Category: Pennsylvania Commonwealth Court Opinions

280 A.2d 463 Pittsburgh v. Cities Service Oil Company. Commonwealth Court of Pennsylvania.Argued June 2, 1971 August 3, 1971. Taxation — Mercantile license tax — Act 1947, June 20, P. L. 745 — Nature of taxable entity — Statute of limitations — Tax refunds — Interest. 1. A mercantile license tax assessed under the Act […]

423 A.2d 1087 The School District of Pittsburgh et al., Appellants v. Robert and Alexis Rankin, Minors, by Amanda Rankin, their mother et al., Appellees. Robert and Alexis Rankin, Minors, by Amanda Rankin, their mother et al., Appellants v. The School District of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 18, 1980 December […]

393 A.2d 43 Alice Wallace, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1977 October 31, 1978. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Domestic reasons — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Constitution […]

789 A.2d 862 George Venesky, Petitioner v. Thomas J. Ridge, individually and in his capacity as Governor, Respondent. No. 398 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: December 5, 2001. Filed: January 8, 2002. Page 863 Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Bernard L. Mcginley, Judge; Honorable Doris A. Smith, […]

819 A.2d 189 Mark Ed Dunn v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 423 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: November 22, 2002. Filed: March 19, 2003. Appeal from the Court of Common Pleas, Allegheny County, SA 364 and 690 of 2001, Kelly, J. Page 190 Terrance M. Edwards and […]

In re Lower Providence Township. No. 980CD10.Commonwealth Court of Pennsylvania. March 3, 2011. Appeal from the Montgomery County 2010-02677. Commonwealth Court of Pennsylvania Decisions Without Published opinions Remanded.

720 A.2d 787 Thomas RISSI, Petitioner, v. WORKER’S COMPENSATION APPEAL BOARD (TONY DePAUL SON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 31, 1998. Decided October 8, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A97-0086. Page 788 Dale G. Larrimore, Philadelphia, for petitioner. Martin S. Coleman, Philadelphia, for respondent. Before FLAHERTY and LEADBETTER, […]

649 A.2d 177 Karyl L. MOSER and Robert E. Moser, h/w, Appellants, v. Dr. Landis C. HEISTAND, M.D., and Ashland State General Hospital and Commonwealth of Pennsylvania, Department of Public Welfare, and Ashland Regional Medical Center. Commonwealth Court of Pennsylvania.Argued December 13, 1993 Decided October 14, 1994. Petition for Allowance of Appeal Granted April 7, […]

339 A.2d 180 Myra Blaine v. Wallenpaupack Area School District, Appellant. Commonwealth Court of Pennsylvania.Argued April 2, 1975 May 30, 1975. Taxation — Compensation of tax collector — Local Tax Collection Law, Act 1945, May 25, P.L. 1050 — Legislative intent — Notice of compensation — Change in compensation of elected official — Expiration of […]

518 A.2d 1305 Angel L. Ortiz, Petitioner v. Workmen’s Compensation Appeal Board (Fair Tex Mills, Inc.), Respondents. Commonwealth Court of Pennsylvania. December 18, 1986. Workmen’s compensation termination petition — Burden of proof — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Credibility […]

858 A.2d 151 VOLKSWAGON OF AMERICA, INC., and State Workers’ Insurance Fund, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (BENNETT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 2, 2004. Decided September 9, 2004. Appeal from the Workers’ Compensation Appeal Board, No. A02-2196. Page 152 Brian Samuel Malkin, Wexford, for petitioners. John M. Purcell, Uniontown, for […]

468 A.2d 1156 Medicenter Hospital, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1983 December 2, 1983. Department of Public Welfare — Medical assistance — Regulations — Rental expense reimbursement ceiling — State authority — Equal protection. 1. An administrative agency’s interpretation of its own regulation is […]

452 A.2d 294 Clyde Altemose, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Effort Foundry, Inc., Intervenor. Commonwealth Court of Pennsylvania. November 12, 1982. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellate review — Resignation — Dissatisfaction with work […]

437 A.2d 468 American Federation of State, County and Municipal Employees, District Council 84, AFL-CIO, by Guardian ad Litem, Vincent O’Brien, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1981 November 23, 1981. Labor — Court employes — Collective bargaining — Supervision — Financial conditions of employment […]

