Category: Pennsylvania Commonwealth Court Opinions

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, […]

629 A.2d 265 CITY OF PITTSBURGH, Appellant v. AMERICAN ASBESTOS CONTROL COMPANY and United Capitol Insurance Company, and Donald Neuberger, Guardian of the Estate of Douglas Neuberger, an incompetent, McDonough Caperton v. McDONOUGH CAPERTON INSURANCE GROUP, INC. Commonwealth Court of Pennsylvania.Argued June 14, 1993. Decided July 21, 1993. Appeal from the Common Pleas Court, Allegheny […]

461 A.2d 656 In Re: Commonwealth of Pennsylvania v. One 1976 Chevrolet Sedan (Wilbur Sample). Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued March 2, 1983 June 27, 1983. Liquor licensing — Liquor Code, Act of April 12, 1951. P.L. 90 — Forfeiture — Abuse of discretion — Vehicle — Burden […]

806 A.2d 984 Nathaniel Brown, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 365 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 31, 2002. Filed: September 12, 2002. Suzanne M. Swan, John Ciroli and M. Susan Ruffner, Pittsburgh, for petitioner. Amy M. Elliott, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Renée […]

610 A.2d 1082 Shirley A. MORRISON, Administratrix of the Estate of George Morrison, Deceased, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, OFFICE OF MENTAL HEALTH (WOODVILLE STATE HOSPITAL), and Schleifer’s Ambulance Services and J.P. Harika, M.D., Appellees. Commonwealth Court of Pennsylvania.Argued February 4, 1992. Decided May 29, 1992. Reargument Denied July 16, 1992. […]

393 A.2d 41 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 4, Section 30. Estate of Stanley Croop, Deceased v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1978 October 27, 1978. Eminent domain — Scope of appellate review — […]

629 A.2d 208 Polly A. BENNETT, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (FORT LeBEOUF SCHOOL DISTRICT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 14, 1993. Decided July 14, 1993. Appeal from the Workers Compensation Appeal Board No. A92-432. Page 125 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

409 A.2d 446 The Peoples Natural Gas Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent; City of Pittsburgh et al., Intervenors. United States Steel Corporation, Petitioner v. Pennsylvania Public Utility Commission, Respondent; The Peoples Natural Gas Company et al., Intervenors. Allegheny Ludlum Industries, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent; The Peoples Natural Gas […]

646 A.2d 621 COMMONWEALTH of Pennsylvania v. $8006.00 U.S. CURRENCY SEIZED from Keith Stanley CARTER. Keith Stanley Carter, Appellant. Commonwealth Court of Pennsylvania.Argued May 12, 1994. Decided July 27, 1994. Appeal from the Court of Common Pleas of Philadelphia County, M.R. No. 92-997495, Papalini, J. Page 252 Vincent J. Zoccardo, for appellant. George S. Leone, […]

348 A.2d 451 Robert S. Brill and Dolores Brill, husband and wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1975 December 5, 1975. Eminent domain — Motion for new trial — Scope of appellate review — Abuse of discretion — Error of law — Right of access to […]

394 A.2d 1071 Westinghouse Electric Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Arthur L. Gray, Deceased, by Erin F. Gray, Daughter, Respondents. Commonwealth Court of Pennsylvania.Argued November 3, 1977 December 4, 1978. Workmen’s compensation — Death — The Pennsylvania Workmen’s Compensation Act, Act 1915 June 2, P.L. 736 — Posthumous illegitimate […]

643 A.2d 1155 Michael John SLADIC, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs April 29, 1994. Decided June 7, 1994. Appeal from the Common Pleas Court, Allegheny County, No. S.A. 4251 of 1992, Douyle, J. Page 620 William A. Kuhar, Jr., Asst. Counsel, Appellate […]

520 A.2d 1234 Mike Barna, Jr., Petitioner v. Workmen’s Compensation Appeal Board (Rochester Pittsburgh Coal Company) (Heyl Patterson Construction Company) (Shenango, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued October 10, 1986 February 6, 1987. Workmen’s compensation — Scope of appellate review — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Liable […]

Edward L. FLANDERS, Jr., t/d/b/a E.L. Flanders-ELF Appliance and Service, Appellant v. FORD CITY BOROUGH COUNCIL Per The Ford City Uniform Construction Code Board of Appeals. No. 695 C.D. 2009.Commonwealth Court of Pennsylvania.Argued October 13, 2009. Decided December 24, 2009. Page 965 Appeal from the Court of Common Pleas, Armstrong County, 2008-0336-Civil, Valasek, President Judge. […]

Mifflin-Juniata Career and Technology Center v. Association of Mifflin County Educators. No. 1889CD10.Commonwealth Court of Pennsylvania. April 14, 2011. Appeal from the Mifflin County CP-14-CV-1763 2009. Decisions Without Published Opinions Affirmed.

