Case law

Vandergrift Estate

406 Pa. 14 · Supreme Court of Pennsylvania · Jan 2, 1962

In resolving these questions certain well established principles of law must be kept in mind: (1) the intent of the maker of this will must be ascertained by a consideration of the entire will, read in the light of the circumstances … Where a fiduciary acts upon the advice of counsel, such fact is “a factor to be considered in determining good faith, but is not a blanket of immunity in all circumstances”: Borden Trust, 358 Pa. 138, 143 , 56 A. 2d 108 ;

In Re Baby Boy Robinson

486 Pa. 604 · Supreme Court of Pennsylvania · Oct 23, 1979

Viewed under this standard, the record established that on January 5, 1969, appellant gave birth to Lanny Jose. … Appellee argues it was introduced purely for historical purposes and the majority would have us believe a termination is clearly warranted even without this evidence. Both contentions are facetious.

In Re: A.J.H.- and I.G.H. Apl. of K.J.R., Mother

Supreme Court of Pennsylvania · Jul 18, 2018

As in Jones, while it is possible that some of the exhibits could have qualified as business records, CYS failed to present any testimony to establish that any of the 167 exhibits, or the numerous separate documents contained … The evidence that clearly and convincingly supports the termination of this fundamental right must necessarily be competent.

Boundary Drive Associates v. Shrewsbury Township Board of Supervisors

507 Pa. 481 · Supreme Court of Pennsylvania · Apr 8, 1985

However, it attempted to qualify approval by stipulating that the Township would not assist appellant in securing connection to New Freedom Borough’s public sewer system. … Clearly, meaningful preservation of agricultural land could not be achieved under this type of regulatory scheme.

Commonwealth v. Ritchie

509 Pa. 357 · Supreme Court of Pennsylvania · Dec 11, 1985

Clearly, the confidentiality of records is not absolute under this legislative scheme. A court of competent jurisdiction is specifically authorized to enter an order of disclosure. 11 P.S. § 2215(a)(5). … However,. this right is qualified to the extent of existing testimonial privileges of witnesses, including the privilege against self incrimination. Id. at 23, n. 21, 87 S.Ct. at 1925, n. 21 .

Miller v. County of Centre

173 A.3d 1162 · Supreme Court of Pennsylvania · Nov 22, 2017

This Court was required to interpret the word “verified” as used in section 1701 of the Election Code, pursuant to which a trial court will open a ballot box and order a counting of the ballots if three qualified electors … district established by section 901” of the Judicial Code. 42 Pa. C.S. § 102.

Miller v. County of Centre

173 A.3d 1162 · Supreme Court of Pennsylvania · Nov 22, 2017

This Court was required to interpret the word “verified” as used in section 1701 of the Election Code, pursuant to which a trial court will open a ballot box and order a counting of the ballots if three qualified electors … district established by section 901” of the Judicial Code. 42 Pa. C.S. § 102.

Presbyterian Congregation v. Johnston

1 Watts & Serg. 9 · Supreme Court of Pennsylvania · May 15, 1841

Wallace since he had been among them, and believed that his talents and piety highly qualified him to promote the spiritual interests of that congregation.” … But it is clearly settled, that if a fund, real or personal, be given in such a way that the purpose be clearly expressed to be that of maintaining a society of Protestant dissenters, promoting no doctrines contrary to law

Cintas Corp. v. Lee's Cleaning Services, Inc.

549 Pa. 84 · Supreme Court of Pennsylvania · Sep 16, 1997

‘proof of service may be defective or even lacking, but if the fact of service is established jurisdiction cannot be questioned.’ ” Id. at 6 , 381 A.2d at 455 (quoting Goodman v. … Here, Lee’s Cleaning did not attempt to prove that there was a fatal defect on the face of the record at the time the judgment was entered, nor could it, because the return of service clearly stated that Virginia Watson was

Commonwealth, Aplt. v. Ali, R.