367 A.2d 399 In Re: Cary S. Giles, Appeal From the Findings of the Marple Newtown School District Board of Directors. Marple Newtown School District Board of Directors, Appellant. Commonwealth Court of Pennsylvania.Argued October 4, 1976 December 20, 1976. Schools — Expulsion of a student — Local Agency Law, Act 1968, December 2, P.L. 1133 […]

Isley v. Wilson. No. 361CD06.Commonwealth Court of Pennsylvania. January 12, 2007. Appeal from the Fayette County CP-26-MD-0000-12-2006. Decisions Without Published Opinions Transferred to Superior Court.

533 A.2d 202 Twining Services Corp., and Frank Kelly and Elizabeth Kelly, t/a Twining Village Associates, Appellants v. Northampton, Bucks County Municipal Authority, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1987. November 13, 1987. Argued June 8, 1987, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three. Appeal, No. […]

304 A.2d 520 McClellan, et ux. v. Zoning Hearing Board. Commonwealth Court of Pennsylvania.Argued March 5, 1973 May 9, 1973. Zoning — Appeal — Insufficient record — Ordinance — Stenographic record — Necessity for written findings — Remand. 1. When the record on appeal to the Commonwealth Court of Pennsylvania in a zoning case does […]

339 A.2d 835 Commonwealth of Pennsylvania ex rel. James R. Johnston, Plaintiff, v. The Pennsylvania Board of Probation and Parole, Defendant. Commonwealth Court of Pennsylvania.Argued May 7, 1975 June 27, 1975. Criminal law — Preliminary objections — Youthful offenders — Act of 1887, April 28, P.L. 63 — Maximum sentence — Commitment to Camp Hill […]

492 A.2d 474 City of Pittsburgh, a municipal corporation, Appellant v. Jules Melograne, t/a Eppy’s Parking Lot, Appellee. Commonwealth Court of Pennsylvania.Argued March 13, 1985 May 14, 1985. Taxation — Refunds — Mandamus — Scope of appellate review — Abuse of discretion — Error of law — Refund Enabling Act, Act of May 21, 1943, […]

423 A.2d 442 Condemnation of the Land and Property of G. William and Lillian E. Jacobs, Etc. G. William Jacobs and Lillian E. Jacobs, Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1980 December 5, 1980. Eminent domain — De facto taking — Trespass — Negligent acts. 1. In order for a condemnee to prove that […]

435 A.2d 295 Meredith M. Naugle, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Penn Machine Company, Respondents. Commonwealth Court of Pennsylvania.Argued September 17, 1981 October 7, 1981. Workmen’s compensation — Employer’s premises — Parking lot. 1. Where a workmen’s compensation claimant is not actually working at the time of a fall, his […]

597 A.2d 1254 Nula McGOLDRICK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ACME MARKETS, INC. and Kemper Insurance Co.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 21, 1990. Decided September 30, 1991. As Amended November 25, 1991. Reargument Denied January 10, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A-89101. Page 559 [EDITORS’ NOTE: […]

624 A.2d 802 ALLEGHENY INTERMEDIATE UNIT #3 EDUCATION ASSOCIATION v. NORTH HILLS SCHOOL DISTRICT, Appellant. ALLEGHENY INTERMEDIATE UNIT #3 EDUCATION ASSOCIATION v. NORTH ALLEGHENY SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued March 3, 1993. Decided April 22, 1993. Appeal from the Common Pleas Court, Allegheny County, Nos. GD92-12521, GD92-13090 and GD92-13091, Judith L.A. Friedman, J. […]

731 A.2d 223 COUNTY OF SCHUYLKILL, Appellant v. E J DISMANTLING COMPANY. NO. 2896 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: April 12, 1999. Decided: May 21, 1999. Appealed Commonwealth Court , Schuylkill County, McGinley, J. Page 224 Mary Kay Bernosky, Pottsville, for appellant. Michael J. Fiorillo, Pottsville, for appellee. Before McGINLEY, J., FLAHERTY, J., and JIULIANTE, […]

