Category: Pennsylvania Commonwealth Court Opinions

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 […]

Diane STACKHOUSE, Appellant v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA STATE POLICE, Paul J. Evanko and Thomas K. Coury. Commonwealth Court of Pennsylvania.Argued December 13, 2005. Decided February 8, 2006. Appeal from the Court of Common Pleas, Dauphin County, No. 2784 S. 2000, Evans, J. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

704 A.2d 725 Cynthia A. VARNER, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued November 3, 1997. Decided December 22, 1997. Appeal from the Department of Public Welfare, No. 07-0090060-001. Page 726 Eric W. Santos, Altoona, for petitioner. Cynthia A. Fillman, Harrisburg, for respondent. Before KELLEY and FLAHERTY, JJ., and NARICK, Senior […]

634 A.2d 714 USAir, INC. and American Motorist Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCHWARZ), Respondent. Commonwealth Court of Pennsylvania.Argued June 17, 1993. Decided November 23, 1993. Appeal from the Workmen’s Compensation Appeal Board, A91-1229. Page 101 Mark J. Neuberger and Patricia L. Wozniak, for petitioners. Joseph S. Hornack, for respondent. Before McGINLEY […]

319 A.2d 688 Purolator Courier Corporation, Brink’s Inc. and Protective Motor Service Company, Appellants, v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee, and James C. Wetherill t/d/b/a Hatboro Delivery Service, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1974 May 17, 1974. Appeals — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, […]

664 A.2d 1112 The ELECTRIC MATERIAL COMPANY, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued August 22, 1995. Decided September 13, 1995. Appeal from employer appealed from order of Unemployment Compensation Board of Review, No. B-331093. Page 1113 Gery T. Nietupski, for petitioner. David B. Washington, for respondent. Before DOYLE, PELLEGRINI […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Adelphia Auto Sales v. Zoning Hearing Board of Haverford Township ………………. 857CD99 12/22/1999 Delaware County Affirmed 98-3372 Belinsky v. Bensalem Township Council ……………….. 776CD99 12/23/1999 Bucks County Affirmed 98-0556235 Comm., Dept. of Transp., Bureau of Motor Vehicles v. […]

739 A.2d 651 EMPIRE SANITARY LANDFILL, INC., Appellant v. RIVERSIDE SCHOOL DISTRICT Commonwealth Court of Pennsylvania.Argued: September 14, 1999 Filed: October 20, 1999 Appealed from the Court of Common Pleas, Lackawanna County, No. 88 Equity 55, Walsh, President Judge. Page 652 Thomas R. Daniels, Scranton, for appellant. Frank T. Blasi, Scranton, for appellee. Before: COLINS, […]

341 A.2d 221 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Patricia E. Devlin, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1975 July 8, 1975. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Sufficient evidence — Credibility — Evidentiary weight — Wilful misconduct — […]

585 A.2d 564 Rodney ITHIER, a minor and Elsie Geraghy, Appellants, v. CITY OF PHILADELPHIA, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1990. Decided January 3, 1991. Appeal from the Court of Common Pleas, Philadelphia County, No. 1033 May Term 1989, Ethan Allen Doty, J. Page 104 Joel H. Merow, with him, Bruce G. Cassidy, […]

In Re: TAX SALE PURSUANT TO the REAL ESTATE TAX SALE LAW OF 1947, as Amended. Appeal of: Cathy Holler. No. 2318 C.D. 2008.Commonwealth Court of Pennsylvania.Argued April 19, 2010. Decided September 20, 2010. Reargument Denied December 2, 2010. Appeal from the Court of Common Pleas, Beaver County, No. 11510 of 2007, Kwidis, J. Page […]

446 A.2d 1355 Glenn R. Moyer, Petitioner v. William R. Davis, Secretary of the Commonwealth of Pennsylvania, and Committee to Elect Bob Casey State Treasurer, Respondents. Commonwealth Court of Pennsylvania.Argued December 16, 1981 June 29, 1982. Elections — Preliminary objections — Mandatory injunction. 1. In ruling on preliminary objections in a case addressed to its […]

