Category: Pennsylvania Commonwealth Court Opinions

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.

305 A.2d 62 Staneco Corporation, et al. v. Davis, et al. Commonwealth Court of Pennsylvania.Argued May 11, 1973 May 25, 1973. Workmen’s compensation — Conflicting evidence — Discretion of Workmen’s Compensation Appeal Board — Remand — Mistaken assumption — Orders — Specificity — Medical bills — Record — Judgment. 1. While in a workmen’s compensation […]

679 A.2d 1361 COMMONWEALTH of Pennsylvania, v. Efraim FONTANEZ, Appellant. Commonwealth Court of Pennsylvania.Argued January 31, 1994. Decided July 16, 1996. Appeal from the Court of Common Pleas, Philadelphia County, No. Misc. Action 89-002734, McCrudden, J. Page 1362 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

George LUVINE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ERISCO INDUSTRIES), Respondent. No. 681 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs July 8, 2005. Decided August 23, 2005. Appeal from the Worker’s Compensation Appeal Board, No. A04-1539. Page 73 Kevin W. Barron, Erie, for petitioner. Thomas D. Gladden, Pittsburgh, for respondent. BEFORE: FRIEDMAN, J., LEADBETTER, J., […]

603 A.2d 218 ZINC CORPORATION OF AMERICA and Pacific Employers Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (BYERS, Jr. and St. Joe Minerals Corporation), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs August 31, 1991. Reargument Denied March 24, 1991. Decided January 28, 1992. Appeal from the Workers’ Compensation Appeals Board, No. A89-1414. Page 222 […]

361 A.2d 494 Sarah Unger, Appellant v. Hampton Township Sanitary Authority, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1976 June 21, 1976. Eminent domain — Timelines of appeal from viewer’s report — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Commencement of appeal period — Filing — Mailing viewer’s report to party. 1. […]

TIMMY’S CORPORATION, Appellant v. PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT. No. 541 C.D. 2009.Commonwealth Court of Pennsylvania.Argued May 18, 2010. Decided June 10, 2010. Appeal from the Court of Common Pleas, Philadelphia County, No. 3869 April Term 2008, Di Vito, J. Page 420 Stewart J. Berger, Philadelphia, for appellant. Erik S. Shmukler, Asst. […]

958 A.2d 582 Alphonso SANDERS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 782 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: September 5, 2008. Decided: October 9, 2008. Appeal from the Board of Probation and Parole, Parole No. 6694-W. James M. McClure, Asst. Public Defender, Huntingdon, for petitioner. Arthur R. Thomas, Asst. Counsel […]

538 A.2d 614 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. William Hugh Cochrane, Appellee. Commonwealth Court of Pennsylvania. March 1, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of chemical test — Scope of appellate review — Findings of fact — Error of law — Abuse […]

578 A.2d 1372 Lucreta P. RUBIN, Appellant, v. The ZONING HEARING BOARD OF MILLCREEK TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued June 15, 1990. Decided August 16, 1990. Reargument Denied September 19, 1990. Appeal from the Court of Common Pleas, Erie County, No. 2278 A 1989, John A. Bozza, J. Michael G. Nelson, Erie, for appellant. […]

935 A.2d 936 Bd. of Control of The Hbg. School Dist. v. Wilson. No. 2096CD06.Commonwealth Court of Pennsylvania. November 9, 2007. Appeal from the Dauphin County 2006 CV 3443 EQ. Decisions Without Published Opinions Reversed.

