Category: Pennsylvania Commonwealth Court Opinions

732 A.2d 12 SOUTH COVENTRY TOWNSHIP BOARD OF SUPERVISORS, Appellant v. ZONING HEARING BOARD OF SOUTH COVENTRY TOWNSHIP and MERRIBROOK ASSOCIATES. NO. 1983 C.D. 1998.Commonwealth Court of Pennsylvania.Argued March 12, 1999. Filed May 17, 1999. Reargument Denied July 15, 1999. Page 13 BEFORE: HONORABLE JOSEPH T. DOYLE, Judge, HONORABLE DORIS A. SMITH, Judge, HONORABLE CHARLES […]

861 A.2d 377 Borough of Olyphant, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 110 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 11, 2004. Filed: July 28, 2004. Order filed: November 10, 2004. Ordered Published: November 10, 2004. ORDER PER CURIAM. NOW, November 10, 2004, it is ordered that the above-captioned Memorandum Opinion, filed July 28, […]

TREVDAN BUILDING SUPPLY and Compservices, Inc., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (POPE), Respondent. No. 1522 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs October 29, 2010. Decided December 13, 2010. Appeal from the Workers’ Compensation Appeal Board, No. A08-2131. Page 1222 James A. Tinnyo, Harrisburg, for Petitioners. Ronald J. Mishkin, Stroudsburg, for Respondent. BEFORE: COHN […]

553 A.2d 518 Thomas Talley, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1988. February 2, 1989. License fee — Tax — Expense of administration — Burden of proof — Special or unusual services — Evidence of record. 1. If a license fee collects more than an amount commensurate with the […]

782 A.2d 610 In RE: Appointment of George M. Hunter as Deputy Constable in the 19th Ward, City of Allentown Appeal of: Dennis C. Huber. No. 2321 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 22, 2001. Filed: August 16, 2001. Page 611 Before: Honorable Doris A. Smith, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph F. […]

770 A.2d 820 KEITH CASEY CRYTZER v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 871 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 15, 2000. Filed: April 17, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. Page 821 OPINION JUDGE SMITH The […]

584 A.2d 1097 Edward C. HALL, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania. Decided December 28, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-280327. Page 57 Robert S. Robbins, Philadelphia, for petitioner. James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, Harrisburg, for […]

749 A.2d 551 ENTERTAINMENT PARTNERS and CNA RISK MANAGEMENT GROUP, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (CAPARELLI), Respondent. No. 939 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: February 8, 2000. Filed: April 4, 2000. Appeal from the Workers’ Compensation Appeal Board, No. A97-5294. Page 552 Edward A. McFarland, Pittsburgh, for petitioners. Amiel B. Caramanna, Pittsburgh, for respondent. […]

415 A.2d 1026 D. L. Clark Company, Petitioner v. Dorothy L. McCoy, Respondent. Commonwealth Court of Pennsylvania.Argued May 7, 1980 July 3, 1980. Workmen’s compensation — Unusual strain doctrine — Accident — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Unusual task — Unusual effort — Pain. 1. An employee seeking […]

624 A.2d 759 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Ida B. TURNER, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs February 12, 1993. Decided April 19, 1993. Appeal from the Court of Common Pleas, Beaver County, No. 2140(A), Thomas C. Mannix, J. Page 107 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

457 A.2d 211 Patrick E. Hart, Appellant v. Civil Service Commission of Philadelphia, Appellee. Commonwealth Court of Pennsylvania. March 21, 1983. Workmen’s compensation — Regulation 32 of the Philadelphia Civil Service Commission — Burden of proof — Scope of appellate review. 1. To establish eligibility for benefits under Regulation 32 of the Philadelphia Civil Service […]

605 A.2d 454 Matthew Edward HELSEL, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs January 24, 1992. Decided March 10, 1992. Appeal from the Court of Common Pleas, Erie County, No. 4739-A-1989, Michael T, Joyce, J. Page 271 Joseph B. Policicchio, for appellant. William A. Kuhar, Jr., Kathryn […]

