Category: Pennsylvania Commonwealth Court Opinions

654 A.2d 176 John IZZI, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (CENTURY GRAPHICS and Atlantic Mutual Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Submitted: April 29, 1994. Decided: January 19, 1995. Appeal from No. A92-1013. Reversed and remanded with directions. Friedman, J., filed a dissenting opinion. Page 177 Howard P. Rovner, for petitioner. Katherine M. Mezzanotte, […]

281 A.2d 192 Tate, et al. v. Antosh, et al. Tate, et al. v. Monacello, et al. Philadelphia, et al. v. Monacello, et al. Philadelphia, et al. v. American Federation of State, County and Municipal Employees, et al. Commonwealth Court of Pennsylvania.Argued June 3, 1971 August 30, 1971. Constitutional law — Separation of power — […]

596 A.2d 1269 COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, BUREAU of DRIVER LICENSING, Appellant, v. Susan Ann MONSAY, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs May 10, 1991. Decided August 23, 1991. Appeal from the Court of Common Pleas, Delaware County, No. 89-15898, George Koudelis, J. Page 164 Marc A. Werlinsky, Asst. Counsel, for appellant. […]

628 A.2d 488 SAUNDERS HOUSE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Dorothy RUSSELL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 5, 1993. Decided June 29, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-2303. Page 506 Maureen Cleary, for petitioner. Alfred M. Abel, for respondent. Before DOYLE and KELLEY, JJ., and BLATT, Senior […]

564 A.2d 280 COMMONWEALTH of Pennsylvania Acting by Attorney General LeRoy S. ZIMMERMAN, Plaintiff v. FIRST FINANCIAL SECURITY, INC. and James E. Farrior, Individually and as President of First Financial Security, Inc. and Frank May, Individually and as Chairman of the Board of First Financial Security, Inc., Defendants. Commonwealth Court of Pennsylvania.Argued June 9, 1989. […]

958 A.2d 1137 Neil FOLMER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SWIFT TRANSPORTATION), Respondent. No. 596 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: May 7, 2008. Decided: October 22, 2008. Page 1138 Nariman P. Dastur, Pittsburgh, for petitioner. Dale A. Cable, Pittsburgh, for respondent. BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITHRIBNER, Judge, PELLEGRINI, Judge, COHN JUBELIRER, Judge, […]

761 A.2d 207 JULIAN HEICKLEN, Appellant v. DISTRICT MAGISTRATE DAN HOFFMAN, CENTRE COUNTY. No. 1510 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 8, 2000. Filed: October 24, 2000. Page 208 Julian Heicklen, appellant, pro se. Louis C. Long, Pittsburgh, for appellee. Before: Honorable James Gardner Colins, Judge; Honorable Dan Pellegrini, Judge; Honorable Joseph F. McCloskey, Senior […]

959 A.2d 530 Mabry v. Comm. of PA. No. 327CD08.Commonwealth Court of Pennsylvania. September 26, 2008. Appeal from the Lycoming County #12512-067 04-00,605 Decisions Without Published Opinions Affirmed.

484 A.2d 863 Allegheny West Civic Council, Inc., Appellant v. City Council of the City of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 4, 1984 December 6, 1984. Zoning — Membership of protesting association — Due process — Free speech — Constitution of Pennsylvania, Article I, Section 7 — Discovery — Relevance — […]

808 A.2d 299 Giant Food Stores, LLC, Petitioner v. Department of Health, Respondent. No. 913 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: June 28, 2002. Filed: October 3, 2002. Page 300 Jeffrey F. Champagne, Harrisburg, for petitioner. Karin Simpson Gutshall, Harrisburg, for repondent. Before: Honorable Dan Pellegrini, Judge; Honorable Ren´e L. Cohn, Judge; Honorable Jess S. Jiuliante, […]

514 A.2d 273 Bobbie Sue Burkey, a minor, by her Parents and Natural Guardians Katherine Burkey and Raymond Burkey, and Katherine Burkey and Raymond Burkey, in their own right, Appellants v. Borough of Auburn, Appellee. Commonwealth Court of Pennsylvania.Argued May 13, 1986 August 25, 1986. Municipalities Governmental immunity — Judicial Code, 42 Pa. C. S. […]

