Category: Pennsylvania Commonwealth Court Opinions

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 […]

316 A.2d 120 Anthony D. Venneri, Arthur Belotti, Stephen Korol, Leo Campbell, Marion Tucker, Robert Thompson and Raymond Goga, Appellants, v. The County of Allegheny, Leonard C. Staisey, Thomas J. Foerster, William R. Hunt, M.D. and Eugene Coon, Appellees. Commonwealth Court of Pennsylvania.Argued November 9, 1973 March 14, 1974. Labor dispute — Mandamus — Scope […]

401 A.2d 582 Mary Louise Dale, Catherine Pastva, Karen Ravotta and the Leechburg Education Association, Appellants v. Leechburg Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued October 30, 1978 April 30, 1979. Schools — Arbitration — Grievance — Scope of appellate review — Essence test — Intention of parties to collective bargaining agreement — Substitute […]

312 A.2d 467 David S. Erb, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued October 2, 1973 November 7, 1973. Eminent domain — Appeal — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Misdescription of condemned property — Misleading — adverse party. 1. Provisions of the Eminent […]

551 A.2d 1134 Appeal of Hortense Summers From Decision of The Springfield Township Zoning Hearing Board. Hortense Summers, Appellant. Commonwealth Court of Pennsylvania.Argued June 15, 1988. December 13, 1988. Zoning — Single family use — Respite care — Family living program — Mental Retardation programs — Single, nonprofit housekeeping unit — Equal protection — Foster […]

693 A.2d 647 In re Petition Objecting to the Nominating Petition and/or Papers of Paul W. CAPRA as Republican Candidate for the Warwick Township Board of Supervisors for the Municipal Primary Election for the Year 1997. Appeal of David JESKIE, Appellant. Commonwealth Court of Pennsylvania.Argued April 15, 1997. Decided April 22, 1997. Appeal from the […]

403 A.2d 186 Pennwalt, Stokes Division, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Krikor Mahserejian, Respondents. Krikor Mahserejian, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Pennwalt, Stokes Division, Respondents. Commonwealth Court of Pennsylvania.Argued April 5, 1979 July 6, 1979. Workmen’s compensation — Petition to modify compensation payable — Burden […]

COLE v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 67CD06.Commonwealth Court of Pennsylvania. August 23, 2006. Appeal from Bradford County 05 DL 000 468. Decision without published opinion. Affirmed. Page 1058

747 A.2d 977 RAYMOND E. COSSELL, Appellant v. CONNELLSVILLE TOWNSHIP BOARD OF SUPERVISORS. No. 1998 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: February 7, 2000. Filed: March 8, 2000. Appeal from the COurt of Comon Pleas, Fayette County. John S. Cupp, Jr., for appellant. Page 978 Gretchen A. Mundorff, for appellee. Before: Honorable James R. Kelley, Judge, […]

378 A.2d 1050 Richard Kastner, Plaintiff v. Commonwealth of Pennsylvania, Department of Transportation, Defendant. Commonwealth Court of Pennsylvania.Argued September 12, 1977 October 26, 1977. Sovereign immunity — Improper presentation of affirmative defense — Preliminary objections — New matter — Judicial economy — Constitution of Pennsylvania, Article I, Section 11 — Legislative function. 1. Although the […]

582 A.2d 1160 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Carol A. MARTINEZ, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs June 8, 1990. Decided November 28, 1990. Appeal from the Common Pleas Court, Allegheny County, No. SA 2618 of 1989, Raymond L. Scheib, J. Page 297 William A. Kuhar, Jr., […]

454 A.2d 234 Robert W. Symon et al., Appellants v. Charles R. Tomljanovic, Appellee. Commonwealth Court of Pennsylvania.Argued May 4, 1982 January 14, 1983. Municipalities — Validity of ordinance — Power of mayor — Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901 — Words and phrases — Execute — Statutory […]