395 A.2d 666 Joseph Ewing, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 3, 1978 December 21, 1978. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — The Vehicle Code, Act 1959, April 29, P.L. 58 — Scope of appellate review — Findings of fact — […]

744 A.2d 355 PAT’S AUTO SALES, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES No. 1149 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: November 12, 1999 Decided: January 12, 2000 Appeal from the Department of Transportation. Page 356 Paul J. Duca, Philadelphia, for appellant. Elaine N. Blass and Timothy P. Wile, Asst. Counsel […]

588 A.2d 988 Al CULLENEN, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1990. Decided March 21, 1991. Appeal from the Common Pleas Court, Lycoming County, No. 88-11,222, Thomas C. Raup, President Judge. Page 509 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

850 A.2d 829 Raymond J. Hesse, Petitioner v. Pennsylvania State Police, Respondent. No. 1984 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: March 12, 2004. Filed: May 25, 2004. Page 830 Tina M. Hesse, Brookville, for petitioner. Daniel R.L. McGuire, Harrisburg, for respondent. BEFORE: COLINS, President Judge; SIMPSON, Judge; JIULIANTE, Senior Judge. OPINION BY PRESIDENT JUDGE COLINS. Raymond […]

456 A.2d 722 Abington Heights School District, Appellant v. Township of South Abington, William Cole, Alfred Lockett and Giles Stanton, Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1982 March 2, 1983. Argued December 15, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three. Appeal, No. 69 T.D. 1981, from the Order […]

557 A.2d 825 Pennsylvania Association of State Mental Hospital Physicians, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania.Argued November 3, 1988. April 20, 1989. Pennsylvania Labor Relations Board — Unfair labor practice — Public Employee Relations Act, Act of July 23, 1970, P.L. 563 — Scope of appellate review […]

521 A.2d 999 Susan Thomas, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 5, 1987. Unemployment compensation — Scope of appellate review — Availability for work — Hearsay. 1. When the Unemployment Compensation Board of Review has found as a matter of fact that the unemployment compensation […]

322 A.2d 731 Lottie C. Dingel, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1974 July 26, 1974. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Credibility — Weight of evidence — Inferences — Unemployment […]

609 A.2d 884 John S. ROBLYER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 10, 1992. Decided May 15, 1992. Appeal from the Board of Probation and Parole, No. 1709-P. Page 108 Kent D. Watkins, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. Before SMITH […]

551 A.2d 1130 Kenneth Huber and Erma Huber, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Angelo Dininni and John Gardecki, Appellees. Commonwealth Court of Pennsylvania.Argued September 12, 1988. December 13, 1988. Highways — Summary judgment — Scope of appellate review — Snow removal — The Administrative Code of 1929, Act of April 9, 1929, […]

437 A.2d 1039 Aliquippa Education Association and Dolores B. Vrabel, Appellants v. School District of the Borough of Aliquippa, Appellee. Commonwealth Court of Pennsylvania.Argued October 8, 1981 December 8, 1981. Arbitration — Scope of appellate review — Essence of collective bargaining agreement — Implied contract provisions — Sabbatical leave — Public School Code of 1949, […]

341 A.2d 587 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee, v. Arthur L. Holohan, Appellant. Commonwealth Court of Pennsylvania.Argued March 6, 1975 July 22, 1975. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Retirement […]

419 A.2d 243 Mabel Wright a/k/a Jennifer Wright, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. September 15, 1980. Parole revocation — Mandamus — Discretion. 1. The revocation of parole is a discretionary act, and mandamus will not lie to challenge the exercise of state officials’ discretionary […]

833 A.2d 314 Narcotics Agents Regional Committee, Pennsylvania Fraternal Order of Police Lodge No. 74, Petitioner v. Pennsylvania Labor Relations Board, Respondent. No. 307 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September 9, 2003. Filed: October 6, 2003. Gary M. Lightman, Harrisburg, for petitioner. John B. Neurohr, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge; LEADBETTER, Judge; KELLEY, Senior […]

