Category: Pennsylvania Commonwealth Court Opinions

545 A.2d 452 Windber Hospital, Wheeling Clinic, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1987. August 5, 1988. Medical assistance — Department of Public Welfare Regulation 1163.57 — Myocardial infarction — Coronary artery disease. 1. When it is clear that a patient received proper care for […]

882 A.2d 1 ALLEGIS GROUP (ONSITE) and ITT Hartford, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (HENRY), Respondent. No. 2231 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 11, 2005. Decided: May 16, 2005. Publication Ordered: September 6, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A03-2775. Dennis P. Cullen, Lemoyne, for petitioners. Page 2 […]

411 A.2d 857 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Regis Anthony Klinchock, Appellee. Commonwealth Court of Pennsylvania. February 20, 1980. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Error of law — Abuse of discretion — Point assessment — Effective date of […]

Industrial Realty, Inc. v. County of Fayette. No. 1994CD08.Commonwealth Court of Pennsylvania. May 4, 2009. Appeal from the Fayette County 2279 of 2007 G.D. Decisions Without Published Opinions Reversed and Remanded.

834 A.2d 1225 Jean A. Zielinski, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 933 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: September 5, 2003. Filed: October 30, 2003. Page 1226 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1227 Richard S. McEwen, […]

456 A.2d 715 West Shore Education Association, Appellant v. West Shore School District, Appellee. Commonwealth Court of Pennsylvania.Argued November 17, 1982 March 1, 1983. Labor relations — Arbitration — Uniform Arbitration Act, 42 Pa. C. S. § 7314(a)(v) — Schools — Athletic director — Waiver — Reprimand — Assignment. 1. A labor arbitrator’s decision may […]

657 A.2d 1327 PITTSBURGH GREENTREE MARRIOTT and Home Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (McVAY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 9, 1994. Decided April 17, 1995. Reargument Denied May 30, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A93-2289. Page 1328 Edward C. O’Hearn, for petitioners. Glenn G. Gezovich, […]

450 A.2d 255 Commonwealth ex rel. Ptlm. Bonczek, Appellant v. Walter J. Wagner or Valley Buick, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1982 September 10, 1982. Motor vehicles — Parking restrictions — Notice — Vehicle Code, 75 Pa. C. S. § 6109. 1. Publication of a parking ordinance prohibiting parking on streets of […]

873 A.2d 801 Charles T. KAROTKA, (et al) Mary E. Karotka (Deceased), Appellant v. BUREAU OF WORKERS’ COMPENSATION, et al, and each et al Richard Bordonaro, Esquire, and William W. Schrimpf, Sr., Esquire. Commonwealth Court of Pennsylvania.Submitted on Briefs: March 11, 2005. Decided: April 12, 2005. Reargument Denied En Banc June 7, 2005. Appeal from […]

468 A.2d 900 Robert E. Kerstetter, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 19, 1983. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Fault overpayment — Unemployment — Culpability. 1. Under provisions of the Unemployment Compensation Law, […]

627 A.2d 257 Margaret CASADAY, Appellant, v. CLEARFIELD COUNTY TAX CLAIM BUREAU and Pamela W. Gleichman. Commonwealth Court of Pennsylvania.Submitted on Briefs March 31, 1993. Decided June 18, 1993. Appeal from the Court of Common Pleas, Clearfield County, No. Misc. Docket 10, Page 17, Ammerman, J. Page 318 John C. Achille, for petitioner. Kim C. […]

801 A.2d 1289 Trumbull Corporation, a Pennsylvania corporation v. Boss Construction, Inc., a Pennsylvania corporation, AL, Inc., a Pennsylvania corporation, and Safeco Insurance Company of America Appeal of: AL, Inc. Trumbull Corporation, Appellant v. Boss Construction, Inc., a Pennsylvania corporation, AL, Inc., a Pennsylvania corporation, and Safeco Insurance Company of America. No. 2219 C.D. 2001, […]

377 A.2d 1064 A. F. Willis, d/b/a Penn Distributing Company v. City of Pittsburgh, a Municipal Corporation and The School District of Pittsburgh, an Agency of the Commonwealth and Joseph L. Cosetti, Treasurer of The City of Pittsburgh, and The School District of Pittsburgh. City of Pittsburgh, School District of Pittsburgh and Joseph L. Cosetti, […]

TUITE v. BOROUGH OF WILKINSBURG. No. 1101CD05.Commonwealth Court of Pennsylvania. February 27, 2006. Appeal from Allegheny County, 03-727. Decision without published opinion. Affirmed.

