Case law

Berg, D. v. Nationwide Mut. Ins. Co.

189 A.3d 1030 · Superior Court of Pennsylvania · Jun 5, 2018

Plaintiffs’ counsel’s letter of January 12, 1999 clearly precipitated Appellant’s January 13, 1999 letter to Summit Bank ____________________________________________ 21 The trial court consistently refers to Appellant … The company provides full and qualified legal representation to the customer. All of this is promised by the insurance company. Id. at 24-26.

Estate of Anne v. Ballinger

Superior Court of Pennsylvania · May 19, 2017

It clearly indicates what rights he wished to surrender (his participation in the will contest) and displayed a clear purpose to do so. … Appellant qualified his statement with "at this time," indicating that he might have changed his mind, but he never exhibited any sign of doing so and remained silent throughout the litigation.

Com. v. Labar, B.

Superior Court of Pennsylvania · Sep 22, 2020

Rather, the appellant must establish, by reference to the record, that the sentencing court ignored or misapplied the law, exercised its judgment for reasons of partiality, prejudice, bias or ill will, or … This designation was clearly made in error as SORNA provides that Tier II offenses require 25-year registration and Tier III offenses require lifetime registration. 42 Pa.C.S.A. § 9799.15(a)(2)-(3).

N.C.F. v. S.H.F.

Superior Court of Pennsylvania · Aug 29, 2023

On December 19, 2022, the court held a final PFA order hearing at which Mother, M.F.,4 and Arnold Shienvold, Ph.D., a qualified expert in psychology, testified. … The court then requested that both parties’ attorneys question Mother regarding whether testifying would cause K.F. emotional distress which would prevent her from clearly ____________________________________________

M.C. v. T.B.

Superior Court of Pennsylvania · Feb 14, 2018

It is clearly contempt of Court. It didn’t happen. And I wish the best on working it out. I think it can be worked out from the testimony. . . . … -5- J-S84045-17 Our standard of review is well-established.

Mohen, T. v. Mohen, C.

Superior Court of Pennsylvania · Sep 21, 2021

We review such challenges using the following well-established principles. A trial court has broad discretion when fashioning an award of equitable distribution. … This credibility assessment is clearly within the province of the trial court. This Court will not re-weigh the evidence and disrupt credibility findings supported by the evidence.

In the Interest of: A.Y., Appeal of: L.M.Y.

Superior Court of Pennsylvania · Apr 26, 2021

Davis “was not qualified as an expert and therefore her diagnosis of [Child] was not considered by the [c]ourt when making its determination to grant” the involuntary termination petition.11 Orphans’ Court Opinion, … [Child] expressed that she wishes to remain with her [f]oster family.[12] CYF has clearly established that a healthy bond exists between Foster Parents and Child.

Com. v. D'Adderio, K.

Superior Court of Pennsylvania · Jun 17, 2019

A statute, therefore, will only be found unconstitutional if it “clearly, palpably and plainly” violates the constitution. Commonwealth v. Grove, 170 A.3d 1127, 1144-45 (Pa. … * * * - 11 - J-A06041-19 The standard for determining whether a statute is overbroad is well established:

Hayman, B. v. Hayman, J.

Superior Court of Pennsylvania · Oct 8, 2020

The parties since have returned to court numerous times for a dispute over the entry of a Qualified ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 While … Clearly, the order was not the model of clarity, and it does not meet the requirement that it be “definite, clear, and specific.” Sutch, 142 A.3d at 67–68.

In the Int. of: A.S.L., Appeal of: C.C.

Superior Court of Pennsylvania · May 29, 2019

each case and consider all explanations offered by the parent facing termination of his… parental rights, to determine if the evidence, in light of the totality of the circumstances, clearly … - 15 - J-S26016-19 county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified

Mann, C. v. Mann, M.

Superior Court of Pennsylvania · Jan 6, 2021

Defendant's income was established via paystubs submitted at the conference. Id. … It does not imply intentional wrong or bad faith, or misconduct, nor any reflection on the judge but means the clearly erroneous conclusion and judgment-one that is clearly

Com. v. Moore, P.

Superior Court of Pennsylvania · Oct 10, 2017

Doctor Frasier was qualified as an expert in radiology, pediatrics, and child abuse. Id., at 2 I 9. … The defense offered Doctor Jeffrey Bornze to be qualified as a medical expert, which the Court did. Id., at 355.

In Re: Matesic, R. Appeal of: Jordan, N.

Superior Court of Pennsylvania · Jun 21, 2021

She explained that at the time of her appointment, “no compensation was established for [her] services[, and that she]” is willing to accept the same hourly rate [as was established for Lazarus] or a flat monthly rate … It merits emphasis that Appellants have not presented any evidence or argument demonstrating Shepard is not qualified to serve as Robert’s Successor PLG.

Harrigan, K. v. Forsythe, K.

Superior Court of Pennsylvania · Jun 30, 2023

Accordingly, we believe that the rule must now be qualified, but prospectively in fairness to plaintiffs who have relied on the language of Rule 1007 and our previous interpretations of it. … Accordingly, Appellant’s actions clearly conveyed her diligence and effort to comply with the service requirement. See McCreesh, supra; Leidich, supra.

Com. v. McFarland, M.

Superior Court of Pennsylvania · May 23, 2017

Armstrong, who was qualified as an expert in the field of neuropsychology, testified that in her expert opinion to a reasonable degree of neuropsychological certainty, based upon her extensive testing of McFarland, review … You can establish that he went to a facility for inpatient treatment for collateral issues. MS. CARDAMONE: I think that is exactly what I did.

In the Int. of: J.M.B., Appeal of: A.B.

Superior Court of Pennsylvania · Dec 14, 2021

The court ruled the PHA “Waitlist Eligibility Interview Invitation” was not admissible because it was hearsay and not clearly established as a business record. Id. … Adoption has been clearly established as the appropriate goal in the best interest of these Children. This Court heard credible, persuasive testimony from Ms.

Com. v. Harper, L.

Superior Court of Pennsylvania · May 16, 2018

Our Supreme Court has explained the difference between the two legal concepts as follows: To qualify for an exception to the PCRA’s time limitations under Subsection 9545(b)(1)(ii), a petitioner need … only establish that the facts upon which the claim is based were unknown to him and could not have been ascertained by the exercise of due diligence.

Com. v. Kammerdeiner, K.

Superior Court of Pennsylvania · Jul 13, 2016

Here, Appellant argues that counsel either knew or should have known that he “clearly had mental health issues.” (Appellant’s Brief at 7). … [Appellant] thus has failed to establish the requisite prejudice to warrant relief. (PCRA Ct. Op., at 17-20).

A.N. v. A.L.

Superior Court of Pennsylvania · Aug 11, 2020

"In order for double hearsay to be admissible, the reliability and trustworthiness of each declarant must be independently established. … Clearly, the trial court did not conduct an in camera tender years hearing.

Poist, S. v. Poist, M.

Superior Court of Pennsylvania · Oct 29, 2019

(9) The standard of living established during the marria�. We believe that the parties had a modest, yet comfortable, standard of living during their marriage. … Furthermore, the information sought was clearly irrelevant to the issue before the Court.