550 A.2d 842 Pipe-Fab, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Schnell), Respondents. Commonwealth Court of Pennsylvania.Argued May 26, 1988. November 21, 1988. Workers’ compensation — Remand — Interlocutory order. 1. An order of the Workmen’s Compensation Appeal remanding a case to a referee is interlocutory and unappealable. [229-30] Page 228 Argued May 26, 1988, […]

445 A.2d 1375 Clean Community Association, Inc., Appellant v. Port Authority Transit of Allegheny County, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1982 June 8, 1982. Eminent domain — Preliminary objections — De facto taking — Condemnee — Record — Findings of fact — Remand. 1. The Commonwealth Court of Pennsylvania must remand a matter […]

472 A.2d 741 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Sara Marie Liberati, Appellee. Commonwealth Court of Pennsylvania.Argued March 3, 1983 February 29, 1984. Motor vehicles — Recall of motor vehicle operator’s license — Visual deficiency — Telescopic lenses — Vehicle Code, 75 Pa. C. S. § 1504 and § […]

548 A.2d 1341 Everett Area School District, Appellant v. Brenda Ault, Appellee. Everett Area School District, Appellant v. William Baker, Appellee. Commonwealth Court of Pennsylvania.Argued September 15, 1988. October 20, 1988. Schools — Professional employees — Suspension — Burden of proof — Scope of appellate review. 1. A school board has the burden of proving […]

399 A.2d 154 In Re: Appeal from Decision of the Pennsylvania Liquor Control Board Refusing Application for a New Restaurant Liquor License by David J. Aiello, t/a McBeths Ribs and Chips, Star Route 1, Box 93, Ridgway, Pennsylvania. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1977 March 21, […]

562 A.2d 433 D.N., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued April 6, 1989. Decided July 26, 1989. Appeal from the Director of Office of Hearings and Appeals of the Department of Public Welfare. Page 581 Stephen B. Lipson, Ruby D. Weeks, Carlisle, for petitioner. John Kane, Chief […]

512 A.2d 1343 Cadchost, Inc. v. Mid Valley School District. Underwood Realty Co., Inc., v. Mid Valley School District. Mid Valley School District, Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1986 July 24, 1986. Schools — Contract. 1. When testimony clearly establishes that a majority of the members of a school board approved of a […]

367 A.2d 824 Curtis M. Buchan and Workmen’s Compensation Appeal Board v. Royal Pizza House, Inc. and Old Republic Companies, Appellants. Commonwealth Court of Pennsylvania.Argued October 28, 1976 January 7, 1977. Workmen’s compensation — Course of employment — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Question of law — Power […]

683 A.2d 1287 Charles T. WERTZ, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DEPARTMENT OF CORRECTIONS), Respondent. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (WERTZ), Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1996. Decided October 18, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-2327. Page 1288 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

682 A.2d 36 PECO ENERGY COMPANY, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent (19 Cases). Commonwealth Court of Pennsylvania.Argued June 11, 1996. Decided August 16, 1996. Appeal from Unemployment Compensation Board of Review, Nos. B-338236, 339260, 339244, 339609, 339812, 339862, 339914, 339922, 340720, 340179, 339966, 340373, 340402, 340784, 340453, 340362, 340712, 341282 and 341642. […]

595 A.2d 752 Lora S. LAWRIE, Petitioner, v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD OF the COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 14, 1991. Decided July 22, 1991. Appeal from the Commonwealth Court, No. 373 Miscellaneous Docket 1990, Doyle, J. Thomas F. Lawrie, Jr., Media, for petitioner. Irene Mary Chiavaroli, Harrisburg, for respondent. […]

541 A.2d 59 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Joseph Robert Portella, Appellee. Commonwealth Court of Pennsylvania. May 12, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Suspension of motorcycle license — Scope of review — Error of law — Abuse of discretion — Findings of […]

659 A.2d 12 ROADWAY EXPRESS, INC., Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (PALMER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 3, 1995. Decided May 11, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A91-0729. Page 13 Michael I. Levin and David W. Brown, for petitioner. Matthew D. Dempsey for respondent. Before PELLEGRINI and […]

