Category: Pennsylvania Commonwealth Court Opinions

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 […]

Richard WEIGLE, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted October 7, 2005. Decided November 18, 2005. Page 1184 Timothy L. Clawges, Carlisle, for petitioner. Arthur R. Thomas, Asst. Counsel and Victoria S. Freimuth, Chief Counsel, Harrisburg, for respondent. Page 1185 BEFORE: McGINLEY, Judge, LEADBETTER, Judge, and KELLEY, Senior Judge. […]

406 A.2d 844 Samuel Lerner, Plaintiff v. Commonwealth of Pennsylvania, Department of Transportation et al., Defendants. Commonwealth Court of Pennsylvania.Argued March 22, 1979 October 15, 1979. Sovereign immunity — Judicial Code, 42 Pa. C.S. § 5110 — Constitutionality — Commonwealth property — Dangerous highway conditions — Sign — Waiver of immunity. 1. Provisions of the […]

288 A.2d 828 Gray v. Bethlehem Steel Company and Commonwealth. Commonwealth Court of Pennsylvania.Argued September 13, 1971 March 28, 1972. Workmen’s compensation — Occupational disease — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P. L. 566 — Limitation of actions — Time of disability or death — Last exposure. 1. Disability or death […]

950 A.2d 397 Greenville Area School District v. Richmond.[1] No. 1184CD07.Commonwealth Court of Pennsylvania. May 7, 2008. [1] Reargument denied July 3, 2008 Appeal from the Mercer County 2007-1811. Decisions Without Published Opinions Dismissed.

572 A.2d 1314 BRADFORD AREA EDUCATION ASSOCIATION, by Richard J. LUTZ, Jr., Kevin Quinn and Thomas A. Girard, Trustees Ad Litem, Appellants, v. BRADFORD AREA SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1989. Decided April 4, 1990. Appeal from the Common Pleas Court, McKean County, No. 528 Civil 1988, John M. Cleland, President […]

516 A.2d 124 Evergreen Helicopters, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1986 October 20, 1986. Taxation — 61 Pa. Code § 35.1(d)(3) — Assessment — Foreign corporation — Registry statement. 1. The Pennsylvania Department of Revenue must mail a notice of sales and use tax assessment to the […]

453 A.2d 1074 Marcia A. Schuerch, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 3, 1983. Unemployment compensation — Due process — Advising of rights — Remand — Prejudice. 1. Remand is required when an unemployment compensation claimant is not advised of her right to counsel, to […]

780 A.2d 787 Charles L. Moles, Donna Moles and JAR, Inc., Appellants v. Borough of Norristown and Geppert Bros., Inc. v. Kim Won Hee and Eun Sook, husband/wife v. Schultz Enterprises, Inc. No. 2209 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: June 4, 2001. Filed: July 11, 2001. Page 788 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

298 A.2d 668 Dacar Chemical Products Company v. Redevelopment Authority. Commonwealth Court of Pennsylvania.Argued November 2, 1972 December 8, 1972. Eminent domain — Timeliness of appeal — Motion to quash appeal — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Removal expense — Assembled economic unit doctrine — Assembled industrial plant doctrine. […]

438 A.2d 662 In Re: The Matter of the Catering Club Liquor License No. CC-4837, Issued to Fulton Post, Inc. etc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued May 6, 1981 December 21, 1981. Liquor license — Scope of appellate review — Gambling — Liquor industry — Warrantless search — […]

623 A.2d 897 EMPIRE COAL MINING DEVELOPMENT, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued December 15, 1992. Decided March 18, 1993. Petition For Allowance of Appeal Denied July 26, 1993. Appeal from the Environmental Hearing Board, No. 90-344-F. Page 297 W. Boyd Hughes, for petitioner. Kurt J. Weist, Asst. Counsel, […]

HELLAM TOWNSHIP, Appellant v. HELLAM TOWNSHIP ZONING HEARING BOARD and Patton Homes, Inc. No. 322 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: December 11, 2007. Decided: January 16, 2008. Appeal from the Court of Common Pleas, York County, No. 2005-SU-3541-Y08, Dorney, J. Page 747 D. Michael Craley, Red Lion, for appellant. Bradley J. Leber, York, for appellee, […]

