Category: Pennsylvania Commonwealth Court Opinions

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. […]

475 A.2d 950 Robert W. Perry, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 18, 1984. Unemployment compensation — Reasonable assurance — Substitute teacher — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. Reasonable assurance of continued employment of a substitute teacher under […]

935 A.2d 936 A L, Inc. v. Twp. of Rostraver. No. 72CD07.Commonwealth Court of Pennsylvania. November 29, 2007. Appeal from the Westmoreland County 2695 of 2006. Decisions Without Published Opinions Affirmed Vacated.

633 A.2d 1267 Kerry W. ALTHOUSE and Mira S. Althouse, and Louis J. Tencza and Donna M. Tencza v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals, Appellants. Timothy J. McMANUS v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals, Appellants. Commonwealth Court of Pennsylvania.Argued March 29, 1993. Decided November 5, […]

845 A.2d 253 Frances Frazier and Larry Frazier, Administrators of the Estate of Cory R. Frazier, Deceased and Frances Frazier and Larry Frazier, Individually v. Commonwealth of Pennsylvania, Pennsylvania State Police, Jenner Township, Conemaugh Township and Trooper David Holtzman. Appeal of: Commonwealth of Pennsylvania, Pennsylvania State Police and Trooper David Holtzman. No. 1903 C.D. 2003.Commonwealth […]

625 A.2d 1271 Wilfred MASON, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ACME MARKETS), Respondent. ACME MARKETS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MASON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 10, 1992. Decided September 24, 1992. Publication Ordered May 26, 1993. Appeal from Workmen’s Compensation Appeal Board, No. A90-2038. Page 11 Katherine M. Mezzanotte, […]

657 A.2d 111 CLOUT, INC. v. CLINTON COUNTY ZONING HEARING BOARD, HEJ Partnership, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1994. Decided March 31, 1995. Appeal from the Court of Common Pleas, Clinton County, No. 947-93, Saxton, Jr., President Judge. Page 112 John A. Gummo, for appellant. David K. Irwin, for appellee. Before McGINLEY and […]

479 A.2d 1171 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Charles A. Gallagher, Appellee. Commonwealth Court of Pennsylvania. August 16, 1984. Motor vehicles — Operator’s license — Suspension — Burden of proof — Points. 1. In a motor vehicle operator’s license suspension case, the Pennsylvania Department of Transportation has the burden of proving the […]

476 A.2d 1001 In Re: Ames Shopping Plaza, Wellsboro Borough, Tioga County, Pennsylvania. Ames Shopping Plaza, Appellant. Commonwealth Court of Pennsylvania.Argued May 2, 1984 June 7, 1984. Taxation — Scope of appellate review — Abuse of discretion — Insufficient evidence — Error of law — Burden of producing evidence — Credibility — Market value — […]

448 A.2d 1194 Alice Mays, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. July 20, 1982. Public assistance — Public Assistance Eligibility Manual — Presumption — Support — Regulations. 1. Sections 183.22 and 183.44(b) of the Public Assistance Eligibility Manual, 55 Pa. Code § 183.22 and 183.44, create a […]

674 A.2d 348 BURRELL EDUCATION ASSOCIATION v. BURRELL SCHOOL DISTRICT and Board of School Directors of the Burrell School District, Appellants. Commonwealth Court of Pennsylvania.Argued November 14, 1996. Decided April 2, 1996. Reargument Denied May 3, 1996. Appeal from the Common Pleas Court of Westmoreland County, No. 1595 of 1995, McCormick, J. Smith, J., concurred […]

633 A.2d 1336 COMACH CONSTRUCTION, INC., Appellant, v. The CITY OF ALLENTOWN. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided November 10, 1993. Appeal from the Common Pleas Court, Lehigh County, No. 89-C-2473, Young, J. Page 606 Henry S. Perkin, for appellant. Patricia A. Siemiontkowski, Asst. City Sol., for appellee. Before CRAIG, President Judge, COLINS, […]

705 A.2d 497 John and Jane PEET, Jr., Petitioners v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1997. Decided January 2, 1998. Appeal from the Board of Finance and Revenue, No. 20315. Page 498 Richard J. Gromen, Jr., Elizabethtown, for petitioners. Ronald H. Skubecz, Senior Deputy Atty. Gen., Harrisburg, for respondent. Before […]