680 A.2d 14 Danny KYTE, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Argued April 17, 1996. Decided July 1, 1996. Appeal from the Pennsylvania Board of Probation and Parole, No. 0078-S. Page 15 Mitchell A. Kaufman, Appellate Counsel, for petitioner. Robert A. Greevy, Chief Counsel, for respondent. Before COLINS, President […]

448 A.2d 662 Dominic Marusco, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Harness Racing Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 11, 1982 July 27, 1982. State Harness Racing Commission — Suspension of trainer’s license — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Violation of constitutional […]

552 A.2d 766 Barbara Ann Gill Ortell, Petitioner v. Commonwealth of Pennsylvania, Crime Victims Compensation Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 21, 1988. January 12, 1989. Crime Victims Compensation Act, Act of April 9, 1929, P.L. 177 — Crime Victims Compensation Board — Scope of appellate review — Administrative agency — Innocence. 1. When […]

850 A.2d 773 Sandra L. Hempfling, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2677 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: March 12, 2004. Filed: May 10, 2004. Page 774 Sandra Hempfling, petitioner, pro se. Nicole M. Bordonaro, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, L. COHN, Judge, FLAHERTY, Senior Judge. OPINION BY Judge COHN. This […]

David CLEARY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant (Seven Cases). Commonwealth Court of Pennsylvania.Submitted on Briefs April 21, 2006. Decided May 23, 2006. Appeal from the Common Pleas Court of the County of Philadelphia, Nos. 741 April Term, 2002; 1286, 1287, 1292, 1294 December Term, 2002; 618, 619 September Term, 2004, Silberstein, J. […]

456 A.2d 1157 Robert E. Maikits, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 10, 1983. Unemployment compensation — Willful misconduct — Rule violation — Good cause. 1. In an unemployment compensation case it is not always necessary to show the violation of a company rule to […]

480 A.2d 1320 Bucks County Housing Development Corporation, Appellant v. Zoning Hearing Board of the Township of Plumstead, et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1984 September 5, 1984. Zoning — Planned residential development — Tentative approval — Vested right — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — […]

427 A.2d 717 Gregory D. Pawelski, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1981. March 31, 1981. Unemployment compensation — Termination of employment — Health problem. 1. A claimant seeking unemployment compensation benefits after termination of employment on account of his health must not only […]

570 A.2d 626 Robert F. CROWELL, Administrator of the Estate of Marc Ethan Crowell, Deceased and Robert F. Crowell and Linda Crowell as plaintiffs in their own right v. CITY OF PHILADELPHIA and Henry B. Lewis and Robert F. Crowell. Appeal of CITY OF PHILADELPHIA, Appellant. Robert F. CROWELL, Administrator of the Estate of Marc […]

550 A.2d 597 Commonwealth of Pennsylvania v. One 1984 Ford Bronco Truck Vehicle I.D. # FMCU14S5EUDO4164. Michael L. Stoe, Appellant. Commonwealth Court of Pennsylvania.Argued September 15, 1988. November 16, 1988. Motor vehicles — Forfeiture of vehicle — The Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233 — Burden of […]

350 A.2d 214 Charles C. Spencer, Appellant v. Board of Supervisors of Earl Township, Appellee. Commonwealth Court of Pennsylvania.Argued December 4, 1975 January 19, 1976. Zoning — Exclusionary zoning — Substantive challenge to zoning ordinance — Statutory procedure — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Petition for rezoning — Judicial […]

284 A.2d 522 Fisher, et al. v. Liquor Control Board. Commonwealth Court of Pennsylvania.Argued November 8, 1971 December 13, 1971. Pennsylvania Liquor Control Board — The Liquor Code, Act 1951, April 12, P. L. 90 — Evidence — Necessity for chemical analysis — Due process — Defense — Guilty knowledge — Intent — Prior violations […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Fike v. Zoning Hearing Board of Silver Spring Township . . . . . . . . 1675CD00 8/9/2001 Cumberland Affirmed County 99-3838 Viol v. Comm., Dept. of Trans., Bureau of Driver Lic . . . . . . […]