478 A.2d 537 Marion F. Bell, Appellant v. City of Philadelphia, Board of Pensions and Retirement, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1984 July 18, 1984. Administrative law — Philadelphia Board of Pensions and Retirement — Commingling of prosecutorial and adjudicatory functions — Bias. 1. Where the Executive Director of the City of Philadelphia […]

455 A.2d 1277 In Re: Appeal of Officer William Leis from the Order of the Lower Merion Township Civil Service Commission. Officer William Leis, Appellant. Commonwealth Court of Pennsylvania. February 16, 1983. Civil service — Scope of appellate review — Police officer — Siren — Right of way — Intersection — Vehicle Code, 75 Pa. […]

434 A.2d 883 Robert A. Williams, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 7, 1981 September 17, 1981. Unemployment compensation — Suitable work. 1. Where an employee, laid off for lack of work, is recalled by his employer to a job which he is capable of […]

772 A.2d 104 Housing Authority of the City of Pittsburgh, Appellant v. Marcella Fields. No. 79 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: February 7, 2001. Filed: March 28, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Bernard L. Mcginley, Judge; Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge. Page […]

379 A.2d 1368 Gary R. Bunner, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 2, 1977. Pennsylvania Board of Probation and Parole — Technical parole violation — Act of 1941, August 6, P.L. 861 — Failure to advise as to change in residence — Specificity of […]

449 A.2d 126 Delores Palmer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 20, 1982. Unemployment compensation — Burden of proof — Willful misconduct — Scope of appellate review — Hearsay. 1. The employer has the burden of proving willful misconduct in an unemployment compensation case; and […]

INDEPENDENT STATE STORE UNION, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. No. 1073 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2010. Decided January 27, 2011. Publication Ordered April 4, 2011. Appeal from the Labor Relations Board, No. PERA-C-08-194-E. Page 368 Richardson T. Eagen, Harrisburg, for petitioner. John B. Neurohr and Warren R. Mowery, […]

346 A.2d 857 Kingdon W. Swayne, Treasurer of Bucks County, to the Use of Robert D. Culp v. Wilmer L. Lovett. Robert D. Culp, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1975 October 29, 1975. Tax sale — Assumpsit — Answer — Denial — Matters of public record — Surplus bond — Act of 1931, […]

569 A.2d 1038 Nicholas DUGAN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (FULLER COMPANY OF CATASAUQUA), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 1989. Decided February 8, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-94710. Page 219 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

285 A.2d 547 Marhoefer, et al. v. Human Relations Commission. Commonwealth Court of Pennsylvania.Argued October 22, 1971 December 31, 1971. Pennsylvania Human Relations Commission — Pennsylvania Human Relations Act, Act 1955, October 27, P. L. 744 — Racial discrimination in housing — Substantial evidence — Findings of fact. 1. A finding by the Pennsylvania Human […]

680 A.2d 1191 James CROMARTIE, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 22, 1996. Decided July 1, 1996. Appeal from the Board of Probation and Parole, No. 3872-S. Page 1192 Ronald G. McNeil, for Petitioner. Page 1193 Robert A. Greevy, Assistant Chief Counsel, for Respondent. Before […]

516 A.2d 836 Richard Greene Coal Co., Petitioner v. Workmen’s Compensation Appeal Board (Shirey), Respondents. Commonwealth Court of Pennsylvania.Argued September 9, 1986 October 23, 1986. Workmen’s compensation — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Causation — Substantial contributing factor — Change in law — Remand. […]

727 A.2d 1185 WILLIAM P. ROTH, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (AMORE MANAGEMENT COMPANY and PENN NATIONAL INSURANCE), Respondents. Commonwealth Court of Pennsylvania.Submitted: October 30, 1998 Filed: March 12, 1999 Reargument and Reconsideration Denied May 12, 1999 Appeal from the Workers’ Compensation Appeal Board, No. A96-4384. Peter D. Friday, Pittsburgh, for petitioner. James A. […]

7 A.3d 344 Eric HOFFMAN v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 231 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs September 24, 2010. Decided November 4, 2010. Appeal from the Court of Common Pleas, Butler County, No. 09-40219, Yeager, J. Terrance M. Edwards, Asst. Counsel and Harold H. Cramer, […]