489 A.2d 306 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Margaret Abraham, Appellee. Commonwealth Court of Pennsylvania. March 18, 1985. Liquor licensing — Scope of appellate review — Minors. 1. In a liquor licensing case, when the trial court reverses an order of the Pennsylvania Liquor Control Board following a hearing de novo, […]

415 A.2d 963 Chartiers Valley School District and Township of Scott v. Board of Property Assessment, Appeals and Review and Virginia Mansions Apartments, Inc. Virginia Mansions Apartments, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1980 June 20, 1980. Taxation — Appeal — Act 1939, June 21, P.L. 626 — Jurisdiction — Abandonment. 1. Act […]

968 A.2d 815 CONSOLIDATION COAL COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ALBANI), Respondent. No. 2216 C.D. 2007.Commonwealth Court of Pennsylvania.Argued:: October 14, 2008. Decided:: March 5, 2009. Reargument En Banc Denied: April 29, 2009. Page 816 Paul E. Sutter, Pittsburgh, for petitioner. Stephen P. Moschetta, Washington, for respondent. BEFORE: McGINLEY and COHN JUBELIRER, JJ, […]

467 A.2d 1362 Robert J. Christy, Appellant v. David Allen Darr, Appellee. David Allen Darr, Appellant v. Robert J. Christy, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1983 November 16, 1983. Trespass — Past medical history — Neurosurgeon Medical opinion — Future earning capacity — Medical bills — New trial — Damages — Delay damages. […]

432 A.2d 319 Robert L. Underkoffler, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1981 July 20, 1981. State Employees’ Retirement Code, 71 Pa. C. S. §§ 5308(c) and 5905(c)(1) — Incapacity — Scope of appellate review — Administrative Agency Law, 2 Pa. C. S. § 704. […]

370 A.2d 445 Alvin R. Chavis, Appellant v. Philadelphia County Board of Assistance, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 10, 1977. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Administrative Agency Law, […]

552 A.2d 739 L. K., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 31, 1988. January 6, 1989. Department of Public Welfare — Expungement of child abuse report — Timeliness of request for hearing — Child Protective Services Law, Act of November 26, 1975, P.L. 438. 1. Provisions […]

Commonwealth Court of Pennsylvania. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION— —– —— —- ————- ———– Catasauqua Area School District v. Lehigh-Northampton Airport Authority …….. 291CD97 12/2/97 Lehigh County Reversed and 96-E-0008 Remanded Tabas, Appeal of … 231CD97 12/2/97 Montgomery County Affirmed 90-07645 Lewis v. East Stroudsburg University of PA .. 305CD97 12/3/97 Monroe […]

434 A.2d 1314 In the Matter of Revocation of Club Liquor License No. C-5745 Issued to — Shiloh American Legion Post 791 Home Association Etc. Shiloh American Legion Post 791 Home Association, Appellant. Commonwealth Court of Pennsylvania.Argued June 5, 1981 September 17, 1981. Liquor licensing — Scope of appellate review — Gambling — Liquor Code, […]

313 A.2d 787 Amerada Hess Corporation, Appellant, v. Zoning Board of Adjustment, Appellee. Commonwealth Court of Pennsylvania.Argued October 2, 1973 November 26, 1973. Zoning — Constitutional law — Scope of appellate review — Abuse of discretion — Error of law — Signs — Reasonableness — Arbitrary and discriminatory regulation — Public welfare — Total prohibition […]

683 A.2d 323 Morris GERMAN and Meyer German, Appellants, v. The CITY OF PHILADELPHIA and Redevelopment Authority of the City of Philadelphia. Commonwealth Court of Pennsylvania.Argued June 14, 1996. Decided August 29, 1996. Reargument Denied November 4, 1996. Appeal from the Court of Common Pleas, Philadelphia County, August Term, 1990 No. 433, Cohen, J. Page […]

711 A.2d 554 MARY BOND, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BELMONT CENTER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 27, 1998. Decided April 20, 1998. Appeal from the Commonwealth Court, NO. 2876 C.D. 1997, Rodgers, Senior Judge. Page 555 Before McGINLEY, and LEADBETTER, JJ. and RODGERS, Senior Judge. RODGERS, Senior Judge Mary Bond […]

DEPARTMENT OF TRANSPORTATION, Petitioner v. AGRICULTURAL LANDS CONDEMNATION APPROVAL BOARD, Respondent. No. 2239 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs May 14, 2010. Decided September 1, 2010. Page 822 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 823 Christopher J. Clements, Asst. […]

987 A.2d 231 Mars Area Education Association, PSEA/NEA v. Mars Area School District. No. 2336CD08.Commonwealth Court of Pennsylvania. January 8, 2010. Appeal from the Butler County 08-40241. Decisions Without Published Opinions Affirmed.