780 A.2d 814 E.O.J., Inc. v. The Tax Claim Bureau of Schuylkill County and Commonwealth Environmental Systems, L.P. E.O.J., Inc. v. The Tax Claim Bureau of Schuylkill County and Richard J. Withelder, John R. Withelder, Sr., Alyce W. Harman; and Dianne L. Withelder, Successors in interest to Ross Withelder, a/k/a Jackie Withelder and Commonwealth Environmental […]

936 A.2d 1251 Lycoming County v. Teamsters Local No. 764. No. 849CD06.Commonwealth Court of Pennsylvania. December 3, 2007. Appeal from the Lycoming County 05-00246. Decisions Without Published Opinions Affirmed.

624 A.2d 259 Joseph Thomas ZLAKOWSKI, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Commonwealth Court of Pennsylvania.Argued February 1, 1993. Decided April 2, 1993. Appeal from the Common Pleas Court, Bucks County, No. 84-08211-11-2, Leonard B. Sokolove, J. Page 529 Louis Kattelman, for appellant. Alton G. Grube, Senior Deputy Atty. Gen., for appellee. Before […]

673 A.2d 1028 Elmer C. GRAFF Cecilia A. Graff v. Bernard M. SCANLAN Susan A. Scanlan, his wife, and John D. Norman Elaine J. Norman, his wife, Appellants. Commonwealth Court of Pennsylvania.Argued October 16, 1996. Decided March 22, 1996. Appeal from Court of Common Pleas, Chester County, 91-11497, Shenkin, J. Page 1029 Timothy F. Hennessey, […]

408 A.2d 1207 Florence Colduvell, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 13, 1979 December 28, 1979. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Cause of a necessitous and compelling nature — […]

873 A.2d 795 Robert J. BRADY, Individually and on behalf of Democratic Executive Committee of Philadelphia and Vito F. Canuso, Jr., individually and on behalf of Republican City Committee, Petitioners v. Pedro A. CORTES, Secretary of the Commonwealth and Harry A. Vansickle, Commissioner of Elections, Respondents. No. 118 M.D. 2005.Commonwealth Court of Pennsylvania. Decided: April […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Mihal v. Comm. …………….. 2560CD97 3/2/98 Allegheny County Vacated and SA 485-1997 Remanded Young v. Walsh …………….. 2521CD97 3/2/98 Lackawanna County Affirmed 96 CV 4773 City of Philadelphia v. Tuono .. 1128CD97, 3/3/98 Philadelphia County Reversed 1130CD97 3437 […]

SWIFT v. WEST BRADFORD TOWNSHIP. No. 471CD04.Commonwealth Court of Pennsylvania. September 8, 2004. Appeal from the Chester County 02-03783. Decision without published opinion. Reversed.

564 A.2d 1048 EASTERN INVESTMENT COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1989. Decided October 13, 1989. Appeal No. 1664 C.D.1987, Barry, J., from the Order of the Board of Finance and Revenue. Melvin Alan Bank, Bank, Minehart D’Angelo, Philadelphia, for petitioner. Ronald H. Skubecz, Eugene J. Anastasio, Deputy […]

Vianello v. Monroe County Board of Assessment Appeals.[2] No. 51CD07.Commonwealth Court of Pennsylvania. February 20, 2008. [2] Reargument Denied April 21, 2008. Appeal from the Monroe County 3102 Civil 2006. Decisions Without Published Opinions Affirmed.