734 A.2d 60 BOYD M. HITZ and JUDY LYNN HITZ, Appellants v. THE ZONING HEARING BOARD OF SOUTH ANNVILLE TOWNSHIP. Commonwealth Court of Pennsylvania.Argued April 15, 1999. Filed July 9, 1999. Appeal from No. 3250 C.D. 1998. Page 61 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

729 A.2d 198 BROWNSVILLE AREA SCHOOL DISTRICT, Petitioner v. STUDENT X, Respondent Commonwealth Court of Pennsylvania.Argued: February 9, 1999. Filed: May 7, 1999. Appeal from the Special Education Due Process Appeals Panel of the Department of Education, No. 2843 C.D. 1998. Gary N. Altman, Uniontown, for petitioner. Edward J. Feinstein, Pittsburgh, for respondent. BEFORE: HONORABLE […]

494 A.2d 499 Jane Nason et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued April 5, 1984 June 14, 1985. Jurisdiction — Treasurer — Indispensable party — Joinder — Mandamus. 1. Jurisdiction over a statutory matter filed against the Treasurer of the Commonwealth of Pennsylvania is properly in the Commonwealth […]

630 A.2d 481 Homer HORTON, Petitioner v. JEFFERSON COUNTY — DUBOIS AREA VOCATIONAL TECHNICAL SCHOOL, Respondent. Commonwealth Court of Pennsylvania.Argued June 14, 1993. Decided July 30, 1993. Reargument Denied September 10, 1993. Appeal from the Secretary of Education, Teacher Tenure Appeal No. 15-91. Page 425 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

512 A.2d 785 Wendell Murray, Petitioner v. Fred W. Jacobs et al., Respondents. Commonwealth Court of Pennsylvania.Argued February 3, 1986 July 17, 1986. Pennsylvania Board of Probation and Parole — Recommitment of parolee — Right to counsel — Waiver — Ineffective waiver — Delay — Timeliness of hearing — Jurisdiction of Board — Inadequate notice […]

978 A.2d 1067 FIRETREE, LTD., Petitioner v. DEPARTMENT OF GENERAL SERVICES, Respondent. No. 956 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: September 19, 2008. Decided: July 30, 2009. Page 1068 Daniel F. Schranghamer, Williamsport, for appellant. David L. Narkiewicz, Asst. Chief Counsel and Harry R. Walter, III, Asst. Counsel, Harrisburg, for appellee. BEFORE: PELLEGRINI, Judge, […]

464 A.2d 669 Patricia M. Riccio, Petitioner v. Workmen’s Compensation Appeal Board (Bi-Comp, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued May 11, 1983 August 26, 1983. Workmen’s compensation — Public sidewalk. 1. Workmen’s compensation is disallowed when the claimant is a member of the general public injured on a public sidewalk and not on a mission […]

553 A.2d 108 John Russell Shaw, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellee. Commonwealth Court of Pennsylvania. January 19, 1989. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Vehicle Code, 75 Pa. C. S. § 1550 — Statutory appeals — Pa. R.C.P. […]

Bernard JERRY, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. No. 409 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs September 11, 2009. Decided February 17, 2010. Page 113 Bernard Jerry, petitioner, pro se. Timothy I. Mark, Deputy Chief Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent. BEFORE: McGINLEY, Judge, SIMPSON, Judge, McCLOSKEY, Senior Judge.[1] […]

647 A.2d 970 COMMONWEALTH of Pennsylvania, v. Richard TARLECKI, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs May 27, 1994. Decided August 31, 1994. Reargument Denied October 25, 1994. Appeal from the Court of Common Pleas of Delaware County, No. S.A. 419-90, Jenkins, J. Page 242 Richard Tarlecki, appellant, for himself. Henry J. Lunardi, for appellee. […]

403 A.2d 1335 Ted Simon, John W. Regoli and William R. Davis, County Commissioners for Westmoreland County, Pennsylvania, Appellants v. Paul Del Vitto, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1979 June 19, 1979. Municipalities — Deputy sheriff — Power of sheriff to hire deputies — The County Code, Act 1955, August 9, P.L. 323 […]

