way test in Pennsylvania

2019It is in this way that the doctrine of separation of powers functions." Id.

2008It is in this way that the doctrine of separation of powers functions.” Id.

2023See London v. City of Phila., . . . 194 A.2d 901, 902-03 ([Pa.] 1963) (holding that claim that could have been asserted in previous federal court action could not be 18 Petitioner cites to this Court’s decision in Grosso v. Love, 667 A.2d 43 (Pa. Cmwlth. 1995), for the proposition that “these defenses are not to be raised [s]ua [s]ponte by the Court.” (Petitioner’s Br. at 3.) There, this Court held that a trial court may not dismiss a complaint as frivolous pursuant to Pa.R.Civ.P. 240(j) after it has granted an in forma pauperis petition.

2018See London v. City of Phila. , 412 Pa. 496 , 194 A.2d 901 , 902-03 (1963) (holding that claim that could have been asserted in previous federal court action could not be litigated in subsequent state court action).

2001On appeal, this court affirmed and the supreme court granted allocatur in order to review “the way in which the presumption of paternity functions in Pennsylvania law.” Id. ¶ 7 A divided supreme court vacated and remanded the case.

2001On appeal, this court affirmed and the supreme court granted allocatur in order to review "the way in which the presumption of paternity functions in Pennsylvania law." Id. ¶ 7 A divided supreme court vacated and remanded the case.

1951In Sauber v. Nouskajian, 286 Pa. 449, 454-455 (1926), Mr. Chief Justice Moschzisker stated: “The method which plaintiff sought to pursue, of obtaining a judgment against his debtor and then taking in execution the property alleged to have been fraudulently conveyed by the latter, was the usual, and, prior to the passage of the Uniform Fraudulent Conveyance Act, 1921, P. L. Í045, the exclusive method of procedure in Pennsylvania (Hyde v. Baker, 212 Pa. 224, 226 ; Kemmler v. McGovern, 238 Pa. 460, 461 ) ; therefore, plaintiff was entitled to follow it.” At page 454 the opinion writer stated: “We

1941Co., 298 Pa. 182 , 148 A. 94 , it is said: “The established way to test the question of whether real property has been conveyed in fraud of creditors is for one claiming to be a creditor to obtain a judgment and issue execution against the premises in question as the property of his debtor, this to be followed by an ejectment at the suit of the purchaser at sheriff’s sale.” And further, in referring to the Act of 1921, supra: “That statute gives an additional optional remedy, by bill, to set aside the conveyance to the extent necessary to satisfy the creditor’s claim (Sauber v. Nouskajian, 286

1974Each constitutional rule of criminal procedure has its own distinct functions, its own background of precedent, and its own impact upon the administration of criminal justice, and the way in which these factors combine must inevitably vary with the dictate involved." Johnson v. New Jersey, 384 U.S. 719, 728 , 86 S. Ct. 1772, 1778 (1966).

1974Each constitutional rule of criminal procedure has its own distinct functions, its own background of precedent, and its own impact upon the administration of criminal justice, and the way in which these factors combine must inevitably vary with the dictate involved." Johnson v. New Jersey, 384 U.S. 719, 728 , 86 S. Ct. 1772, 1778 (1966).

2025More than once.”); id. at 153 (G.P. testifying that she sent photos showing her full body, sometimes covering her face). - 31 - J-A08003-25 Specifically, Taylor argues that, under Commonwealth v. Black, 487 A.2d 396, 401 (Pa. Super. 1985), this evidence was relevant to attack both G.P.’s and her mother’s credibility; was not overly prejudicial; and he did not have an alternative way to challenge the credibility of G.P. and her mother.

2025See N.T., Day 1, at 40 (defense counsel stating that “unavailability has to be based on the finding that the judge believes that her inability to remember is not genuine”), 57 (prosecutor stating, “The way the rule [803.1(4)(c)] works is she’s deemed unavailable”), 58 (court finding Lomax “not credible”); Rule 1925(a) Opinion, filed 4/16/24, at 6 (“Lomax was live and present in the courtroom”); Commonwealth v. Einhorn, 911 A.2d 960, 972 (Pa.Super. 2006).

2024See, e.g., Commonwealth v. Taylor, 65 A.3d 462, 465-66 (Pa. Super. 2013).