562 A.2d 920 Stella TAYLOR, Petitioner, v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES’ RETIREMENT SYSTEM, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1989. Decided May 31, 1989. Publication Ordered August 15, 1989. Appeal from the Employees’ Retirement Board. Page 607 Thomas A. Crawford, Jr., Pittsburgh, for petitioner. Richard D. Michlovitz, Harrisburg, for respondent. Before CRAIG and […]

367 A.2d 772 Stuart H. Cutler and Corinne G. Cutler, his wife v. Newtown Township Zoning Hearing Board and Newtown Township Board of Supervisors. Stuart H. Cutler and Corinne G. Cutler, his wife, Appellants. Commonwealth Court of Pennsylvania.Argued October 8, 1976 December 8, 1976. Zoning — Scope of appellate review — Abuse of discretion — […]

377 A.2d 1020 Mary A. Reed v. The Zoning Hearing Board of West Deer Township. Township of West Deer, Appellant. Commonwealth Court of Pennsylvania.Argued May 6, 1977 September 15, 1977. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Single family dwelling — Mobile home — Strict construction of […]

453 A.2d 76 Stanley A. Clark, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 15, 1982. Unemployment compensation — Credibility — Willful misconduct — Lateness. 1. In unemployment compensation cases, the Unemployment Compensation Board of Review has the power to resolve credibility questions. [376] Page 375 2. […]

569 A.2d 1000 Robert A. BENDAS and Marion T. Bendas, Appellants, v. TOWNSHIP OF WHITE DEER, Commonwealth of Pennsylvania, Merrill C. Perry and Marilyn B. Perry, Appellees. Commonwealth Court of Pennsylvania.Argued November 16, 1989. Decided February 2, 1990. Appeal from the Court of Common Pleas, Union County, No. 67, 1984, James F. McClure, Jr., President […]

786 A.2d 1014 Kevin Cardwell, Petitioner v. Workers’ Compensation Appeal Board (Illumelex Corporation), Respondent. No. 941 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 7, 2001. Filed: November 1, 2001. Reargument Denied En Banc January 8, 2002. Page 1015 Before: Honorable Joseph T. Doyle, President Judge; Honorable Bernard L. Mcginley, Judge; Honorable Joseph F. Mccloskey, Senior Judge. […]

399 A.2d 435 J. L. Turner Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 4, 1978 March 9, 1979. Taxation — Use tax — Burden of proof — Tax Act of 1963 for Education, Act 1956, March 6, P.L. 1228 — Tax Reform Act of 1971, Act 1971, March 4, P.L. […]

400 A.2d 1374 Leonard Tillman, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 8, 1979. Pennsylvania Board of Probation and Parole — Demurrer — Time of preliminary hearing — Time of final revocation hearing — Convicted parole violator — Act of 1941, August 6, P.L. 861 […]

480 A.2d 349 In Re: M. J. S., County of Butler, Appellant. Commonwealth Court of Pennsylvania.Argued March 14, 1984 August 1, 1984. Mental health — Placement under Mental Health and Mental Retardation Act of 1966, Act of October 20, 1966, P.L. 96 — Discretion of county base service unit — Community living arrangements. 1. The […]

687 A.2d 1211 JOHN DEL VALLE, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (PENNSYLVANIA DEPARTMENT OF EDUCATION AND Phico Insurance), Respondents. Commonwealth Court of Pennsylvania.Submitted: December 20, 1996 Filed: January 23, 1997 Appeal from the Workers’ Compensation Appeal Board, A95-4684. John N. Del Valle, petitioner, for himself. Page 1212 Julie M. Pentico, Williamsport, for respondent. Before […]

Alexander HIONIS, General Partner Trading as The A. Hionis Family Limited Partnership, Appellants v. CONCORD TOWNSHIP, Delaware County, Pio’s Son Realty, LLC, General Partner Trading as J’s MVP Realty, L.P., 1100 Baltimore Pike, LLC General Partner, trading as Crossword Center L.P., Brandywine East, LLC General Partner, trading as Brandywine East, L.P. No. 1771 C.D. 2008.Commonwealth […]