742 A.2d 1162 OFFICE OF ATTORNEY GENERAL, COMMONWEALTH OF PENNSYLVANIA and ATTORNEY GENERAL MICHAEL FISHER, Petitioners v. COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, AFL-CIO, Respondent. No. 1665 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: October 4, 1999. Decided: November 9, 1999. Reargument Denied January 20, 2000. Karl A. Fritton, Philadelphia, for petitioner. Alaine S. […]

617 A.2d 830 Debra PHILLIS, Appellant, v. BOARD OF SCHOOL DIRECTORS OF MECHANICSBURG AREA SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided November 17, 1992. Reargument Denied January 11, 1993. Appeal from the Court of Common Pleas, Cumberland County, No. 3220 Civil 1990, Kevin A. Hess, J. Page 498 [EDITORS’ NOTE: THIS […]

786 A.2d 1054 Sam Richcreek, Petitioner v. Workers’ Compensation Appeal Board (York International Corp.), Respondent. No. 701 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 10, 2001. Filed: November 15, 2001. Page 1055 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION SENIOR JUDGE FLAHERTY Sam Richcreek (Claimant) petitions for […]

563 A.2d 543 Donald F. BARTELME, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs: May 18, 1988. Decided: December 2, 1988. Publication Ordered August 18, 1989. Appeal from the Court of Common Pleas, Allegheny County, Robert A. Doyle, J. Page 249 Thomas G. Eddy, Eddy Osterman, Pittsburgh, for […]

552 A.2d 748 Housing Authority of the City of Pittsburgh, Appellant v. Charlene D. Green, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1988. January 10, 1989. Housing — Demurrer — Ejectment — Landlord-tenant relations — Preliminary objections. 1. A demurrer can be sustained only in cases that clearly fail to state a claim upon which […]

880 A.2d 54 H. William DeWEESE, House Minority Leader and Member of the House Rules Committee, and Mike Veon, Democratic Whip of the House of Representatives, Petitioners v. Honorable C. Michael WEAVER Secretary of the Commonwealth of Pennsylvania, Respondent. No. 567 M.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 5, 2005. Filed: July 26, 2005. Page 55 […]

458 A.2d 626 Pennsylvania Electric Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 April 5, 1983. Unemployment compensation — Voluntary termination of employment — Sick leave — Pregnancy — Burden of proof — Suitable work — Seniority — Insurance — Holiday, vacation and sick […]

376 A.2d 305 Katamoonchink Corporation v. Board of Supervisors of West Whiteland Township. (2 Cases) Commonwealth Court of Pennsylvania.Argued June 7, 1977 August 10, 1977. Zoning — Appeals — Remand — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 — Local court rules — Misdocketing by prothonotary — Findings of zoning […]

575 A.2d 661 Victor F. NOVAK and Thelma Novak, his wife, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1990. Decided May 18, 1990. Appeal from the Board of Property, No. BP-89-02. Page 221 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

538 A.2d 992 Susan A. Cressman, Appellant v. Commonwealth of Pennsylvania, Department of Transportation and L. Christine Stafford, Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1987. March 10, 1988. Tort — Immunity of Department of Transportation — Judicial Code, 42 Pa, C. S. § 8522 — Potholes — Notice — Exclusion of evidence — Relevance. […]

500 A.2d 506 John Seng, Petitioner v. Workmen’s Compensation Appeal Board (Branch Motor Express), Respondents. Commonwealth Court of Pennsylvania.Argued September 9, 1985 November 12, 1985. Workmen’s compensation — Disability — Burden of proof. 1. Total disability payments cannot be awarded for partial disability, and a workmen’s compensation referee may not properly Page 620 adjudicate what […]

558 A.2d 138 Joseph F. Maher, Petitioner v. Workmen’s Compensation Appeal Board (B.P. Oil Corporation), Respondents. Commonwealth Court of Pennsylvania.Argued December 14, 1988. April 26, 1989. Workers’ compensation — Asbestosis — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Burden of proof — Date of exposure — Causation — Presumption. […]

812 A.2d 728 Wendy Gloffke, Appellant v. Melvin Robinson and Lehigh and Northampton Transportation Authority, a/k/a Lanta, n/k/a Lanta-Metro. No. 249 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: July 10, 2002. Filed: September 5, 2002. Appeal from the Court of Common Pleas, Lehigh County, No. 1999-C-2727, Brenner, J. Page 729 Richard J. Orloski, Allentown, for appellant. Richard […]