701 A.2d 279 ALBERT WILLIAMS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted August 15, 1997. Decided October 7, 1997. Michael M. Palmisano, Erie, for petitioner. Seth A. Mendelsohn, Assistant Counsel, Harrisburg, for respondent. Before PELLEGRINI and FLAHERTY, JJ., and MIRARCHI, JR., Senior Judge. FLAHERTY, Judge. Albert Williams (Williams) petitions […]

681 A.2d 836 CAMERON MANOR, INC., Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued February 8, 1996. Decided June 14, 1996. Reargument Denied July 30, 1996. As amended August 2, 1996. Reargument Denied September 27, 1996. Appeal from Department of Public Welfare (DPW), No. 23-90-039. Page 837 Alan M. Kaplan, for Petitioner. […]

623 A.2d 921 SCHULMERICH CARILLONS, INC., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued February 1, 1993. Decided March 19, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-298093. Page 344 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

473 A.2d 719 Anthony Rushford et al. v. Zoning Board of Adjustment of Pittsburgh et al. Gregory J. Winokur and Amy G. Winokur, his wife, and A. G. Associates, Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1983 April 2, 1984. Zoning — Variance — Due process — Prejudice — Pennsylvania Municipalities Planning Code, Act of […]

416 A.2d 1172 Anthra Textile, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Bertha Ringes, Respondents. Commonwealth Court of Pennsylvania.Argued June 3, 1980 July 29, 1980. Workmen’s compensation — Limitation of actions — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — The Pennsylvania Occupational Disease Act, […]

498 A.2d 1380 Anna M. Pelton and Nancy Boudman, on behalf of themselves and all those similarly situated, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1985 October 8, 1985. Department of Public Welfare — Transportation grant — Stare decisis — Maintenance of employment — Federal interpretation […]

V.L. RENDINA, INC., Appellant v. The CITY OF HARRISBURG, Harrisburg School District. Commonwealth Court of Pennsylvania.Argued September 9, 2004. Decided October 7, 2004. Appeal from the Court of Common Pleas, Dauphin County, No. 2003 CV 3148 MP, Batton, J. Page 889 Thomas J. Weber, Harrisburg, for appellant. Steven R. Dade, Harrisburg, for appellee. BEFORE: PELLEGRINI, […]

327 A.2d 202 Clearview Land Development Co., Inc., Appellant, v. Commonwealth of Pennsylvania and Redevelopment Authority of the City of Philadelphia, Appellees. Commonwealth of Pennsylvania and Redevelopment Authority of the City of Philadelphia, Appellants, v. Clearview Land Development Co., Inc., Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1974 October 10, 1974. Environmental law — Pennsylvania […]

CITY OF SCRANTON v. FIRE FIGHTERS LOCAL UNION NO. 60, OF the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, Appellant. City of Scranton v. Fire Fighters Local Union No. 60, Appellant. Nos. 2314 C.D. 2007, 213 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: September 10, 2008. Decided: January 23, 2009. Appeal from the Common Pleas Court of Lackawanna […]

424 A.2d 625 Margaret Hankinson, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1980 January 26, 1981. Public welfare — Scope of appellate review — Encumbrance — Mobile home — Change of circumstances — Aid to Families with Dependent Children. 1. The scope of review of the […]

515 A.2d 1033 Edward Lewis, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 6, 1986. Parole — Rehearing — Abuse of discretion. 1. In a parole matter, a decision to grant a rehearing or to reopen a record is within the discretion of the Pennsylvania Board […]

394 A.2d 618 Hammermill Paper Company, Appellant v. Greene Township, the Board of Supervisors of Greene Township and Quentin J. Kellog, the Zoning Administrator of Greene Township, Appellees. Commonwealth Court of Pennsylvania.Argued May 3, 1978 December 13, 1978. Zoning — Challenge to zoning ordinance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 […]

397 A.2d 494 Rod Hughes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 30, 1978 February 13, 1979. Unemployment compensation — Refusal of reasonable work assignment — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Justification — Necessary findings — Remand. […]