422 A.2d 1220 Catherine Krist, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and National Home Life and Assurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued October 6, 1980 December 5, 1980. Workmen’s compensation — Fall — Aggravation of preexisting condition — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — […]

335 A.2d 541 Pennsylvania Public Utility Commission, Appellee, v. Commonwealth of Pennsylvania, Department of Transportation, Appellant, and The Pittsburg Shawmut Railroad Co., Intervening Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1975 March 26, 1975. Public utilities — Specificity of findings of the Pennsylvania Public Utility Commission — Remand. Page 166 1. Where the lack of […]

313 A.2d 784 Terpsi Printzas, D. D. DeRado and Lale DeRado, His Wife, Harry W. Haley and Edna Haley, His Wife, Joseph A. Bruni and Josephine Bruni, His Wife, Appellants v. Borough of Norristown, Appellee, and Downtown Norristown, Inc., Intervening Appellee. Commonwealth Court of Pennsylvania.Argued October 2, 1973 November 5, 1973. Zoning — Appeals — […]

314 A.2d 575 Charles Kasych, Jr. and Charles Kasych, Sr., Appellants, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 January 17, 1974. Eminent domain — Motion for new trial — Scope of appellate review — Abuse of discretion — Error of law — Credibility — Weight of evidence […]

641 A.2d 20 TOWNSHIP OF SOUTH PARK v. COUNTY OF ALLEGHENY, Appellant. Commonwealth Court of Pennsylvania.Argued February 28, 1994. Decided April 8, 1994. Appeal from the Court of Common Pleas, Allegheny County, No. GD 92-13784, Judith Friedman, J. Page 274 George C. Diamantopulos, First Asst. Sol., for appellant. Blaine A. Lucas, for appellee. Page 275 […]

755 A.2d 69 REGINA STEGLIK, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DELTA GULF CORPORATION), Respondent. No. 2382 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: November 3, 1999. Filed: June 19, 2000. Appeal from the Workers’ Compensation Board. Page 70 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

856 A.2d 217 City Council of the City of Philadelphia, Anna C. Verna, President, Committee on Law and Government, David Cohen, Chairman v. Carl R. Greene and The Philadelphia Housing Authority, Appellants. No. 2831 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 10, 2004. Filed: July 21, 2004. Page 218 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

PIAD PRECISION CASTING and AIG Claims Services, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (BOSCO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: September 8, 2006. Decided: December 28, 2006. Publication Ordered: April 27, 2007. Page 968 Jeffrey R. Wilson, Pittsburgh, for petitioner, PIAD Precision Casting. Ronald J. Fonner, Greensburg, for respondent. BEFORE: SMITH-RIBNER, Judge, COHN JUBELIRER, […]

320 A.2d 438 City of Philadelphia, Appellant, v. William H. Lynch, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1974 May 29, 1974. Employment — Regulation 32 of the Philadelphia Civil Service Commission — Remand — Impartial medical board — Interlocutory order — Local Agency Law, Act 1968, December 2, P. L. 1133 — Findings of […]

497 A.2d 943 Upper Bucks County Area Vocational-Technical School Joint Committee, et al., Appellants v. Upper Bucks County Vocational-Technical School Education Association, et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 10, 1985 September 4, 1985. Schools — Labor dispute — Timeliness of grievance — Power of arbitrator — Scope of appellate review — Conflict of […]

370 A.2d 768 Erie-Western Pennsylvania Port Authority v. Joseph Rugare, d/b/a Julie Marie Lake Rides, Appellant. Commonwealth Court of Pennsylvania.Argued May 3, 1976 March 3, 1977. Authorities — Port facilities — Third Class City Port Authority Act, Act 1972, December 6, P.L. 1392 — Regulation of fares and use of facilities — Jurisdiction of Pennsylvania […]

702 A.2d 1102 Joseph D’ALONZO, Arthur C. Bodman, Barbara M. Huber, Diane J. Wright, Thomas D. Folkman, Carolyn F. Folkman, Petitioners, v. STATE REAL ESTATE COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1997. Decided November 5, 1997. Reargument Denied December 22, 1997. Page 1103 Christen A. Gilmore, Lansdale, for Petitioner. Jackie Wiest Lutz, Harrisburg, […]

306 A.2d 404 Pennsylvania Labor Relations Board v. State College Area School District. Commonwealth Court of Pennsylvania.Argued March 7, 1973 June 6, 1973. Schools — Pennsylvania Labor Relations Board — Unfair labor practice — Scope of appellate review — Substantial credible evidence — Reasonableness — Capricious, arbitrary or illegal conclusions — Public Employe Relations Act, […]

350 A.2d 428 Commonwealth of Pennsylvania v. Edward H. Fisher, Appellant. Commonwealth Court of Pennsylvania.Argued December 5, 1975 January 16, 1976. Zoning — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Words and phrases — Subdivision — Plat — Police power — Reasonable regulations — Constitution of the United States, Fourteenth Amendment […]

406 A.2d 1211 Howard King, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 1, 1979 October 23, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Obscene language. 1. An employe discharged for using unprovoked obscene and vulgar […]

449 A.2d 868 Wanda King Bollinger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 3, 1982. Unemployment compensation — Willful misconduct — Prior act — Pennsylvania Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Scope of appellate review. 1. For unemployment compensation purposes, […]

Brautigam v. Allegheny County. No. 480CD08.Commonwealth Court of Pennsylvania. January 28, 2009. Allegheny County GD 06-13115. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed .

650 A.2d 1117 DEPARTMENT OF PUBLIC WELFARE, Petitioner, v. MAPLEWOOD MANOR CONVALESCENT CENTER, INC., Respondent. Commonwealth Court of Pennsylvania.Submitted September 22, 1994. Decided November 4, 1994. Appeal from the Department’s office of Hearings and Appeal (OHA). Page 315 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

277 A.2d 867 J. Miller Co. and Selective Insurance Company v. Samuel E. Mixter. Commonwealth Court of Pennsylvania.Argued April 21, 1971 May 25, 1971. Workmen’s Compensation — Employment relationship — Sympathy — Independent contractor — Right of control — Burden of proof — Scope of appellate review. 1. Legal principles rather than sympathy for an […]

437 A.2d 1318 Harrison S. Comstock, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1981 December 23, 1981. Unemployment compensation — Voluntary termination — Failure to exercise bumping privilege. 1. An employe who fails to exercise contractually guaranteed bumping privileges and thus accepts a layoff is […]

637 A.2d 746 Mark WESTERFER and Kathleen Gustin, Petitioners, v. INSURANCE COMMISSIONER OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided February 1, 1994. Reargument Denied March 29, 1994. Appeal from the Insurance Commissioner. Page 569 Gerald A. Kinchy, for petitioners. Scott M. Schwartz, Dept. Counsel, for respondent. Matthew Chaball, III, for intervenor, […]

527 A.2d 1094 Commonwealth of Pennsylvania, Department of Public Welfare, Petitioner v. School District of Philadelphia, Respondent. Commonwealth Court of Pennsylvania.Argued April 21, 1987. June 25, 1987. Board of Claims — Reimbursement of school district — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Timeliness of claim […]

356 A.2d 844 Edna Lewison, Mattie Giles, Cornelia Mosley and Helen Wall, Plaintiffs v. Louis P. Vitti, Commissioner of Professional and Occupational Affairs, and Commonwealth of Pennsylvania, c/o Secretary of the Commonwealth, Defendants. Commonwealth Court of Pennsylvania. April 14, 1976. Nurses — Nursing licenses — Mandamus — Specificity of complaint — Practical Nurse Law, Act […]

721 A.2d 1133 Jean CONDRAN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (H.B. REESE CANDY CO.), Respondent Commonwealth Court of Pennsylvania.Submitted on Briefs August 28, 1998. Decided November 10, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A96-2089. Page 1134 Harry W. Reed, Jr., Lebanon, for petitioner. Robert J. Goduto, Harrisburg, for respondent. BEFORE FLAHERTY […]

425 A.2d 885 Mamie Elliott, Widow of Clem Elliott, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Bethlehem Mines Corporation and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued November 20, 1980 February 24, 1981. Workmen’s compensation — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 […]

534 A.2d 579 Cornelius Ferguson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 10, 1987. Pennsylvania Board of Probation and Parole — Scope of appellate review — Substantial evidence — Error of law — Violation of constitutional rights — Presumptive backtime range — Written justification — […]

455 A.2d 300 Michael L. Stauffer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 4, 1983. Unemployment compensation — Wilful misconduct — Burden of proof — Temporary shift change — Personal preference — Good cause. 1. A discharged employe is ineligible for unemployment compensation benefits when the […]

624 A.2d 218 Joseph WILLIAMSON, III, a minor by Joseph WILLIAMSON, Jr., and Noreen Williamson, as parents and natural guardians of Joseph Williamson, III and Joseph Williamson, Jr., and Noreen Williamson, h/w, Appellants, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellee. Commonwealth Court of Pennsylvania.Argued February 2, 1993. Decided March 31, 1993. Appeal from the Common Pleas […]

423 A.2d 1340 The Christian School Association of Greater Harrisburg, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. The Christian School of Grace Baptist Church, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. Northumberland Christian School, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. Frankford Friends […]