489 A.2d 315 Nancy V. Gray, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 20, 1985. Unemployment compensation — Voluntary termination of employment — Necessitous and compelling cause — Shareable regular benefits — Part-time earnings. 1. An unemployment compensation claimant who has voluntarily terminated part-time employment without […]

516 A.2d 114 Larry Howard, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 17, 1986. Pennsylvania Board of Probation and Parole — Computation of sentence — Improper party. 1. The Pennsylvania Board of Probation and Parole which had no involvement in the computation of a sentence […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Doherty.[7] No. 901CD06.Commonwealth Court of Pennsylvania. December 29, 2006. [7] Reconsideration and or Reargument en banc Denied February 21, 2007. Appeal from the Chester County 05-10388. Decisions Without Published Opinions Reversed.

Charles A. TRIMMER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MONAGHAN TOWNSHIP), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 13, 2005. Decided December 21, 2005. Page 142 Gregory R. Reed, Harrisburg, for petitioner. Christina L. Bradley, Harrisburg, for respondent. BEFORE: SMITH-RIBNER, Judge, PELLEGRINI, Judge, and COHN JUBELIRER, Judge. OPINION BY Judge SMITH-RIBNER. Charles A. Trimmer […]

557 A.2d 1157 George F. Egner, and North Hotel Realty Co., t/a Sheraton Inn Northeast, a partnership, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued March 7, 1989. April 26, 1989. Taxation — Hotel occupancy tax — Federal employees — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — […]

315 A.2d 903 Ricardi Gatto, Appellant, v. Borough of Elwood City, Appellee. Commonwealth Court of Pennsylvania.Argued November 7, 1973 November 26, 1973. Municipalities — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Petition to abolish wards — Appointment of commissioners — Public hearing — Residence — Partiality — Scope of appellate […]

616 A.2d 1070 Robert C. GIFFIN, Petitioner, v. Ronald E. CHRONISTER, Acting Insurance Commissioner, Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1992. Decided October 26, 1992. Page 287 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 288 Bruce E. […]

500 A.2d 208 Robert L. Balsbaugh and Patrick J. Dostick, Jr., and Lebanon Lodge 42, Fraternal Order of Police v. Nicholas Zeck, Now by Successor Harold McQuate, Paul K. Fetter and Daniel L. Leib, Now by Successor Glenn Wolgemuth, Supervisors of Heidelberg Township, Lebanon County, Pennsylvania. Patrick J. Dostick, Jr., Appellant. Commonwealth Court of Pennsylvania. […]

625 A.2d 159 NORTH STAR SCHOOL DISTRICT, Appellant, v. NORTH STAR EDUCATION ASSOCIATION. Commonwealth Court of Pennsylvania.Argued March 1, 1993. Decided May 3, 1993. Reargument Denied June 18, 1993. Appeal from the Court of Common Pleas, Somerset County, No. 19 Civil 1992, Eugene E. Fike, II, President Judge. Page 369 Daniel W. Rullo, for appellant. […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Yang. No. 2107CD06.Commonwealth Court of Pennsylvania. May 3, 2007. Appeal from the Montgomery County 06-16446. Decisions without Published Opinions. Affirmed.

523 A.2d 422 Robert D. Thompson, Sr. and Lillian Thompson, individually and as Administrators of the Estate of Linda Thompson, Deceased, Appellants v. Self Center, Inc., Lee Griffin City of Philadelphia and Commonwealth of Pennsylvania, Appellees. Commonwealth Court of Pennsylvania.Argued February 26, 1987 March 31, 1987. Municipalities — Immunity from suit — Judicial Code, 42 […]

442 A.2d 419 Equitable Gas Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Chartiers Valley District Flood Control Authority et al., Intervenors. Commonwealth Court of Pennsylvania.Argued December 17, 1981 March 18, 1982. Utilities — Costs — Relocation of facilities — Flood control project — Right-of-way. 1. The Pennsylvania Public Utility Commission has no power to […]