2023See London v. City of Phila., . . . 194 A.2d 901, 902-03 ([Pa.] 1963) (holding that claim that could have been asserted in previous federal court action could not be 18 Petitioner cites to this Court’s decision in Grosso v. Love, 667 A.2d 43 (Pa. Cmwlth. 1995), for the proposition that “these defenses are not to be raised [s]ua [s]ponte by the Court.” (Petitioner’s Br. at 3.) There, this Court held that a trial court may not dismiss a complaint as frivolous pursuant to Pa.R.Civ.P. 240(j) after it has granted an in forma pauperis petition.

2023The assertion in footnote five of In re Estate of Peles, 739 A.2d 1071 , 1074 (Pa. Super. 1999) that this section ‘does not govern the time period in which to submit a later codicil for probate’ was inconsistent with the intent of this section and § 3138, which set forth alternative and not exclusionary procedures.

2023The assertion in footnote five of In re Estate of Peles, 739 A.2d 1071, 1074 (Pa. Super. 1999) that this section ‘does not govern the time period in which to submit a later codicil for probate’ was inconsistent with the intent of this section and § 3138, which set forth alternative and not exclusionary procedures.

2022Warminster Fiberglass v. Workers’ Compensation Appeal Board (Jorge), 708 A.2d 517, 521 (Pa. Cmwlth. 1998).

2020The competency investigation by the court was designed to question the children in such a way to test their "(1) capacity to observe or perceive the occurrence with a substantial degree of accuracy; (2) ability to remember the event which was observed or perceived; (3) ability to understand questions and to communicate intelligent answers about the occurrence, and (4) consciousness of the duty to speak the truth." Commonwealth v. Anderson, 381 Pa.Super 1, 8, 552 A.2d 1064, 1068 (1988), alloc. denied, 524 Pa. 616 , 571 A.2d 379 (1989).

2020While conveying an appreciation that such exactions are often unavoidable, the Commonwealth argues nonetheless that “the balance of interest tips decidedly the other way when an error has had no effect on the outcome of the trial.” Brief for Appellee at 11-12 (quoting U.S. v. Mechanik, 475 U.S. 66, 72 , 106 S. Ct. 938, 942-43 (1986)).

2020While conveying an appreciation that such exactions are often unavoidable, the Commonwealth argues nonetheless that “the balance of interest tips decidedly the other way when an error has had no effect on the outcome of the trial.” Brief for Appellee at 11-12 (quoting U.S. v. Mechanik, 475 U.S. 66, 72 , 106 S. Ct. 938, 942-43 (1986)).

2018Id. cmt;32 see also 20 Pa.C.S. § 3133(b) (“The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in section 908 (relating to appeals)”); In re Hickman’s Estate, 162 A. 168, 170 (Pa. 1932) (holding, “probate is not conclusive as to extraneous matters or matters dehors the record; nor is it conclusive as to matters not involved in, nor properly determinable upon, probate.” (citations omitted)); Estate of Pew, 655 A.2d 521, 547 (Pa. Super. 1994) (same).

2018Id. cmt;32 see also 20 Pa.C.S. § 3133(b) (“The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in section 908 (relating to appeals)”); In re Hickman’s Estate, 162 A. 168, 170 (Pa. 1932) (holding, “probate is not conclusive as to extraneous matters or matters dehors the record; nor is it conclusive as to matters not involved in, nor properly determinable upon, probate.” (citations omitted)); Estate of Pew, 655 A.2d 521, 547 (Pa. Super. 1994) (same).

2013Co., 410 Pa.Super. 300 , 599 A.2d 1001, 1006 (1991), for the proposition that a petition to compel arbitration is the functional equivalent of a complaint, and that the proper way to challenge venue in a civil action is through a preliminary objection.

2013Co., 410 Pa.Super. 300 , 599 A.2d 1001, 1006 (1991), for the proposition that a petition to compel arbitration is the functional equivalent of a complaint, and that the proper way to challenge venue in a civil action is through a preliminary objection.

2009Brief for Appellees at 10. ¶ 12 This Court recently articulated the standard for statutory construction in Stivason v. Timberline Post and Beam Structures Co., 947 A.2d 1279, 1281-1282 (2008) (emphasis added) as follows: The rules set forth in the Statutory Construction Act of 1972 (“SCA”) guide our present inquiry. 1 Pa.C.S.A. § 1501 et seq.