402 A.2d 1124 Houze Glass Corporation and Kansas City Fire Marine Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and William Cullen, Respondents. Commonwealth Court of Pennsylvania.Argued May 11, 1979 June 25, 1979. Workmen’s compensation — Silicosis — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Exposure to […]

291 A.2d 347 Blumenthal Brothers Chocolate Company v. Commonwealth. Commonwealth Court of Pennsylvania.Argued December 7, 1971 May 9, 1972. Taxation — Corporate Net Income Tax Act, Act 1935, May 16, P. L. 208 — Gross receipts — Pennsylvania receipts — Words and phrases — “Maintained” — Out of state office. 1. Whether sales by corporate […]

471 A.2d 912 Claude B. Berger, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 22, 1984. Unemployment compensation — Willful misconduct — Criminal act — Company rule. 1. Willful misconduct for unemployment compensation purposes is the wanton and willful disregard of the employer’s interest, the deliberate […]

631 A.2d 1384 VENANGO NEWSPAPERS, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. VENANGO NEWSPAPERS, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 16, 1993. Decided September 10, 1993. Reargument Denied November 5, 1993. Appeal from the Unemployment Compensation Board of Review, Nos. B-308763, B-308764. Page 380 [EDITORS’ […]

441 A.2d 484 Michael O. Mummert et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 17, 1981 February 18, 1982. Unemployment compensation — Work stoppage — Strike — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Lack of work. 1. Benefits are […]

406 A.2d 581 David A. Delo, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 10, 1979. Pennsylvania Board of Probation and Parole — Jurisdiction — Credit for time in detention — New sentence. 1. When the Pennsylvania Board of Probation and Parole takes no action to […]

854 A.2d 629 Dennis C. Christman and Susan L. Christman, Appellants v. Zoning Hearing Board of the Township of Windsor. No. 2539 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: May 21, 2004. Filed: July 15, 2004. Page 630 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

553 A.2d 102 Civil Service Commission of West Mifflin, Appellant v. John D. Vargo, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1988. January 19, 1989. Civil service — Suspension of police officer — The Borough Code, Act of February 1, 1966, P.L. (1965) 1656 — Negligence — Scope of appellate review — Violation of constitutional […]

342 A.2d 442 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Smittie J. Brown v. Neville Chemical Company and American Mutual Insurance Companies, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued May 9, 1975 July 25, 1975. Workmen’s compensation — Medical services — Reimbursement of medical expenses — Designation of physicians — Authorization — […]

729 A.2d 135 COMMONWEALTH OF PENNSYLVANIA, ACTING BY ATTORNEY GENERAL D. MICHAEL FISHER, Plaintiff v. ALLSTATE INSURANCE COMPANY, Defendant. No. 1009 M.D. 1998.Commonwealth Court of Pennsylvania.Argued March 10, 1999. Filed April 13, 1999. Page 136 John M. Abel, Senior Deputy Atty. Gen., Philadelphia, for plaintiff. Arthur Makadon, Philadelphia, for defendant. BEFORE: HONORABLE JAMES GARDNER COLINS, […]

485 A.2d 514 Anne M. Pilot, widow of Edward M. Pilot, Petitioner v. Workmen’s Compensation Appeal Board (Corning Glass Works), Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1984 December 12, 1984. Workmen’s compensation — Extraterritorial coverage — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Place of contract of hire. […]

813 A.2d 918 JOHN M. PAYNE; PAUL NOLDER; FRANK GRAZULIS; CHARLES LEE; RICHARD GUY; all others similarly situated, Petitioners v. COMMONWEALTH DEPARTMENT OF CORRECTIONS; MARTIN F. HORN, SECRETARY; HONORABLE THOMAS RIDGE, GOVERNOR; ROBERT BITNER, CHIEF HEARING EXAMINER, Respondents. No. 901 M.D. 1998.Commonwealth Court of Pennsylvania.Submitted: June 12, 2002. Filed: December 5, 2002. Page 919 [EDITORS’ […]