315 A.2d 901 City of Pittsburgh, Appellant, v. Workmen’s Compensation Appeal Board and Mary Alice Sherred, Appellees. Commonwealth Court of Pennsylvania.Argued January 10, 1974 February 26, 1974. Workmen’s compensation — Remand — Findings of fact — Additional evidence — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Rules of evidence […]

388 A.2d 344 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 1021, Section 3TR/W, a Limited Access Highway, in the City of Pittsburgh. Property of Max and Frances Gross. Claim No. 0213115, Parcel No. 95. United States, Appellant. Commonwealth Court of Pennsylvania.Argued May 2, 1978 June 28, […]

540 A.2d 993 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. David J. Olenick, Appellee. Commonwealth Court of Pennsylvania. May 3, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of chemical test — Reasonable grounds — Length of suspension — Harmless error. 1. To justify a suspension […]

368 A.2d 1328 Commonwealth of Pennsylvania v. Fluoro-Plastics, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued December 7, 1976 February 9, 1977. Taxation — Corporate net income tax — Act of 1970, March 16, P.L. 180 — Underestimation of tentative tax — Additional tax — Uniformity — Constitution of Pennsylvania, Article VIII, Section 1 — Due process […]

515 A.2d 995 Leaseway Systems, Inc., and Transport Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Becerra), Respondents. Commonwealth Court of Pennsylvania.Argued April 7, 1986 September 29, 1986. Workers’ compensation — Petition for medical examination — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Interlocutory order. 1. An order of […]

505 A.2d 383 Lavina R. Snow, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 24, 1986. Unemployment compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — School — Cafeteria — Summer recess. 1. It would be counter to the legislative intent of […]

828 A.2d 430 John McGill, Patrick Loynd, Lorraine Pappalardo, Mary A. Futcher, David Zuy, Alisha Amendt and Monroe Court Homeowner’s Association, Appellants v. Southwark Realty Company and Craig Smith. No. 472 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 5, 2003. Filed: July 8, 2003. Page 431 Jonathan Wheeler, Philadelphia, for appellants. Page 432 Richard D. Malmed, […]

271 A.2d 707 In re: Appeal of Michael J. Stefonick from the Decision of the Zoning Hearing Board of Upper Gwynedd Township. Commonwealth Court of Pennsylvania.Argued October 7, 1970 December 9, 1970. Zoning — Special exceptions — Burden of proof — Evidence. 1. Where the evidence does not support a finding that a proposed gasoline […]

945 A.2d 788 Roger SOSSONG, Appellant. v. SHALER AREA SCHOOL DISTRICT and Pittsburgh Regional Building Trade Council. No. 979 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: December 7, 2007. Decided: March 6, 2008. Reargument Denied: May 1, 2008. Appeal from the Court of Common Pleas, Allegheny County, No. GD 07-8602, Timothy Patrick O’Reilly and Michael […]

Berks County Board of Assessment Appeals v. CHF-Kutz-town LLC.[2] No. 1663 C.D. 09.Commonwealth Court of Pennsylvania. April 13, 2010. [2] Reargument En Banc Denied May 28, 2010. Appeal from the Berks County 08-15719. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed.

595 A.2d 775 Barry D. GRIM and Tara A. Grim, his wife, Appellants, v. BOROUGH OF BOYERTOWN, Appellee. Commonwealth Court of Pennsylvania.Argued October 30, 1990. Decided July 25, 1991. Appeal from the Court of Common Pleas, Berks County, No. 5973 Equity 1989, Thomas J. Eshelman, J. Page 428 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

502 A.2d 316 John E. Quinn (Lead Test Case) et al., and other situated members of the Oil, Chemical Atomic Workers International, Local 8-373, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1985 December 24, 1985. Unemployment compensation — Work stoppage — Strike — Lockout — […]

Sharell FOREMAN, Individually and on behalf of Qu’ran Foreman, Tyonna Burton, Daniel Burton, minors, Damon Palmer, Individually and on behalf of Day-Quan Brown, Diamond Palmer, minors, and Roslyn Hawkins, Individually and on behalf of William Clark, Dashawn Clark, Camree Hawkins, minors v. CHESTER-UPLAND SCHOOL DISTRICT, Chester-Upland School District Empowerment Board, C. Marc Woolley, Katherine Schultz, […]