803 A.2d 243 Edward J. Barr, Appellant v. Pennsylvania Department of State, Bureau of Professional and Occupational Affairs. No. 225 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: May 25, 2001. Filed: July 9, 2002. Appeal from the Court of Common Pleas, Monroe County, No. 4952 Civil 2000, Miller, J. Page 244 Edward J. Barr, appellant, pro se. […]

479 A.2d 59 Eugene Brady, Appellant v. Borough of Dunmore, Appellee. Eugene Brady, Appellant v. Borough of Dunmore, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1984 August 3, 1984. Fireman — Disability — Interpretation of labor contract — Heart and Lung Act, Act of June 28, 1935, P.L. 477 — Permanent disability — Sufficient evidence. […]

959 A.2d 529 Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Keller. No. 2262CD07.Commonwealth Court of Pennsylvania. September 5, 2008. Appeal from the Pike County 1508-2007-CIVIL. Decisions Without Published Opinions Reversed.

936 A.2d 1251 Consolidated Return of Upset Tax Sale of Properties Conducted by Washington County Tax Claim Bureau of Sept. 27, 2001, In re; Bankers Company of California, Appeal of. No. 2038CD06.Commonwealth Court of Pennsylvania. December 3, 2007. Appeal from the Washington County 2001-4965. Decisions Without Published Opinions Affirmed.

276 A.2d 840 James P. Conway and Maxwell H. Gluck v. State Horse Racing Commission of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued March 9, 1971 April 22, 1971. Constitutional law — Rules 15.02 and 15.06 of the Rules of Racing of the Pennsylvania State Horse Racing Commission — Argument in brief — Scope […]

436 A.2d 1073 Joseph Horne Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Duquesne Light Company et al., Intervenors. Joseph Horne Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 18, 1981 November 13, 1981. Appeals — Interlocutory orders — Order of the Pennsylvania Public Utility Commission. 1. An appeal is […]

702 A.2d 1089 The BOROUGH OF LATROBE v. P. Bret POHLAND, Caryl A. Pohland, his wife and Bret John Pohland, R. Scott Shearer and Karen A. Shearer. ESTATE OF P. Bret POHLAND, Caryl A. Pohland, his wife and Bret John Pohland, Appellants. Commonwealth Court of Pennsylvania.Argued March 11, 1997. Decided July 10, 1997. Reargument Denied […]

603 A.2d 253 PENNSYLVANIA STATE TROOPERS ASSOCIATION, a Pennsylvania non-profit corporation, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. FRATERNAL ORDER OF POLICE, CAPITOL POLICE LODGE NO. 85, by Karl B. SHEAFFER, Trustee ad litem, and Pennsylvania State Park Officers Association, by Richard P. Fischer, Trustee ad litem, Petitioners, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of […]

Kemper v. Comm. of PA. No. 2219 C.D. 09.Commonwealth Court of Pennsylvania. May 28, 2010. Appeal from the York County CP-67-MD-141-2007. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

342 A.2d 781 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Edmund G. Pinger, Appellant. Commonwealth Court of Pennsylvania.Argued June 6, 1975 August 8, 1975. Unemployment compensation — Refusal of suitable employment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — Good cause — Discouraging […]

971 A.2d 540 QUEST LAND DEVELOPMENT GROUP, LLC and Glen-Gery Corporation, Appellants v. TOWNSHIP OF LOWER HEIDELBERG, Berks County, Pennsylvania, Zoning Hearing Board of Heidelberg Township, Berks County, Pennsylvania. No. 2228 C.D. 2008.Commonwealth Court of Pennsylvania.Argued March 30, 2009. Decided: April 30, 2009. Page 541 Louis B. Kupperman, Philadelphia, for appellants. Michael G. Crotty, Chester […]

540 A.2d 996 Eddie L. Clark, M.D., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 23, 1988. May 4, 1988. Department of Public Welfare — Termination from medical assistance program — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact […]

619 A.2d 397 Daniel G. OLBRISH, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania.Argued October 20, 1992. Decided December 30, 1992. Appeal from the Court of Common Pleas, Westmoreland County, No. 4377 of 1991, Charles H. Loughran, J. Page 424 Virginia L. Desiderio, for appellant. Harold […]