460 A.2d 1231 Suzanne M. Hess, Petitioner v. Commonwealth of Pennsylvania, Public School Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1983 June 10, 1983. Public School Employes’ Retirement Board — Designation of beneficiary — Written change. 1. Statutory requirements that the beneficiary of retirement benefits administered by the Public School Employes’ Retirement […]

389 A.2d 979 Deborah Weir, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued January 29, 1985 March 26, 1985. Unemployment compensation — Fair hearing — Evidence by telephone. 1. Evidence may in some circumstances be received in an unemployment compensation case by telephone conference call, but the taking […]

Edward HEPLER, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (PENN CHAMP/BISSEL, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 23, 2005. Decided January 11, 2006. Reargument Denied February 24, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A04-1076. Samuel S. Blaufeld and Barbara E. Holmes, Pittsburgh, for petitioner. Francis A. Veltri, Wexford, for respondent. […]

362 A.2d 482 Richard Lundvall, Caroline Buck, Lewis Dougherty, Martha Eppley, Catherine Flowers, Isaiah Harley, Harold Hengst, Jane Hoffman, Ned Hoffmeister, Kae Holmes, Christine Kelley, J. A. Judge, James Imler, Virginia Kirssin, James Lange, Virginia Pheasant, Barbara Purcell, John Orris, Clyde Rohland, Jean Romberger, Louise Russell, Philip Schmelzle, June Seeds, Florence Sommerville, Charles Stoops, Caroline […]

512 A.2d 761 Comfort Pitts, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1986 July 8, 1986. Public assistance — Eligibility — Trust funds — Regulations — Reasonable effort — Reimbursement rights. 1. Regulations of the Department of Public Welfare which require a public assistance recipient to […]

437 A.2d 1308 Robert E. Anderson and Dorothy A. Anderson, his wife, Appellants v. Board of Supervisors of Price Township, Monroe County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 20, 1981 December 22, 1981. Subdivision — Scope of appellate review — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Deed restrictions. […]

875 A.2d 415 Monessen, Inc., Petitioner, v. Workers’ Compensation Appeal Board (Fleming), Respondent. No. 2204 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: March 18, 2005. Filed: May 27, 2005. BEFORE: COLINS, President Judge; LEADBETTER, Judge; SIMPSON, Judge. OPINION BY Judge SIMPSON. In this appeal, we are asked whether the Workers’ Compensation Appeal Board (Board) exceeded its authority […]

277 A.2d 191 B. R. Donolow Enterprises, Inc. v. Walter B. Lang, C. Robert Budd, William B. Blake, The Board of Assessment and Revision of Taxes of the County of Dauphin. Commonwealth Court of Pennsylvania.Argued April 15, 1971 May 5, 1971. Taxation — Real estate taxes — Assessment appeals — Procedure — Burden of coming […]

660 A.2d 245 HOLLIDAYSBURG AREA SCHOOL DISTRICT TAX COLLECTORS Lynn Johnston, Harry Hileman, Ellen Matthews, Emily Padamonsky, Uaxine Slagle and Rickey Ritchey, Appellants, v. HOLLIDAYSBURG AREA SCHOOL DISTRICT and Hollidaysburg Area School Board. Commonwealth Court of Pennsylvania.Argued March 15, 1995. Decided June 15, 1995. Appeal from the Court of Common Pleas, Blair County, No. 1993 […]

512 A.2d 1301 Dana W. Gangewere, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Architects Licensure Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 15, 1986 July 14, 1986. Pennsylvania State Architects Licensure Board — Suspension of architect’s license — Architect’s Law, Act of July 12, 1919, P.L. 933 — Repealed statute — Architects Licensure Law, Act […]

422 A.2d 1181 Herman Yudacufski, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1980 November 3, 1980. Eminent domain — Change of venue — Issues not preserved in motion for new trial — Pa. R.A.P. 302 — Scope of appellate review — Abuse of discretion — Error of […]

580 A.2d 909 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Benjamin Howard EMERY, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs July 6, 1990. Decided September 26, 1990. Appeal from the Court of Common Pleas, Allegheny County, No. SA 2761 of 1989, Raymond L. Scheib, J. Page 275 [EDITORS’ NOTE: THIS […]