381 A.2d 228 Robert R. Brey, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Defendant. Morris Sooper, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Defendant. Commonwealth Court of Pennsylvania.Argued December 5, 1977 January 5, 1978. Sovereign immunity — Pennsylvania Liquor Control Board — Constitution of Pennsylvania, Article I, Section 11 — Refund […]

822 A.2d 862 Commonwealth of Pennsylvania, Department of Public Welfare, Appellant v. Craig Tetrault. No. 2408 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: March 31, 2003. Filed: April 29, 2003. Page 863 Kenneth J. Suter, Harrisburg, for appellant. Lisa M. Benzie, Harrisburg, for appellee. Before: Honorable Bernard L. McGinley, Judge; Honorable Doris A. Smith-Ribner, Judge; Honorable Jess […]

496 A.2d 97 Julie Weirich, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 24, 1985. Unemployment compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Teacher. 1. Under Section 402.1 of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) […]

643 A.2d 136 MODERN SHOPPERS WORLD-MT. AIRY CORPORATION and Granite State Insurance Company, as subrogee of Modern Shoppers World-Mt. Airy Corporation v. PHILADELPHIA GAS WORKS and Philadelphia Facilities Management Corporation APPEAL OF GRANITE STATE INSURANCE COMPANY, Appellant. Commonwealth Court of Pennsylvania.Argued February 2, 1994. Decided May 23, 1994. Reargument Denied July 20, 1994. Petition for […]

Southeastern Pennsylvania Transportation Authority v. Pollas. Nos. 1525 C.D. 09, 1572 C.D. 09.Commonwealth Court of Pennsylvania. August 4, 2011. Appeal from the Philadelphia County 003750 July Term 2007. Commonwealth Court of Pennsylvania Decision Without Published Opinion 1572CD09 (Stricken) 1525CD09 (Reversed and Remanded). Page 310

461 A.2d 1353 Pennsylvania Public Utility Commission, Plaintiff v. Norfolk and Western Railway Company, Defendant. United Transportation Union, Intervening Party Plaintiff. Commonwealth Court of Pennsylvania.Argued May 12, 1983 July 8, 1983. Pennsylvania Public Utility Commission — Mandamus sanitary toilet system — New trial — Cost of compliance with order — Failure to comply with order […]

468 A.2d 1151 Henry J. Cianfrani, Individually and on behalf of the State Employees’ Retirement System Beneficiaries, Petitioner v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1983 December 1, 1983. Retirement — Complaint — Writings — Pa. R.C.P. No. 1019 — Limitation of actions — Interest — Judicial […]

718 A.2d 391 HAHNEMANN UNIVERSITY HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WALLACE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 29, 1998. Decided September 24, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A96-3873. Page 392 Patrice A. Toland, Philadelphia, for petitioner. Kathy Kennedy, Philadelphia, for respondent. Before PELLEGRINI and FRIEDMAN, JJ., and […]

810 A.2d 182 Erin E. Connor, Petitioner v. Insurance Department, Respondent. No. 272 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 24, 2002. Filed: September 10, 2002. Page 183 Randolph A. Scott, Warrington, for petitioner. Sandra L. Ykema, Harrisburg, for respondent. Thomas E. Brenner, Harrisburg, for intervenor, Erie Insurance Exchange. Before: SMITH-RIBNER, Judge; SIMPSON, Judge; KELLEY, Senior […]

522 A.2d 154 Richard Klusman on behalf of himself and all others similarly situated and William Van Horn, on behalf of himself and all others similarly situated, Petitioners v. Bucks County Court of Common Pleas and H. Paul Kester, Court Administrator, Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1986 March 9, 1987. Summary judgment — […]

415 A.2d 995 Thomas P. Renne, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 26, 1980. Unemployment compensation — Substitute teachers — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. There is no sufficient distinction for purposes of unemployment compensation between […]

547 A.2d 802 Northampton, Bucks County, Municipal Authority, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 1987. March 10, 1988. Environmental law — Subsidy for interceptor cost — Act of August 20, 1953, P.L. 1217 — Scope of appellate review — Violation of constitutional rights — Error […]

