Category: Pennsylvania Commonwealth Court Opinions

395 A.2d 336 Max G. Talheim et al. v. Zoning Hearing Board of Lower Allen Township et al. Lower Allen Township, Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1978 December 27, 1978. Argued September 14, 1978, before Judges MENCER, DiSALLE and MacPHAIL, sitting as a panel of three. Appeal, No. 1027 C.D. 1977, from the […]

394 A.2d 636 Regina E. Bockenhauer, Myra Chanin, Ben W. Joseph and Judith G. Joseph, his wife, Appellants v. Zoning Board of Adjustment and The Franklin Institute, Appellees. Commonwealth Court of Pennsylvania.Argued September 29, 1978 October 31, 1978. Zoning — Variance — Lot dimensions — Open area — Museum — Toilet Facilities — Incidental use […]

PENSKE TRUCK LEASING, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BRUNKEL), Respondent. No. 87 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs June 16, 2006. Decided October 19, 2006. Reargument Denied December 11, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A05-1348. Page 748 Mauri L. Levy, Norristown, for petitioner. Michael G. Dryden, Philadelphia, for respondent. […]

485 A.2d 1228 Robert Taylor et al., Petitioners v. Commonwealth of Pennsylvania, Insurance Department et al., Respondents. Commonwealth Court of Pennsylvania.Argued October 19, 1984 December 21, 1984. Insurance — Complaint as to rates — The Casualty and Surety Rate Regulatory Act, Act of June 11, 1947, P.L. 538 — Discrimination — Cause of injury — […]

388 A.2d 1152 LeRoy Fink, t/a Sylvania Tree Pool Service, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Ruth Reiter, Widow of Thomas A. Reiter, Respondents. Commonwealth Court of Pennsylvania.Argued March 2, 1978 July 31, 1978. Workmen’s compensation — Death — Intoxication — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. […]

Joseph SCHACHTER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SPS TECHNOLOGIES), Respondent. No. 320 CD 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs July 21, 2006. Decided October 12, 2006. Reargument Denied December 11, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A05-1777. Page 743 David F. Stern, Philadelphia, for petitioner. Audrey J. Copeland, King of Prussia, […]

305 A.2d 741 Pardee v. Erie City Iron Works, et al. Commonwealth Court of Pennsylvania.Argued May 11, 1973 June 8, 1973. Workmen’s compensation — Petition to modify agreement — Disability — Burden of proof — Change of condition — Available work — Compensable injury. 1. An employe, seeking to modify a workmen’s compensation agreement concerning […]

619 A.2d 411 James LOWE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LOWE’S AUTO SALES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 23, 1992. Decided December 31, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1735. Page 451 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

520 A.2d 958 Investors Diversified Services and Travelers Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Howar) (Hoar) and Nationwide Insurance Company and Northwestern National Life Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued October 9, 1986 February 9, 1987. Workmen’s compensation — Course of employment — Traveling worker — Presumption — Scope of appellate review […]

343 A.2d 72 Commonwealth of Pennsylvania, Department of Highways (now Department of Transportation), Appellant, v. S. J. Groves and Sons Company, Appellee. Commonwealth of Pennsylvania, Department of Transportation v. S. J. Groves and Sons Company, Appellant. Commonwealth Court of Pennsylvania.Argued June 4, 1975 July 29, 1975. Public contracts — Arbitration — Act of 1937, May […]

359 A.2d 845 Commonwealth of Pennsylvania, Department of Environmental Resources v. New Enterprise Stone Lime Co., Inc., Appellant. Commonwealth Court of Pennsylvania.Argued January 7, 1976 July 2, 1976. Environmental law — Scope of appellate review — Violation of constitutional rights — Error of law — Due process — The Administrative Code, Act 1923, June 7, […]