481 A.2d 1383 Carol A. Ortiz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 27, 1984. Unemployment compensation — Failure to attend hearing — Request to reopen — Decision on the merits. 1. Under procedural rules of the Unemployment Compensation Board of Review, a claimant failing to […]

625 A.2d 132 Kennard E. HENLEY and Betty J. Henley d/b/a Towerview Farms, Appellants, v. The ZONING HEARING BOARD OF WEST FALLOWFIELD TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued November 19, 1992. Decided April 29, 1993. Appeal from the Court of Common Pleas, Chester County, No. 91-01227, Thomas G. Gavin, J. Page 307 [EDITORS’ NOTE: THIS […]

666 A.2d 352 APPEAL OF THE CITY OF WASHINGTON FROM ACTION OF THE BOARD OF ASSESSMENT APPEALS OF WASHINGTON COUNTY, PENNSYLVANIA, ON PROPERTY SITUATE IN THE CITY OF WASHINGTON v. BOARD OF ASSESSMENT APPEALS OF WASHINGTON COUNTY, PENNSYLVANIA, and WASHINGTON JEFFERSON COLLEGE, Appellants. Commonwealth Court of Pennsylvania.Argued March 15, 1995. Decided September 15, 1995. Appeal […]

762 A.2d 779 TOWNSHIP OF LOWER MERION v. QED, INC., Appellant. No. 586 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: June 2, 2000. Filed: November 20, 2000. Page 780 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 781 Albert C. Oehrle, Norristown, for appellant. […]

726 A.2d 1 LOUISE NORRIS, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (HAHNEMANN HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 12, 1998. Decided January 21, 1999. Reargument Denied March 30, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A95-4144. Patrick M. Donan, Philadelphia, for petitioner. Geoffrey D. Lawrence, Philadelphia, for respondent. Before: DOYLE, […]

405 A.2d 1320 Karen Kudasik, Appellant v. Board of Directors, Port Allegany School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1979 August 29, 1979. Schools — Dismissal of temporary professional employe — Local Agency Law, Act 1968, December 2, P.L. 1133 — Findings of fact. 1. Provisions of the Local Agency Law, Act 1968, […]

613 A.2d 662 John MIRKOVIC, Appellant, v. ZONING HEARING BOARD OF SMITHFIELD TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued June 15, 1992. Decided August 6, 1992. Appeal from the Court of Common Pleas, Monroe County, No. 1247 Civil 1990, Ronald E. Vican, J. Page 588 David A. Martino, for appellant. Daniel M. Corveleyn, for appellee. Before […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Chat-field. No. 571CD10.Commonwealth Court of Pennsylvania. May 11, 2011. Appeal from the Philadelphia County 2862 Jan. Term 2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Reversed

466 A.2d 302 Manfred R. Hauptmann, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1983 October 18, 1983. Civil service — Estoppel — Appeal — Performance Evaluation Report. 1. A person must have been induced to relax his vigilance by some affirmative fraud, deception or concealment of fact […]

395 A.2d 296 Edward Silver, Individually, and Paul Pavlides, Individually, and as Trustee Ad Litem of the Non-Residents Taxpayers Association of Pennsylvania and New Jersey, and others similarly situated, Appellants v. Frank L. Rizzo, Mayor of the City of Philadelphia, and Lennox Moak, Director of Finance, and Charles E. Dorfman, Revenue Commissioner, Appellees. Commonwealth Court […]

647 A.2d 299 Randy E. McQUAIDE, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs July 1, 1994. Decided August 19, 1994. Appeal from the Court of Common Pleas of Cambria County, No. 1993-2544, Long, President Judge. Page 684 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

457 A.2d 584 Commonwealth of Pennsylvania, Pennsylvania State Police, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission and Phyllis M. Sweeting, Respondents. Commonwealth Court of Pennsylvania.Argued November 16, 1982 March 11, 1983. Employment discrimination — Scope of appellate review — Due process — Counsel — Rulemaking — Handicapped or disabled person — Rehabilitation Act […]

555 A.2d 256 Board of Supervisors of Upper Southampton Township v. The Zoning Hearing Board of Upper Southampton Township. Schiller-Pfeiffer Machine Works Division, Belmont Industries, Appellant. Commonwealth Court of Pennsylvania.Argued: December 12, 1988. March 9, 1989. Zoning — Variance — Expansion of nonconforming use — Scope of appellate review — Error of law — Abuse […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Hamilton. No. 1943CD07.Commonwealth Court of Pennsylvania. February 26, 2008. Appeal from the Franklin County 2007-2483. Decisions Without Published Opinions Reversed.

