DPW motion in Pennsylvania

14 Pennsylvania opinions name it 2 courts 1982–2021 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
P.E. v. Department of Public Welfaregreen pacommwct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021See also P.E. v. Department of Public Welfare, 692 A.2d 1155, 1157 (Pa. Cmwlth. 1997) (“The record establishes that [the named perpetrator] failed to respond to DPW’s motion [to dismiss].	1	1
Unangst's Appealgreen pa · 1939 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 2 sentences 2015"The court will take judicial notice of public statutes.” In re Annual Controller’s Reports for Years 1932, 1933, 1934, 1935 & 1936, Inclusive, 333 Pa. 489 , 5 A.2d 201, 204 (1939). 2015"The court will take judicial notice of public statutes.” In re Annual Controller’s Reports for Years 1932, 1933, 1934, 1935 & 1936, Inclusive, 333 Pa. 489 , 5 A.2d 201, 204 (1939).	1	1
Durante v. Pennsylvania State Policegreen pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009 2 sentences 2009Durante v. Pennsylvania State Police, 570 Pa. 449, 452 , 809 A.2d 369, 371 (2002). . 2009Durante v. Pennsylvania State Police, 570 Pa. 449, 452 , 809 A.2d 369, 371 (2002). .	1	1
Simmons v. Cohengreen pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994 1 sentence 1994When this case came before us on DPW’s motion for summary judgment in Simmons 1, we denied the motion.	1	1
Kurtz v. Eriegreen pa · 1957 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988 2 sentences 1988Compare Kurtz v. City of Erie, 389 Pa. 557, 561 , 133 A.2d 172, 174 (1957), where the Supreme Court, construing the nearly-identical payment provisions of the Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §637, an act having a similar effect to Act 534, said, “It is significant that this statute provided for the payment of ‘salary’, rather than ‘compensation’ to the policemen or firemen.” 1988Compare Kurtz v. City of Erie, 389 Pa. 557, 561 , 133 A.2d 172, 174 (1957), where the Supreme Court, construing the nearly-identical payment provisions of the Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §637, an act having a similar effect to Act 534, said, “It is significant that this statute provided for the payment of ‘salary’, rather than ‘compensation’ to the policemen or firemen.”	1	1
Kania v. Ebensburg State School & Hospitalgreen pacommwct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988 2 sentences 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Barnes v. Barnes green pacommwct · 1989 2 sentences 1991This is an appeal by the Department of Public Welfare (DPW) from an order of the Commonwealth Court 126 Pa.Cmwlth. 330 , 559 A.2d 980 affirming the order of the Allegheny County Court of Common Pleas denying DPW’s motion to compel the prothonotary to enter judgment on the docket against Appellee, Reid T. 1991This is an appeal by the Department of Public Welfare (DPW) from an order of the Commonwealth Court 126 Pa.Cmwlth. 330 , 559 A.2d 980 affirming the order of the Allegheny County Court of Common Pleas denying DPW’s motion to compel the prothonotary to enter judgment on the docket against Appellee, Reid T.	2	1990–1991
Mertz Ex Rel. Mertz v. Houstoun green paed · 2001 1 sentence 2007Mertz v. Houstoun, 155 F.Supp.2d 415 (E.D.Pa.2001), in which the court held, like James and F.K., that the income stream from an annuity is not a countable resource under federal law.	1	2007–2007
Dempsey Ex Rel. Dempsey v. Department of Public Welfare green pacommwct · 2000 1 sentence 2007Dempsey v. Department of Public Welfare, 756 A.2d 90 (Pa.Cmwlth.2000), requires a different result than that reached in James, Mertz and F.K.	1	2007–2007
Morrissey v. Department of Highways green pa · 1967 2 sentences 1997In setting forth the burden of proof in Haygood , we looked to the Pennsylvania Supreme Court's decision in Morrissey v. Department of Highways, 424 Pa. 87 , 225 A.2d 895 (1967). 1997In setting forth the burden of proof in Haygood , we looked to the Pennsylvania Supreme Court's decision in Morrissey v. Department of Highways, 424 Pa. 87 , 225 A.2d 895 (1967).	1	1997–1997
G. S. v. Commonwealth green pacommwct · 1987 2 sentences 1992Id., 104 Pa.Commonwealth Ct. at 89, 521 A.2d at 89 . 1992Id., 104 Pa.Commonwealth Ct. at 89, 521 A.2d at 89 .	1	1992–1992
Trumpikas v. Commonwealth green pacommwct · 1980 2 sentences 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o	1	1988–1988
Spehar v. Commonwealth, Department of Public Welfare neutral pacommwct · 1982 2 sentences 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o	1	1988–1988