767 A.2d 601 DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner v. PETERS TOWNSHIP SANITARY AUTHORITY, Respondent. No. 923 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: December 4, 2000. Filed: January 11, 2001. Page 602 Before: Honorable James Gardner Colins, Judge; Honorable Dan Pellegrini, Judge; Honorable Emil E. Narick, Senior Judge. OPINION JUDGE PELLEGRINI The Commonwealth of Pennsylvania, Department of […]

1 A.3d 999 COMMONWEALTH of Pennsylvania v. $3961.00 CASH, and other Property. Appeal of: Rajshi Cox. No. 499 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs April 16, 2010. Decided July 23, 2010. Appeal from the Court of Common Pleas, York County, Kelley, VI, J. Rajshi Cox, appellant, pro se. Thomas J. Reilly, Sr. Deputy Prosecutor, […]

948 A.2d 232 BROCKWAY PRESSED METALS and ACE USA, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (HOLBEN), Respondent. No. 43 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: March 28, 2008. Decided: May 12, 2008. Charles W. Craven, Philadelphia, for petitioners. John T. Hofrichter, Washington, for respondent. BEFORE: McGINLEY, Judge, FRIEDMAN, Judge, and McCLOSKEY, Senior Judge. OPINION […]

956 A.2d 1088 Teresa M. VINE, Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. No. 1937 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: April 7, 2008. Decided: September 18, 2008. Page 1089 James J. West, Harrisburg, for petitioner. Salvatore A. Darigo, Jr., Harrisburg, for respondent. Page 1090 BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge. […]

462 A.2d 969 Marcon, Inc. and Delaware Sewer Company, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents. Commonwealth Court of Pennsylvania.Argued May 12, 1983 August 1, 1983. Environment — Scope of appellate review — The Clean Streams Law, Act of June 22, 1937, P.L. 1987 — Burden of proof — 25 […]

985 A.2d 310 H.A. Steen Industries, Inc. v. Zoning Hearing Board of Upper Providence. No. 1224CD08.Commonwealth Court of Pennsylvania. December 24, 2009. Appeal from Delaware County 07-001322. Decisions Without Published Opinions Affirmed.

427 A.2d 275 Mervin C. Altland and Laura Altland, Appellants v. David Sprenkle, Norman Lau and Ervin Linehart, as Supervisors of Jackson Township and Sterling Bentzel, as Zoning Officer of Jackson Township, Appellees. Commonwealth Court of Pennsylvania.Argued February 2, 1981 March 17, 1981. Zoning — Mandamus — Discretionary acts — Building permit — Vested rights […]

731 A.2d 220 George FEIGLEY, Petitioner v. DEPARTMENT OF CORRECTIONS and the Attorney General of Pennsylvania, Respondents Commonwealth Court of Pennsylvania.Submitted on Briefs: April 9, 1999. Decided: May 11, 1999. Petition for order of mandamus. Page 221 George Feigley, pro se, petitioner. Mark E. Guzzi, Camp Hill, for respondent, Dept. of Corrections. Michael A. Farnan, […]

466 A.2d 258 William J. Moshos, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 12, 1983. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Minimal increase in self-employment activity. 1. A self-employed person may nonetheless remain eligible for […]

535 A.2d 299 Thomas H. Cox, Sr., William H. Crawford t/d/b/a C C Auto Salvage, Appellants v. Township of Antis, Appellee. Commonwealth Court of Pennsylvania. January 6, 1988. Municipalities — Junkyard — Denial of license — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Compliance with ordinance […]

504 A.2d 422 International Association of Fire Fighters, Local 2844, AFL-CIO, CLC, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania.Argued November 13, 1985 February 10, 1986. Pennsylvania Labor Relations Board — Scope of appellate review — Findings of fact — Substantial evidence — Capriciousness — Employer-employe relationship — Joint […]

802 A.2d 32 Caloric Corporation, Petitioner v. Workers’ Compensation Appeal Board (Shoemaker), Respondent. No. 2366 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: March 2, 2001 Filed: July 1, 2002 Deborah A. Rocco, Philadelphia, for petitoner. Ruth Skoglund, Allentown, for respondent. Before: Honorable Joseph T. Doyle, Senior Judge[1] Honorable Doris A. Smith-Ribner, Judge; Honorable Jim Flaherty, Senior Judge. […]