506 A.2d 522 Scott M. Shoyer and Jan R. Shoyer v. City of Philadelphia and Fairmount Park Commission and Conrail and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued December 13, 1984 March 20, 1986. Tort — Discovery — Pennsylvania Rule of Civil Procedure 4003.1 — 75 Pa. C. […]

681 A.2d 222 LIGONIER TAVERN, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (WALKER), Respondent. Commonwealth Court of Pennsylvania.Argued March 11, 1996. Decided July 26, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-0440. Page 223 William J. Ober, for Petitioner. Kenneth B. Burkley, for Respondent. Before McGINLEY and FLAHERTY, JJ., and RODGERS, Senior Judge. […]

642 A.2d 555 Allen PICKERING, Sr. and Allen Pickering, Jr., Appellants, v. Robert SACAVAGE and Francis Bower. Larry SPARANO, Appellant, v. Robert SACAVAGE. Commonwealth Court of Pennsylvania.Argued April 15, 1994. Decided May 17, 1994. Petition for Allowance of Appeal Denied December 5, 1994. Appeal from the Common Pleas Court of Northumberland County, No. CV-92-614, Naus, […]

974 A.2d 1225 TECH ONE ASSOCIATES, Appellant v. BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW of Allegheny County, West Mifflin Borough and West Mifflin Area School District. Commonwealth Court of Pennsylvania.Argued: May 6, 2009. Decided: June 1, 2009. Page 1226 Appeal from the Court of Common Pleas, Allegheny County, No. BV02-002742, Wettick, Jr., J. John […]

372 A.2d 498 Canon-McMillan School District, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission ex rel. Virginia Davis, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1977 April 26, 1977. Human relations — Sex discrimination — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — Family medical coverage — Head of household — […]

439 A.2d 1271 John Perseo, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania. December 31, 1981. Preliminary objections — Standing — Public contract. 1. In disposing of preliminary objections, the Commonwealth Court of Pennsylvania accepts as true all well-pleaded facts and all inferences which may be reasonably deducted therefrom. [563] […]

856 A.2d 908 In re Nomination Paper of Ralph NADER and Peter Migues Camejo as Candidates of an Independent Political Body for President and Vice President in the General Election of November 2, 2004. Linda S. Serody, Roderick J. Sweets, Ronald Bergman, Richard Trinclisti, Terry Trinclisti, Bernie Cohen-Scott, Donald G. Brown and Julia A. O’Connell, […]

387 A.2d 164 Louis Marco, Appellant v. Montgomery County Intermediate Unit No. 23. Commonwealth Court of Pennsylvania.Argued April 3, 1978 May 31, 1978. Schools — Suspension of professional employe — Reduction in enrollment — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Seniority — Certification — Invalid certificate. 1. When the […]

819 A.2d 604 Leatherwood, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Protection; The Commissioners of Jefferson County; The Jefferson County Solid Waste Authority; The Clearfield-Jefferson Counties Regional Airport Authority; and Pinecreek Township, Respondents. No. 807 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: February 3, 2003. Filed: March 18, 2003. Page 605 [EDITORS’ NOTE: THIS PAGE […]

302 A.2d 886 Commonwealth v. National Gettysburg Battlefield Tower, Inc., et al. Commonwealth Court of Pennsylvania.Argued December 6, 1972 April 3, 1973. Environmental law — Use of property — Police power — Constitution of Pennsylvania, Article I, Sections 1, 10 and 27 — Constitution of the United States, Fourteenth Amendment — Clean air — Pure […]

635 A.2d 691 STATEWIDE BUILDING MAINTENANCE, INC. and Kathy McCafferty, Petitioners, v. PENNSYLVANIA CONVENTION CENTER AUTHORITY, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1993. Decided December 16, 1993. Page 545 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 546 Bruce S. Marks, […]