403 A.2d 631 Paul E. Kanjorski, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1979 July 9, 1979. Civil service — Good cause for suspension — Civil Service Act, Act 1941, August 5, P.L. 752 — Merit criteria — Expression of bias by referee — Request […]

815 A.2d 15 Citizens for Personal Water Rights by David A. Brooks, Trustee ad Litem and David A. Brooks, individually, Appellants v. Borough of Hughesville No. 276 C. D. 2002.Commonwealth Court of Pennsylvania.Argued: September 10, 2002. Filed: December 11, 2002. Appeal from the Common Pleas Court, Lycoming County, No. 00-01900, Anderson, J. Page 16 Cliff […]

401 A.2d 863 Melvin Lewis, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Pennsylvania Liquor Control Board, Respondents. Commonwealth Court of Pennsylvania.Argued December 8, 1978 May 15, 1979. Workmen’s compensation — Scope of appellate review — Words and phrases — Capricious disregard of competent evidence — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

George GRIGGS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1061 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 2006. Decided February 20, 2007. Page 911 Virginia Murtha Cowley, Wilkes-Barre, for petitioner. John C. Manning, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, COHN JUBELIRER, Judge, […]

938 A.2d 1144 NARBERTH JKST TENNIS CLUB, INC., Appellant v. ZONING HEARING BOARD OF BOROUGH OF NARBERTH and Borough of Narberth. No. 120 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: October 30, 2007. Decided: December 7, 2007. Appeal from the Court of Common Pleas, Montgomery County, No. 05-31223, Del Ricci and Branca, JJ. Denis M. Dunn, Media, […]

383 A.2d 1291 Wendy Levine, Plaintiff v. Commonwealth of Pennsylvania, Defendant. Commonwealth Court of Pennsylvania. March 27, 1978. Sovereign immunity — Constitution of Pennsylvania, Article I, Section 11 — Trespass. 1. Under Article I, Section 11 of the Constitution of Pennsylvania, the Commonwealth is immune from suits in tort. [386] Submitted on briefs, March 2, […]

647 A.2d 971 Charles WELCOME, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs July 22, 1994. Decided September 1, 1994. Appeal from the Court of Common Pleas, Philadelphia County, No. 9310-3676, Avelino, J. Page 246 Stanley J. Ellenberg, for appellant. Timothy P. Wile, Asst. Counsel […]

317 A.2d 904 Peter Tarnoski, Appellant, v. Kanarr Corporation and Pennsylvania Manufacturers’ Association Insurance Co., Insurance Carrier, Appellees. Commonwealth Court of Pennsylvania.Argued January 10, 1974 March 27, 1974. Workmen’s compensation — Limitation of actions — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Misleading conduct — Estoppel — Tolling of […]

496 A.2d 1370 Gregory J. Donaldson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 23, 1985. Unemployment compensation — Good cause — Voluntary termination of employment — Reassignment — Relocation. 1. An employer is entitled to modify the time, place and nature of the job originally assigned […]

743 A.2d 529 ASHTON HALL, INC., d/b/a, ASHTON HALL NURSING AND REHABILITATION CENTER, Petitioners v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 542 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: September 13, 1999. Filed: October 12, 1999. Publication Ordered January 5, 2000. Appeal from the Department of Public Welfare, No. 51J1191-001. Page 530 W. Craig Knaup, for petitioner. […]

405 A.2d 1039 Fletcher B. Fisher and United States Steel Corporation v. Commonwealth of Pennsylvania. United States Steel Corporation, Appellant. Commonwealth Court of Pennsylvania. September 10, 1979. Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Multiple employers — Silicosis — Changes in corporate structure. 1. Provisions of The […]

459 A.2d 80 In Re: Appeal of Thomas Cuono. Thomas Cuono, Appellant. Commonwealth Court of Pennsylvania. May 12, 1983. Submitted on briefs April 4, 1983, to Judges ROGERS, WILLIAMS, JR. and BARBIERI, sitting as a panel of three. Appeal, No. 613 C.D. 1982 from the Order of the Court of Common Pleas of Northampton County […]