413 A.2d 759 Nora A. Manwiller by Laura M. Wagner and Mabel M. Biehl, her guardians, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1980 April 23, 1980. Public assistance — Mental Health and Mental Retardation Act of 1966, Act 1966, October 20, P.L. 96 — Calculation […]

543 A.2d 1273 Diane U. Kallmann and M. Letitia Harris, Appellants v. Carlisle Zoning Hearing Board, Arkansas Best Freight Systems, Inc., and Farmers Trust Company, Appellees. Commonwealth Court of Pennsylvania.Argued April 19, 1988. July 8, 1988. Zoning — Zoning hearing board — Tribunal — Judicial Code, 42 Pa. C. S. § 102 — Variance — […]

979 A.2d 450 Rice Township v. Piast Home Builders Company. No. 2026CD08.Commonwealth Court of Pennsylvania. August 12, 2009. Appeal from the Luzerne County 1978 of 2008. Decisions Without Published Opinions Reversed.

839 A.2d 1173 Pennsylvania State Police, Petitioner v. Stanley Klimek, Administrator of the Estate of Gary G. Klimek, Deceased, And Stanley Klimek and Shirley Klimek, individually, Respondent. No. 2077 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: September 9, 2003. Filed: October 10, 2003. Order Filed: January 5, 2004. ORDER Page 1174 Howard G. Hopkirk, Harrisburg, for appellant. […]

341 A.2d 572 Board of Supervisors of Willistown Township, Appellant, v. Edward J. Walsh, Jr. and William J. Curley, Jr., Appellees. Thomas A. J. McInerney, Noel McInerney and Board of Supervisors of Willistown Township, Appellants, v. Edward J. Walsh, Jr. and William J. Curley, Jr., Appellees. Commonwealth Court of Pennsylvania.Argued March 31, 1975 July 16, […]

336 A.2d 892 Workmen’s Compensation Appeal Board and Walter Clymire, Appellees, v. H. P. Foley Company and Liberty Mutual Insurance Company, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania. April 28, 1975. Workmen’s compensation — Powers of the Workmen’s Compensation Appeal Board — Referee — Competency of evidence — Credibility — Error of law — Disability […]

402 A.2d 723 Connie L. Landis, Widow of Johnathan Landis, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Zimmerman Motors, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued March 9, 1979 June 22, 1979. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Reasonableness of […]

733 A.2d 674 SHARENE GINYARD Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted: February 26, 1999. Filed: June 29, 1999. Appeal from No. 3005 C.D. 1998. Stephanie R. Coleman, for petitioner. William C. McGovern, for respondent. BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE JIM FLAHERTY, Judge, HONORABLE SAMUEL L. […]

804 A.2d 113 Sheetz, Inc., Appellant v. Phoenixville Borough Council. No. 2465 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 10, 2002. Filed: July 10, 2002. Order Filed: August 30, 2002. ORDER NOW, August 30, 2002, having considered appellant’s application for reargument, the application is denied. Appeal from the Court of Common Pleas, Chester County, No. 01-03527, […]

839 A.2d 475 Richard M. Rudolph and Margaret E. Rudolph, Appellants v. The Zoning Hearing Board of Cambria Township, Township of Cambria, and Matt R. Niebauer. No. 902 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: November 5, 2003. Filed: December 31, 2003. Page 476 Jackie Atherton Bernard, Altoona, for appellants. Patrick T. Kiniry, Johnstown, for appellee, ZHB […]

403 A.2d 639 In Re: Appeal of Leonard Hoak et al. Leonard Hoak, Robert Quirk and the General Association To Stop Pollution, Inc., Appellants. Commonwealth Court of Pennsylvania.Argued March 9, 1979 July 9, 1979. Zoning — Appeal bond — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Merits of the appeal — […]

708 A.2d 845 PINNACLE HEALTH HOSPITALS, SUCCESSOR BY CONSOLIDATION TO POLYCLINIC MEDICAL CENTER, Appellant, v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS, COUNTY OF DAUPHIN, SCHOOL DISTRICT OF THE CITY OF HARRISBURG, CITY OF HARRISBURG. PINNACLE HEALTH HOSPITALS, SUCCESSOR BY CONSOLIDATION TO POLYCLINIC MEDICAL CENTER v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS, COUNTY OF DAUPHIN, SCHOOL […]