455 A.2d 232 Kenneth P. Reese, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. January 18, 1983. Motor vehicles — Revocation of motor vehicle operator’s license — Vehicle Code, 75 Pa. C. S. § 1542 — Habitual offender — Single episode. 1. The license of a motor vehicle operator is […]

420 A.2d 1140 Kama Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Robert J. Rayno, Respondents. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 14, 1980. Unemployment compensation — Scope of appellate review — Absence — Illness — Willful misconduct. 1. In an unemployment compensation case, the Commonwealth Court of Pennsylvania […]

361 A.2d 508 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Jay L. Bush, Appellee. Commonwealth Court of Pennsylvania.Argued April 8, 1976 July 7, 1976. Motor vehicles — Revocation of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Unlawful possession of controlled substance — […]

577 A.2d 235 Karen A. FERRY, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued May 3, 1990. Decided July 2, 1990. Appeal from the Unemployment Compensation Board, No. B-275536. Page 617 William K. Eckel, for petitioner. John E. Herzog, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief […]

503 A.2d 483 James Wolfe, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 15, 1986. Pennsylvania Board of Probation and Parole — Presumptive backtime range — Scope of appellate review — Explanation for exceeding presumptive range — Multiple offenses. 1. Review by the Commonwealth Court of […]

631 A.2d 826 George PAXOS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (FRANKFORD-QUAKER GROCERY and National Union Insurance Co.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs April 30, 1993. Decided September 8, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-0181. Page 356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

TOWN OF BLOOMSBURG v. ZONING HEARING BOARD OF THE TOWN OF BLOOMSBURG. No. 219CD05.Commonwealth Court of Pennsylvania. October 18, 2005. Appeal from Columbia County, 2004-CV-592. Decision without published opinion. Reversed

542 A.2d 220 LARA, Inc., Appellant v. Dorney Park Coaster Co., Inc. and South Whitehall Township, Appellees. Commonwealth Court of Pennsylvania.Argued April 19, 1988. June 6, 1988. License — Preliminary injunction — Permanent injunction — Controlling issues — Revocability — Expenditure of funds — Damages. 1. It is improper for a trial judge to treat […]

717 A.2d 26 CITY OF PHILADELPHIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MERCER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 15, 1998. Decided August 20, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A97-0045. Marianne Henry, Philadelphia, for petitioner. Richard R. DeStefano, Philadelphia, for respondent. Before DOYLE and FLAHERTY, JJ., and MIRARCHI, JR., […]

428 A.2d 1031 James L. Davis and Robert E. Sperling, Jr., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1981 April 30, 1981. Unemployment compensation — Medical certification — Illegal strike — Willful misconduct. 1. In an unemployment compensation case, a large number of employee absences […]

537 A.2d 946 Falls Township, Appellant v. James McManamon, Appellee. Commonwealth Court of Pennsylvania. February 18, 1988. Municipalities — Employment contract — Declaratory judgment — Scope of appellate review — Abuse of Discretion — Powers of township supervisors — Second Class Township Code, Act of May 1, 1933, P.L. 103 — Governmental function — Binding […]

284 A.2d 851 Bethlehem Steel Corporation v. Commonwealth. Commonwealth Court of Pennsylvania.Argued November 4, 1971 December 20, 1971. Environmental law — Clean Streams Law, Act 1937, June 22, P. L. 1987 — Original jurisdiction of Commonwealth Court of Pennsylvania — Appellate Court Jurisdiction Act, Act of 1970, July 31, P. L. ___, No. 223 — […]

879 A.2d 332 Mary E. KAROTKA (Deceased) c/o Charles T. Karotka, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (MILLCREEK COMMUNITY HOSPITAL and Home Insurance Co.), Respondents. No. 2032 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted April 22, 2005. Decided: June 22, 2005. Reargument En Banc Denied: August 17, 2005. Charles T. Karotka, petitioner, pro se. Gregory J. Fischer, […]