785 A.2d 1092 Larry Pitt Associates, P.C. and Larry Pitt, Esquire, Petitioners v. Johnny Butler, individually and in his capacity as Secretary to Department of Labor and Industry of the Commonwealth of Pa. and Richard Thompson, individually individually and in his capacity as Director of the Pennsylvania Bureau of Workers’ Compensation, Respondents. No. 543 M.D. […]

457 A.2d 1348 John H. Tegzes, Appellant v. Township of Bristol, Appellee. Township of Bristol v. John H. Tegzes. Bristol Township Civil Service Commission, Appellant. Township of Bristol, Appellant v. John H. Tegzes, Appellee. Commonwealth Court of Pennsylvania.Argued February 2, 1983 April 13, 1983. Appeals — Standing. 1. A township civil service commission which was […]

Derek James SMAY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 2313 C.D. 2006.Commonwealth Court of Pennsylvania.Argued October 9, 2007. Decided November 9, 2007. Publication Ordered January 8, 2008. Appeal from the Court of Common Pleas, County of Cambria, No. 2006-2115, Creany, J. Page 541 Harold H. Cramer, Asst. Chief […]

725 A.2d 226 Wei CHEM, Petitioner, v. Martin HORN, Secretary, Commonwealth of Pennsylvania, Department of Corrections, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 31, 1998. Decided February 18, 1999. Page 227 Wei Chem, petitioner, pro se. Mark E. Guzzi, Camp Hill, for respondent. Before McGINLEY, J., SMITH, J., and McCLOSKEY, Senior Judge. McCLOSKEY, Senior […]

735 A.2d 742 BLUE MOUNTAIN MUSHROOM COMPANY, INC. Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued: June 14, 1999. Filed: July 27, 1999. Appeal from NO. 3081 C.D. 1998. Page 743 Kurt A. Miller, Pittsburgh, for petitioner. John b. Neurohr, Harrisburg, for respondent. BEFORE: HONORABLE JOSEPH T. DOYLE, Judge, HONORABLE ROCHELLE S. […]

367 A.2d 392 Commonwealth of Pennsylvania, Department of Environmental Resources v. Locust Point Quarries, Inc. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1976 December 1, 1976. Environmental law — Air pollution — Air Pollution Control Act, Act 1960, January 8, P.L. (1959) 2119 — Words and phrases — […]

772 A.2d 99 CM Developers, Inc., Appellant v. Bedminster Township Zoning Hearing Board. No. 1623 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: March 5, 2001. Filed: April 20, 2001. Before: Honorable James Gardner Colins, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph F. Mccloskey, Senior Judge. Page 100 OPINION JUDGE FRIEDMAN CM Developers, Inc. (CM) appeals from […]

410 A.2d 370 John H. Lutzko et al., Plaintiffs v. Mikris, Inc. et al., Defendants. Commonwealth Court of Pennsylvania.Argued March 21, 1979 December 18, 1979. Action — Eminent domain — Drainage from highway — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Condemnee — De facto taking — Negligence — Sovereign immunity — […]

MEADOW LAKES APARTMENTS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SPENCER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 30, 2005. Decided March 10, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A03-2278. Page 215 John P. Meyers, Philadelphia, for petitioner. Jack B. Katz, Philadelphia, for respondent. BEFORE: COLINS, President Judge, and SIMPSON, Judge, and […]

654 A.2d 668 Ray F. LAMBERSON, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (U.S. SILICA, Pennsylvania Glass Sand Corporation, The State Workmen’s Insurance Fund, The Insurance Company of North America), Respondents. PENNSYLVANIA GLASS SAND CORP. and INA/Cigna, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (LAMBERSON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 8, 1994. Decided: February […]

590 A.2d 384 FRATERNAL ORDER OF POLICE LODGE NO. 5, Appellant, v. CITY OF PHILADELPHIA, Willie L. Williams, Orville Jones, George Craig, Eugene Dooley, John McLees, Richard Neal, Raymond Rooney, Thomas Seamon, Thomas Doyle, Dexter Green, Albert Harris, Sylvester Johnson, Alan Lewis, Francis Pryor, Carl Bittenbender, Lawton Connelly, Appellees. Commonwealth Court of Pennsylvania.Argued April 4, […]

MONTGOMERY v. SENECA RESOURCES CORPORATION. No. 2716CD04.Commonwealth Court of Pennsylvania. December 8, 2005. Appeal from McKean County 2004-10550. Decision without published opinion. Affirmed.