624 A.2d 677 Archie FAULKNER and Dorothy Faulkner, his wife, Appellants v. BOARD OF ADJUSTMENT OF MOOSIC BOROUGH. Commonwealth Court of Pennsylvania.Argued December 17, 1992. Decided April 7, 1993. Appeal from the Court of Common Pleas, Lackawanna County, No. 91 CIV-6818, Chester T. Harhut, J. Gale T. Mayorowski, for appellants. Edward F.V. Pietrowski, for appellee. […]

368 A.2d 852 Carol L. Skowronski v. Governor’s Council on Drug and Alcohol Abuse. Carol L. Skowronski, Appellant. Commonwealth Court of Pennsylvania.Argued December 9, 1976 January 18, 1977. Civil service — Provisional employe — Civil Service Act, Act 1941, August 5, P.L. 752 — Just cause — Discrimination — Burden of proof — Work quality. […]

15 A.3d 99 Timothy Scott Evans, Petitioner v. Department of State, Bureau of Professional and Occupational Affairs, State Registration Board for Professional Engineers, Land Surveyors and Geologists, Respondent. No. 759 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted: September 24, 2010. Filed: January 24, 2011. Page 100 BEFORE: LEADBETTER, President Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY […]

484 A.2d 198 George Balog, Petitioner v. McKeesport Area School District, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1984 November 20, 1984. Schools — Dismissal of tenured professional employe — Findings of fact — Scope of appellate review — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Immorality — Persistent […]

363 A.2d 844 J. A. W. A. Hess, Inc., Appellants v. Hazle Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1976 September 16, 1976. Contracts — Demurrer — Quantum meruit — Impossibility of returning benefit — Municipal contract — The Second Class Township Code, Act 1933, May 1, P.L. 103 — Unjust enrichment — Invalid […]

353 A.2d 471 Commonwealth of Pennsylvania, Plaintiff v. Barnes Tucker Company, Defendant. Commonwealth Court of Pennsylvania.Argued September 10, 1975 March 2, 1976. Environmental law — Abatement of public nuisance — Responsibility of land owner — Negligence — Mines — Mine drainage — Pollution — Police power — Economic impact — Unconstitutional taking — Reasonableness — […]

IN RE CONDEMNATION OF SPRINGBORO AREA WATER AUTHORITY OF PROPERTY OF GILLETTE; IN RE GILLETTE.[4] No. 1128CD05.Commonwealth Court of Pennsylvania. February 02, 2006. [4] Reargument Denied March 29, 2006. Appeal from Crawford County, AD No. 2004-1711. Decision without published opinion. Reversed.

626 A.2d 1251 SUN OIL COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (FORD), Respondent. Commonwealth Court of Pennsylvania. Decided March 18, 1993. Publication Order June 11, 1993. Appeal from the Workmen’s Compensation Board, No. A90-117. Page 32 Charles S. Katz, for petitioner. John C. McFadden, for respondent. Page 33 Before DOYLE and FRIEDMAN, JJ. and […]

Foxx Lane Residents Association v. Zoning Board of Adjustment.[4] No. 909CD07.Commonwealth Court of Pennsylvania. July 10, 2007. [4] Reargument En Banc Denied August 29, 2007. Appeal from the Philadelphia County 001376 Aug. Term 2006. Decisions without Published Opinions Affirmed.

422 A.2d 911 Robin M. Roberts and Samuel J. Brown, III, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1980 November 26, 1980. Unemployment compensation — Self-employed — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Date of incorporation. 1. The establishment of […]

310 A.2d 451 City of Scranton, Appellant v. Leo Lynn, Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1973 September 26, 1973. Constitutional law — Legislative powers — Presumption of constitutionality — Delegation of power — Classification of cities — Act of 1971, August 31, P. L. 413 — Constitution of Pennsylvania, Article III, Section 20 […]

628 A.2d 519 Susan M. BUGAY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MELLON BANK, N.A., and Standard Fire Ins. Co., Insurance Carrier), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs April 2, 1993. Decided June 30, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1227. Page 566 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