546 A.2d 157 Commonwealth of Pennsylvania, Department of Public Welfare, and John White, Secretary of the Department of Public Welfare, Appellants v. Cynthia Alessi, Appellee. Commonwealth Court of Pennsylvania.Argued June 14, 1988. August 24, 1988. Personal jurisdiction — Rule to show cause — Contempt. 1. To challenge personal jurisdiction when a rule to show cause […]

959 A.2d 529 In re Comm. of PA v. $2,432.00 in U.S. Currency; Shareef. No. 553CD08.Commonwealth Court of Pennsylvania. September 4, 2008. Appeal from the Franklin County 358 MDA 2008 CP-28-MD-0000249-2007 HA-9853. Decisions Without Published Opinions Affirmed.

966 A.2d 1165 MALT BEVERAGES DISTRIBUTORS ASSOCIATION, Petitioner v. PENNSYLVANIA LIQUOR CONTROL BOARD, Respondent. No. 514 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: December 10, 2008. Decided: March 2, 2009. Robert B. Hoffman, Harrisburg, for petitioner. Rodrigo J. Diaz, Executive Deputy Chief Counsel, Harrisburg, for respondent. Robert J. O’Hara, III and Stanley J. Wolowski, Pittsburgh, for intervenor, […]

278 A.2d 180 In Re: Determination of Board for the Assessment and Revision of Taxes Exempting from Real Estate Taxation for the Year 1968 Property of East Pennsylvania Conference of Seventh Day Adventists, Inc., Located in Tilden Township, Berks County. Commonwealth Court of Pennsylvania.Argued May 7, 1971 June 8, 1971. Taxation — Exemptions — Public […]

406 A.2d 248 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. John Rutkowski, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1979 September 14, 1979. Motor vehicles — The Vehicle Code, Act 1959, April 29, P.L. 58 — Operator’s license revocation — Driving while under the influence — Prejudice caused by delay. […]

672 A.2d 389 COMMONWEALTH of Pennsylvania, Appellant v. $26,556.00 SEIZED FROM Christopher POLIDORO. COMMONWEALTH of Pennsylvania, Appellant v. $1,638.00 SEIZED FROM William POLIDORO. Commonwealth Court of Pennsylvania.Argued February 6, 1996. Decided February 29, 1996. Appeal from the Common Pleas Court, Philadelphia County, Nos. 92-993052, 93-001965, 92-993051, and 92-008737, Papalini, J. Page 390 Norman Gross, Assistant […]

404 A.2d 729 James Gravatt, III, Appellant v. Borough of Latrobe and Latrobe Board of Adjustment, Appellees. Commonwealth Court of Pennsylvania.Argued November 2, 1978 July 26, 1979. Zoning — Constitutionality — Exclusionary zoning — Mobile homes — Aesthetics — Property values. 1. In determining whether a zoning ordinance restriction is consistent with the general welfare […]

764 A.2d 681 JAMES J. COYNE, JR.; MARGARET C. LAFFEY; EUGENE J. COYNE; KATHERINE P. COYNE; ANNE C. HOLBACH; THOMAS A. COYNE; ELEANOR C. GALLAGHER; MARGARET C. LAFFEY, EXECUTRIX OF THE ESTATE OF GRACE U. COYNE, DECEASED; THERESA L. COYNE; MARGARET SMITH; JAMES J. COYNE; PATRICIA: DILLMAN; MARK X. COYNE; and ELEANOR T. COYNE, Appellants […]

554 A.2d 133 C. William Brough v. Heidelberg Township Board of Supervisors, York County, Pa. Heidelberg Township, Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1988. January 30, 1989. Municipalities — Subdivision — Scope of appellate review — Zoning — Variance — Street frontage. 1. When the trial court receives no additional evidence in a subdivision […]

354 A.2d 600 Evelyn R. Querry, Widow of Milton H. Querry, deceased, Appellant v. Pennsylvania Glass Sand Corporation and Commonwealth of Pennsylvania, Appellees. Commonwealth Court of Pennsylvania.Argued February 5, 1976 April 1, 1976. Workmen’s compensation — Occupational disease — The Pennsylvania Occupational Disease Act, Act 1939, June 21, — P.L. 566 — Denominated disease — […]

328 A.2d 904 The Townships of Springdale and Wilkins, Plaintiffs, v. Robert P. Kane, Secretary of Revenue; Robert P. Casey, Auditor General; Israel Packel, Attorney General; and Grace M. Sloan, State Treasurer of the Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued September 6, 1974 November 19, 1974. Pleading — Preliminary objections — Motion to […]

944 A.2d 845 Heilig v. Lackawanna County Tax Claim Bureau. No. 1205CD07.Commonwealth Court of Pennsylvania. March 20, 2008. Appeal from the Lackawanna County 2006-Civil-6022. Decision Without Published Opinion Affirmed.