642 A.2d 581 TANGLEWOOD LAKES COMMUNITY ASSOCIATION, Appellant, v. PIKE COUNTY BOARD OF ASSESSMENT and Revision of Taxes. Commonwealth Court of Pennsylvania.Argued April 11, 1994. Decided May 18, 1994. Appeal from the Common Pleas Court, Pike County, No. 1508-1992, Gardner, J. Page 171 Scott A. Ruth, for appellant. Stacey Beecher-Chelak, for appellee. Before McGINLEY and […]

514 A.2d 304 Frank Marlowe, Appellant v. Lehigh Township, Appellee. Commonwealth Court of Pennsylvania.Argued May 12, 1986 August 29, 1986. Tort — Causal connection — Medical testimony — Pennsylvania Rule of Civil Procedure 238 — Amendment — Delay damages — Realtors — Confidentiality. 1. In an action for personal injury, if no obvious causal connection […]

597 A.2d 196 Dr. Dennis J. BONNER and Theodora Bonner, husband and wife, Appellants, v. UPPER MAKEFIELD TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued June 10, 1991. Decided August 27, 1991. Reargument Denied October 22, 1991. Appeal from the Common Pleas Court, Bucks County, No. 89-9598-14-5, Edward J. Biester, Jr., J. Page 206 [EDITORS’ NOTE: THIS […]

505 A.2d 355 Bart Green, Petitioner v. Workmen’s Compensation Appeal Board (Ralston Purina Company and Liberty Mutual Insurance Company, Insurance Carrier), Respondents. Commonwealth Court of Pennsylvania. February 19, 1986. Workmen’s compensation — Availability of suitable work — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — […]

BOROUGH OF EBENSBURG, Petitioner v. PREVAILING WAGE APPEALS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued October 18, 2005. Decided February 16, 2006. Page 182 Blair V. Pawlowski, Ebensberg, for petitioner. James A. Holzman, Deputy Chief Counsel, Harrisburg, for respondent. Page 183 BEFORE: LEADBETTER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge. OPINION BY Senior Judge FLAHERTY. […]

362 A.2d 1113 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Charles Buss, Appellant. Commonwealth Court of Pennsylvania.Argued December 5, 1975 August 20, 1976. Unemployment compensation — Legislative intent — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Refusal of accrued leave pay. 1. The Unemployment Compensation Law, Act […]

1 A.3d 988 NORTHWESTERN YOUTH SERVICES, INC., Adelphoi Village, Appalachian Youth Services, Inc., Hermitage House Youth Services, Inc., Pyramid Healthcare, Inc. and Tabor Children’s Services, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE and Office of Children, Youth and Families, Department of Public Welfare, Respondents. No. 386 M.D. 2009.Commonwealth Court of Pennsylvania.Argued May 18, […]

300 A.2d 304 Barr v. B B Camper Sales. Commonwealth Court of Pennsylvania.Argued December 7, 1972 February 7, 1973. Workmen’s compensation — Scope of appellate review — Abuse of discretion — Error of law — Words and phrases — Employe — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Master-servant […]

352 A.2d 223 School District of Pittsburgh v. City of Pittsburgh, James P. Brown, individually and as Zoning Administrator, and Robert Paternoster, individually and as Planning Director. City of Pittsburgh, James P. Brown and Robert Paternoster, Appellants. Commonwealth Court of Pennsylvania.Argued October 28, 1975 February 19, 1976. Schools — Mandamus — Clear legal right — […]

568 A.2d 1362 AT T COMMUNICATIONS OF PENNSYLVANIA, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1989. Decided January 19, 1990. Appeal from the Public Utility Commission, No. C-871302. Page 596 Craig A. Doll, Harrisburg (Kenneth L. Demarest, Jr., of counsel); for petitioner. Patricia Krise Burket, Asst. Counsel, with her, […]

317 A.2d 60 Hubert Knox, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1974 March 28, 1974. Unemployment compensation — Voluntary termination — Burden of proof — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 […]

480 A.2d 1285 Stephen Mosgo, Petitioner v. Workmen’s Compensation Appeal Board (Tri-Area Beverage, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued May 3, 1984 August 1, 1984. Workmen’s compensation — Reservation of rights — Burden of proof — Failure to file proper Notice of Compensation Payable — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, […]