871 A.2d 870 KOREAN AMERICAN ASSOCIATION OF GREATER PHILADELPHIA, INC. v. Mi Ho CHUNG and Young K. Park, Appeal of Hae Yeon Baik, Esquire Korean American Association of Greater Philadelphia, Inc. v. Jae Yul Shin and Sunday Topic, Appeal of Jae Yul Shin and Sunday Topic. Commonwealth Court of Pennsylvania.Argued: March 3, 2005. Decided: March […]

529 A.2d 1143 Council 13, American Federation of State, County and Municipal Employees, AFL-CIO, by its Trustee Ad Litem, Edward J. Keller, Petitioner v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania, et al., Respondents. Commonwealth Court of Pennsylvania.Argued April 22, 1987. July 31, 1987. Labor law — Motion for […]

Rebert v. Jefferson Codorus Joint Sewer Authority. No. 763CD08.Commonwealth Court of Pennsylvania. January 8, 2009. York County 2007-SU-0740-Y05. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

452 A.2d 277 Armelia Henderson, Petitioner v. Workmen’s Compensation Appeal Board (Rockwell International, Inc.), Respondents. Rockwell International-Axle Division, Petitioner v. Workmen’s Compensation Appeal Board (Armelia Henderson), Respondents. Commonwealth Court of Pennsylvania.Argued February 2, 1982 November 8, 1982. Workmen’s compensation — Petition to terminate — Conflicting evidence — Attorney fees — The Pennsylvania Workmen’s Compensation Act, […]

406 A.2d 256 Joanne Borosky and Peter Borosky, her husband et al., Plaintiffs v. Commonwealth of Pennsylvania, Defendant. Commonwealth Court of Pennsylvania.Argued March 21, 1979 September 28, 1979. Sovereign immunity — Act of 1978, September 28, P.L. 788 — Retroactivity — State police — False arrest — Waiver of immunity. 1. The Act of 1978, […]

867 A.2d 735 Bradley Heller v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. Bradley Heller, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. Nos. 775 C.D. 2004, 917 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: October 29, 2004. Filed: February 8, 2005. BEFORE: McGINLEY, Judge; JUBELIRER, Judge; FLAHERTY, Senior […]

620 A.2d 657 Jacqueline T. HALLER, Mother, Donald C. Haller, Jr., Deceased, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (RAINBOW SIGN SERVICES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 27, 1992. Decided January 28, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-2405. Page 150 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

429 A.2d 121 Deborah A. Simmons, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 6, 1981 May 6, 1981. Unemployment compensation — Willful misconduct — Scope of appellate review. 1. In an unemployment compensation case, a claimant’s early departure from work without the employer’s permission, unless motivated […]

388 A.2d 801 Bonita Kindrew, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1978 July 25, 1978. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Violation of employer’s rule or demand — Unreasonable request — Illness. 1. […]

455 A.2d 773 Council of the Borough of Baldwin, Appellant v. A. Richard Nernberg, t/a/d/b/a A. R. Building Co., Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1982 February 9, 1983. Zoning — Planned residential development — Scope of appellate review — Abuse of discretion — Error of law — Compliance with ordinance requirements — Public […]

523 A.2d 1202 Irv Schneider, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 10, 1987. Unemployment compensation — Wilful misconduct — Scope of appellate review — Findings of fact — Substantial evidence — Violation of constitutional rights — Error of law — Telephone testimony — Waiver of […]

406 A.2d 583 Holy Spirit Hospital, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Zelma T. Gilroy, Respondents. Commonwealth Court of Pennsylvania.Argued September 10, 1979 October 10, 1979. Workmen’s compensation — Penalty — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Suspension of payments — Return to work — […]

409 A.2d 1207 Rochester Pittsburgh Coal Co. and Old Republic Companies, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Raymond Schwab and Commonwealth of Pennsylvania, Department of Labor and Industry, Respondents. Commonwealth Court of Pennsylvania.Argued December 6, 1979 January 17, 1980. Workmen’s compensation — Pneumoconiosis — Burden of proof — Date when total disability […]

444 A.2d 821 Harry J. Woodrow, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued: February 1, 1982 April 29, 1982. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Wilful misconduct — Absence from workplace — Violation of […]