John B. PACELLA, Appellant v. WASHINGTON COUNTY TAX CLAIM BUREAU and E.D. Lewis. No. 429 C.D. 2010.Commonwealth Court of Pennsylvania.Argued November 8, 2010. Decided December 23, 2010. Appeal from the Court of Common Pleas, Washington County, No. 2009-9963. Page 423 Gary M. Scoulos and Richard DiSalle, Pittsburgh, for appellant. Blane A. Black, Monongahela, for appellee […]

644 A.2d 240 In re: PETITION OF DISTRICT ATTORNEY OF WYOMING COUNTY SEEKING FORFEITURE OF ONE 1986 OLDSMOBILE SEDAN; One Audio Vox Mobile Telephone, and $571.30 in U.S. Currency. Appeal of Thomas J. GUILLORN, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided June 14, 1994. Appeal from the Court of Common Pleas, Wyoming […]

669 A.2d 460 CITY OF PHILADELPHIA, Philadelphia Police Department, Appellant, v. PHILADELPHIA BOARD OF LICENSE AND INSPECTION REVIEW, use of Matthew J. Craddock. CITY OF PHILADELPHIA, Appellant, v. BOARD OF LICENSE AND INSPECTION REVIEW and David J. McCool. CITY OF PHILADELPHIA, Appellant, v. BOARD OF LICENSE AND INSPECTION REVIEW and Howard Radwill. CITY OF PHILADELPHIA, […]

416 A.2d 1139 Douglas I. Dinberg, Appellant v. Oil City Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 8, 1980 June 30, 1980. Schools — Sabbatical leave — Transfer to another school — Same teaching position — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Waiver — Collective bargaining agreement […]

447 A.2d 1094 Marion Myers, Petitioner v. Workmen’s Compensation Appeal Board (Firestone Tire Rubber Company), Respondents. Firestone Tire Rubber Company, Petitioner v. Workmen’s Compensation Appeal Board (Marion Myers), Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1982 July 23, 1982. Workmen’s compensation — Causation — Medical evidence. 1. In a workmen’s compensation case where the causal […]

437 A.2d 465 Michael A. Lamanna, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Canterbury Coal Company, Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1981 November 23, 1981. Workmen’s compensation — Medical opinion — Impartial medical witness — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736. 1. In a […]

592 A.2d 794 Michelle TAYLOR, Appellant, v. CITY OF PHILADELPHIA, Appellee. Commonwealth Court of Pennsylvania.Argued December 4, 1990. Decided June 3, 1991. Appeal from the Common Pleas Court, Philadelphia County, 4308 August Term 1989, Ethan Allen Doty, J. Page 265 Attarah B. Feenane, Philadelphia, for appellant. Audrey Greenhall, Philadelphia, for appellee. Before SMITH and BYER, […]

954 A.2d 769 Skye Crystal LASTELLA, Ph.D., Petitioner v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE BOARD OF PSYCHOLOGY, Respondent. No. 128 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs May 30, 2008. Filed: August 12, 2008. Appeal from the review of order of Board of Psychology. Page 770 G. Thomas Miller, Dillsburg, for petitioner. Judith […]

533 A.2d 1144 James Lyons, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 3, 1987. Unemployment compensation — Wilful misconduct — Burden of proof — Absences — Reporting policy — Notice of policy — Hearsay. 1. In an unemployment compensation case the burden is upon the employer […]

DUBOIS DUTCH, LLC v. John A. GUIDO, Appellant. John A. Guido, Appellant v. Dubois Dutch, LLC. Nos. 1152, 1153 CD. 2007.Commonwealth Court of Pennsylvania.Argued:: October 9, 2007. Decided: December 28, 2007. Reargument Denied: February 13, 2008. Appeal from the Court of Common Pleas of the County of Clearfield, Nos. 99-160-CD, 99-263-CD; Fredric J. Ammerman, President […]