564 A.2d 271 CITY OF PHILADELPHIA et al., Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE et al., Respondents. Commonwealth Court of Pennsylvania. Decided: September 18, 1989. Heard September 6, 1989. Page 566 Richard J. Gold, First Deputy City Sol., with him, Guy Vilim, Divisional Deputy City Sol., Doris M. Leisch, Deputy City Sol., […]

612 A.2d 586 Lynn EACHUS v. CHESTER COUNTY TAX CLAIM BUREAU. Appeal of P P Partners, Appellant. Commonwealth Court of Pennsylvania.Argued March 2, 1992. Decided June 24, 1992. Appeal from the Court of Common Pleas, Chester County, No. 87-08593, Leonard Sugerman, President Judge. Page 626 Andrew S. Wade, for appellant. William J. Gallagher, for appellee. […]

799 A.2d 875 Vernal Alston, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 305 M.D. 2000.Commonwealth Court of Pennsylvania.Submitted: May 11, 2001. Filed: May 3, 2002. Page 876 Vernal Alston, petitioner, pro se. Robert A. Greevy, Harrisburg, for respondent. Before: Honorable Joseph T. Doyle, Senior Judge[1] Honorable Doris A. Smith-Ribner, Judge; Honorable Jim […]

VALLEY TOWNSHIP v. CITY OF COATESVILLE, Richard A. Saha, Nancy K. Saha, David M. DenBraven, Linda A. McCreary-DenBraven, Gary A. Hanna, Sr. and Marie Hanna. Appeal of: City of Coatesville. Commonwealth Court of Pennsylvania.Argued February 28, 2006. Decided March 16, 2006. Appeal from the Court of Common Pleas, Chester County, No. 01-09098, Mahon, J. Herbert […]

853 A.2d 409 Maurice Newsuan a/k/a Melvin Harris, Petitioner v. Pennsylvania Department of Corrections, et al., Respondents. No. 14 M.D. 2004.Commonwealth Court of Pennsylvania.Submitted: March 26, 2004. Filed: July 6, 2004. Page 410 Maurice Newsuan, petitioner, pro se. Timothy A. Holmes, Camp Hill, for respondent. BEFORE: FRIEDMAN, Judge; LEADBETTER, Judge; KELLEY, Senior Judge. OPINION BY […]

617 A.2d 93 COMMONWEALTH of Pennsylvania HIGHER EDUCATION ASSISTANCE AGENCY, Petitioner, v. STATE EMPLOYES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided November 16, 1992. Appeal from the State Employes’ Retirement Board (SERB). Page 475 Marilyn Heffley and Beth Silver, for petitioner. Jeffrey B. Clay, for respondent. Before PALLADINO and McGINLEY, JJ., […]

480 A.2d 1298 David Coades, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 9, 1984. Parole — Administrative Agency Law, 2 Pa. C. S. § 704 — Recommitment — Scope of appellate review — Regulations — Revocation hearing — Prison — Conviction — Counsel — Waiver. […]

In Re: CONDEMNATION BY the CITY OF COATESVILLE of certain property and property interests Property: Tax Parcel No. 38-3-25 Valley Station Road Coatesville, PA 19320 Appeal of: Estate of Patricia A. Gregory. In Re: Condemnation by the City of Coatesville of certain property and property interests Property: Tax Parcel No. 38-3-25 Valley Station Road Coatesville, […]

626 A.2d 675 HAZLETON AREA SCHOOL DISTRICT, Appellant, v. Howard O. KRASNOFF, A.I.A. Commonwealth Court of Pennsylvania.Argued November 20, 1992. Decided May 6, 1993. Reargument Denied July 13, 1993. Appeal from the Common Pleas Court, Philadelphia County, 1344 October Term, 1991, Nelson A. Diaz, J. Page 77 David L. Grove, for appellant. Lloyd George Parry, […]

316 A.2d 141 John E. Lindenmuth, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued December 6, 1973 March 4, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Refusal of breath test — […]