372 A.2d 1262 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Harold D. Katz v. The Evening Bulletin and The Employers Mutual Liability Insurance Company of Wisconsin, Appellants. Commonwealth Court of Pennsylvania.Argued February 4, 1977 May 10, 1977. Workmen’s compensation — Notice of accident — The Pennsylvania Workmen’s Compensation Act, Act 1915, June […]

413 A.2d 480 Jill Hope Mogil, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1980 April 21, 1980. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Duty to advise of appeal rights — Due process. 1. […]

491 A.2d 293 William S. Watson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 15, 1985. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Self-employment — Substantial degree of control — Limited partnership — Loan. 1. […]

Diane CHAPMAN, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1583 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs January 14, 2011. Decided April 25, 2011. Appeal from the Unemployment Compensation Board of Review, Appeal No. B-1049-B-0100, Decision No. B-503497. Page 604 Deirdre J. Kamber, Center Valley, for petitioner. Page 605 Jonathan D. Koltash, Assistant […]

626 A.2d 679 Gerson H. MILLER, Petitioner, v. STATE EMPLOYEES’ RETIREMENT SYSTEM, Respondent. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided May 7, 1993. Reargument Denied July 13, 1993. Appeal from the State Employees’ Retirement Board (SERB) No. 199-16-2771. Page 84 Elliot A. Strokoff, for petitioner. Brian E. McDonough, for respondent. Before PALLADINO and PELLEGRINI, […]

405 A.2d 1124 Daniel H. Zurenda, Petitioner v. Commonwealth of Pennsylvania, A. L. Hydeman, Secretary of the Department of Community Affairs and Cambria County Redevelopment Authority, Respondents. Commonwealth Court of Pennsylvania.Argued November 3, 1978 September 18, 1979. Public contracts — Preliminary objections — Lowest responsible bidder — Abuse of discretion — Disappointed bidder — Taxpayer […]

502 A.2d 303 Louis D. Ekin and Lillian S. Ekin, his wife, et al., Appellants v. The Board of Commissioners of the County of Allegheny, et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 11, 1985 December 17, 1985. Boundaries — Counties — Scope of appellate review — Commission — Pennsylvania Constitution, Article 9, section 8 […]

414 A.2d 424 Philadelphia Federation of Teachers, Local No. 3, AFT, AFL-CIO et al., Petitioners v. Board of Education of the School District of Philadelphia et al., Respondents. Dennis L. Moritz, Intervening Party Petitioner. Commonwealth Court of Pennsylvania.Argued April 9, 1980 May 12, 1980. Schools — Get Set and Head Start programs — Uncertificated teachers […]

403 A.2d 1382 John Pronko, Jr., Petitioner v. Commonwealth of Pennsylvania, Milton J. Shapp et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 4, 1978 July 31, 1979. Civil service — Furlough — Civil Service Act, Act 1941, August 5, P.L. 752 — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Equity — […]

500 A.2d 179 Henry J. Majdic, Petitioner v. Workmen’s Compensation Appeal Board (National Standard Company), Respondents. Commonwealth Court of Pennsylvania. October 21, 1985. Workmen’s compensation — Scope of appellate review — Error of law — Capricious disregard of competent evidence — Credibility — Loss of use. 1. In a workmen’s compensation case where the party […]

333 A.2d 190 Sherman K. Levine, Appellant, v. Redevelopment Authority of the City of New Castle, Appellee. Commonwealth Court of Pennsylvania.Argued November 7, 1974 February 11, 1975. Public information — Act of 1957, June 21, P.L. 390 — Jurisdiction of courts of common pleas — Jurisdiction of the Commonwealth Court of Pennsylvania — Agencies of […]

404 A.2d 790 Beverly L. Mrasz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1979 August 14, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Failure to return after sick leave — Medical excuse. 1. An […]

805 A.2d 1267 Jeffrey Collier, Petitioner v. Workers’ Compensation Appeal Board (PRS/Engles Trucking), Respondent. Commonwealth Court of Pennsylvania. No. 2188 C.D. 2001.Submitted: March 22, 2002. Filed: August 23, 2002. Thomas P. Wall, II, Erie, for petitioner. Daniel W. Deitrick, Pittsburgh, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Mary Hannah Leavitt, Judge; Honorable Joseph […]