561 A.2d 1298 In re ESTATE OF William A. BANKS, Deceased. Appeal of Lita Indzel COHEN and Leon Goldberg, surviving executors and testamentary trustees of the Estate of William A. Banks. Commonwealth Court of Pennsylvania.Argued June 6, 1989. Decided July 18, 1989. Petition for Allowance of Appeal Denied March 26, 1990. Appeal from the Court […]

935 A.2d 81 Mifflin County School District v. Association of Mifflin County Educators, PSEA/NEA. No. 369CD07.Commonwealth Court of Pennsylvania. October 9, 2007. Appeal from the Mifflin County CP-44-CV-951 of 2006. Decisions Without Published Opinions Affirmed.

415 A.2d 711 John Y. Hill, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Submitted on briefs, March 14, 1980. June 11, 1980. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Transportation problems — Good cause — Suitable […]

413 A.2d 1199 Brenda Baillie, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 8, 1980 May 6, 1980. Unemployment compensation — Willful misconduct — Remand — Findings of fact. 1. In an unemployment compensation case, the refusal of an employee to obey the directive of the employer […]

SELFSPOT, INC. v. THE BUTLER COUNTY FAMILY YMCA. No. 2006CD05.Commonwealth Court of Pennsylvania. July 18, 2006. Appeal from Butler County EQ 00-50002. Decision without published opinion. Reversed and Remanded.

284 A.2d 143 Woolworth Company v. Pittsburgh. Woolworth Company v. Pittsburgh. Appeal of the School District of Pittsburgh. Woolworth Company v. Pittsburgh. Appeal of the County of Allegheny. Commonwealth Court of Pennsylvania.Argued May 4, 1971 July 8, 1971. Act of 1939, June 21, P. L. 626 — Act of 1970, June 22, P. L. ___, […]

529 A.2d 88 Harry J. McFadden, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 11, 1987. August 3, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Burden of proof — Scope of appellate review — Findings of fact — Sufficient evidence — Error of […]

466 A.2d 1139 Ella G. Ehrhart, Petitioner v. Workmen’s Compensation Appeal Board (Liquor Control Board et al.), Respondents. Commonwealth Court of Pennsylvania.Argued September 15, 1983 October 27, 1983. Workmen’s compensation — Attorney fees — Reasonableness of contest — Scope of employment — Penalties — Delay — Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, […]

523 A.2d 1211 Alfred O. Breinig, Jr., Esquire, Petitioner v. David H. Meyers, Supervisor of the Escheats Section of the Department of Revenue of the Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued February 24, 1987 April 13, 1987. Public information — Right to Know Act, Act of June 21, 1957, P.L. 390 — Escheated […]

633 A.2d 1305 Winfield FISK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GENERAL ELECTRIC and Electric Mutual Liability Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Submitted July 9, 1993. Decided November 9, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0931. Page 543 Robert J. Murphy, for petitioner. William M. Bendon, for respondents. Before PALLADINO and […]

539 A.2d 509 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Daniel Charles Quinn, Appellee. Commonwealth Court of Pennsylvania.Argued December 18, 1987. March 28, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Inoperative breathalyzer — Vehicle Code, 75 Pa. C. S. § 1547. […]

407 A.2d 114 Manufacturers’ Association of Erie, Petitioner v. Pennsylvania Public Utility Commission, Respondent; The City of Erie, Intervenor. Commonwealth Court of Pennsylvania.Argued September 12, 1979 October 29, 1979. Pennsylvania Public Utility Commission — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

638 A.2d 419 CONTINENTAL INSURANCE GROUP and The Express, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (GERBINO), Respondent. Commonwealth Court of Pennsylvania.Submitted January 7, 1994. Decided February 24, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2507. Page 191 Timothy J. Siegfreid, for petitioners. Michael Gerbino, respondent, pro se. Before CRAIG, President Judge, NEWMAN, J., […]