Commonwealth Court of Pennsylvania. Lachina DrapeIy Company Inc. v. Dollar Bank, FSB .. 2792CD94 4/28/95 Allegheny County Affirmed GD 94-11866 Koynok v. Estate of Koynok ………… 2595CD94 4/28/95 Allegheny County Affirmed Page 1007

457 A.2d 597 Port Authority of Allegheny County, Petitioner v. Workmen’s Compensation Appeal Board (Ellis L. Allen), Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1982 March 21, 1983. Workmen’s compensation — Burden of proof — Referee — Scope of appellate review. 1. In a workmen’s compensation proceeding the claimant has the burden of establishing the […]

954 A.2d 57 In the Matter of OPENING a PRIVATE ROAD FOR the BENEFIT OF Timothy P. O’REILLY Over Lands of (a) Hickory on the Green Homeowners Association, and (b) Mary Lou Sorbara; Gregory E. Burgunder; Ann E. Cain; Don E. Cottrill Norma J. Cottrill, h/w; Joseph K. Cupples; Bart V. Delcimmuto; James D. Dragoo […]

415 A.2d 957 St. Joseph Hospital, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Donna K. Stokes, Respondents. Commonwealth Court of Pennsylvania.Argued June 2, 1980 June 20, 1980. Workmen’s compensation — Burden of proof — Availability of work. 1. Where specific jobs are offered to satisfy an employer’s burden of proof on the […]

707 A.2d 584 FRANK FRANCISCO, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PATTERSON-KELLEY CO.), Respondent. PATTERSON-KELLEY COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FRANCISCO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 24, 1997. Decided February 5, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-4422. Page 585 Ronald J. Mishkin, Stroudsburg, for Petitioner. James […]

436 A.2d 1228 Philadelphia Federation of Teachers, Local No. 3 et al., Appellants v. Arthur W. Thomas et al., Appellees. Philadelphia Federation of Teachers, Local No. 3, AFT, AFL-CIO, Appellant v. Board of Education of the School District of Philadelphia, et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 19, 1981 October 27, 1981. Public employees […]

446 A.2d 1365 In the Matter of Arbitration Between the City of Pittsburgh and American Federation of State, County and Municipal Employees, District Council 84, Local No. 2719. City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued May 3, 1982 June 30, 1982. Labor — Arbitration — Jurisdiction — Collective bargaining agreement — Civil service remedy […]

507 A.2d 902 Thomas Hartwell, Petitioner v. Workmen’s Compensation Appeal Board (McLean Trucking Co.), Respondents. Thomas Yesovich, Petitioner v. Workmen’s Compensation Appeal Board (McLean Trucking Co.), Respondents. Walter Gurgacz, Jr., Petitioner v. Workmen’s Compensation Appeal Board (McLean Trucking Co.), Respondents. Commonwealth Court of Pennsylvania.Argued March 10, 1986 April 9, 1986. Workmen’s compensation — Credit — […]

966 A.2d 1204 ARIPPA, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. No. 1198 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: December 10, 2008. Decided: March 3, 2009. Page 1205 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1206 Michael L. Swindler, Harrisburg, for petitioner. […]

322 A.2d 403 Calcite Quarry Corporation and Pennsylvania Manufacturers’ Association Insurance Co., Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and John Z. Fry, Appellees. Commonwealth Court of Pennsylvania.Argued March 7, 1974 July 18, 1974. Workmen’s compensation — Sufficient evidence — Stipulation — Recollection of referee — Accident — Unusual strain doctrine — Unusual working […]

810 A.2d 718 Montessori Regional Charter School, Appellant v. Millcreek Township School District and City of Erie School District. No. 108 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: October 7, 2002. Filed: November 18, 2002. Appeal from the Court of Common Pleas, Erie County, No. 13765-2001, Domitrovich, J. Page 719 Thomas A. Pendleton, Erie, for appellant. Jennifer […]

465 A.2d 91 Theresa Sica and J. J. White, Inc., Appellants v. City of Philadelphia et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1983 September 9, 1983. Res judicata — Taxpayer’s representative suit — Public contract — Notice — Class action. 1. A judgment in a taxpayer’s representative suit concerning the award of a […]