781 A.2d 212 Anthony Price, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1597 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 15, 2001. Filed: July 23, 2001. Page 213 Before: Honorable Bernard L. Mcginley, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION SENIOR JUDGE JIULIANTE Anthony Price (Petitioner) petitions […]

755 A.2d 112 DEBRA ZUVER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BROWNING FERRIS INDUSTRIES OF PA, INC.), Respondent. No. 2935 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: May 12, 2000. Filed: July 5, 2000. Appeal from the Workers’ Compensation Appeal Board. Thomas J. Graham, Washington, for petitioner. Gary M. Scoulos, Pittsburgh, for respondent. Before: Honorable Dan Pellegrini, […]

651 A.2d 186 PENNSYLVANIA HUMAN RELATIONS COMMISSION, Petitioner, v. SCHOOL DISTRICT OF PHILADELPHIA, Respondent, and Harry and Annemarie Gwynne, ASPIRA of Pennsylvania, et al., Intervenors. Commonwealth Court of Pennsylvania. Decided November 28, 1994. Michael Hardiman, Asst. Chief Counsel, for petitioner. William H. Brown, III, for respondent. Michael Churchill and Patricia A. Lowe, for intervenors. Page […]

508 A.2d 630 Goettler Distributing, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 30, 1986. Unemployment compensation — Voluntary termination of employment — Health problems — Burden of proof. 1. An unemployment compensation claimant need only offer competent evidence to support a claim that health problems […]

275 A.2d 429 State Employes’ Retirement Board v. Adam T. Bower. Commonwealth Court of Pennsylvania.Argued January 20, 1971 March 24, 1971. State Employes’ Retirement Code of 1959, Act 1959, June 1, P. L. 392 — Retiring state employes — Options on retirement — Lump sums — Annuities — Change in retirement provisions while still employed […]

808 A.2d 310 Robert S. Hudock, Petitioner v. Pennsylvania Department of Public Welfare, Respondent. No. 2430 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 2, 2002. Filed: October 3, 2002. Page 311 Robert S. Hudock, petitioner, pro se. Rachel M. Meaker, Reading, for intervenor, Berks County Children Youth. Before: Honorable Rochelle S. Friedman, Judge; Honorable Bonnie Brigance […]

NORTH POCONO SCHOOL DISTRICT v. EI ASSOCIATES, INC. No. 2154CD05.Commonwealth Court of Pennsylvania. March 29, 2006. Appeal from Lackawanna County 1996 CV 4001. Decision without published opinion. Affirmed. Page 702

430 A.2d 384 Daria J. Mirkin, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1981 June 8, 1981. Unemployment compensation — Availability — Full-time student — Presumption — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Work history. 1. The presumption that […]

665 A.2d 865 Henry STEIBING, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CITY OF HAZLETON), Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1995. Decided September 29, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. Page 866 A93-1540. Bart E. Ecker, for petitioner. Page 867 Gillian T Bozik, for respondent. Before DOYLE and McGINLEY, JJ., and […]

748 A.2d 238Commonwealth Court of Pennsylvania. Barger v. Commissioners of Butler County ……………………… 2030CD99 2/25/2000 Butler County Affirmed AD 98-11158, CP 99-20197 Renninger v. Newtown Borough Zoning Hearing Board …………. 584CD99 2/25/2000 Bucks County Affirmed 988678-13-5 in Part and Reversed in Part Lewis v. Comm. ………………… 903CD97 2/29/2000 Philadelphia County Vacated and M.R. No. 95-990558 […]

CAREY v. WHITPAIN TWP. ZONING HEARING BOARD. No. 206CD05.Commonwealth Court of Pennsylvania. October 26, 2005. Appeal from Montgomery County, 04-02492. Decision without published opinion. Affirmed.