Supreme Court of Pennsylvania · Nov 22, 2016

Relevant to the instant matter, the Crime Victims Act establishes a “victims’ bill of rights,” which provides, inter alia, that crime victims have the right to present victim impact statements at sentencing hearings. 18 … This evidence clearly qualified as victim impact testimony in Malloy’s sentencing hearing and was properly admitted and considered in that case because it showed the devastation caused by Malloy’s decision to drive while

In re Nomination Petition of Beyer

631 Pa. 612 · Supreme Court of Pennsylvania · May 5, 2014

Beyer to identify clearly his occupation, and the candidate knew his petition would likely promote misinformation on that very point. Yet, he implemented an “explain only if asked” approach. … Beyer’s nomination petitions bore a facial defect, as he was not yet qualified to claim the present occupational or professional status of “lawyer.”

Obici Trust

390 Pa. 180 · Supreme Court of Pennsylvania · Sep 30, 1957

“The individual Trustees shall not be required at any time to file a bond in order to qualify or to act.” “19. … While a majority of the trustees were to be of the so-called “management group”, the settlor clearly gave Rocereto a power to curb that group, so long as Rocereto should live.

Commonwealth v. Smith, B., Aplt.

Supreme Court of Pennsylvania · Jul 21, 2020

Although one may be a “fugitive” “by fleeing the jurisdiction or hiding,” these are clearly not the exclusive means by which one qualifies as a fugitive. … In this case, the parties clearly did not ignore the scienter requirement under the UFA; the requirement was satisfied when appellant agreed to the stipulation.

Commonwealth v. Levinson

480 Pa. 273 · Supreme Court of Pennsylvania · Jul 19, 1978

The statutory material cited is clearly inapplicable to a situation such as the one presented here. … The de facto rule might be applicable if six persons are originally sworn as a member of a grand jury or a trial jury when the jury begins its work but it later develops that such persons were not qualified because they were

Commonwealth v. Labron

543 Pa. 86 · Supreme Court of Pennsylvania · Dec 29, 1995

Rather, we concluded that the lack of knowledge was not sufficient to qualify as an unforeseen circumstance because the “[pjolice could have drafted their request for a warrant in terms that were ‘as particular as is reasonably … Indeed, it would be difficult to conceive of a case where the circumstances surrounding a challenged search would be more clearly non-exigent than those presented here.

Reese v. Pennsylvanians for Union Reform

173 A.3d 1143 · Supreme Court of Pennsylvania · Nov 22, 2017

PFUR then sets about trying to establish that these conditions are not met in the present appeal. PFUR’s Brief at 12. … The List qualifies as a "record” under the RTKL: "Record."

County of Fulton v. Sec. of Com., Aplt.

Supreme Court of Pennsylvania · Apr 19, 2023

Immunity is once more obtained because the new plan was not specifically enjoined. … Attorney Carroll similarly asserted that “the DOJ has clearly set up standards for what they are saying is prosecutable under their investigations that are ongoing.

Williams v. Williams

373 Pa. Super. 143 · Supreme Court of Pennsylvania · Apr 15, 1988

It is apparent that the purpose of the court’s order was to establish that each party was entitled to one-half the value of the real estate from the time of separation. … Therefore the trial court correctly concluded that the wife did not qualify for permanent alimony under Section 501. IV.

Reese v. Pennsylvanians for Union Reform

173 A.3d 1143 · Supreme Court of Pennsylvania · Nov 22, 2017

PFUR then sets about trying to establish that these conditions are not met in the present appeal. PFUR’s Brief at 12. … The List qualifies as a "record” under the RTKL: "Record."

Geniviva v. Frisk

555 Pa. 589 · Supreme Court of Pennsylvania · Apr 1, 1999

Although in Pennsylvania the doctrine has been reduced from case law and set forth in our Rules of Appellate Procedure as establishing a class of orders that may be appealed as of right, it nevertheless remains a specialized … Accordingly, under this rule an order must meet a three-prong test to qualify as a "collateral order;" separability, importance and urgency. Ben v. Schwartz, 690 A.2d 849, 851 (Pa.Cmwlth. 1997).