515 A.2d 1045 John Bronchik, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. October 8, 1986. Motor vehicles — Subsequent convictions — Vehicle Code, 75 Pa. C. S. § 1532 — Suspension of motor vehicle operator’s license — Time of conviction — Statutory construction — Failure to raise constitutional question. […]

374 A.2d 96 Stella Pothos v. Urban Redevelopment Authority of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1977 June 1, 1977. Eminent domain — Declaration of relinquishment — Damages — Eminent Domain. Code, Act 1964, June 22, P.L. 84 — Diminution of market value — Statutory history — Legislative, intent. 1. Under the Eminent […]

PHILADELPHIA GAS WORKS on its own behalf and by the Philadelphia Facilities Management Corporation, Petitioners v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 4, 2006. Decided May 5, 2006. Page 672 Mark S. Stewart, Harrisburg, for Petitioner. Shane Rooney, Asst. Counsel, Harrisburg, for respondent. Philip A. Bertocci, Philadelphia, for intervenor, Association of […]

966 A.2d 1172 MALT BEVERAGES DISTRIBUTORS ASSOCIATION and Beer Super, Inc., Petitioners v. PENNSYLVANIA LIQUOR CONTROL BOARD, Respondent. No. 515 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: December 10, 2008. Decided: March 2, 2009. Page 1173 Robert B. Hoffman, Harrisburg, for petitioner. Rodrigo J. Diaz, Executive Deputy Chief Counsel, Harrisburg, for respondent. Robert J. O’Hara, III and […]

445 A.2d 851 The Pittsburgh Lake Erie Railroad Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. County of Fayette, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth of Pennsylvania, Department of Transportation et al., Intervenors. Commonwealth Court of Pennsylvania.Argued: September 14, 1981 May 26, 1982. Utilities — Bridges — Rehabilitation costs — Scope of appellate […]

389 A.2d 222 In Re: Appeal of Michael J. O’Connor 4th Ward Republican Club from Revocation of License by Pennsylvania Liquor Control Board. The Michael J. O’Connor 4th Ward Republican Club, Appellant. In Re: Appeal of The Michael J. O’Connor 4th Ward Republican Club from Revocation of License and Forfeiture of Bond by Pennsylvania Liquor […]

625 A.2d 115 GRAND CENTRAL SANITARY LANDFILL, INC. v. ZONING HEARING BOARD OF PLAINFIELD TOWNSHIP, and The Township of Plainfield, and Sarianne and Ernest Albanese. Appeal of The TOWNSHIP OF PLAINFIELD, Appellant. GRAND CENTRAL SANITARY LANDFILL, INC. v. ZONING HEARING BOARD OF PLAINFIELD TOWNSHIP and The Township of Plainfield, and Sarianne and Ernest Albanese. Appeal […]

432 A.2d 317 Renee Y. Hackney, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Little People Day Care Schools, Intervenor. Commonwealth Court of Pennsylvania.Argued February 5, 1981 July 20, 1981. Unemployment compensation — Burden of proof — Scope of appellate review — Willful misconduct. 1. In an unemployment compensation case, where the […]

415 A.2d 139 Violet A. Selan, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1980 June 4, 1980. Unemployment compensation — Willful misconduct — Administrative agencies — Findings. 1. Where a memo designating smoking zones was posted on all employee bulletin boards and was read at […]

533 A.2d 1148 Children and Youth Services, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1987. December 4, 1987. Foster parents — Scope of appellate review. 1. An appeal of a decision of the Department of Public Welfare sustaining the appeal of one denied foster parent status […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Montgomery Township v. Commerce Limited Partnership #9231, L.P . . . . . . . . . . . 678CD00 10/24/2000 Montgomery Vacated County and 97-23341 Remanded Levine v. Comm., Dept. of Trans., Bureau of Driver Lic. . . […]

389 A.2d 246 Travelers Indemnity Company, Appellant v. Rexnord, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued May 4, 1978 July 26, 1978. Principal and surety — Extension of time of payment — Acquiescence of surety — Waiver of defense — Limitation of action — Public Works Contractors’ Bond Law of 1967, Act 1967, December 20, P.L. […]

572 A.2d 1323 QUEEN VILLAGE NEIGHBORS ASSOCIATION, INC., Appellant, v. ZONING BOARD OF ADJUSTMENT and City of Philadelphia and Stephen Stein, Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1990. Decided April 16, 1990. Appeal from the Court of Common Pleas of Philadelphia, No. 5071 January Term, 1988, Samuel M. Lehrer, J. Page 403 Lawrence A. […]