Cheryl EGAN and Christy Vanlouvender v. STROUDSBURG SCHOOL DISTRICT and George C. Bercier, Appeal of: Cheryl Egan. No. 1443 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs April 9, 2007. Decided June 28, 2007. Appeal from the Court of Common Pleas, Monroe County, No. 1363 Civil 2002, Miller, J. Rebecca A. Gonzalez, Stroudsburg, for appellant. Angela […]

277 A.2d 844 Olga O. Woodward v. Washington County Board of Elections Commonwealth Court of Pennsylvania.Argued May 5, 1971 May 17, 1971. Appeals — Supersedeas — Commonwealth Court Rule 112 — Notice of application for supersedeas — Petition for supersedeas filed simultaneously with appeal. 1. Under Commonwealth Court Rule 112, the determination whether the exigencies […]

373 A.2d 1183 James J. Barrett, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued April 4, 1977 June 7, 1977. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Credibility — Evidentiary weight — Unemployed businessman — […]

610 A.2d 525 James M. McMASTER, Petitioner v. DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1992. Decided May 27, 1992. Appeal from the Department of Community Affairs. Page 207 James M. McMaster, for petitioner. No appearance for respondent. Jan P. Paden, for intervenor, Township of Bensalem. Page 208 Before CRAIG, President […]

466 A.2d 1110 Charles W. Miller, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 24, 1983. Parole — Sentence. 1. The constitutionality of a sentence may not be challenged in a collateral proceeding before the Pennsylvania Board of Probation and Parole. [28] Submitted on briefs to […]

547 A.2d 523 Fleet Pizza, Inc., t/a Domino’s Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent. Fleet Pizza, Inc., t/a Domino’s Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent. S M Pizza, Ltd., t/a Domino’s Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 15, 1988. September 15, 1988. Taxation — Sales tax — […]

463 A.2d 120 Eugene A. Fleming et al. v. The Zoning Hearing Board of Haverford Township, Delaware County et al. John R. Williams and C. Jane Williams, Appellants. Commonwealth Court of Pennsylvania.Argued June 8, 1983 August 5, 1983. Argued June 8, 1983, before Judges WILLIAMS, JR., CRAIG and MacPHAIL, sitting as a panel of three. […]

330 A.2d 573 James L. McCann, Appellant, v. Commonwealth of Pennsylvania, James D. Barger, Commissioner, Pennsylvania State Police, Appellees. Commonwealth Court of Pennsylvania.Argued December 4, 1974 January 16, 1975. Court-martial — Pennsylvania State Police — Scope of appellate review — Substantial evidence — State Police Administrative Regulations — Promotion procedure — Power of the Commissioner […]

381 A.2d 1029 Judson Spencer, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 25, 1978. Pennsylvania Board of Probation and Parole — Preliminary objections — Demurrer — Regulations — Parole revocation hearing — Timeliness of hearing. 1. A demurrer admits as true all well pleaded material […]

367 A.2d 1144 In Re: Kronz Builders, Inc.; Kronz Builders, a corporation v. City of Pittsburgh, Department of Treasury, Joseph L. Cosetti, Treasurer. Kronz Builders, Inc., a corporation, Appellant. Commonwealth Court of Pennsylvania.Argued October 27, 1976 January 14, 1977. Taxation — Business privilege tax — Corporation of convenience — Local Tax Enabling Act, Act 1965, […]

417 A.2d 834 Redevelopment Authority of the City of Philadelphia, Appellant v. Kenton A. Little, Appellee. Commonwealth Court of Pennsylvania.Argued April 9, 1980 July 25, 1980. Eminent domain — Delay damages — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Timeliness of appeal — Failure to appeal. 1. A final order of a […]

882 A.2d 537 John T. WHISTLER, Jr. v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 442 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs August 12, 2005. Decided: September 9, 2005. Appeal from the Common Pleas Court, Cambria County, No. 2004-1438, Long, President Judge. Page 538 Timothy P. Wile, Asst. Counsel […]