373 A.2d 751 Nicholas Fabio, Appellant v. Civil Service Commission of the City of Philadelphia. Commonwealth Court of Pennsylvania.Argued April 7, 1977 May 16, 1977. Policemen and firemen — Dismissal of police officer — Scope of appellate review — Local Agency Law, Act 1968, December 2, P.L. 1133 — Violation of constitutional rights — Error […]

Phillip MARKS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DANA CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted March 3, 2006. Decided May 8, 2006. Appeal from the Workers’ Compensation Judge, Donald H. Poorman, J. Page 690 Marilyn T. Jamain, Fort Washington, for petitioner. Cecilia M. Muneses, Media, for respondent. BEFORE: SMITH-RIBNER, Judge, and LEADBETTER, Judge, and McCLOSKEY, […]

631 A.2d 1072 CITY OF PHILADELPHIA, Appellant, v. TAX REVIEW BOARD to the Use of ACE DUMP TRUCK SERVICE and Ace Service Corporation, Appellees. Commonwealth Court of Pennsylvania.Argued May 11, 1993. Decided September 13, 1993. Appeal from the Common Pleas Court of Philadelphia County, No. 9001-6215 January Term, 1990, Avellino, J. Page 403 [EDITORS’ NOTE: […]

935 A.2d 55 Joel S. ARIO, Acting Insurance Commissioner of the Commonwealth of Pennsylvania v. FIDELITY MUTUAL LIFE INSURANCE COMPANY. No. 389 M.D. 1992.Commonwealth Court of Pennsylvania.Heard: September 26, 2007. Decided: October 25, 2007. Page 56 Thomas A. Leonard and Richard P. Limburg, Philadelphia and Preston Buckman, Harrisburg, for petitioner, Insurance Commission. Edward L. Baxter, […]

814 A.2d 825 Cogen, Sklar and Levick, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Office of Chief Counsel and Philadelphia Inquirer, Respondents No. 500 M.D. 2002Commonwealth Court of Pennsylvania.Argued: November 4, 2002 Filed: January 3, 2003 Page 826 David L. Pennington, Philadelphia, for petitioner. Robert C. Clothier, Philadelphia, for respondent, Philadelphia Inquirer. Joseph C. Crawford, […]

DEPARTMENT OF CORRECTIONS, Petitioner v. PENNSYLVANIA STATE CORRECTIONS OFFICERS ASSOCIATION, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided May 3, 2007. Page 1213 Frank A. Fisher, Chief Counsel, Harrisburg, for petitioner. Marc L. Gelman, Philadelphia, for respondent. BEFORE: LEADBETTER, President Judge, LEAVITT, Judge (P.), FLAHERTY, Senior Judge. OPINION BY Judge LEAVITT. The Department of […]

703 A.2d 572 SHEKELA M. BARBOUR-KNIGHT, Appellant v. CIVIL SERVICE COMMISSION OF THE CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued October 6, 1997. Decided December 2, 1997. Appeal from the Common Pleas Court, Philadelphia County, No 95-10SD0090, Levin, J. Samuel L. Spear, Philadelphia, for appellant. Page 573 Mark R. Zecca, Deputy City Solicitor, for appellee. […]

551 A.2d 1157 Billie G. Murdoca et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 4, 1988. December 22, 1988. Unemployment compensation — Scope of appellate review — Burden of proof — Work stoppage — Unilateral, retroactive reduction in wages — Collective bargaining agreement — Alternative […]

305 A.2d 774 Commonwealth v. City of Jeannette. Commonwealth Court of Pennsylvania.Argued January 9, 1972 May 22, 1973. Environmental law — Pleadings — Specificity — Incorporation by reference — Clean Streams Law, Act 1937, June 22, P. L. 1987 — Equity — Jurisdiction — Nuisance — Sewage treatment — Administrative Code, Act 1929, April 9, […]