Joseph PILCHESKY, Petitioner v. Edward RENDELL, Governor, State Senator Robert Mellow, Democratic Caucus Leader, Representative Wm. DeWeese, House Majority Leader, Pa. State Senate President Pro Tempore, Joseph Scarnati, House of Representatives Speaker of the House, Dennis O’Brien, City Counsel of the City of Scranton, Mayor Chris Doherty of City of Scranton, The University of Scranton, […]

480 A.2d 341 Charles A. Pierce, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. December 16, 1983. Department of Public Welfare — Public assistance lien — Refund of lien satisfaction payment. 1. A recipient of public welfare against whose property a valid lien has been imposed by the Department […]

764 A.2d 108 JAMES W. KNIGHT v. ELIZABETH FORWARD SCHOOL DISTRICT, Appellant. No. 290 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: November 4, 1999. Filed: December 18, 2000. Page 109 Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Joseph F. McCloskey, Senior Judge. OPINION BY PRESIDENT JUDGE DOYLE. The Elizabeth Forward School […]

765 A.2d 1183 THOMAS TLOCZYNSKI, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (JOHN F. MILES, CO., INC.), Respondent. No. 770 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: July 14, 2000. Filed: January 18, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION JUDGE SMITH Thomas Tloczynski (Petitioner) petitions […]

Comm. of PA, Dept. of Trans v. Keyes. No. 1082CD10.Commonwealth Court of Pennsylvania. April 13, 2011. Appeal from the Philadelphia County 3700 March Term 2010. Decisions Without Published Opinions Reversed.

684 A.2d 673 Julia MOREY, widow of John Morey, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BETHENERGY MINES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted August 16, 1996. Decided October 31, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A95-1412. Page 674 Smith, J., dissented. Blair V. Pawlowski, for Petitioner. John J. Bagnato, for Respondent. Before […]

335 A.2d 851 A. P. Orleans; Marvin Orleans; Bernard Flitter; Philip F. Newman; Bernard Flitter and Leonard Caplan, Executors of the Estate of Morris Caplan; and Sylvia S. Toll, v. The Melrose Park Improvement Association, Appellant. Commonwealth Court of Pennsylvania.Argued February 3, 1975 March 31, 1975. Zoning — Pennsylvania Municipalities Planning Code, Act 1968, July […]

829 A.2d 1238 Carla Lencovich, Petitioner v. Bureau of Professional and Occupational Affairs, Respondent. No. 2349 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: June 13, 2003. Filed: August 12, 2003. Page 1239 Lisa A. Welkey, Pittston, for petitioner. Denise Miller-Tshudy, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge; COHN, Judge; JIULIANTE, Senior Judge. OPINION BY Judge COHN. This is […]

525 A.2d 864 Della Farber, Appellant v. Betty L. Engle and Frank Engle, h/h and Consolidated Rail Corporation and City of Philadelphia and Commonwealth of Pennsylvania, Appellees. Della Farber, Appellant v. Frank Engle and Betty L. Engle, his wife, and Consolidated Rail Corporation and City of Philadelphia and Commonwealth of Pennsylvania, Appellees. Commonwealth Court of […]

675 A.2d 817 Beverly DUBLIN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (UNITED COMMUNITY HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1996. Decided May 3, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A93-3569. Page 818 Lawrence P. Lutz, for Petitioner. Richard E. Bordonaro, for Respondent. Before COLINS, President Judge, and DOYLE, SMITH, PELLEGRINI, […]

789 A.2d 866 Darlene Powell, Petitioner v. Workers’ Compensation Appeal Board (Community Dialysis Center), Respondent. No. 1504 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: November 9, 2001. Filed: January 8, 2002. Page 867 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION SENIOR JUDGE FLAHERTY Darlene Powell (Claimant) petitions for […]

PENLLYN GREENE ASSOCIATES, L.P. and The Nolen Group, Inc. v. Randall CLOUSER John Schwarzenbach Appeal of Randall Clouser. Commonwealth Court of Pennsylvania.Argued November 14, 2005. Decided December 28, 2005. Appeal from the Court of Common Pleas, Montgomery County, No. 03-05478, Hodgson, J. Page 425 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