569 A.2d 422 Robert KWALWASSER, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, and Kerry Coal Co., Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1989. Decided February 1, 1990. Appeal from the Environmental Hearing Board, EHB No. 84-108-M. Page 78 Robert P. Ging, Jr., Confluence, for petitioner. Ward T. Kelsey, Asst. Counsel, for respondent, […]

644 A.2d 224 HAVERFORD TOWNSHIP, Appellant, v. DELAWARE COUNTY LODGE #27, F.O.P. Commonwealth Court of Pennsylvania.Argued May 12, 1994. Decided June 14, 1994. Appeal from the Court of Common Pleas, Delaware County, No. 93-5847, Labrum, J. Page 29 Michael J. Ossip, for appellant. S. Stanton Miller, Jr., for appellee. Before CRAIG, President Judge, SMITH, J., […]

706 A.2d 374 MASHUDA CORPORATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FERRARI), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 12, 1997. Decided January 20, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-3003, Pellegrini, J. Micheal A. Cohen, Pittsburgh, for petitioner. No appearance entered for respondent. Before PELLEGRINI and KELLEY, JJ., and NARICK, […]

335 A.2d 830 Valeria Lynn Burton, Plaintiff, v. Temple University Law School, Defendant. Commonwealth Court of Pennsylvania. April 11, 1975. Mandamus — Jurisdiction of the Commonwealth Court of Pennsylvania — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 — State agency — Temple University. 1. The Commonwealth Court of Pennsylvania is […]

295 A.2d 618 Pincus Brothers, Inc. v. Commonwealth. Commonwealth Court of Pennsylvania.Argued September 8, 1972 October 17, 1972. Taxation — Fiscal Code, Act 1929, April 9, P. L. 343 — Burden of proof — Corporate Net Income Tax Act, Act 1935, May 16, P. L. 208 — Salaries — Gross receipts — Out of state […]

417 A.2d 1303 Clara Allen et al., Petitioners v. Aldo Colautti, Secretary of Public Welfare, Department of Public Welfare, Commonwealth of Pennsylvania et al., Respondents. Southeastern Pennsylvania Mental Health Association, Inc., Intervening Party Petitioner. Commonwealth Court of Pennsylvania.Argued June 4, 1980 August 7, 1980. Department of Public Welfare — Department of Health — Personal care […]

Paul LINTON, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (AMCAST INDUSTRIAL CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Argued February 28, 2006. Decided March 28, 2006. Page 678 Alan B. Ziegler, Reading, for petitioner. Zachary M. Rubinich, Philadelphia, for respondent. BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and McCLOSKEY, Senior Judge. OPINION BY Judge FRIEDMAN. Paul Linton (Claimant) petitions for […]

783 A.2d 863 Agrecycle, Inc., Appellant v. City of Pittsburgh. No. 2046 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: May 8, 2001. Filed: September 6, 2001. Page 864 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 865 Before: Honorable Doris A. Smith, Judge; Honorable […]

515 A.2d 1027 Darrell Musser, Steve Brachbill, District 1199P National Union of Hospital and Health Care Employees AFL-CIO, Appellants v. County of Centre, Centre County Prison Board, Appellees. Commonwealth Court of Pennsylvania.Argued May 16, 1986 October 3, 1986. Arbitration — Collective bargaining agreement — Discharge — Just cause — Prison guards — Abuse. 1. The […]

529 A.2d 1210 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Demetrius Yandrich, Appellee. Commonwealth Court of Pennsylvania. August 20, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Points — Certification of conviction — Signature of district justice — Admission of counsel. 1. A rubber stamp signature is […]

621 A.2d 1163 Condemnation of Property of James E. McCoy and Patricia M. McCoy, situate in Conewago Township, York County, Pennsylvania, by the Conewago Township Sewer Authority. Appeal of James E. McCOY and Patricia M. McCoy, Appellants. Commonwealth Court of Pennsylvania.Argued December 17, 1992. Decided February 12, 1993. Appeal from the Court of Common Pleas, […]