651 A.2d 704 Linda Sakell v. W.C.A.B. (Ridgaway Philips Health Care Center). Commonwealth Court of Pennsylvania.Submitted: on Briefs September 9, 1994. Decided: December 15, 1994. The Commonwealth Court, No. 1114 C.D. 1994, Rodgers, Senior Judge. Friedman, J., filed dissenting opinion. Page 705 George A. Berg for petitioner. Thomas A. Capehart, for respondent. RODGERS, Senior Judge.[1] […]

421 A.2d 495 Joseph A. Madison, Jr., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 October 21, 1980. Public assistance — Food stamp eligibility — Regulations — Standard deduction — Child support — Due process — Uniformity — Equal protection. 1. State and federal regulations, establishing […]

HAAG v. CONSOLIDATED RAIL CORPORATION.[2] Nos. 2601CD04, 2602CD04, 2603CD04, 2604CD04.Commonwealth Court of Pennsylvania. November 21, 2005. [2] Reargument Denied Jan. 9, 2006. Appeal from Bradford County 92-CV-000080. Decision without published opinion. Affirmed.

404 A.2d 776 Stanope Tyrone Pugh, a/k/a Tyrone Pugh Johnson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 10, 1979. Pennsylvania Board of Probation and Parole — Convicted parole violator — Credit for time in detention pending trial on new charges — Computation of back time […]

443 A.2d 410 S.O.L. Club, Inc., Appellant v. City of Williamsport, Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1982 March 17, 1982. Business Improvement District Act of 1967, Act of November 30, 1967, P.L. 658 — Uniformity clause — Assessment — Burden of proof — Benefit — Deficiency — Jury — Prejudice. 1. The uniformity […]

387 A.2d 687 In the Matter of: Condemnation by Urban Redevelopment Authority of Pittsburgh of Certain Lands in the 15th Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area No. 40 (Greater Hazelwood) Being Property of Helen Duffy Hoffstot, or Any Other Persons Found To Have an Interest in the Property v. Urban […]

613 A.2d 658 SONGER INC. and Commerce and Industry Insurance Company, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LYNN), Respondent. Commonwealth Court of Pennsylvania.Submitted May 10, 1991. Decided August 6, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1510. Page 579 James A. Wood, for petitioner. James W. McTierman, for respondent Lynn. Mark Gordon and […]

722 A.2d 1176 IN RE: CONDEMNATION OF LANDS OF NAN PATTERSON, Appellant Commonwealth Court of Pennsylvania.Argued September 17, 1998. Filed January 14, 1999. Appeal from No. 742 C.D. 1998. Jeffery S. Treat, Honesdale, for appellant. Lee C. Krause, Honesdale, for appellee. Before: HONORABLE ROCHELLE S. FRIEDMAN, Judge, HONORABLE JIM FLAHERTY, Judge, HONORABLE JOSEPH F. McCLOSKEY, […]

486 A.2d 1038 Nicholas Martino, Petitioner v. Workmen’s Compensation Appeal Board (Signal Delivery Service), Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1984 January 22, 1985. Workmen’s compensation — Heart attack — Causal connection — Medical testimony. 1. In a workmen’s compensation case involving a heart attack, when there is no obvious causal connection between the […]

877 A.2d 555 City of Harrisburg, Petitioner v. Workers’ Compensation Appeal Board (Palmer), Respondent. No. 332 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted: May 6, 2005. Decided: June 20, 2005. Page 556 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 557 Joseph C. Patterson, […]

660 A.2d 665 Michael HARNEY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PHILADELPHIA COCA COLA BOTTLING COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 30, 1994. Decided May 23, 1995. Reargument Denied July 21, 1995. Appeal from Workmen’s Compensation Appeal Board, No. A93-0262. Michael N. Silver, for petitioner. Jack T. Ribble, Jr., for respondent. Before […]

681 A.2d 860 Raymond M. LEVIN and James G. Levin v. TOWNSHIP OF RADNOR, Appellant. Raymond M. LEVIN and James G. Levin, Appellants, v. TOWNSHIP OF RADNOR. Commonwealth Court of Pennsylvania.Argued June 14, 1996. Decided August 22, 1996. Appeal from the Court of Common Pleas, Delaware County, No. 94-1838, Clouse, J. Page 861 Eugene H. […]