831 A.2d 162 Jerry Jones, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1586 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: May 7, 2003. Filed: August 22, 2003. Page 163 BEFORE: COLINS, President Judge; McGINLEY, Judge; SMITH-RIBNER, Judge; PELLEGRINI, Judge; FRIEDMAN, Judge; COHN, Judge; LEAVITT, Judge. OPINION BY Judge McCGINLEY. Jerry Jones (Jones) petitions for […]

384 A.2d 1023 Dennis R. Smith, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1978 April 18, 1978. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1939, December 5, P.L. (1937) 2897 — Credibility — Good faith. 1. An employe […]

506 A.2d 1020 Sherry L. Braun, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 3, 1986. Unemployment compensation — Willful misconduct — Burden of proof — Scope of appellate review — Hearsay. 1. In an unemployment compensation case the burden of proving willful misconduct is on the […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Comm., Dept. of Trans., Bureau of Driver Lic. v. Miller 473CD98 7/16/99 Allegheny Vacated County SA 713 and of 1997 Remanded Comm., Dept. of Trans. v. Bevilacqua 2491CD98 7/19/99 Philadelphia Affirmed County 5331 May Term 1995 Comm., Dept. of […]

547 A.2d 1301 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Kevin Marshall Williams, Appellee. Commonwealth Court of Pennsylvania. September 29, 1988. Motor vehicles — Licensing — Scope of appellate review — Suspension — Vehicle Code, 75 Pa. C. S. § 1785. 1. In a motor vehicle license suspension case the […]

647 A.2d 648 FANTASTIC SAM’S and Cincinnati Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (KOWALSKI), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 8, 1994. Decided August 25, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-0071. Page 131 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

418 A.2d 772 Lajos Haklits, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1979 July 12, 1979. Motor vehicles — Suspension of motor vehicle operator’s license — Vehicle Code, 75 Pa. C.S. § 1547 — Reasonable grounds for believing person was driving a vehicle while under the influence of intoxicating liquor […]

407 A.2d 111 Jonathan Allen Claiborne, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 29, 1979. Unemployment compensation — Absence of wages in base year — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. A person who performed no services and received no wages […]

396 A.2d 75 John J. Poiarkoff et al. v. Town Council of the Borough of Aliquippa et al. Town Council of the Borough of Aliquippa, Vincent Tarriaizni, Borough Secretary of the Borough of Aliquippa, James Mansuetti, Mayor of the Borough of Aliquippa, Appellants. Commonwealth Court of Pennsylvania.Argued November 2, 1978 January 10, 1979. Arbitration — […]

740 A.2d 1213 BLAKESLEE ALUMINUM, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (KOTULA), Respondent. No. 3306 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: October 6, 1999. Filed: November 18, 1999. Appealed from the Commonwealth Court, No. 3306 C.D. 1998, McGinley, J. Page 1214 Christopher B. Slusser, Hazleton, for petitioner. Brian C. Corcoran, Kingston, for respondent. Before: Honorable […]

836 A.2d 178 Patricia Trout, Petitioner v. Workers’ Compensation Appeal Board (Trans Continental Refrigerated), Respondent. No. 1101 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: August 22, 2003. Filed: November 19, 2003. Page 179 Michael G. Dryden, Philadelphia, for petitioner. William E. Wyatt, Jr., Scranton, for respondnet. BEFORE: FRIEDMAN, Judge; COHN, Judge; McCLOSKEY, Senior Judge. OPINION BY Judge […]

986 A.2d 222 Michae Gelormino, husband and wife, Appellants v. The BOARD OF ASSESSMENT APPEALS OF ARMSTRONG COUNTY. No. 2371 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: October 13, 2009. Decided: December 15, 2009. Appeal from the Court of Common Pleas, Armstrong County, No. 2008-0358-Civil, Valasek, President Judge. Michael J. Supinka, Indiana, for appellants. Chase G. McClister, […]

442 A.2d 431 Morton Polsky, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1982 March 19, 1982. Argued February 5, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three. Appeal, No. 2892 C.D. 1980, from the Order of the Unemployment Compensation […]