702 A.2d 869 LEGAL CAPITAL, LLC and Charles I. Artz, Petitioners, v. MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1997. Decided November 6, 1997. Charles I Artz, Harrisburg, for petitioner. Guy A. Donatelli, West Chester, for respondent. Before SMITH and FRIEDMAN, JJ., and MIRARCHI, Jr., Senior Judge. Page 870 […]

519 A.2d 1090 In Re: Appeal of Municipality of Penn Hills and Penn Hills School District from the Action of the Board of Property Assessment, Appeals and Review of Allegheny County, Pennsylvania, on Property of U.S. Steel Corp., Universal Atlas Cement Co. situate in the Municipality of Penn Hills, Property owned by U.S. Steel Corp., […]

425 A.2d 33 Findlay Township Water Authority, Appellant v. Allegheny County, Appellee. Commonwealth Court of Pennsylvania.Argued November 21, 1980 January 23, 1981. Argued November 21, 1980, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three. Appeal, No. 642 C.D. 1980, from the Order of the Court of Common Pleas of Allegheny […]

638 A.2d 1037 Ruby BROWN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (VILLAGE THRIFT STORES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted September 10, 1993. Filed December 20, 1993. Publication Ordered March 17, 1994. Appeal from the Workmen’s Compensation Appeal Board order, No. A92-1987. Page 2 Kathleen Kennedy, for petitioner. Gayle B. Frink, for respondent. Before SMITH […]

814 A.2d 782 AMP INCORPORATED, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. No. 837 F.R. 1998.Commonwealth Court of Pennsylvania.Argued: December 3, 2001. Filed: February 22, 2002. Order Filed January 2, 2003. ORDER AND NOW, this 2nd day of January, 2003, it is ORDERED that the above-captioned opinion filed February 22, 2002 shall be designated OPINION rather […]

411 A.2d 1279 Mary L. Bowes, Petitioner v. Inter-Community Action, Inc., Mental Health Retardation Center, Respondents. Commonwealth Court of Pennsylvania.Argued February 4, 1980 March 7, 1980. Workmen’s compensation — Injury — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Premises — Furtherance of employer’s business — Heart attack — Medical testimony […]

447 A.2d 355 William Kundrat, D.D.S., Petitioner v. Commonwealth of Pennsylvania, State Dental Council and Examining Board, Respondent. Commonwealth Court of Pennsylvania.Argued December 18, 1981 July 8, 1982. Dentistry — Expert testimony — State Dental Council and Examining Board — Scope of appellate review. 1. Expert testimony is used to assist a trier of fact […]

616 A.2d 160 John O. VARTAN, trading as Independent American Investments, a registered fictitious name, Petitioner, v. COMMONWEALTH of Pennsylvania, acting Through the UNIFIED JUDICIAL SYSTEM by the Agency of the ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1992. Decided October 2, 1992. Page 87 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

658 A.2d 460 J.B. STEVEN, INC., a Pennsylvania Corporation, Appellant, v. Nicholas P. RULLO, Building Inspector of Hempfield Township and Hempfield Township. Commonwealth Court of Pennsylvania.Argued March 17, 1995. Decided April 27, 1995. Appeal from the Court of Common Pleas, Westmoreland Page 461 County, No. 7122 of 1990, Scherer, J. Victor R. Delle Donne, for […]

448 A.2d 120 In Re: Appeal of Alexander M. Haff, Jr. from Doylestown Borough Zoning Hearing Board. Alexander M. Haff, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued June 10, 1982 August 3, 1982. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Interpretation of restrictions — Take-out restaurant — Constitutional […]

833 A.2d 348 Allison Dennis v. Southeastern Pennsylvania Transportation Authority, Appellant. No. 594 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September 11, 2003. Filed: October 8, 2003. Page 349 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 350 Stephen E. Vedro, Philadelphia, for appellant. […]