751 A.2d 694 ALICE K. REGESTER, In Her Own Right and as ADMINISTRATRIX OF THE ESTATE OF GEORGE E. REGESTER, III and GARY W. REGESTER and GEORGE E. REGESTER, IV and STEPHEN H. REGESTER and PATRICIA J. REGESTER and MARYKAY PIERGALLINE and DOLORES R. CHANDLER, Appellants v. LONGWOOD AMBULANCE COMPANY, INC. and SOUTHERN CHESTER COUNTY […]

383 A.2d 259, 372 A.2d 950 Anthony DeMontis, by Pauline DeMontis, His Widow, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Holy Cross Cemetery and American Mutual Liability Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued March 10, 1977 April 25, 1977. Workmen’s compensation — Modification of agreement — Disability benefits — Claim of widow […]

507 A.2d 930 Silvio D. Gaetani, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1986 April 16, 1986. Unemployment compensation — Self-employed businessman — Bankruptcy — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Chapter 11, U.S. Bankruptcy Code. 1. Under clear, […]

677 A.2d 1294 Nancy BATTAGLIA, Petitioner, v. LAKELAND SCHOOL DISTRICT, Respondent. Patricia MUSSARI, Petitioner, v. LAKELAND SCHOOL DISTRICT, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1996. Decided June 10, 1996. Appeal from separate orders of Secretary of Education, Nos. 3-92A and 3-92B. Page 1295 Pellegrini, J., concurred in result. Kelley, J., dissented and filed opinion. […]

503 A.2d 1000 Dr. Joseph T. Skehan, Appellant v. Bloomsburg State College, Appellees. Commonwealth Court of Pennsylvania.Argued November 15, 1985 January 17, 1986. Teacher — Back pay — Statute of limitations — Mandamus — Dismissal — Tolling. 1. A six-year statute of limitations governs a teacher’s action seeking back pay, and the running of the […]

377 A.2d 1060 Ernesto Rizzitano, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1977 September 27, 1977. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Cause of a necessitous and compelling nature — Fear of discharge — […]

620 A.2d 586 ST. MARGARET MEMORIAL HOSPITAL, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KUSENKO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 27, 1992. Decided January 14, 1993. Appeal from the Workmen’s Compensation Appeal Board’s, No. A91-0478. Page 632 David A. Torrey, for petitioner. Michael R. Hetrick, Asst. Counsel, for respondent. Before PALLADINO and PELLEGRINI, […]

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, […]

623 A.2d 873 Max I. GILBERT, D.O. and Roberta P. Gilbert, Administrators of the Estate of David S. Gilbert, Deceased and Max I. Gilbert, D.O. and Roberta P. Gilbert, In Their Own Right, Appellants, v. CONSOLIDATED RAIL CORPORATION. Max I. GILBERT, D.O. and Roberta P. Gilbert, Administrators of the Estate of David S. Gilbert, Deceased […]

870 A.2d 968 Scott M. WEBB, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2004. Decided March 16, 2005. Appeal from the Court of Common Pleas, Erie County, No. 14580-2003, Bozza, J. Page 969 Terrance M. Edwards, Asst. Counsel and Timothy P. Wile, […]

452 A.2d 1123 Krista Lininger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Upjohn Healthcare Services, Intervenor. Commonwealth Court of Pennsylvania. December 6, 1982. Unemployment compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Voluntary termination — Cause of a necessitous and compelling nature — […]

362 A.2d 1108 Commonwealth of Pennsylvania, Department of Public Welfare, Appellant v. Austin Wieand and Marianne Wieand, His Wife, Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1976 August 20, 1976. Department of Public Welfare — State hospital costs — Recoupment of hospitalization costs — Mental Health and Mental Retardation Act of 1966, Act 1966, October […]

Wilfredo PORTALATIN, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. No. 569 M.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs May 8, 2009. Decided: August 10, 2009. Page 945 Wilfredo Portalatin, petitioner, pro se. Jeffrey M. Paladina, Asst. Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent. Page 946 BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge, […]

CITY OF PHILADELPHIA v. PHILADELPHIA FIRE FIGHTERS’ UNION, LOCAL 22, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO. No. 2271CD05, 2508CD05.Commonwealth Court of Pennsylvania. March 22, 2006. Appeal from Philadelphia County 003755 June Term 2004 1008 May Term 2005. Decision without published opinion. Reversed.