Pamela PIPER, administrator of the estate of Violet Piper, Deceased, and Pamela Piper, Personal representative of Violet Piper, Deceased, and Harvey H. Piper, co-administrator of the estate of Violet Piper, Deceased and Personal representative of Violet Piper, Deceased v. TAX CLAIM BUREAU OF WESTMORELAND COUNTY, Judith A. Corona, and E.L. and Property Appeal of: E.L. […]

305 A.2d 389 Aluminum Company of America v. Unemployment Compensation Board of Review and Thompson, Sr., et al., Intervenors. Commonwealth Court of Pennsylvania.Argued April 4, 1973 June 5, 1973. Unemployment compensation — Strike — Lockout — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Scope of appellate review — Substantial competent […]

603 A.2d 686 Nancy and Neil BAKER, Appellants, v. CITY OF PHILADELPHIA, Philadelphia Housing Authority, Appellees. Nancy and Neil BAKER, Appellants, v. CITY OF PHILADELPHIA and Philadelphia Housing Authority, Appellees. Commonwealth Court of Pennsylvania.Argued November 21, 1991. Decided February 6, 1992. Appeal from the Common Pleas Court, Philadelphia County, No. 6301 September Term, 1986, Samuel […]

Dennis GROCE, National Parks Conservation Association, Group Against Smog and Pollution, and Phil Coleman, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Wellington Development-WVDT-LLC, Respondents. No. 2355 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs March 9, 2007. Decided April 11, 2007. Appeal from the Environmental Hearing Board (EHB), No. 2005-246-R. Page 568 [EDITORS’ NOTE: THIS PAGE […]

949 A.2d 981 Board of Supervisors of Bridgeton Township v. Keller. No. 1098CD07.Commonwealth Court of Pennsylvania. April 4, 2008. Appeal from the Bucks County 2006-08602. Decisions Without Published Opinions Affirmed.

680 A.2d 5 MILLER AND SON PAVING, INC. v. PLUMSTEAD TOWNSHIP, BUCKS COUNTY, Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued February 5, 1996. Decided June 21, 1996. Reargument Denied August 23, 1996. Page 6 Appeal from the Court of Common Pleas, Bucks County, No. 94-00389-22-5, Weaver, J. Terry W. Clemons, for appellant. Stephen B. Harris, for […]

471 A.2d 1323 Nancy S. Pryor, Petitioner v. Workmen’s Compensation Appeal Board (Bell Telephone of Pennsylvania), Respondents. Commonwealth Court of Pennsylvania. March 1, 1984. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Credibility — Medical testimony — Causation. 1. In a workmen’s compensation where the party […]

821 A.2d 676 Pennsylvania National Turf Club, Inc., and Mountainview Thoroughbred Racing Association, Petitioners v. State Horse Racing Commission, Respondent. No. 1362 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 5, 2002. Filed: April 22, 2002. Page 677 Bradley K. Moss, Philadelphia, for petitioners. Jorge M. Augusto, Harrisburg, for respondent. BEFORE: SMITH-RIBNER, Judge; PELLEGRINI, Judge; FLAHERTY, Senior […]

857 A.2d 719 John C. STEIN, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 271 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: May 28, 2004. Decided: September 8, 2004. As Amended: September 10, 2004. Appeal from the Court of Common Pleas, Lehigh County, No. 2003-C-1513, Wallitsch, J. Page 720 Lee […]

359 A.2d 471 Alan Wood Steel Company, Appellant, v. Assunta Carbo, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1975 December 10, 1975. Occupational disease — Incomplete record — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Remand. 1. A case involving a claim for death benefits under The Pennsylvania Occupational Disease […]

472 A.2d 1167 Amy Riebesell, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 5, 1983 March 21, 1984. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Wilful misconduct — Burden of proof — Refusal to work […]

604 A.2d 1149 KIMMEL TOWNSHIP TAXPAYERS ASSOCIATION, an unincorporated association, Appellant, v. CLAYSBURG KIMMEL SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs November 15, 1991. Decided February 26, 1992. Appeal from the Court of Common Pleas, Blair County, No. 3763 C.P. 1991, Hiram A. Carpenter, J. Page 58 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