670 A.2d 737 William MAUTE, Appellant, v. Frederick FRANK, Superintendent; Sharon Stickler, Unit Manager; Sergeant Booterbaugh; Mr. Palko, C.O. 1; Mr. Schreier, Chaplain; Mr. Ramirez, C.O. 1. Commonwealth Court of Pennsylvania.Submitted on Briefs December 1, 1995. Decided January 22, 1996. Page 738 William Maute, pro se, as Appellant. William E. Fairall, Jr., Assistant Counsel, for […]

852 A.2d 424 Natrona Long, Petitioner v. Workers’ Compensation Appeal Board (Integrated Health Service, Inc.), Respondent. No. 2529 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 2, 2004. Filed: May 12, 2004. Order Filed: July 9, 2004. ORDER COLINS, President Judge. NOW, July 9, 2004, having considered petitioner’s petition for reargument, the petition is denied. Page 425 […]

491 A.2d 944 Brenda Bacon, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 29, 1985. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Fear of violence — Reasonableness […]

529 A.2d 39 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Lewis H. Ripley, Jr., and Jeannette Hessler Ripley, Appellees. Commonwealth Court of Pennsylvania.Argued May 18, 1987. July 16, 1987. Pennsylvania Liquor Control Board — Application for liquor license — Resort area — Scope of appellate review — Findings of fact — Substantial evidence […]

596 A.2d 1185 Andrew AUSTIN, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued June 12, 1991. Decided August 12, 1991. Appeal from the Unemployment Compensation Board of Review, No. B-284228. Page 656 Simon W. Tache, for petitioner. Maribeth Wilt-Seibert, for respondent. Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH […]

964 A.2d 42 Wayne JOHNSON and William English, Appellants v. Lakesha WHITE, Southeastern Pennsylvania Transportation Authority, a/k/a SEPTA a/k/a Triage Connect a/k/a Triage Connect SEPTA. No. 2266 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: November 11, 2008. Decided: January 8, 2009. Appeal from the Court of Common Pleas, Philadelphia County, No. 2844 April Term, 2005, Papalini, J. […]

642 A.2d 619 The MORNING CALL, INC., Elliot Grossman, Appellants, v. The BOARD OF SCHOOL DIRECTORS OF the SOUTHERN LEHIGH SCHOOL DISTRICT, William Herring, John Siplak, Lowell Linde, Susan Miracle, Marley Numbers, Ann Urbani, Sharon Dries, Howard Graeffe, Harry Quigley. Commonwealth Court of Pennsylvania.Argued April 11, 1994. Decided May 24, 1994. Petition for Allowance of […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Fairfield Company v. Bangor Area School District . . . . . . . . 1992CD99 6/27/2000 Northampton Affirmed 1997-C-5599 Rovin’ Restaurants, Inc. v. Hilltown Township Zoning Board . . . . . . 1377CD99 6/27/2000 Bucks County Affirmed […]

723 A.2d 1064 In re Appeal of Rebecca S. MARTIN from the Decision of the Zoning Hearing Board of Earl Township, Lancaster County, Pennsylvania. Township of Earl, Lancaster County, Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Submitted October 24, 1997. December 10, 1998. Appeal from the Court of Common Pleas, Lancaster County, No. 96-891, Perezous, J. David […]

425 A.2d 1178 In Re: Condemnation by the Urban Redevelopment Authority of the City of Pittsburgh: etc. Morris Benkovitz v. Urban Redevelopment Authority of the City of Pittsburgh. Morris Benkovitz, Appellant. Commonwealth Court of Pennsylvania.Argued November 21, 1980 February 9, 1981. Eminent domain — De facto taking — Scope of appellate review — New trial […]

521 A.2d 71 E-Z Parks, Inc., Appellant v. Philadelphia Parking Authority, Appellee. Commonwealth Court of Pennsylvania.Argued December 8, 1986 February 12, 1987. Jurisdiction — Indispensable party — Contract — Pennsylvania Department of Transportation — Parking authority — Collateral estoppel. 1. The failure to join an indispensable party deprives the court of jurisdiction over the litigation. […]

Joel S. ARIO, Insurance Commissioner of the Commonwealth of Pennsylvania, Petitioner v. SWISS REINSURANCE AMERICA CORPORATION and Tribune Company, Respondents. In Re: Swiss Reinsurance America Corporation and Tribune Company Objections to the decision of Referee Nigro. No. 860 M.D. 2003.Commonwealth Court of Pennsylvania. Decided December 21, 2007. Publication Ordered December 28, 2007. Page 553 Deborah […]

malgamated Transit Union, Local 85 v. Port Authority of Allegheny County. No. 2238CD06.Commonwealth Court of Pennsylvania. June 25, 2007. Appeal from the Allegheny County GD06-18814. Decisions Without Published Opinions Affirmed.