737 A.2d 313 STATE SYSTEM OF HIGHER EDUCATION, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent No. 3090 C.D. 1998Commonwealth Court of Pennsylvania.Argued: June 17, 1999 Filed: August 13, 1999 Appeal from the Labor Board Relations Board, No. R-97-451-E. Joseph F. Quinn, for petitioner. John B. Neurohr, for respondent. Page 314 Before: PELLEGRINI, Judge, FLAHERTY, Judge, […]

449 A.2d 84 Frank Golumbeski et al., Appellants v. Francis Zabowski et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 5, 1982 August 12, 1982. Authorities — Demurrer — Salaries paid for professional services — Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382 — Amending budgets — General welfare. 1. A demurrer […]

682 A.2d 875 CITY OF PHILADELPHIA, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BRASTEN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 21, 1996. Decided September 12, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-3035. Page 876 Sharon McGrail-Szabo, for Petitioner. John B. Alessandroni, for Respondent. Before McGINLEY and FRIEDMAN, JJ., and KELTON, Senior […]

410 A.2d 102 Anthony J. Kadysewski, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1979 January 22, 1980. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Change of job assignment. 1. An employe voluntarily terminating employment without […]

315 A.2d 340 Pauline H. Peluso, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania. February 22, 1974. Unemployment compensation — Scope of appellate review — Question of law — Findings of fact — Sufficient evidence — Credibility — Weight of evidence — Inference — Unemployment Compensation Law, Act […]

600 A.2d 677 William J. CROMIE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ANCHOR HOCKING CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 28, 1991. Decided December 4, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-538. Page 38 Norman J. Barilla, for petitioner. Michael Relich, for respondent. Before McGINLEY and BYER, JJ., and […]

631 A.2d 758 Christopher W. YATRON, a Minor, by William P. YATRON and Barbara H. Yatron, Parents and Natural Guardians, v. HAMBURG AREA SCHOOL DISTRICT, Hamburg Area School District Board of School Directors, Edward K. Madeira, Ronald Kunkel, Debra E. Adam, Brooke K. Adams, Deborah B. Bowman, Larry D. Ernst, Bradley R. Faust, Appellants. Commonwealth […]

In re: SOMERSET COUNTY TAX SALE OF REAL ESTATE ASSESSED IN THE NAME OF TUB MILL FARMS, INC., Parcel No. 14-0-000350, Map No. 202-005-29, Elk Lick Township Somerset County, Pennsylvania. Appeal of: Somerset County Tax Claim Bureau. No. 401 C.D. 2010.Commonwealth Court of Pennsylvania.Argued November 9, 2010. Decided December 30, 2010. Reargument Denied March 10, […]

563 A.2d 236 HESS BROTHERS, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (GORNICK), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs: June 23, 1989. Decided: August 24, 1989. Appeal from the Workmen’s Compensation Appeal Board. Page 241 John P. Thomas, Allentown, for petitioner. F. Paul Laubner, Samuel A. Scott, Allentown, for Paul Gornick. Before DOYLE and McGINLEY, […]

309 A.2d 840 Nick Harbutz, Jr., Appellant v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1973 October 3, 1973. Unemployment compensation — Words and phrases — Willful misconduct — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Tardiness — Failure to follow instructions […]

606 A.2d 544 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. David A. GRASSE, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs August 16, 1991. Decided December 5, 1991. Publication Ordered March 19, 1992. Appeal from the Court of Common Pleas of Montgomery County, Nos. 89-07811 and 89-15813, Paul W. Tressler, J. […]