320 A.2d 848 Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Meadville Cooperative Association, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1974 June 7, 1974. Eminent domain — Damages — Comparable property — Sale price — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Evidence — Offer of proof — Relevance — […]

413 A.2d 790 Frank E. Arrington, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 30, 1980. Unemployment compensation — Wilful misconduct — Encouraging wildcat work stoppage — Burden of proof — Substantial evidence — Unemployment Compensation Law, Act of 1936, December 5, P.L. (1937) 2897 — Conflicting […]

439 A.2d 841 Elizabeth B. Vavro, Widow of Method F. Vavro, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Bethlehem Mines, Respondents. Commonwealth Court of Pennsylvania.Argued September 17, 1981 December 29, 1981. Workmen’s compensation — Burden of proof — Scope of appellate review — The Pennsylvania Workmen’s Compensation Act, Act of June 2, […]

537 A.2d 896 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. David Laird, Appellee. Commonwealth Court of Pennsylvania. February 9, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law — Collateral attack. 1. In […]

673 A.2d 1015 YELLOW CAB COMPANY OF PITTSBURGH, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1995. Decided March 21, 1996. Page 1016 Ray F. Middleman, for Petitioner. Janet M. Sloan, Assistant Counsel, for Respondent. Before DOYLE and SMITH, JJ., and MIRARCHI, Jr., Senior Judge. SMITH, Judge. Yellow Cab Company […]

869 A.2d 1049 Donald Fordyce, Appellant v. Clerk of Courts, Forest County. No. 1957 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: November 12, 2004. Filed: February 7, 2005. Order Filed: April 7, 2005. ORDER COLINS, President Judge. NOW, April 7, 2005, having considered appellee’s petition for reargument before the Court en banc, the petition is denied. Before: […]

531 A.2d 85 Newcomer Trucking, Inc. v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued May 19, 1987. September 15, 1987. Pennsylvania Public Utility Commission — Violation of certificate of public convenience — Amount of fine — Public Utility Code, 66 Pa. C. S. § 3301 — Legislative intent — Excessive penalty — Scope […]

583 A.2d 512 Oscar JONES and Marcella Jones, his wife, Appellants, v. PORT AUTHORITY OF ALLEGHENY COUNTY, Appellee. Commonwealth Court of Pennsylvania.Argued October 1, 1990. Decided December 4, 1990. Appeal from the Common Pleas Court, Allegheny County No. G.D. 87-07190, Ralph H. Smith, Jr., J. Page 446 James J. Lestitian, Pittsburgh, for appellants. Michael E. […]

684 A.2d 237 In re PRIVATE ROAD, COGAN TOWNSHIP, LYCOMING COUNTY, PA. Bruce E. EMIG and Cindy R. Emig, His Wife v. BOBST MOUNTAIN HUNTING CLUB and Perry I. Adelson and Kay A. Adelson, His Wife, and Russell G. Kimura and F. Denise Hamby, His Wife Bobst Mountain Hunting Club, Appellant. Commonwealth Court of Pennsylvania.Argued […]

654 A.2d 109 David M. GRAY, Jr., Appellant v. Paul H. LOGUE and Nancy Logue, trading and doing business as Farmers Hardware and Bedford Borough, a municipal corporation, and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth Court of Pennsylvania.Submitted on Briefs: October 5, 1994. Decided: January 9, 1995. Appeal from the Court of Common Pleas, […]

633 A.2d 234 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING v. Charles Lee PATTON, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs July 9, 1993. Decided October 27, 1993. Appeal from the Court of Common Pleas, Washington County, No. 92-3935, Terputac, J. Page 352 Thomas J. Graham, for appellant. Timothy P. Wile, Asst. […]

798 A.2d 295 School District of the City of York, Petitioner v. Lincoln-Edison Charter School, Respondent. No. 1710 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: April 9, 2002. Filed: May 8, 2002. Page 296 Gregory H. Gettle, York, for petitioner. Daniel M. Fennick, York, for respondent. Before: Honorable Dan Pellegrini, Judge; Honorable Mary Hannah Leavitt, Judge; Honorable […]

