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The Fortieth Investigative Grand Jury stirred a tsunami of public outrage, but has not resulted in a single prosecution. Among the many consequences flowing from this momentous historic event, one unforeseen by almost everyone and not yet fully appreciated, has begun to unfold on December 3, 2018. The Pennsylvania Supreme Court made permanent its temporary redaction of the names of eleven priests accused of child molestation in the report. year 6 electricity worksheets The Supreme Court stated that the statute that created the investigative grand jury, and authorized the publication of their findings, did not contain adequate due process procedures to protect the constitutionally guaranteed right to reputation.

The Supreme Court held that the procedure established by the Investigative Grand Jury statute cannot be modified by judicial fiat to include due process procedures. The changes would be so significant as to completely overhaul the framework set for in the state. This requires that the Supreme Court must order permanent redaction of names of the accused who, under the procedures employed in the investigation, were not given due process.

But lawyers are not alone in the need to protect their professional reputations. It is not terribly hard to imagine future Investigative Grand Juries being convened to look into accusations of child molestation by teachers, hospital employees and members of other organizations dedicated to helping children. If that time comes, others will be able to protect their name by petitioning for redaction.

Judge Donna Jo McDaniel of the Allegheny County Court of Common Pleas was recently barred by the Superior Court from sentencing sexual offenders because she has continually exceeded sentencing guidelines. Nevertheless, I suspect that the public thinks more like Judge McDaniel than the Superior Court. If current sentencing guidelines for sexual predators were put to a referendum, would the maximum sentences win in a landslide? Probably.

In light of the recent Grand Jury report, bishops have been strongly criticized and even threatened with criminal prosecution for allegedly covering up crimes and permitting priests to return to ministries that give access to children. This approach has been abandoned today as a blind refusal to accept facts or at best a failed experiment in rehabilitation. Priests today are suspended from duties immediately upon credible accusation. gsa 2016 calendar So are school teachers and other public employees. This reflects the growing viewpoint that the risk to the public of future crime exceeds the rights of the accused to be considered innocent until proven otherwise in a court of law. In practice, this has created a de facto presumption of guilt that is unlikely to be erased, even after acquittal.

While the foreclosure was pending, on March 23, 2012 the Johnsons initiated a class action against Phelan alleging that the firm was claiming fees in connection with foreclosure actions in excess of the amount they were entitled to under Act 6 from the Johnsons and members the class. The Johnsons claimed treble damages and attorney’s fees under the statute for themselves and members of the putative class.

Phelan filed preliminary objections, asserting that under the language in the statute, Section 406 could be applied only to “residential mortgage lenders, ” which it was not. Preliminary objections were sustained and the case was consolidated on appeal with Glover v. Udren Law Offices, PC,92 A.2d 24 (Pa.Super. 2014). The Superior Court affirmed, but the Supreme Court reversed at 139 A.3d 195 (2016), holding that the legislature did not intend to limit application to mortgage lenders only, but to other persons, including the attorneys who bring the foreclosure actions.

On remand, Phelan raised a wholly new issue: whether the Johnson Mortgage was a “residential mortgage” under Act 6. Phelan observed that Act 6, enacted in 1974, had originally defined the term “residential mortgage” as one securing a loan of $50,000 or less. Over the years, this limitation had made Act 6 increasingly irrelevant. b games zombie Then, in 2008, the Pennsylvania legislature increased the defined term to the inflation-adjusted amount of $217,873, with provisions for further administrative escalation over time.

However, the Defendant filed a post-trial motion for reconsideration, stating that she had been confused concerning the hearing date. She ran into the Plaintiff, her landlord and said she would see him in court on a certain date, the wrong date. The landlord did not reply, permitting the tenant to continue in the belief that the hearing date was the wrong date.

In Shin, the Defendant had appealed an arbitration decision to Common Pleas Court and the case was assigned to a settlement conference on a specified date in the presence of the defense counsel. When counsel failed to appear at the settlement conference, the appeal was dismissed. Defendant petitioned to reinstate the appeal, averring that counsel had inadvertently failed to note the matter on on his calendar. On appeal, the Superior Court ruled that the court had the authority to dismiss the case under Rule 218, but had abused its discretion by doing so.