424 A.2d 635 Stephen Tisak, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 21, 1980 January 30, 1981. Unemployment compensation — Willful misconduct. 1. In an unemployment compensation case, the refusal of an employee to follow orders constitutes willful misconduct unless the orders are unreasonable or the […]

503 A.2d 98 Welsh Grant Developers Company, Appellant v. Board of Revision of Taxes et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 13, 1985 January 13, 1986. Taxation — Refunds — Interest — Invalid tax — Administrative error — Challenge to assessment amount — Date of payment — Date of settlement or decision. 1. When […]

PROVCO PARTNERS, Appellant v. LIMERICK TOWNSHIP ZONING HEARING BOARD. Commonwealth Court of Pennsylvania.Argued December 6, 2004. Decided January 24, 2005. Appeal from the Court of Common Pleas, Montgomery County, No. 02-02101, Rossanese, Jr. and Branca, JJ. Page 503 Joseph T. Doyle, Wayne, for appellant. Marc D. Jonas, Blue Bell, for appellees, Robert Holiday and Joan […]

430 A.2d 339 Stewart F. Snyder et al., Appellants v. Railroad Borough et al., Appellees. Commonwealth Court of Pennsylvania.Argued September 10, 1980 June 2, 1981. Zoning — Standing to intervene — Person aggrieved — Township — Harmless error — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact […]

776 A.2d 1022 Carol Laich, Appellant v. Margaret Ann Bracey and Bucks County Intermediate Unit. No. 2840 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: March 16, 2001. Filed: May 4, 2001. Page 1023 Before: Honorable Doris A. Smith, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION SENIOR JUDGE McCLOSKEY Carol Laich (Appellant) […]

691 A.2d 1040 ST. CLAIR MEMORIAL HOSPITAL, Petitioner v. DEPARTMENT OF HEALTH, Respondent Commonwealth Court of Pennsylvania.Argued March 13, 1997. Decided April 1, 1997. Appeal from the State Health Facility Hearing Board, No. CN 94-017. Page 1041 Seymour J. Schafer, Pittsburgh, for petitioner. Lawrence M. Otter, Harrisburg, for respondent. Before PELLEGRINI, and KELLEY, JJ., and […]

666 A.2d 1114 PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant, v. D’AIZiGIO, INCORPORATED T/A/D/B/A Sammy’s Hide-A-Way. Commonwealth Court of Pennsylvania.Submitted on Briefs April 6, 1995. Decided October 13, 1995. Reconsideration Denied December 1, 1995. Appeal from the Court of Common Pleas, Page 1115 Luzerne County, No. 1338 of 1994, Cappellini, J. Donald K. […]

457 A.2d 240 Hart Realty Co., Inc., Appellant v. Wright Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued December 16, 1982 March 25, 1983. Subdivision — Sewers — Waiver. 1. When a sewer authority has no plan for a trunk line, a condition imposed on a subdivision developer that he install capped sewers for […]

467 A.2d 899 Thomas J. Judge, Sr., etc., Plaintiff v. Allentown and Sacred Heart Hospital Center and The Hartford Insurance Group, Defendants. Commonwealth Court of Pennsylvania.Argued February 3, 1983 November 15, 1983. Assumpsit — Medical Professional Liability Catastrophe Loss Fund — Administrative agency — Health Care Services Malpractice Act, Act of October 15, 1975, P.L. […]

962 A.2d 728 Janella OLIVER-SMITH v. CITY OF PHILADELPHIA, Appellant. No. 198 CD 2008.Commonwealth Court of Pennsylvania.Argued: November 11, 2008. Decided: December 19, 2008. Page 729 Alan C. Ostrow, Philadelphia, for appellant. Adrian J. Moody, Philadelphia, for appellee. BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge. OPINION BY Senior Judge FLAHERTY. The City […]

516 A.2d 832 York Redevelopment Authority and The City of York, Office of Housing Rehabilitation, Appellants v. Stephen T. Keener and Deborah A. Keener, his wife, L. Burton Curry and Bonnie L. Curry, and P. Dale Shultz, Appellees. Commonwealth Court of Pennsylvania.Argued September 9, 1986 October 23, 1986. Municipalities — Authorities — Governmental immunity — […]