450 A.2d 230 IN Re: Appeal of Chartiers Valley School District From Assessment of Property of Development Dimensions International, Inc. Commonwealth Court of Pennsylvania.Argued May 3, 1982 September 8, 1982. Appeals — Time of appeals — Second Class County Assessment Law, Act of June 21, 1939, P.L. 626 — Judicial Code, 42 Pa. C. S. […]

834 A.2d 1221 Samson Paper Company Fidelity Engraving, Petitioner v. Workers’ Compensation Appeal Board (Digiannantonio), Respondent. No. 883 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: August 15, 2003. Filed: October 30, 2003. Page 1222 Jeffrey D. Snyder, Philadelphia, for petitioner. Brian R. Steiner, Philadelphia, for respondent. BEFORE: COLINS, President Judge; McGINLEY, Judge; FLAHERTY, Senior Judge. OPINION BY […]

408 A.2d 1157 Robert E. Cook and Paula F. Cook and Puritan Oil Company, Inc. v. The Zoning Hearing Board of the Township of Ridley. Township of Ridley, Appellant. Commonwealth Court of Pennsylvania.Argued October 5, 1979 November 2, 1979. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Special […]

427 A.2d 737 Susan C. Heller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 2, 1981. Unemployment compensation — Wilful misconduct — Burden of proof — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Hearsay — Past recollection recorded — Substantial evidence. 1. […]

355 A.2d 611 Application of Commonwealth Telephone Company. Appeal of Mobilfone of Northeastern Pennsylvania, Inc. v. Pennsylvania Public Utility Commission and Commonwealth Telephone Company, Intervening Appellee. Mobilfone of Northeastern Pennsylvania, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued March 1, 1976 April 5, 1976. Public utilities — Timeliness of appeal — Public Utility Law, Act 1937, May […]

334 A.2d 318 Workmen’s Compensation Appeal Board and Mary Barta, Appellees, v. Envelope Manufacturing Association and Insurance Company of North America, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued February 7, 1975 March 25, 1975. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — […]

431 A.2d 1138 Nancy L. Miller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 1, 1981 July 8, 1981. Unemployment compensation — Voluntary termination of employment — Burden of proof — Discharge. 1. In an unemployment compensation case, whether or not a claimant’s unemployment is a result […]

935 A.2d 935 Klements v. Cecil Township. No. 2214CD06.Commonwealth Court of Pennsylvania. November 5, 2007. Appeal from the Washington County 2003-6361. Decisions Without Published Opinions Affirmed.

386 A.2d 173 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Paoli Construction Company, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1978 May 19, 1978. Public contract’s — Arbitration — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Omission from contract — Contract construction — Extra work. […]

489 A.2d 281 Garner P. Mitchell, deceased, Marian S. Mitchell, widow, Petitioner v. Workmen’s Compensation Appeal Board (4-J Harvestore), Respondents. Commonwealth Court of Pennsylvania.Argued December 14, 1984 March 8, 1985. Workmen’s compensation — Scope of appellate review — Burden of proof — Course of employment. 1. In a workmen’s compensation case, the scope of review […]

508 A.2d 621 Cynthia McCullough and Michael McCullough, her husband, Petitioners v. Workmen’s Compensation Appeal Board (Xerox Corporation, a corporation), Respondents. Commonwealth Court of Pennsylvania. April 29, 1986. Workmen’s compensation — Notice — Scope of appellate review. 1. In a workmen’s compensation case, whether notice of an injury has been given to the employer is […]

814 A.2d 1286 Conemaugh Memorial Medical Center, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 445 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: July 5, 2002. Filed: January 15, 2003. Page 1287 Ronald P. Carnevali, Jr., Johnstown, for petitioner. No appearance entered on behalf of respondent. Before: Honorable Dan Pellegrini, Judge; Honorable Mary Hannah Leavitt, Judge; […]