529 A.2d 1157 Commonwealth of Pennsylvania by Attorney General LeRoy S. Zimmerman, Plaintiff v. National Apartment Leasing Company a/k/a NALCO, Defendant. Commonwealth Court of Pennsylvania.Argued May 19, 1987. August 10, 1987. Unfair Trade Practices and Consumer Protection Law, Act of December 17, 1968, P.L. 1224 — Crime — Civil penalties — Prior restraint of speech […]

333 A.2d 485 William J. Owens, Jr., Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1975 March 3, 1975. Motor vehicles — Suspension of motor vehicle operator’s license — Due process — Administrative hearing — The Vehicle Code, Act 1959, April 29, P.L. 58 […]

736 A.2d 52 GREENE COUNTY and GREENE COUNTY CHILDREN AND YOUTH SERVICES v. DISTRICT 2, UNITED MINE WORKERS OF AMERICA and LOCAL UNION 9999, UNITED MINE WORKERS OF AMERICA, Appellants. Commonwealth Court of Pennsylvania.Argued: June 17, 1999. Filed: July 29, 1999. Page 53 Appeal from No. 3432 C.D. 1998. Page 54 Michael J. Healey, for […]

477 A.2d 576 Borough of Baldwin, Appellant v. Clarence Schmidt, Appellee. Commonwealth Court of Pennsylvania.Argued March 16, 1984 May 30, 1984. Civil Service — Scope of appellate review — Substantial evidence. 1. A decision of a civil service commission to modify penalties imposed upon a police officer by a borough council is appropriate when such […]

535 A.2d 680 City of Pittsburgh, a municipal corporation, and Richard S. Caliguiri, an individual and Mayor, City of Pittsburgh, Petitioners v. Commonwealth of Pennsylvania, Richard L. Thornburgh, Governor, Commonwealth of Pennsylvania, and James I. Scheiner, Secretary of Revenue, Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1987. December 24, 1987. Municipalities — […]

747 A.2d 958 MEADVILLE FORGING COMPANY and TRANS-GENERAL SERVICES COMPANY, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (ARTMAN), Respondent. No. 2620 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 31, 1999. Filed: February 1, 2000. Appeal from the Workers’ Compensation Appeal Board. John M. Cerilli, for petitioners. Pamela M. Schiller and Barbara E. Holmes, for repsondent. Page 959 […]

611 A.2d 1350 Charles L. BOWERS, Jr. and Hazel J. Bowers, his wife, Charles Bowers, Sr. and Goldie Bowers, his wife, and Ronald Bowers and Bess Bowers, his wife, Appellants v. TEXAS EASTERN TRANSMISSION CORPORATION, Appellee. Commonwealth Court of Pennsylvania.Argued May 11, 1992. Decided June 12, 1992. Page 501 Appeal from the Court of Common […]

STRUTHERS WELLS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SKINNER), Respondent. No. 1136 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs October 23, 2009. Decided March 12, 2010. Bridget L. Smith, Pittsburgh, for petitioner. Eric P. Betzner, Washington, for respondent. BEFORE: McGINLEY, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge. OPINION BY Senior Judge FLAHERTY. Struthers Wells […]

459 A.2d 78 Charles C. Lowry, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Hall’s Motor Transit Company, Intervenor. Commonwealth Court of Pennsylvania. May 6, 1983. Unemployment compensation — Willful misconduct — Work rule — Burden of proof — Good cause — Remand. 1. In an unemployment compensation case involving an allegation […]

720 A.2d 805 COMMONWEALTH of Pennsylvania v. Timothy J. BAUMER, Appellant (Two Cases). Commonwealth Court of Pennsylvania.Submitted on Briefs September 25, 1998. Decided November 17, 1998. Appeal from the Court of Common Pleas, 37th Judicial District, Warren County Branch, Nos. 287, 419, of 1992, Millen, President Judge. Page 806 Timothy J. Baumer, petitioner, pro se. […]