The Superior Court opinion noted that the record did not indicate that the court below had made any attempt to contact counsel before dismissing the appeal. electricity sound effect It stated: “There was no suggestion by the trial court that counsel’s behavior was part of a pattern of misconduct or abuse. There is no allegation that the opposing party would be prejudiced by a delay. The trial court did not conduct a hearing, either before dismissing the appeal or on [defendant’s] petition to reinstate the appeal, in which it could have appropriately reviewed the appropriateness of the dismissal. Most importantly, there is no indication that the trial court gave any consideration to lesser sanctions.”

In Williams, decided by the Commonwealth Court, the Court of Common Pleas of Philadelphia County conducted an ex-parte trial and found the District liable for injuries sustained by Williams. Williams, a minor, was riding in a school bus when it began to rain. The bus driver told the student-passengers to close the windows. She knelt on the seat to close a window and her knee went into the seat, causing a cut. electricity cost calculator When she saw blood, she hopped to the front of the bus to tell the driver, who pulled over and called an ambulance.

During discovery, the School District had obtained two orders precluding the admission of certain medical evidence at trial. The attorney for Williams stated that the plaintiff would not appear at the arbitration, but would appeal to the common pleas court for a trial de novo. Williams did not appear, but her counsel did. On appeal, the judge entered sanctions against Williams for not appearing at arbitration and a new arbitration case was scheduled. A notice of the new date never reached counsel for the School District, who happened to be pregnant with triplets at the time when the case was to be heard. The School District also never received the “20 day packet” of evidence Williams intended to introduce. Counsel for the School District returned from her absence on the day of trial, but attended another matter, being unaware of the scheduled hearing.

“While Shin involved a failure to appear at a settlement conference, the Superior Court extended that holding to failure to appeal for an arbitration hearing. Thompson v. m gasbuddy app Houston, 839 A.2d 389 (Pa.Super.2003); Faison v. Turner, 858 A.2d 1244 (Pa.Super.2004). While those cases are not binding on this Court, they cogently set forth the factors that a trial court should use to dismiss an action for failure to appear, and we adopt them as our own.”

1) whether the failure to appear was inadvertent; 2) whether counsel’s failure to appear was part of a pattern of improper behavior, misconduct or abuse; 3) whether the court attempted to contact counsel prior to dismissing the [case]; 4) whether the opposing party would be prejudiced by the delay; and 5) whether the court gave any consideration to lesser sanctions.”

What practical advice should we take away from these cases? None of these questions can be answered with any degree of certainty without some sort of a hearing. Must a telephone call be made to the missing litigant before trying the case ex-parte or dismissing the action? If no one answers, can the case then be tried ex-parte or dismissed.

When the forgetful or confused pro-se litigant discovers that the case has been ended without his participation, someone tells him or her to file post trial motions. At that point, the judge can apply the five pronged test, as Judge Hertzberg did. If a bus ran over your foot on the way to court, you are covered. However, if your alarm clock didn’t go off, probably not. And if the opponent knew that you thought the hearing was on the wrong day and didn’t disabuse you of the error, hope you were assigned to Judge Hertzberg.

The newspaper says that Pittsburgh is not likely to be selected by Amazon for the fabled HQ2. Things looked promising when we were selected as one of 20 semi-finalists. But the initial visit by the selection committee was a long time ago and there have been no follow-ups. Meanwhile, chatter in the New York Times and other publications points to one or two places in the vicinity of Washington DC and New York.

Amazon will make that decision and we cannot do much more than say thanks for the opportunity. But that should not be the end of the story. There are other things that Pittsburgh can decide to do. After having studied numerous site locations to prepare the proposal for Amazon, we may be able to develop ideas for something just as good (or better) that another enterprise could build. After all, we went to a considerable amount of trouble to pitch potential properties to Amazon, developing subsidies and other incentives, including additional infrastructure.

You and I are constantly facing these kinds of opportunities and don’t even realize it. gas definition wikipedia Maybe you applied for a job, but were not selected. Then you don’t bother to ask yourself what to do next. You did a lot of research to prepare for an interview and you know about the industry. Should you employ this information by continuing to look for similar jobs? Or maybe something else you hadn’t considered before looks interesting.