391 A.2d 1109 City of Pittsburgh Commission on Human Relations, Appellant v. Louis MacBeth, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1978 September 22, 1978. Human relations — Attorney fees — Pittsburgh Human Relations Ordinance — Powers of the Pennsylvania Human Relations Commission — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 755. 1. […]

371 A.2d 579 John Carideo, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued March 11, 1977 April 7, 1977. Unemployment compensation — New hearing — Unusable recording of proceedings — Discretion of Unemployment Compensation Board of Review — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) […]

636 A.2d 250 ELITE CARPENTRY CONTRACTORS and General Accident Insurance Co., Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (DEMPSEY), Respondent. Commonwealth Court of Pennsylvania.Submitted July 23, 1993. Decided December 30, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1195. Page 90 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

413 A.2d 20 Elaine K. Bittner, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. April 9, 1980. Public assistance — Administrative discretion — Abuse of discretion — Public Assistance — Grant for automobile — Primary purpose — Purchase of automobile — Aid to Families with Dependent Children program objectives […]

City of Scranton Non-Uniform Pension Board v. Schimes. No. 193CD06.Commonwealth Court of Pennsylvania. December 18, 2006. Appeal from the Lackawanna County 2031-2004. Decisions Without Published Opinions Affirmed.

502 A.2d 782 Jerry Weissman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1985 January 6, 1986. Unemployment compensation — Findings of the Unemployment Compensation Board of Review — Conflicting evidence — Sexual harassment — Cause of necessitous and compelling nature. 1. In an unemployment compensation […]

625 A.2d 187 George PENDLETON, Deceased, Elaine Pendleton, Widow, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CONGOLEUM CORP. and Liberty Mutual Insurance Co.), Respondents. Commonwealth Court of Pennsylvania.Argued February 4, 1993. Decided May 4, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1624. Page 441 Lee B. Balefsky, for petitioner. Patricia A. Matern, for respondents. […]

398 A.2d 1105 Carolyn J. Davis, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Foodarama Supermarkets, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued December 8, 1978 March 15, 1979. Workmen’s compensation — Death — Credibility — Evidentiary weight — Course of employment — To and from work — The Pennsylvania Workmen’s Compensation Act, Act […]

Corey M. ZERBY, Petitioner v. Robert SHANON and Pennsylvania Board of Probation and Parole, Respondents. No. 1179 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs December 12, 2008. Decided: February 3, 2009. Kent D. Watkins, Saint Clair, for petitioner. Page 957 Arthur R. Thomas, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for respondent. BEFORE: […]

845 A.2d 918 Hines Nurseries, Inc., t/a Hines Color v. Plumstead Township Board of Supervisors. Appeal of: Ari Van Wingerden. No. 711 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 5, 2003. Filed: February 20, 2004. Order Filed: April 19, 2004. ORDER COLINS, President Judge. NOW, April 19, 2004, having considered appellant’s application for reargument before the […]

406 A.2d 850 Noel Tancred Escofil, Appellant v. Commonwealth of Pennsylvania, Appellee. Noel Tancred Escofil, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 October 15, 1979. Taxation — Power of Commonwealth Court of Pennsylvania — Challenge to social security system — Personal income tax liability. 1. The Commonwealth Court of […]

672 A.2d 846 In re UPSET SALE TAX CLAIM BUREAU OF WAYNE COUNTY HELD SEPTEMBER 12, 1994. Appeal of Martha SANDY. Appeal of David J. PITTI and Mark Albert, Appellants. Commonwealth Court of Pennsylvania.Argued December 4, 1995. Decided March 6, 1996. Appeal from Court of Common Pleas, Wayne County, No. 451-Civil-1994, Conway, President Judge. Jeffrey […]

Johnson v. City of Philadelphia. 25CD06.Commonwealth Court of Pennsylvania. August 4, 2006. Appeal from the Philadelphia County T0037 Dec. Term 2003. Decisions Without Published Opinions Affirmed.