426 A.2d 1226 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. James R. Fetter, Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 10, 1981. Motor vehicles — Vehicle Code, Act of April 29, 1959, P.L. 58 — Savings clause — Vehicle Code, 75 Pa. C. S. § 3731 — Revocation […]

856 A.2d 288 Commonwealth of Pennsylvania, Appellant v. $3,222.00 U.S. Currency; One (1) 1992 Mazda 929, VIN JM1HD4615N0104019; One (1) Sentry Safe, Model 1230, Serial No. 2729723; Two (2) Motorola Pagers, Serial Nos. 0130557016 and E0982470; Four (4) Tazio Chrome Rims; One (1) Hitachi Television Model 31 CX6B, Serial No. V5G004537; One Black Television Stand, […]

465 A.2d 710 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Robert Daniel Lynch, Appellee. Commonwealth Court of Pennsylvania. September 15, 1983. Motor vehicles — The Statutory Construction Act of 1972, 1 Pa. C. S. § 1922(1) — Vehicle Code, 75 Pa. C. S. §§ 1535(c), 1538(b), and 1551 — Points […]

737 A.2d 822 CHARLES GUSTIS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent No. 510 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: July 9, 1999 Filed: September 2, 1999 Appeal from the Board of Probation and Parole, Parole No. 5710-R. Page 823 David Crowley, for petitioner. Arthur R. Thomas, for respondent. Before: COLINS, President Judge, FRIEDMAN, […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS Acosta v. Comm., Dept. of Trans., Bureau of Driver Lic. . . . . . . . 2766CD00 7/18/2001 Westmoreland Affirmed County 2435 of 2000 Vasta v. Township of New Britain . . . . . . . 2880CD00 7/18/2001 Bucks County Affirmed 95-006965-20-2 Christine v. Becker […]

566 A.2d 367 Ray McVAY, Roy Blacka, Thomas Mears, William Moulton, William Ross and Paul Maust, Appellants, v. The CITY OF WASHINGTON, Firemen’s Pension Fund and its Board of Managers, Appellees. Commonwealth Court of Pennsylvania.Argued October 2, 1989. Decided November 20, 1989. Appeal from the Court of Common Pleas, Washington County, No. 88-1092, Gladden, P.J. […]

LINDE ENTERPRISES, INC. v. LACKAWANNA RIVER BASIN SEWER AUTHORITY, Appellant. No. 290 C.D. 2006.Commonwealth Court of Pennsylvania.Argued October 17, 2006. Decided November 22, 2006. Appeal from the Court of Common Pleas, Wayne County, No. 258-2005-Civil. Page 659 William P. Bresnahan, Pittsburgh, for appellant. Ronnie Jennifer Fischer, Honesdale, for appellee. BEFORE: COLINS, President Judge, and SMITH-RIBNER, […]

601 A.2d 1352 GREENWICH TOWNSHIP et al., Appellants, v. Merry J. MURTAGH et al., Appellees. BOROUGH OF WYOMISSING HILLS, Borough of Birdsboro, Borough of West Reading et al., Appellants, v. Merry J. MURTAGH, Spencer Lee Cherashore, Frederick Murtagh et al., Appellees. Commonwealth Court of Pennsylvania.Argued September 11, 1991. Decided January 9, 1992. Appeal from the […]

675 A.2d 1290 In re ONE 1988 TOYOTA COROLLA (BLUE TWO-DOOR SEDAN) PA LICENSE TPV 291. Appeal of David LEBRON. Commonwealth Court of Pennsylvania.Argued February 5, 1993. Decided April 30, 1996. Page 1291 Appeal from The Court of Common Pleas, Philadelphia County, Misc. No. 90-001901 and M.R. No. 90990077, McCrudden, Senior Judge. Page 1292 Mary […]