UPPER MERION TOWNSHIP v. UPPER MERION TOWNSHIP POLICE OFFICERS, Appellant. No. 941 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 14, 2006. Decided December 29, 2006. Appeal from the Court of Common Pleas, Montgomery County, No. 05-10934, Bertin, J. Page 175 Richardson Todd Eagen, Harrisburg, for appellant. John Patrick McLaughlin, Philadelphia, for appellee. BEFORE: McGINLEY, Judge, COHN […]

585 A.2d 612 Henry W. THISSEN, Jr., Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (HALL’S MOTOR TRANSIT and Home Indemnity Company), Respondents. Commonwealth Court of Pennsylvania.Submitted November 16, 1990. Decided January 11, 1991. Appeal from the Workmen’s Compensation Appeal Board No. A-95907. Page 228 Fred H. Hait, Griffie Associates, Carlisle, for petitioner. Trudy H. McGraw, Post […]

601 A.2d 1348 COMMUNITY COLLEGE OF ALLEGHENY COUNTY, Audrey Bruno and Bernice Casella, Appellants, v. Gladys A. SEIBERT, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1991. Decided January 8, 1992. Petition for Allowance of Appeal Granted June 9, 1992. Appeal from the Court of Common Pleas, Allegheny County, No. GD 90-03342, Judith L.A. Friedman, J. […]

470 A.2d 1113 Consolidated Gas Supply Corporation, Appellant v. County of Clinton et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 15, 1983 January 26, 1984. Taxation — Equity jurisdiction — Constitutional challenge — Adequate statutory remedy — Fourth to Eighth Class County Assessment Law, Act of May 21, 1943, P.L. 571. 1. Equity has jurisdiction […]

646 A.2d 734 Clarence L. STUMPP, Appellant, v. STROUDSBURG MUNICIPAL AUTHORITY. Commonwealth Court of Pennsylvania.Submitted on Briefs April 12, 1994. Decided August 10, 1994. Petition for Allowance of Appeal Granted November 18, 1994. Appeal from the Common Pleas Court, Monroe County, No. 3244 Civil 1992, Vican, J. Page 555 Ronold J. Karasek, for appellant. Michael […]

433 A.2d 146 Edward S. Finkelstein, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1981 August 5, 1981. Sewers — Statutory construction — Statutory Construction Act of 1972, 1 Pa. C. S. § 1903 and § 1933 — Ordinance — Easement. 1. The rules of statutory construction are applicable to statutes […]

275 A.2d 417 Alfred V. Meitner v. State Real Estate Commission. Commonwealth Court of Pennsylvania.Argued January 12, 1971 March 19, 1971. State Real Estate Commission — Licensed real estate broker — Subterfuge to avoid the Real Estate Brokers’ License Act, Act 1929, May 1, P. L. 1216 — Licensed salesman of broker selling land of […]

391 A.2d 1134 John Kevin Daly, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission and Eagle Downs Racing Association, Respondents. Commonwealth Court of Pennsylvania.Argued June 9, 1978 October 4, 1978. Pennsylvania State Horse Racing Commission — Scope of appellate review — Violation of constitutional rights — Error of law — Violation of procedural […]

801 A.2d 644 Samuel E. Wiley, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 3017 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: May 17, 2002. Filed: June 25, 2002. William Ruzzo, Wilkes-Barre, for petitioner. Amy M. Elliott, Harrisburg, for respondent. Before: Honorable Dan Pellegrini, Judge; Honorable Renee L. Cohn, Judge; Honorable Jess S. Jiuliante, Senior […]

353 A.2d 887 Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission and Philadelphia Electric Company, Intervening Appellee v. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued October 8, 1975 March 5, 1976. Public utilities — Rate determination proceeding — Standing of the Commonwealth to appeal — Scope of appellate review — Error of law — Violation […]

Zeller v. Comm. of PA. No. 2059 C.D. 10.Commonwealth Court of Pennsylvania. August 3, 2011. Appeal from the Westmoreland County CP-65-SA-0000056-2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

332 A.2d 848 The Board of Commissioners of McCandless Township, Appellant, v. Beho Development Company, Inc., Albert Singer and Ernest G. Roessler, Appellees. Commonwealth Court of Pennsylvania.Argued January 8, 1975 February 20, 1975. Zoning — Request for rezoning — Challenge to validity of zoning ordinance — Request for curative amendment — Pennsylvania Municipalities Planning Code, […]