Lightcap v. Commonwealth green pacommwct · 1987 2 sentences 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o 1988See, e.g., Kania v. Ebensburg State School and Hospital, 49 Pa. Commonwealth Ct. 136 , 410 A.2d 939 (1980) (hearing before DPW hearing examiner); Trumpikas v. Department of Public Welfare, 50 Pa. Commonwealth Ct. 130 , 412 A.2d 218 (1980) (adjudication by Hearing and Appeals Unit of DPW); Spehar v. Department of Public Welfare, 67 Pa. Commonwealth Ct. 310 , 447 A.2d 333 (1982) (adjudication by hearing officer of DPW after initial denial of the claim by the employer hospital); Lightcap v. Department of Public Welfare, 107 Pa. Commonwealth Ct. 98 , 527 A.2d 1087 (1987) (adjudication by hearing o	1	1988–1988
O'Hara v. Commonwealth green pacommwct · 1985 2 sentences 1987On review, the petitioners, while conceding that the decision to grant or deny a continuance is within the discretion of the Hearing Officer, O’Hara v. Pennsylvania Board of Probation and Parole, 87 Pa. Commonwealth Ct. 356 , 487 A.2d 90 (1985), and that our review thereof is limited to determining whether or not the Hearing Officer abused that discretion in so doing id., contend that the denial of a continuance under the circumstances here did constitute such an abuse of discretion. 1987On review, the petitioners, while conceding that the decision to grant or deny a continuance is within the discretion of the Hearing Officer, O’Hara v. Pennsylvania Board of Probation and Parole, 87 Pa. Commonwealth Ct. 356 , 487 A.2d 90 (1985), and that our review thereof is limited to determining whether or not the Hearing Officer abused that discretion in so doing id., contend that the denial of a continuance under the circumstances here did constitute such an abuse of discretion.	1	1987–1987
Walker v. Unemployment Compensation Board of Review green pacommwct · 1976 2 sentences 1983Our long standing rule in this area was first enunciated in Walker v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 522 , 367 A.2d 366 (1976) where we held that hearsay evidence properly objected to is not com petent evidence to support a finding of the agency or board whose adjudication is under review. 1983Our long standing rule in this area was first enunciated in Walker v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 522 , 367 A.2d 366 (1976) where we held that hearsay evidence properly objected to is not com petent evidence to support a finding of the agency or board whose adjudication is under review.	1	1983–1983
Temple University v. Pennsylvania Department of Public Welfare green pacommwct · 1979 2 sentences 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III). 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III).	1	1983–1983
Temple University, Etc. v. Pa. Dept. Etc. green pa · 1980 2 sentences 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III). 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III).	1	1983–1983
Stevens v. Georgia neutral scotus · 1980 2 sentences 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III). 1983OHA granted DPW’s motion on the basis of our decision in Temple University v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 22 , 407 A.2d 92 (1979), aff’d 490 Pa. 207 , 415 A.2d 413 , appeal dismissed, 449 U.S. 1005 (1980) (Temple III).	1	1983–1983
Mechanicsburg Area School District v. Kline green pacommwct · 1979 2 sentences 1982The DPW further maintains that, because the funds available for Mental Health/Mental Retardation programs are limited, the order of the court below would have the practical effect of decreasing the grants for mental health program's operated by other counties and that those counties should have been joined as indispensable parties, citing Mechanicsburg Area School District v. Kline, 41 Pa. Commonwealth Ct. 371 , 399 A.2d 1136 (1979). 1982The DPW further maintains that, because the funds available for Mental Health/Mental Retardation programs are limited, the order of the court below would have the practical effect of decreasing the grants for mental health program's operated by other counties and that those counties should have been joined as indispensable parties, citing Mechanicsburg Area School District v. Kline, 41 Pa. Commonwealth Ct. 371 , 399 A.2d 1136 (1979).	1	1982–1982
Demetriou v. Carlin green pacommwct · 1979 2 sentences 1982Demetriou v. Carlin, 47 Pa. Commonwealth Ct. 478 , 408 A.2d 565 (1979), and, inasmuch as the DPW did not challenge the jurisdiction of the court below at the appropriate time, we will consider it to have waived any objection which it may have had thereto. 1982Demetriou v. Carlin, 47 Pa. Commonwealth Ct. 478 , 408 A.2d 565 (1979), and, inasmuch as the DPW did not challenge the jurisdiction of the court below at the appropriate time, we will consider it to have waived any objection which it may have had thereto.	1	1982–1982

Where else courts name it

PA 14 (1982–2021) IN 4 (1993–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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