736 A.2d 48 JAMES HOLLENBUSH, Petitioner v. DEPARTMENT OF CORRECTIONS, STATE CORRECTIONS INSTITUTE AT FRACKVILLE, Respondent. Commonwealth Court of Pennsylvania.Submitted: April 30, 1999. Filed: July 29, 1999. Appeal from No. 2779 C.D. 1998. Page 49 Andrew C. Onwudinjo, for petitioner. Timothy D. Mara, for respondent. BEFORE: HONORABLE JOSEPH T. DOYLE, Judge, HONORABLE DAN PELLEGRINI, Judge, […]

400 A.2d 1347 Lou J. D’Iorio, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1978 May 4, 1979. Unemployment compensation — Unemployment through fault of employe — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Efficiency of law enforcement agency — Association with […]

682 A.2d 17 Thomas C. KANE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (WEIS MARKETS, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 26, 1996. Decided August 14, 1996. As Amended August 20, 1996. Appeal from Workmen’s Compensation Appeal Board, A95-1740. Page 18 Daniel J. Gallagher, for Petitioner. Michael P. McDonald, for Respondent. Before DOYLE […]

312 A.2d 829 Heintz Investment Company, Appellant, v. Tax Review Board of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1973 November 30, 1973. Taxation — Merchantile license tax — Words and phrases — Engaged in business — Investments — Dividends — Interest — Corporate status. 1. In deciding whether one owning property and receiving […]

444 A.2d 185 Robert Drayton, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. District Council 33, American Federation of State, County and Municipal Employees, AFL-CIO, Intervenor. Commonwealth Court of Pennsylvania. April 6, 1982. Unemployment compensation — Wilful misconduct — Absenteeism — Drinking — Substantial evidence. 1. A claimant is properly found to […]

Heather Ann BOMBA v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 1539 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs April 8, 2011. Decided September 14, 2011. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 124 of 2010, Gallo, Senior Judge Page 947 Terrance M. Edwards, Assistant Counsel, […]

Bolus v. Seletyn. No. 1853CD06.Commonwealth Court of Pennsylvania. April 19, 2007. Appeal from the Lackawanna County 04-EQ-60043. Decision without Published Opinions Affirmed.

541 A.2d 1191 James DOVERSPIKE and Amor D. Bullers, Appellants, v. David BLACK, Andrew S. Laska, and Jere Pearson, the Commissioners of Jefferson County et al., Appellees. Commonwealth Court of Pennsylvania. June 1, 1988. ORDER PER CURIAM. After granting and hearing reargument, the Court affirms the opinion and order filed January 7, 1988, 126 Pa. […]

456 A.2d 243 Ramon L. Posel et al. v. Redevelopment Authority of the City of Philadelphia. John Taxin and Bookbinder’s, Inc., Appellants. Commonwealth Court of Pennsylvania.Argued December 15, 1982 February 16, 1983. Equity — Indispensable party — Jurisdiction. 1. A court in equity cannot grant relief without the joinder of all indispensable parties; a party […]

479 A.2d 86 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Samjess Bar Corp., Appellee. Commonwealth Court of Pennsylvania. August 8, 1984. Liquor licensing — Liquor Code, Act of April 12, 1951, P.L. 90 — Penalty — Modification. 1. Under the Liquor Code, Act of April 12, 1951, P.L. 90, the court of common […]

465 A.2d 724 North East Express, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Joseph Woytas), Respondents. Commonwealth Court of Pennsylvania. September 21, 1983. Workmen’s compensation — Trucks — Employee — Lease agreement. 1. The owner of a truck tractor who operates it as a driver-owner under a lease agreement with a shipping company is an […]

405 A.2d 1151 Ernest Reinford, Plaintiff v. Conrail et al., Defendants. Commonwealth Court of Pennsylvania.Argued March 22, 1979 September 24, 1979. Sovereign immunity — Demurrer — Judicial Code, 42 Pa. C.S. § 5110 — Jurisdiction of courts of common pleas. 1. Preliminary objections in the nature of a demurrer directed to a complaint will not […]