471 A.2d 914 Connie Haibach, Appellant v. Northwest Tri-County Intermediate Unit No. 5, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1983 February 22, 1984. Schools — Teachers — Pre-school programs — Intermediate unit — Certification — Public School Code of 1949, Act of March 10, 1949, P.L. 30. 1. Teachers in pre-school programs administered by […]

654 A.2d 665 Robert LYNCH, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (TELEDYNE VASCO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: January. 6, 1995. Decided: February 10, 1995. Appeal from No. A93-0194. Affirmed. George M. Lynch, for petitioner. Mary J. McCrory, for respondent. Page 666 Before McGINLEY, NEWMAN, JJ., and LORD, Senior Judge. NEWMAN, Judge. Robert […]

427 A.2d 734 Ella Richardson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1981 April 1, 1981. Unemployment compensation — Willful misconduct — Vacation — Economic loss. 1. In an unemployment compensation case, the refusal of an employee, without good cause, to obey a reasonable directive […]

587 A.2d 48 Geary TURNER, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al., Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs December 14, 1990. Decided February 14, 1991. Appeal from the Board of Probation and Parole, Parole No. 1530-H. John C. Armstrong, Norristown, for petitioner. Timothy P. Wile, Asst. Chief Counsel, […]

392 A.2d 913 Michael Morocco, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 October 26, 1978. Unemployment compensation — Fault overpayment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — False statement — Part-time employment — Partial unemployment. 1. An applicant for […]

847 A.2d 125 Commonwealth of Pennsylvania, By D. Michael Fisher, Attorney General, Plaintiff v. Jash International, Inc., Defendant. No. 406 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: December 8, 2003. Filed: February 27, 2004. ORDER AND NOW, this 27th day of February, 2004 the Motion for Summary Judgment filed by Jash International, Inc. is GRANTED and its […]

482 A.2d 1344 SmithKline Beckman Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1984 October 11, 1984. Taxation — Administrative agency — Statutory Construction Act of 1972, 1 Pa. C. S. § 1501, et seq. — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Interest […]

Wilbur SEITZINGER, Esquire and Seitzinger Randazzo, Petitioners v. COMMONWEALTH of Pennsylvania c/o Attorney General of Pennsylvania and Pennsylvania Department of Labor Industry and Sandi Vito, Secretary Pennsylvania Department of Labor Industry and John T. Kupchinski, Director Pennsylvania Bureau of Workers’ Compensation, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs January 14, 2011. Decided July 28, 2011. […]

645 A.2d 359 TOWNSHIP OF SPRINGFIELD OF PENNSYLVANIA, v. S. Penn THOMAS and Mary Ann MacDonald, Appellants. Commonwealth Court of Pennsylvania.Submitted April 22, 1994. Decided June 23, 1994. Reargument Denied August 4, 1994. Petition for Allowance of Appeal Granted December 19, 1994. Appeal from the Court of Common Pleas, Montgomery County, No. 91-11558, Nicholas, President […]

Francisco RADHAMES v. TAX REVIEW BOARD and The City of Philadelphia, Appellants. Nos. 822 C.D. 2009, 823 C.D. 2009, 824 C.D. 2009.Commonwealth Court of Pennsylvania.Argued February 8, 2010. Decided April 22, 2010. Appeal from the Court of Common Pleas, Philadelphia County, No. 822, 825, 841 March Term 2008, Fox, J. Page 1171 Kristin Kathryn Bray, […]

730 A.2d 1017 Robert C. GREEN and Judith A. Green v. SCHUYLKILL COUNTY BOARD OF ASSESSMENT APPEALS, Appellant. Commonwealth Court of Pennsylvania.Argued March 10, 1999. Decided May 7, 1999. Appeal from the Court of Common Pleas, Schuylkill County, No, S-2253-1996. Page 1018 Bert M., Goodman, Wayne, for appellant. Mary Kay Bernosky, Pottsville, for appellees. Before […]

483 A.2d 1033 In Re: April 10, 1984 Election of East Whiteland Township, Chester County, Pennsylvania, Election District Sixth Precinct. Alexander W. Clark, Jr. et al., Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1984 October 29, 1984. Elections — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 — Deadline for absentee balloting — […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Scott. No. 2170CD09.Commonwealth Court of Pennsylvania. September 4, 2010. Appeal from the Allegheny County SA 1 of 2009. Decisions Without Published Opinions Reversed.