557 A.2d 801 J. S., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1989. April 14, 1989. Department of Public Welfare — Child abuse report expungement — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence […]

459 A.2d 877 Dona Jean Shoenhair, R. N., Petitioner v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs and The State Board of Nurse Examiners, Respondents. Commonwealth Court of Pennsylvania.Argued February 3, 1983 May 9, 1983. Professional licensing — Nursing — Revocation — Collateral attack. 1. A nurse challenging the revocation […]

450 A.2d 1086 Borough of Youngsville, Appellant v. Zoning Hearing Board of the Borough of Youngsville, Robert Matteo and Rosalie Matteo, Appellees. Commonwealth Court of Pennsylvania.Argued May 3, 1982 October 6, 1982. Zoning — Nonconforming use — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact — Substantial […]

370 A.2d 747 Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. J. W. Bishop Co., Inc., Defendant. Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 17, 1977. Limitation of actions — Actions by the Commonwealth. 1. A statute of limitations will not run against the Commonwealth unless the statute expressly provides otherwise. [286-7] Page 286 […]

512 A.2d 59 Pine Haven Residential Care Home, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1986 June 3, 1986. Department of Public Welfare — Revocation of boarding home license — Scope of appellate review — Findings of fact — Substantial evidence — Deficiencies — Untimeliness of […]

278 A.2d 365 Commonwealth of Pennsylvania v. Elizabeth J. Miranov. Commonwealth Court of Pennsylvania.Argued April 19, 1971 June 2, 1971. Motor Vehicles — Operator’s License suspension — The Vehicle Code, Act 1959, April 29, P. L. 58 — Evidence. 1. A Court of Common Pleas may not reverse the action of the Secretary of Transportation […]

503 A.2d 503 Elmer Johnson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1985 January 23, 1986. Unemployment compensation — Credibility — Conflicting evidence — Power of Unemployment Compensation Board of Review. 1. Although the Unemployment Compensation Board of Review may not have heard the evidence […]

532 A.2d 68 Rae Ratner v. Day by Day Enterprises, Inc., et al. and Philadelphia Electric Company and City of Philadelphia. Philadelphia Electric Company, Appellant. Commonwealth Court of Pennsylvania.Argued February 26, 1987. October 14, 1987. Municipalities — Sidewalk injuries — Joinder — Pa. R.C.P. No. 2252 — Secondary liability — Judicial Code, 42 Pa. C. […]

322 A.2d 140 Stephanie Caddy, Appellant, v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1974 July 10, 1974. Public assistance — Scope of appellate review — Error of law — Substantial evidence — Federal funding — Federal standards — Medical assistance — Social Security Act, 42 U.S.C. § […]

398 A.2d 760 Jones Laughlin Steel Corp., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Joseph Garnic and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued November 3, 1978 March 12, 1979. Workmen’s compensation — Anthracosilicosis — Date of disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Apportionment […]

706 A.2d 383 COMMUNITY GENERAL OSTEOPATHIC HOSPITAL, APPELLANT v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS, County of Dauphin, Lower Paxton Township and Central Dauphin School District. COMMUNITY GENERAL OSTEOPATHIC HOSPITAL v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS, County of Dauphin, Lower Paxton Township and Central Dauphin School District. Appeal of County of Dauphin, Appellant. Commonwealth […]

ASSOCIATED RUBBER, INC., Petitioner v. PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. No. 2045 C.D. 2004.Commonwealth Court of Pennsylvania.Argued November 13, 2006. Decided January 3, 2007. Reargument Denied February 21, 2007. Appeal from the Commonwealth Court, No. 2045 CD. 2004, Pellegrini, J. Page 690 Christopher T. Moyer, Philadelphia, for petitioner. Michael Hardiman, Chief Counsel, Harrisburg, for respondent. […]

312 A.2d 115 Paxon Maymar, Inc., Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1973 November 27, 1973. Liquor — Liquor licenses — Denial of liquor license application — Liquor Code, Act 1951, April 12, P. L. 90 — Highway danger — Local option — Municipal golf […]