696 A.2d 859 THE PENNSYLVANIA SCHOOL BOARDS ASSOCIATION, INC.; THE PHILADELPHIA SCHOOL DISTRICT; and DAVID HORNBECK, Superintendent of the Philadelphia School District, Petitioners v. COMMONWEALTH ASSOCIATION OF SCHOOL ADMINISTRATORS, TEAMSTERS LOCAL 502; THOMAS RIDGE, Governor of the Commonwealth of Pennsylvania; EUGENE HICKOK, Secretary of Education of the Commonwealth of Pennsylvania; and the COMMONWEALTH OF PENNSYLVANIA, […]

430 A.2d 396 James P. Cameron, Sr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1981 June 9, 1981. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Burden of proof — Remand — Waiver of […]

EPHRATA AREA SCHOOL DISTRICT, Appellant v. COUNTY OF LANCASTER, Borough of Ephrata and Lancaster County Agricultural Preserve Board. Commonwealth Court of Pennsylvania.Argued September 13, 2005. Decided November 17, 2005. Appeal from the Court of Common Pleas, Lancaster County, No. CI-04-02494, Farina, J. Page 1170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

299 A.2d 657 Gerstley, et al. v. Cheltenham Township Commissioners, et al. Rossman, et al. v. Cheltenham Township Commissioners, et al. Commonwealth Court of Pennsylvania.Argued December 6, 1972 January 26, 1973. Zoning — Constitutionality of zoning ordinance — Building permit — Case or controversy — Procedural defect in ordinance — Pennsylvania Municipalities Planning Code, Act […]

745 A.2d 92 WILLIAM FRENCH, JR., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FOSTER WHEELER ENERGY CORPORATION), Respondent. No. 1728 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 17, 1999. Filed: January 28, 2000. Appeal from the Workers’ Compensation Appeal Board, A97-4880. Page 93 Brian J. Lenahan, Scranton, for petitioner. Michael A. Brady, Honesdale, for respondent. Before: Honorable […]

407 A.2d 1363 Armar J. Bordner, Appellant v. Commonwealth of Pennsylvania, Department of General Services, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1979 September 6, 1979. Argued June 7, 1979, before Judges BLATT, DiSALLE and CRAIG, sitting as a panel of three. Page 453 Appeal, No. 2296 C.D. 1978, from the Order of the Court […]

825 A.2d 743 Commonwealth of Pennsylvania, D. Michael Fisher Attorney General, Plaintiff v. Gene P. Percudani, individually and d/b/a Raintree Homes, Inc., Raintree Land Corp., Inc., Chapel Creek Mortgage Banker, Inc., Chapel Creek Homes, Inc., Chapel Creek Land Co., Homes by Vintage, Inc., Coventry Homes, Inc., Chapel Creek Credit Counseling, Inc., Y Rent, Inc., Why […]

958 A.2d 1158 Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Selestow. No. 31CD08.Commonwealth Court of Pennsylvania. August 28, 2008. Allegheny County SA 13 of 2006. Reversed. Page 332

396 A.2d 489 Tony Vespaziani, individually and as representative of a class of persons similarly situated, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 January 19, 1979. Lottery — Action against Department of Revenue — Jurisdiction of the Commonwealth Court of Pennsylvania — Action on contract — […]

987 A.2d 1255 CITY OF PHILADELPHIA, BOARD OF PENSIONS AND RETIREMENT v. Herbert CLAYTON, Appellant. No. 433 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: November 10, 2009. Decided: December 24, 2009. Appeal from the Court of Common Pleas, Philadelphia County, No. 3780 August Term, 2007, Glazer, J. Page 1256 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

346 A.2d 850 Commonwealth of Pennsylvania, State Board of Medical Education and Licensure v. Samuel C. Contakos, M.D., Appellant. Commonwealth Court of Pennsylvania.Argued September 11, 1975 October 27, 1975. State Board of Medical Education and Licensure — Revocation of license to practice medicine and surgery — Unanimous vote of Board — The Medical Practice Act […]