506 A.2d 517 Daniel Burgos Santiago, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 19, 1986. Parole — Revocation — Counsel — Frivolous appeal — Ineffective counsel — Withdrawal — Substitute counsel. 1. Once counsel in a parole revocation appeal has concluded after a full examination […]

518 A.2d 871 The First National Bank of Maryland, Petitioner v. Commonwealth of Pennsylvania Insurance Department et al., Respondents. Commonwealth Court of Pennsylvania. December 2, 1986. Insurance — Duties of Commissioner — The Insurance Department Act of 1921, Act of May 17, 1921, P.L. 789 — Mandamus — Clear legal right. 1. Mandamus will only […]

646 A.2d 1268 Zufran BERHANE, Appellant, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellee. Commonwealth Court of Pennsylvania.Argued November 19, 1992 Decided July 21, 1994. Reargument Denied September 30, 1994. Appeal from the Court of Common Pleas, Philadelphia County, No. 4862 September Term, 1986, Sheppard, Jr., J. Page 197 William T. Simms, III, for appellant. Joan Z. […]

434 A.2d 239 Union City Area School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Thomas Fortin et al., Intervenors. Commonwealth Court of Pennsylvania.Argued June 1, 1981 September 1, 1981. Unemployment compensation — Work stoppage — Status quo — Collective bargaining agreement — Schools — Wages. 1. In an unemployment compensation […]

448 A.2d 692 Henry Woodruff and Dorothy Woodruff, Appellants v. Township of Lower Southampton, Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1982 August 6, 1982. Contempt — Junkyards — Judicial Code, Act of July 9, 1976, P.L. 586 — Criminal contempt — Civil contempt — Appellate review. 1. Sanctions are properly imposed by a court […]

Our Lady of Assumption Roman Catholic Church/Parish/Archdiocese of Philadelphia v. Tredyffrin/Easttown School District. No. 1135CD08.Commonwealth Court of Pennsylvania. March 26, 2009. Appeal from the Chester County 07-04846. Decisions Without Published Opinions Affirmed.

284 A.2d 313 Stitt v. Consolidated Gas Supply Corporation. Commonwealth Court of Pennsylvania.Argued October 21, 1971 December 6, 1971. Eminent domain — Amendment of description — New taking. 1. In an eminent domain proceeding, an amendment to a stipulated description of the property taken, correcting a misdescription to reflect the true location of the actual […]

714 A.2d 1140 Henry HOWZE, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (GENERAL ELECTRIC COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 1, 1998. Decided July 10, 1998. Appeal from Workers’ Compensation Appeal Board, No. A96-1212. Page 1141 Lawrence R. Chaban, Washington, for petitioner. Harry K. Thomas ans Timothy M. Zieziula, Erie, for respondent. Before […]

580 A.2d 457 Thelma CHANDLER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 28, 1990. Decided September 19, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-279863. Page 215 Paul A. Lockrey, Philadelphia, for petitioner. James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy […]

460 A.2d 880 Loretta Cottone et al., Appellants v. Janet Kulis et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 2, 1983 June 1, 1983. Municipalities — Construction of Home Rule Charter — Referendum petition — Duty of City Clerk — Capital program — Water facility. Page 523 1. Principles of statutory construction require that a […]

502 A.2d 776 Norman O. Aamodt and Marjorie M. Aamodt, Petitioners v. Commonwealth of Pennsylvania, Department of Health, Respondent. Commonwealth Court of Pennsylvania. January 6, 1986. Public information — Act of June 21, 1957, P.L. 390 — Raw interview data — Promise of confidentiality — Collaboration. 1. Raw data containing individual identifiable data from interviews […]

705 A.2d 1368 Jean ZEPPI, Petitioner v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued December 11, 1997. Decided January 26, 1998. Appeal from the Board of Claims, No. FC-1105-96. Pasco L. Schiavo, Hazelton, for petitioner. Micheal C. Barrett, Harrisburg, for respondent. Before SMITH and KELLEY, JJ., and MIRARCHI, Jr., Senior Judge. KELLEY, Judge. Jean […]