474 A.2d 422 M. Gleyn Hinds, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 26, 1984. Unemployment compensation — Scope of appellate review — Burden of proof — Capricious disregard — Referee — Letter — Health problems — Necessitous and compelling cause. 1. In an unemployment compensation […]

754 A.2d 724 COMMONWEALTH OF PENNSYLVANIA v. BART McCONLEY, APPELLANT. No. 1900 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: February 7, 2000. Filed: June 9, 2000. Appeal from the Court of Common Pleas, Allegheny County, Ross J. Page 725 S. Michael Streib, Pittsburgh, for appellant. Sally K. Kaye, Pittsburgh, for appellee. Before: Honorable Bernard L. McGinley, Judge, […]

347 A.2d 524 Audrey Graybill, Dennis M. Spancake, Michael N. Wilson and Jane O. Zeigler v. Juniata County School District, Appellant. Audrey Graybill, Dennis M. Spancake, Michael N. Wilson and Jane O. Zeigler, Appellants, v. Juniata County School District, Appellee. Commonwealth Court of Pennsylvania.Argued September 12, 1975 November 14, 1975. Schools — Laches — Pa.R.C.P. […]

523 A.2d 1208 D.C. Guelich Explosives Company v. The Zoning Hearing Board of Mifflin Township, Columbia County, Pennsylvania and The Supervisors of Mifflin Township, Columbia County, Pennsylvania. The Supervisors of Mifflin Township, Columbia County, Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued September 9, 1986 April 10, 1987. Zoning — Explosives storage — Scope of appellate review […]

729 A.2d 654 IN RE: APPEAL OF JOSEPH A. PULEO, JR. FROM DECISION OF ZONING HEARING BOARD, SCHUYLKILL TOWNSHIP, Appellant. No. 1914 C.D. 1998.Commonwealth Court of Pennsylvania.Argued March 8, 1999. Filed May 4, 1999. Appeal from the Court of Common Pleas, Chester County, No. 97-01315, Ott, J. Page 655 Robert J. Sugarman, Philadelphia, for appellant. […]

508 A.2d 1335 Labhshanker S. Dave, Petitioner v. Workmen’s Compensation Appeal Board (Raybestos Manhattan, Inc.), Respondents. Commonwealth Court of Pennsylvania. May 15, 1986. Workmen’s compensation — Final receipt — Burden of proof — Availability of work — Notice of opportunities for employment. 1. A workmen’s compensation claimant seeking to set aside a final receipt must […]

Morgan KEPPLEY, individually and on behalf of all others similarly situated, Appellant, v. SCHOOL DISTRICT OF TWIN VALLEY, Pennsylvania; George Krapf Jr. Sons, Inc.; Eshelman Transportation, Inc.; Gary McEwen; Paul Oldham; Daniel Dierksheide; Lisa Giordano; John Prinzo; John Manidis; Norman Rhoads; David McElhenny; Anne Tunbridge; and Jeffrey Ploppert. Commonwealth Court of Pennsylvania.Argued November 2, 2004. […]

DOLLAR TREE STORES, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (REICHERT), Respondent. No. 797 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs July 20, 2007. Decided August 13, 2007. Page 814 Andrea Weaver, Media, for petitioner. James B. Mogul, Bala Cynwyd, for respondent. BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and LEAVITT, Judge. OPINION BY Judge PELLEGRINI. Dollar […]

544 A.2d 544 In Re: Estate of Cecelia L. Scott. Margaret M. Reichard, Administratrix of the Estate of Cecelia L. Scott, deceased, Appellant. Commonwealth Court of Pennsylvania.Argued April 19, 1988. June 30, 1988. Inheritance tax — Scope of appellate review — Inheritance and Estate Tax Act, 72 Pa. C. S. §§ 1701-1754 — Disallowance — […]

340 A.2d 586 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Edward Lee, Appellant. Commonwealth Court of Pennsylvania.Argued June 6, 1975 July 7, 1975. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence — Wilful misconduct — Threats to a superior — Unemployment […]

873 A.2d 31 In Re Appeal of ORDER OF ST. PAUL THE FIRST HERMIT from the County of Bucks Board of Assessment Appeals. Appeal of St. Paul the First Hermit. Commonwealth Court of Pennsylvania.Argued March 1, 2005. Decided: April 22, 2005. Appeal from the Court of Common Pleas, Bucks County, No. 2002-05267-18-5, Rufe, J. Page […]