635 A.2d 675 ENERGY PIPELINE COMPANY, a corporation, Energy Production Company, a corporation, Managing Ventures on behalf of Bessie 8, a Pennsylvania joint venture, and Bethlehem Steel Corporation, a corporation, Petitioners, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION and The Peoples Natural Gas Company, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 15, 1993. Decided December […]

500 A.2d 1232 United States Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 7, 1985. Unemployment compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Indefinite separation — Recall. 1. For purposes of Section 404(d)(ii) of the Unemployment Compensation Law, […]

511 A.2d 247 Richard W. Burgit, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1986 June 4, 1986. Unemployment compensation — Burden of proof — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Equal protection — Estoppel. 1. An unemployment compensation claimant […]

407 A.2d 918 Therese Dott, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 November 8, 1979. Unemployment compensation — Refusal of suitable employment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Registered nurse — Wages — Hours — Refusal to investigate […]

525 A.2d 475 Max L. Williamson and Phyllis C. Williamson, Petitioners v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1986. May 8, 1987. Taxation — Tax Reform Code of 1971, 72 Pa. C. S. § 7301(d) — Business expenses. 1. For purposes of Section 7301(d) of the Tax Reform Code of 1971, […]

334 A.2d 317 Workmen’s Compensation Appeal Board and City of Pittsburgh, Appellees, v. Victor Popatek, Appellant. Commonwealth Court of Pennsylvania.Argued February 7, 1975 March 25, 1975. Workmen’s compensation — Limitation of action — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Misconduct of employer — Confusion of employe. 1. An employer […]

647 A.2d 279 In re Appeal of LESTER M. PRANGE, INC., t/d/b/a Prange’s 222 Service Center from the Decision of the Zoning Hearing Board of Strasburg Township, Lancaster County, Pennsylvania. Appeal of LESTER M. PRANGE, INC., Appellant. Commonwealth Court of Pennsylvania.Argued April 15, 1994. Decided August 17, 1994. Appeal from the Court of Common Pleas, […]

618 A.2d 1175 Thomas DIEHL, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (TASCO INSULATION, INC., Nitro Industrial Covering, Inc., Babich Plumbing, Johns-Manville, Inc., Gailey, Inc., Town and Country Refrigeration, Simakas Brothers Company, Pittsburgh School District, Allegheny Insulation Company, Inc., State Workmen’s Insurance Fund, Pacific Employes, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued October 19, 1992. Decided December […]

823 A.2d 223 Diana Giovagnoli, Petitioner v. Civil Service Commission (Monroe County Children and Youth Services), Respondent. No. 1110 C.D. 2002, 1677 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: December 2, 2002. Filed: May 1, 2003. Page 224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

586 A.2d 485 Jose BECERRA, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LEASEWAY SYSTEMS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 16, 1990. Decided January 25, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-94526. Page 363 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

503 A.2d 506 In the Matter of Revocation of Club Liquor License No. C-1998, Issued to Club 200, Inc. Club 200, Inc., Appellant. Commonwealth Court of Pennsylvania. January 24, 1986. Pennsylvania Liquor Control Board — Revocation of liquor license — Limitation of action — Notice of violation by Board — Liquor Code, Act of April […]

353 A.2d 74 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. George F. Hahn, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1976 March 4, 1976. Motor vehicles — Revocation of motor vehicle operator’s license — Possession of altered registration card — Due process — Hearing — Defect in notice. 1. A […]

461 A.2d 916 In Re: Condemnation of Permanent and Temporary Rights-of-Way and Easements Over, Across and Under Lands of Jere E. Perry and Mary E. Perry, His Wife, In Greene Township, Franklin County, Pennsylvania. Jere E. Perry and Mary E. Perry, His Wife, Appellants. Commonwealth Court of Pennsylvania.Argued May 9, 1983 July 1, 1983. Eminent […]

338 A.2d 695 City of Pittsburgh, Peter F. Flaherty, Mayor and Public Safety Director, and Robert Colville, Superintendent of Police, Appellants, v. William J. Cavanaugh, Walter Gelik and Robert Smolensky, Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1975 June 2, 1975. Labor — Collective bargaining — Arbitration award — Overtime — Change of working conditions […]

312 A.2d 460 United States Steel Corporation, Appellant v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, Appellee, and William Marovich, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1973 November 21, 1973. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Unemployment Compensation Law, […]