751 A.2d 260 JULIAN HEICKLEN Petitioner v. PENNSYLVANIA BOARD OF ELECTIONS, Respondent. No. 111 M.D. 2000.Commonwealth Court of Pennsylvania.Argued March 10, 2000 Filed March 10, 2000 Publication Ordered May 15, 2000. Appeal from the Board of Elections. Page 261 Julian Heicklen, petitioner, pro se. Lisa W. Basial, Deputy Atty. Gen., Harrisburg, for respondent. WARREN G. […]

485 A.2d 890 Mark B. Aronson, Appellant v. The City of Pittsburgh, School District of Pittsburgh, and Ronald C. Schmeiser, Director, The City of Pittsburgh and School District of Pittsburgh, Appellees. Mark B. Aronson, Appellant v. The City of Pittsburgh, School District of Pittsburgh, and Ronald C. Schmeiser, Director, The City of Pittsburgh and School […]

500 A.2d 1282 Joseph Synoski, Angelo Spadell and Joseph Belusko, Appellants v. Hazle Township, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1985 November 26, 1985. Municipalities — Second Class Township Code, Act of May 1, 1933, P.L. 103 — Scope of appellate review — Roadmasters — Auditors — Collective bargaining. 1. In actions brought under […]

512 A.2d 749 Charles Thomas Reilly, Petitioner v. Workmen’s Compensation Appeal Board (General Electric Company), Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1985 July 3, 1986. Workmen’s compensation — Unlawful settlement — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Subrogation. 1. An agreement purporting to effect a settlement which […]

316 A.2d 685 Calvin Williams and Joseph McNeil, Plaintiffs, v. Commonwealth of Pennsylvania, Department of Labor and Industry, and Department of Health, Defendants. Commonwealth Court of Pennsylvania.Argued December 3, 1973 March 5, 1974. Sovereign immunity — Trespass — Administrative Code, Act 1929, April 9, P. L. 177 — Health of Commonwealth employes — Governmental agencies […]

1 A.3d 929 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, of the Commonwealth of Pennsylvania, Petitioner v. OFFICE OF OPEN RECORDS, Respondent. Office of the Budget, Petitioner v. Office of Open Records, Respondent. Department of General Services, Petitioner v. Office of Open Records, Respondent. Commonwealth Court of Pennsylvania. Nos. 1165 C.D. 2009, 1209 C.D. 2009, 1557 […]

674 A.2d 767 Paul LEONARD, a minor, by Ronald LEONARD, his guardian; Ronald Leonard and Michelle Leonard, Appellants v. FOX CHAPEL AREA SCHOOL DISTRICT. Commonwealth Court of Pennsylvania.Argued March 12, 1996. Decided April 11, 1996. Appeal from the Court of Common Pleas of Allegheny County, No. G.D.93 14633, Melvin, J. Page 768 G. Clinton kelley, […]

Saul v. Zoning Hearing Board of Radnor Township. No. 2269CD07.Commonwealth Court of Pennsylvania. August 15, 2008. Delaware County 02-3566. Affirmed.

272 A.2d 1283 In Re: Appeal of Revocation of Restaurant Liquor License — John Sapia, My-Oh-My Bar. John Sapia, My-Oh-My Bar, Appellant. Commonwealth Court of Pennsylvania.Argued February 3, 1978 March 20, 1978. Pennsylvania Liquor Control Board — Lewd, immoral or improper entertainment — Liquor Code, Act 1951, April 12, P.L. 90 — Sufficient evidence — […]

447 A.2d 1111 Floyd A. Clemens and Ella Mae H. Clemens, his wife, Appellants v. Philadelphia Electric Company, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1982 July 28, 1982. Argued June 7, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three. Appeal, No. 1196 C.D. 1981, from the Order of the […]

396 A.2d 74 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Brock’s Cafe, Inc., Appellee. Commonwealth Court of Pennsylvania. January 9, 1979. Liquor — Suspension of liquor license — Findings of fact — New findings — Considering prior violation in assessing penalty — Correcting unsanitary conditions. 1. Action by the Pennsylvania Liquor Control Board […]