744 A.2d 798 L.J.S., Petitioner v. STATE ETHICS COMMISSION, Respondent No. 106 M.D. 1998Commonwealth Court of Pennsylvania.Argued: October 6, 1999 Filed: January 13, 2000 Page 799 A. Tedd Hudock, Punxsutawney, for petitioner. John J. Contion, Harrisburg, for respondent. Before: DOYLE, President Judge, COLINS, J., McGINLEY, J., SMITH, J., KELLEY, J., FLAHERTY, J., and LEADBETTER, J. […]

336 A.2d 910 George Calantoni Sons, Inc., Appellee, v. Forks Township, Appellant. Commonwealth Court of Pennsylvania.Argued March 31, 1975 May 2, 1975. Zoning — Planned residential development — Scope of appellate review — Findings of fact — Substantial evidence — Examination of plan — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — […]

399 A.2d 829 Charles L. Feather and Ritchey Trucking, Inc., Petitioners v. Pennsylvania Public Utility Commission and Samuel J. Lansberry, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued March 8, 1979 April 9, 1979. Public utilities — Transfer of rights — Abandonment of authority — Necessity — Presumption. 1. Mere absence of use of authority granted by […]

740 A.2d 297 PFG GAS, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA and DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE COMMONWEALTH OF PENNSYLVANIA, Respondents Commonwealth Court of Pennsylvania.Argued: October 4, 1999 Filed: November 4, 1999 Page 298 Bonnie Allyn Barnett, Allentown, for petitioner. Martin R. Siegel, Harrisburg, for respondent. Before: COLINS, J., FRIEDMAN, J., and JIULIANTE, Senior […]

387 A.2d 949 Pennsylvania Macaroni Co., Inc. and Liberty Mutual Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Roger Cahill, Respondents. Commonwealth Court of Pennsylvania.Argued May 1, 1978 June 12, 1978. Workmen’s compensation — Reimbursement from Workmen’s Compensation Supersedeas Fund — Failure to act on requested supersedeas — The Pennsylvania Workmen’s […]

532 A.2d 1241 Roadway Express, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Connery), Respondents. Commonwealth Court of Pennsylvania. October 29, 1987. Workers’ compensation — Partial disability — Date of modification of benefits — Earning power computation — Rental value of lodging furnished. 1. Although normally the controlling date in determining when a condition of total […]

459 A.2d 1308 Kenneth R. Oppenheim, D.D.S., Steven M. Sloan, D.D.S., Petitioners v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs, State Dental Council and Examining Board, Respondents Commonwealth Court of Pennsylvania.Argued April 6, 1983 May 6, 1983. Professional licensing — Dentistry — Suspension — Scope of appellate review — Unlicensed […]

806 A.2d 975 City Council of Philadelphia, for itself and On behalf of the City of Philadelphia and Bondholders of Philadelphia Gas Works Revenue Bonds issued by the City of Philadelphia and David Cohen, Marian Tasco and Angel Ortiz, individual members of the Philadelphia City Council and resident voters of Philadelphia and Customers of the […]

557 A.2d 1160 Warren Mulgrew, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1989. April 27, 1989. Department of Public Welfare — Liability for cost of care — Substantiation of expenditures — Assistance to patient — Exemption of veteran’s benefits — Veterans’ Benefits Act, 38 U.S.C. § […]

552 A.2d 718 Frank A. Nardo and June A. Nardo, Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1988. December 6, 1988. Department of Transportation — Highway occupancy permit — State Highway Law, Act of June 1, 1945, P.L. 1242 — Right to ingress — Scope of appellate […]

598 A.2d 1069 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Blaine E. BEATTY, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs September 21, 1990. Decided October 25, 1991. Appeal from the Court of Common Pleas, Westmoreland County, No. 4437 of 1989, Donetta W. Ambrose, J. Page 273 Timothy P. Wile, Asst. […]

400 A.2d 1379 Mollie Abeshaus et al., Appellants v. Pottsville Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued February 9, 1979 May 9, 1979. Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three. Appeal, No. 1399 C.D. 1977, from the Order of the Court of Common […]