714 A.2d 522 Heather B. LABBETT, Appellant, v. PORT AUTHORITY OF ALLEGHENY COUNTY and Pennsylvania Department of Transportation. Commonwealth Court of Pennsylvania.Argued: June 8, 1998. Decided: July 6, 1998. As Amended: July 14, 1998. Page 523 Appeal from Court of Common Pleas, Allegheny County, No. GD 95-9099, Johnson, J. Michael R. Ford, Pittsburgh, for appellant. […]

COWELL v. PALMER TOWNSHIP. No. 745CD05.Commonwealth Court of Pennsylvania. October 19, 2005. Appeal from Northampton County, C0048-CV-2000-007604. Decision without published opinion. Affirmed.

936 A.2d 1252 Rhode v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 204CD06.Commonwealth Court of Pennsylvania. December 3, 2007. Appeal from the Delaware County 97-16429. Decisions Without Published Opinions Affirmed.

838 A.2d 831 Westinghouse Electric Corporation/ CBS, Petitioner v. Workers’ Compensation Appeal Board (Burger), Respondent. No. 2820 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: April 11, 2003. Filed: November 17, 2003. Order Filed: January 14, 2004. ORDER COLINS, President Judge. NOW, January 14, 2004 having considered Petitioner’s application for reargument before the Court en banc, and Respondent’s […]

396 A.2d 480 Bernard Katz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 January 17, 1979. Unemployment compensation — Findings of fact — Substantial evidence — Alcoholism — Control of drinking problem — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Fault […]

808 A.2d 327 The Friendship Preservation Group, Inc., a Pennsylvania Corporation, AZ, Inc., a Pennsylvania Corporation, D.B.A. Cafe Sam and Andrew Zins, an individual v. Zoning Board of Adjustment of the City of Pittsburgh and UPMC Shadyside Appeal of The Friendship Preservation Group, Inc., AZ Inc., and Andrew Zins. No. 508 C.D. 2001.Commonwealth Court of […]

516 A.2d 1318 Commonwealth of Pennsylvania, Bureau of Workers’ Compensation, Petitioner v. Workmen’s Compensation Appeal Board (Insurance Company of North America), Respondents. Commonwealth Court of Pennsylvania.Argued April 7, 1986 October 28, 1986. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Supersedeas Fund. 1. Under Section 443(a) of […]

447 A.2d 350 In Re: Application of The Family Style Restaurant, Inc. Frank Roda and The Lancaster County Tavern Owners Association, Appellants. Commonwealth Court of Pennsylvania.Argued February 4, 1982 July 9, 1982. Liquor licensing — Amendment — Statute of limitations — Corporations — Standing — Association. 1. An amendment to correct the name of a […]

667 A.2d 1224 Donald GRUBE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CONSOLIDATED SPECIALTIES), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 14, 1995. Decided December 4, 1995. Appeal from Workmen’s Compensation Appeal Board, No. A93-3487. Page 1225 Michael Y. McIntyre, for petitioner. Wilbur C. Creveling, Jr., for respondent. Before SMITH and FRIEDMAN, JJ. and NARICK, […]

381 A.2d 208 In re: Application of James J. DeLuca before the Zoning Hearing Board of West Goshen Township, Chester County, Pennsylvania. West Goshen Township, A Second Class Township in the County of Chester, William J. Twohig and The Chatwood Civic Association, Appellants. Commonwealth Court of Pennsylvania. December 27, 1977. Zoning — Bond — Pennsylvania […]

435 A.2d 663 Elizabeth B. Yurack, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 September 23, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) […]

395 A.2d 641 Royal Indemnity Company, Plaintiff v. Commonwealth of Pennsylvania, Department of Environmental Resources; the Township of Wilkins; Turnway Corporation; and Joseph Soffer and Violet Soffer, his wife, Defendants. Commonwealth Court of Pennsylvania.Argued November 3, 1978 December 19, 1978. Jurisdiction of the Commonwealth Court of Pennsylvania — Declaratory judgment — Indispensable party — Department […]