496 A.2d 921 Hickory House Nursing Home, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Commonwealth Court of Pennsylvania.Argued June 6, 1985 August 14, 1985. Health care — Health Care Facilities Act, Act of July 19, 1979, P.L. 130 — Ex parte meeting — Certificate of Need. 1. An ex parte meeting during […]

596 A.2d 1166 John B. WILSON and Linda Wilson, as parents and natural guardians of Jason P. Wilson, a minor, and John B. Wilson and Linda Wilson, in their own right and Jason P. Wilson, in his own right v. RIDGWAY AREA SCHOOL DISTRICT, a political subdivision of the Commonwealth of Pennsylvania and Rockwell International […]

527 A.2d 602 James L. Thomas, Jr., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued April 23, 1987. June 15, 1987. Human relations — Racial discrimination — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Credibility […]

862 A.2d 183 ZWERVER v. COMM. OF PA, DEPT. OF TRANS.[1] Nos. 415CD04, 467CD04.Commonwealth Court of Pennsylvania. October 29, 2004. [1] Reargument denied December 27, 2004. Appeal from the Greene County Misc. No. 14-2001. Decision Without Published Opinion. Affirmed. Page 184

534 A.2d 558 Application of Benjamin T. Roberts and Janet M. Roberts for Retail Dispenser Eating Place Liquor License. Gerald Willaman, Lois Laughlin, Fred Coble and Sam Crocco, Appellants. Commonwealth Court of Pennsylvania.Argued October 8, 1987. December 7, 1987. Liquor licensing — Scope of appellate review — Resort area. 1. In a liquor licensing case […]

403 A.2d 1069 John Clair Lantzy, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania. July 24, 1979. Pennsylvania Board of Probation and Parole — Credit for time spent in jail pending trial — Double credit — The Crimes Code, 18 Pa. C.S. § 1360 — Time of arrest. 1. A person confined pending […]

457 A.2d 1344 Application Appeal of: Joseph Byer, Jr., Pegasus. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania. April 11, 1983. Liquor licensing — Liquor Code, Act of April 12, 1951, P.L. 90 — Transfer — Scope of appellate review. 1. Where premises proposed to be licensed under the Liquor Code, […]

452 A.2d 619 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission, Consolidated Rail Corporation, County of Cambria, Borough of South Fork and Borough of Ehrenfeld, Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1982 November 22, 1982. Pennsylvania Public Utility Commission — Railroad bridge repair costs — Public Utility Code, 66 Pa. […]

560 A.2d 875 Alice GETSIE et al. v. BOROUGH OF BRADDOCK et al. Appeal of HARTFORD LIFE INSURANCE COMPANY, Appellant. Irene DRUSKY v. BOROUGH OF BRADDOCK et al. Appeal of HARTFORD LIFE INSURANCE COMPANY, Appellant. Alice GETSIE et al. v. BOROUGH OF BRADDOCK et al. Appeal of BOROUGH OF BRADDOCK, Appellant. BOROUGH OF BRADDOCK, Appellant, […]

467 A.2d 1208 William Behe, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Pennsylvania Airlines, Intervenor. Commonwealth Court of Pennsylvania.Argued September 15, 1983 November 25, 1983. Unemployment compensation — Wilful misconduct — Refusal of reasonable request — Burden of proof — Confirmation of illness — Unreasonable travel requirement. 1. An employe discharged […]

529 A.2d 74 Ronald Thomas and Gloria Thomas, Appellants v. Joseph Pagano and Jennie Pagano, and Commonwealth of Pennsylvania, Department of Transportation, Appellees. Commonwealth Court of Pennsylvania.Argued March 24, 1987. July 30, 1987. Sovereign immunity — Scope of appellate review — Abuse of discretion — Error of law — Use of automobile — Ownership of […]