718 A.2d 908 Budd HESS, Michael Polesovsky, Kenneth Herr, George Derby and Lee Crowell, Appellants v. BARTON GLEN CLUB, INC. Budd HESS, Michael Polesovsky, Kenneth Herr, George Derby and Lee Crowell v. BARTON GLEN CLUB, INC., Appellant. Commonwealth Court of Pennsylvania.Argued April 14, 1998. Decided October 5, 1998. Appeal from the Common Pleas Court, Monroe […]

Schnupp v. Warwick Township Zoning Hearing Board. No. 1144CD08.Commonwealth Court of Pennsylvania. March 6, 2009. Appeal from the Lancaster County CI-07-10150. Decisions Without Published Opinions Affirmed.

449 A.2d 791 Audrey I. James, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 25, 1982. Unemployment compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Voluntary termination — Cause of a necessitous and compelling nature — Domestic obligations — […]

933 A.2d 139 Craig STAFFORD, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ADVANCED PLACEMENT SERVICES), Respondent. No. 542 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: June 29, 2007. Decided: September 21, 2007. Appeal from the Worker’s Compensation Appeal Board, No. A06-1250. Page 140 Craig A. Markham, Erie, for petitioner. Francis A. Veltri, Butler, for respondent. BEFORE: […]

752 A.2d 434 MICHAEL and JANET POLAY, Appellants v. BOARD OF SUPERVISORS OF WEST VINCENT TOWNSHIP, THE ZONING AND CODE ENFORCEMENT ADMINISTRATION OF THE TOWNSHIP OF WEST VINCENT and CONCERNED CITIZENS OF WEST VINCENT TOWNSHIP, INC. No. 1422 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: March 6, 2000. Filed: April 24, 2000. Reargument Denied June 20, 2000. […]

845 A.2d 203 Wally Yaracs, Appellant v. Summit Academy and C.S.C. Academy, Inc., The Township of Summit, Butler County. No. 2448 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 3, 2004. Filed: March 2, 2004. Page 204 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

309 A.2d 84 Michael Orlando, Appellant v. Schiavo Brothers, Incorporated and Continental National American Group, Insurance Carrier, and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued June 7, 1973 August 29, 1973. Workmen’s compensation — Average weekly wage — Bonus — Discretion of employer — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

516 A.2d 776 In Re: Nomination Petitions of Eugene J. Duncan, Candidate for Election to the United States House of Representatives. Petition of David A. Huber. Commonwealth Court of Pennsylvania. April 15, 1982. Elections — Pennsylvania Elections Code, Act of June 3, 1937, P.L. 1333 — Nomination petitions — Amendment — Affidavit — 42 Pa. […]

719 A.2d 840 J.E. HOUCK AMBULANCE SERVICE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BOWSER), Respondent. Commonwealth Court of Pennsylvania.Submitted July 31, 1998 Decided October 22, 1998 Appeal from Workers’ Compensation Appeal Board, No. A95-388. Page 841 James R. Scallion, Hazelton, for petitioner. Lester Krasno, Pottsvillek, for respondent. Before FLAHERTY, and LEADBETTER, JJ., NARICK, Senior Judge. […]

454 A.2d 692 Joseph Wargo, Appellant v. Commonwealth of Pennsylvania, Appellee. McAdoo Association, E. L. Payer, Secretary-Treasurer, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 13, 1982 January 25, 1983. Pennsylvania Solid Waste Management Act, Act of July 31, 1968, P.L. 788 — Laboratory tests — Industrial waste — Road oil. 1. […]

300 A.2d 842 Paris Linen and Decorating Shops, Inc. v. Trumbull. Commonwealth Court of Pennsylvania.Argued October 6, 1972 March 2, 1973. Workmen’s compensation — Fact determinations — Outside salesmen — Going home from work — Course of employment — Furtherance of employer’s business — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. […]

535 A.2d 1238 Lancaster General Hospital, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1987. January 20, 1988. Department of Public Welfare — Medical facility reimbursement — Correction of error by provider — Recalculation — Scope of appellate review — Violation of constitutional rights — Error of […]

TEMPLE UNIVERSITY HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SINNOTT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2004. Decided January 14, 2005. Appeal from the Workers’ Compensation Appeal Board, A03-2389. Page 490 Audrey J. Copeland, Newtown Square, for petitioner. Christina J. Barbieri, Philadelphia, for respondent. BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and McCLOSKEY, […]