631 A.2d 822 Louis TURANO and Catherine Defalco Turano v. Robert HUNT, James M. Reilly, the Borough of Jermyn, and the Police Department of the Borough of Jermyn, Appeal of Louis TURANO, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs March 30, 1993. Decided September 8, 1993. Appeal from the Court of Common Pleas, Lackawanna County, […]

476 A.2d 996 Dennis O. Caldwell, Petitioner v. Clearfield County Children and Youth Services, Respondent. Commonwealth Court of Pennsylvania. June 4, 1984. Civil service — Due process — Adjudication — Credibility — Transcript. 1. Due process in a civil service case does not require that all the commissioners rendering a decision be present at the […]

329 A.2d 874 The Crary Home and C. J. Crary, et ux., Appellants, v. Joseph DeFrees, et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 8, 1974 December 17, 1974. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Permitted use — Legislative intent — Statutory construction — Specific language […]

740 A.2d 294 EDWARD BOYER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FIRST CAPITAL INSULATION, INC.), Respondent Commonwealth Court of Pennsylvania.Submitted: September 17, 1999 Filed: November 3, 1999 Page 295 Ronald L. Calhoon, Harrisburg, for petitioner. Michael E. McGrath, Camp Hill, for respondent. Before: PELLEGRINI, J., FRIEDMAN, J., and RODGERS, Senior Judge. SENIOR JUDGE RODGERS. Edward […]

596 A.2d 1156 Philip R. DETWILER and Babette Detwiler, Appellants, v. ZONING HEARING BOARD OF LOWER SALFORD TOWNSHIP and Lower Salford Township and Donald G. Miller and Mary P. Miller, Appellees. Commonwealth Court of Pennsylvania.Argued March 8, 1991. Decided August 8, 1991. Appeal from the Common Pleas Court, Montgomery County, No. 89-11408, Maurino J. Rossanese, […]

328 A.2d 539 Wills Eye Hospital and Albert Einstein Medical Center and Temple University of the Commonwealth System of Higher Education, Appellants, v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellee, and Philadelphia Association of Interns and Residents, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued April 3, 1974 November 4, 1974. Labor — Employment — Pennsylvania […]

387 A.2d 1023 Susan E. Cawley, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1978 July 6, 1978. Unemployment compensation — Able and available for suitable employment — Summer unemployment of teacher — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Emergency Jobs […]

743 A.2d 539 RONALD W. KIPPS, Appellant v. SUSQUEHANNA COUNTY BOARD OF ASSESSMENT. Commonwealth Court of Pennsylvania. No. 2109 C.D. 1999.Argued: December 9, 1999. Filed: December 28, 1999. Appeal from the Court of Common Pleas, Susquehanna County, No. 1999-87, C.P., Seamans, President Judge. Michael T. Baker, for appellant. Michael J. Giangrieco, for appellee. Before: Honorable […]

730 A.2d 1039 WILLIAM H. O’ROURKE, Petitioner v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, MARTIN F. HORN, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DAVID H. LARKINS, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION-DALLAS, THOMAS STACHELEK, DEPUTY SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT DALLAS, CAPTAIN THOMAS MARTIN, JOHN DOCKNOVITCH, MARK RAPSON, AND SAMUEL ZAMBETO, Respondents. No. 71 M.D. 1997.Commonwealth Court of Pennsylvania.Argued April […]

683 A.2d 329 John S. PRASKAC, et al., Petitioners, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued May 13, 1996. Decided September 23, 1996. Appeal from the Unemployment Compensation Board of Review orders, B-339490 to 339493 and B-339574 to 339591. Page 330 John Stember, for Petitioners. Norina K.S. Stone, Assistant Counsel, for […]

496 A.2d 1364 Henry Paul Cadillac, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Stephens), Respondents. Commonwealth Court of Pennsylvania.Argued June 4, 1985 August 23, 1985. Workmen’s compensation — Reasonable contest — Medical examination — Medical testimony. 1. The determination of whether the employer’s contest of a workmen’s compensation claim is reasonably based is a question […]

434 A.2d 228 North Penn Transfer, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Sandra Michalovicz, w/o Steven et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 1, 1981 August 28, 1981. Workmen’s compensation — Burden of proof — Scope of appellate review — Employer-employee relationship — Agency. 1. The claimant in a fatal […]