406 A.2d 1227 Metalstand Furniture Manufacturing Co. and Public Service Mutual Ins. Co., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Alfred Ackiewicz, Respondents. Commonwealth Court of Pennsylvania.Argued October 3, 1979 October 26, 1979. Workmen’s compensation — Evidence — Hearing — Credibility. 1. The Workmen’s Compensation Appeal Board is powerless to order the […]

IN RE RECANVASS OF CERTAIN VOTING MACHINES AND ABSENTEE BALLOTS FOR THE DEMOCRATIC PRIMARY ELECTION FOR CANDIDATES FOR COUNSEL FOR THE CITY OF MONESSEN IN RE WESTMORELAND COUNTY IN RE EVANCHO IN RE ELECTION OF DEMOCRATIC NOMINEES FOR CITY COUNCILMAN FOR THE CITY OF MONESSEN. 1519CD05.Commonwealth Court of Pennsylvania. September 30, 2005. Appeal from Westmoreland […]

PENN STATE UNIVERSITY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SMITH), Respondent. No. 630 C.D. 2010.Commonwealth Court of Pennsylvania.Argued November 9, 2010. Decided February 22, 2011. Page 950 Richard E. Bordonaro, Erie, for petitioner. Kelly J. Dollins, Washington, for respondent. BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge. OPINION BY Judge BROBSON. Petitioner […]

343 A.2d 706 Pennsylvania Parent Assistance Authority v. Grace Sloan, Treasurer of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued August 5, 1975 September 4, 1975. Injunction — Parent Reimbursement Act for Nonpublic Education, Act 1971, August 27, P.L. 358 — Transfer of funds — Act of 1975, June 28, P.L. ___ No. 18 — […]

440 A.2d 690 Keith Tomkiel, Appellant v. Tredyffrin Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued November 19, 1981 February 4, 1982. Policemen and firemen — Conduct unbecoming an officer — Public misconduct — Private family disputes. 1. A municipal police officer may properly be found to be guilty of conduct unbecoming an officer […]

788 A.2d 1107 Frank Voss, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 315 M.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 14, 2001. Filed: December 13, 2001. Page 1108 Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION JUDGE SMITH The Pennsylvania Board of Probation […]

372 A.2d 1230 E. Adrians Ozolins, Petitioner v. Department of Education of Pennsylvania and Francis Hamblin, President, Lock Haven State College, Respondents. Commonwealth Court of Pennsylvania.Argued March 11, 1977 May 10, 1977. Appeal — Timeliness — Pa. R.A.P. 1512(a) — Mailing — Extension of appeal period — Misinformation. 1. Under Pa. R.A.P. 1512(a) a petition […]

512 A.2d 1335 Fuller Company and National Union Fire Insurance Company of Pittsburgh, Insurance Carrier, Petitioners v. Workmen’s Compensation Appeal Board (Colon), Respondents. Commonwealth Court of Pennsylvania.Argued May 12, 1986 July 24, 1986. Workmen’s compensation — Disfigurement — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736. 1. […]

491 A.2d 299 Maureen A. Doerr, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued October 18, 1984 April 18, 1985. Civil service — Burden of proof — Civil Service Act, Act of August 5, 1941, P.L. 752 — Scope of appellate review — Findings of fact — Substantial evidence […]

Carter v. Abbottstown Paradise Joint Sewer Authority. Nos. 983CD07, 1075CD07.Commonwealth Court of Pennsylvania. January 24, 2008. Appeal from the Adams County No. 2004-N-372. Decisions without Published Opinions Affirmed Vacated and Remanded.

DICK v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 769CD04.Commonwealth Court of Pennsylvania. December 14, 2004. Appeal from the Butler County, Ms.D. No. 04-40008. Decision without published opinion. Affirmed.

The PHILADELPHIA HOUSING AUTHORITY, Appellant v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 33, LOCAL 934. Commonwealth Court of Pennsylvania.Argued November 16, 2005. Decided June 20, 2006. Appeal from the Court of Common Pleas, Philadelphia County, No. 002280, August Term 2004, Carrafiello, J. Page 1044 Mary Theresa Metzler, Philadelphia, for appellant. Samuel […]