392 A.2d 343 Joseph Gaito, Jr., Petitioner v. Pennsylvania Board of Probation and Parole, et al., Respondents. Commonwealth Court of Pennsylvania. October 19, 1978. Pennsylvania Board of Probation and Parole — Convicted parole violator — Validity of arrest procedure — Jurisdiction of the Commonwealth Court of Pennsylvania — Act of 1941, August 6, P.L. 861 […]

463 A.2d 106 LaVerne Burrows, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1983 August 3, 1983. Public employees — Shall — Disability benefits — State Employes’ Retirement Code, 71 Pa. C. S. § 5905(c) — Medical examination. 1. Generally the use of the word shall in […]

570 A.2d 149 ALLEGHENY CENTER ASSOCIATES, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1989. Decided February 16, 1990. Appeal from the Public Utility Commission (PUC), No. R-880941. Page 353 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

535 A.2d 220 Commonwealth of Pennsylvania, Petitioner v. State Schools and Hospitals Federation of Teachers, Local 1830, Pennsylvania Federation of Teachers, AFT, AFL-CIO, by John D’Eletto, Trustee ad Litem, Respondent. Commonwealth Court of Pennsylvania. December 17, 1987. Labor — Enforcement of arbitration award — Modification of award — Hindsight — Questions not raised before arbitrator […]

474 A.2d 1181 Aline Richardson, Adm. of the Estate of Roy A. Richardson, Deceased v. Eugene LaBuz, M.D. et al. Hazleton State General Hospital et al., Appellants. Aline Richardson, Adm. of the Estate of Roy A. Richardson, Deceased, v. Eugene LaBuz, M.D. et al. Eugene LaBuz, M.D., Appellant. Commonwealth Court of Pennsylvania.Argued December 7, 1983 […]

762 A.2d 1150 PITTSBURGH LIMOUSINE, INC., Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, BUREAU OF TRANSPORTATION AND SAFETY, Respondent. No. 2982 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: June 7, 2000. Filed: November 30, 2000. David S. Klett, Pittsburgh, for petitioner. Stanley E. Brown, Harrisburg, for respondent. Before: Honorable James R. Kelley, Judge; Honorable Bonnie Brigance Leadbetter, Judge; […]

395 A.2d 307 Loretta Lenkiewicz, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and The Pittsburgh Press Club, Respondents. Commonwealth Court of Pennsylvania. December 14, 1978. Workmen’s compensation — Wages — Words and phrases — Gratuity — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Plain meaning — Legislative intent […]

648 A.2d 1306 Letty ASHE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DEPARTMENT OF LABOR AND INDUSTRY), Respondent. Commonwealth Court of Pennsylvania.Submitted August 19, 1994. Decided September 27, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1494. Page 625 Preston T. Younkins, for petitioner. Terry L. Jordan, for respondent. Page 626 Before McGINLEY and NEWMAN, […]

397 A.2d 865 Bruce L. Penuel, Appellant v. Uwchlan Township Police Commission and Uwchlan Township Board of Supervisors and William M. Lally, Chairman of Board of Supervisors and Police Commissioner, Appellees. Commonwealth Court of Pennsylvania.Argued September 29, 1978 February 16, 1979. Policemen and firemen — Probationary employe — Protection to employes — The Second Class […]

958 A.2d 1092 Kenneth KISTLER, Petitioner v. STATE ETHICS COMMISSION, Respondent. No. 1352 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: September 10, 2008. Decided: October 17, 2008. Page 1093 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1094 Edmund J. Healy, Slatington, for petitioner. […]

853 A.2d 1172 Patricia J. Skonieczny, Petitioner v. Department of Community and Economic Development, Respondent. Barbara A. Baldwin, Petitioner v. Department of Community and Economic Development, Respondent. Kathleen T. McGuire, Petitioner v. Department of Community and Economic Development, Respondent. Nos. 543 C.D. 2004, 585 C.D. 2004, 595 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: June 25, 2004. […]