472 A.2d 752 Joseph Finney, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 20, 1984. Unemployment compensation — Timeliness of appeal — Ignorance of the law. 1. Ignorance of the law does not excuse a party from compliance with statutory requirements that an unemployment compensation appeal be […]

728 A.2d 1043 CITY OF PHILADELPHIA, Appellant v. FRATERNAL ORDER OF POLICE LODGE NO. 5 Commonwealth Court of Pennsylvania.Argued: March 12, 1999. Filed: April 29, 1999. Appeal from the Court of Common Pleas, Philadelphia County, No. 162 July Term 1998, Dembe, J. Page 1044 Mark J. Foley, Philadelphia, for appellant. Thomas H. Kohn, Philadelphia, for […]

666 A.2d 391 MILLER DEVELOPMENT CORP. and AARON B. PEACHEY, an individual, d/b/a v. NEHEMIAH PARTNERSHIP, Appellants UNION TOWNSHIP MUNICIPAL AUTHORITY and MUNICIPAL AUTHORITY OF THE BOROUGH OF LEWISTOWN. Commonwealth Court of Pennsylvania.Argued September 11, 1995. Decided October 18, 1995. Appeal from the Common Pleas Court, Mifflin County, No. 585 of 1994, Searer, President Judge. […]

689 A.2d 374 HIGHRIDGE WATER AUTHORITY, Appellant, v. LOWER INDIANA COUNTY MUNICIPAL AUTHORITY and Central Indiana County Water Authority. Commonwealth Court of Pennsylvania.Argued November 22, 1996. Decided February 20, 1997. Page 375 Appeal from the Court Common Pleas, Indiana County, No. 15 EQ 1993, MARTIN, J. Joseph M. Ramirez, Pittsburgh, for appellant. Michael J. Supinka, […]

288 A.2d 564 Thatch v. Superior Zinc Company, et al. Commonwealth Court of Pennsylvania.Argued February 10, 1972 March 6, 1972. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Final receipt — Mistake of fact — Pleadings — Findings of fact — Remand — Appealable order — Interlocutory […]

427 A.2d 1289 Barbara Resnick, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Temple University — of the Commonwealth System of Higher Education, Intervenor. Commonwealth Court of Pennsylvania.Argued March 2, 1981 April 14, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — […]

349 A.2d 787 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Patricia Shrump, Appellant. Commonwealth Court of Pennsylvania.Argued October 30, 1975 December 29, 1975. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Inferences — Burden of proof — Availability — Medical […]

621 A.2d 1184 CITY OF BETHLEHEM, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1992. Decided February 19, 1993. Reargument Denied April 21, 1993. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-C-91-15-E. Page 545 Edward H. Feege, for petitioner. James L. Crawford and Timothy Tietze, for respondent. Anthony […]

520 A.2d 85 Rodolfo Reyes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 14, 1987. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Health problems — Scope of appellate review — Violation of constitutional rights — Error of law — Findings […]

692 A.2d 246 NINE PENN CENTER ASSOCIATES, Appellant v. TAX REVIEW BOARD OF THE CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued February 6, 1997. Decided February 28, 1997. Reargument Denied May 2, 1997. Appeal from the Common Pleas court, County of Philadelphia, No. 9509-0019 September Term, 1995 Levin, J. Page 247 Michael P. Weinstein, Philadelphia, […]

668 A.2d 272 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant, v. Renee DUNHAM. Commonwealth Court of Pennsylvania.Argued October 13, 1995. Decided December 7, 1995. Appeal from the Court of Common Pleas of Philadelphia County, No. 778 April Term, 1994, O’Keefe, J. Page 273 Joan A. Zubras, for appellant. Stephen E. Farber, for appellee. Before COLINS, President Judge, […]

403 A.2d 1073 Julius Horvath, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1979 July 25, 1979. Unemployment compensation — Due process — Duty of referee — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Wilful misconduct — Absenteeism — Violation of rules. […]

668 A.2d 590 Keith M. SCOTT, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND Parole, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 28, 1995. Decided November 30, 1995. Appeal from the Commonwealth Court, No. 3093 C.D. 1994, Kelley, J. Page 591 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]