760 A.2d 1195 WAYNE P. HOLTZMAN and PHYLLIS M. HOLTZMAN, his wife, Appellants v. ARMIN G. ETZWEILER and ALBERTA J. ETZWEILER, his wife; ARLA I. MILLER; STEVEN E. GEYER and JUDITH A. GEYER, his wife; RODNEY PYFER and MORGAN C.E. HAHN. No. 535 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: September 11, 2000. Filed: October 16, 2000. […]

445 A.2d 1374 Centerville Clinics, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 7, 1982 June 7, 1982. Unemployment compensation — Voluntary termination — Recission of resignation. 1. An employe terminating employment is not rendered eligible for unemployment compensation benefits by rescinding her resignation although the […]

422 A.2d 1232 Leonard S. Jefferis, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1980 December 9, 1980. Unemployment compensation — Hearsay — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Failure to report accident — Violation of […]

Lionell GRAVES, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PHILADELPHIA HOUSING AUTHORITY), Respondent. No. 142 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs June 5, 2009. Decided: October 23, 2009. Page 242 David H. Oh, Philadelphia, for petitioner. Barbara L. Young, Philadelphia, for respondent. BEFORE: LEADBETTER, President Judge, LEAVITT, Judge, and McCLOSKEY, Senior Judge. OPINION BY Judge […]

340 A.2d 637 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Anne Shremshock v. Borough of Plum and Bituminous Casualty Corporation, Appellants. Commonwealth Court of Pennsylvania.Argued May 9, 1975 June 25, 1975. Workmen’s compensation — Injury arising in the course of employment — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. […]

418 A.2d 776 Max Weiner et al., Appellees v. Southeastern Pennsylvania Transportation Authority, Appellant. Commonwealth Court of Pennsylvania.Argued July 8, 1980 July 8, 1980. (See succeeding case for opinion on reargument.) Southeastern Pennsylvania Transportation Authority — Tariff — Fare increase — Metropolitan Transportation Authorities Act of 1963, Act 1963, August 14, P.L. 984 — Veto […]

489 A.2d 321 Gulf Oil Corporation, Appellant v. Delaware County Board of Assessment Appeals et al., Appellees. Gulf Oil Corporation v. Delaware County Board of Assessment Appeals et al. Southeast Delco School District, Township of Darby and the Board of Assessment Appeals of Delaware County, Appellants. Commonwealth Court of Pennsylvania.Argued December 13, 1984 March 22, […]

631 A.2d 739 LANCASTER LABORATORIES, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 17, 1993. Decided August 24, 1993. Appeal from the Board of Finance and Revenue, No. R-11, 308. Page 166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

339 A.2d 910 Sidney S. Lerner, M.D., Administrator of the Estate of Samuel Lerner, Deceased, Appellant, v. Philadelphia Psychiatric Center and Pennsylvania Manufacturers’ Association Insurance Company, Appellees. Commonwealth Court of Pennsylvania.Argued April 4, 1975 May 2, 1975. Workmen’s compensation — Agreement — Default in payments — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

336 A.2d 652 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee, v. James J. Kapsch, Appellant. Commonwealth Court of Pennsylvania.Argued March 7, 1975 April 22, 1975. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Voluntary termination — Cause of a necessitous and compelling nature — […]

507 A.2d 927 Commonwealth of Pennsylvania, Department of Labor and Industry, Appellant v. Allegheny Ludlum Industries, Inc. and Alden E. Scott, Sr. (Deceased), Lucille Scott (Widow) and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued March 11, 1986 April 15, 1986. Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act of June 21, 1939, […]

640 A.2d 502 SCHOOL DISTRICT OF PHILADELPHIA, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (POLK), Respondent. Commonwealth Court of Pennsylvania.Submitted November 19, 1993. Decided April 5, 1994. Petition for Allowance of Appeal Denied August 17, 1994. Appeal from the Workmen’s Compensation Appeal Board No. A92-1929. Page 202 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Joann MANLEY, individually, and as Administratrix of the Estate of Raymond Manley, Deceased, Appellants v. Police Lt. Joel FITZGERALD and Police Sgt. Michael D. Young and Police Officer Joseph Smith and Police Officer Rubin Perkins and Police Officer Sean Bascom. No. 2091 C.D. 2009.Commonwealth Court of Pennsylvania.Argued May 18, 2010. Decided June 10, 2010. Appeal […]