880 A.2d 737 Gerry HARTMAN, John Lapinski, Robert Roycroft and Debbie Roycroft v. CITY OF ALLENTOWN and City of Harrisburg, Appeal of City of Allentown. No. 1708 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: April 7, 2005. Decided: August 11, 2005. Appeal from the Court of Common Pleas of Lehigh County, No. 2003-C-1846, Black, J. Page 738 […]

LYNNEBROOK AND WOODBROOK ASSOCIATES, a Pennsylvania Limited Partnership, by and through its general partner, LYNNEBROOK MANOR, INC., Appellant v. BOROUGH OF MILLERSVILLE. No. 2281 C.D. 2005.Commonwealth Court of Pennsylvania.Argued June 9, 2006. Decided July 12, 2006. Publication Ordered October 24, 2006. Appeal from the Court of Common Pleas, Lancaster County, No. CI-05-06102, Allison, J. Lee […]

DEPARTMENT OF HEALTH, Petitioner v. OFFICE OF OPEN RECORDS, Respondent. No. 1097 C.D. 2009.Commonwealth Court of Pennsylvania.Argued June 21, 2010. Decided September 9, 2010. Page 804 Roberto T. Datorre, Asst. Counsel, Harrisburg, for petitioner. Nathanael J. Byerly, Harrisburg, for respondent. BEFORE: COHN JUBELIRER, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge. OPINION BY Judge COHN […]

538 A.2d 141 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Jonathan Phillip Pineno, Appellee. Commonwealth Court of Pennsylvania. February 26, 1988. Motor vehicles — Suspension of operator’s license — Timeliness of appeal — Vehicle Code, 75 Pa. C. S. § 1550 — Judicial Code, 42 Pa. C. S. §§ 5571 […]

554 A.2d 174 Giant Food Stores, Inc., Store No. 48, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Special Supplemental Food Program for Women, Infants and Children, Respondent. Giant Food Stores, Inc., Store No. 41, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Special Supplemental Food Program for Women, Infants and Children, Respondent. Commonwealth Court […]

658 A.2d 453 CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE LODGE NO. 5. Commonwealth Court of Pennsylvania.Argued February 7, 1995. Decided April 27, 1995. As Amended May 4, 1995. Appeal from the Court of Common Pleas, Philadelphia County, No. 3955 November Term, 1993, Nigro, J. Page 454 Mark J. Foley, Divisional Deputy City […]

828 A.2d 502 Daniel J. Corrigan, Appellant v. Central Tax Bureau of Pa., Inc., a corporation, James Pajak, Joseph Petrucci, Jr., Robert Yatsko and John Yantko. No. 2993 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: May 6, 2003. Filed: July 16, 2003. Page 503 Ernest P. DeHaas, III, Uniontown, for appellant. Thomas J. Lowery, Pittsburgh, for appellees, […]

819 A.2d 640 Karen L. Maletic v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant No. 2668 C.D. 2001Commonwealth Court of Pennsylvania.Submitted: February 5, 2003 Filed: March 26, 2003 Page 641 Terrance M. Edwards and Timothy P. Wile, Assistant Counsel In-Charge, Harrisburg, for appellant. No appearance entered on behalf of appellee. Before: […]

575 A.2d 656 KRUMINS ROOFING SIDING and Tom Manion, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (LIBBY AND STATE WORKMEN’S INSURANCE FUND), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 16, 1990. Decided May 17, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A9449B. Page 212 Thomas E. Coval, Clover Coval, Willow Grove, for petitioners. […]

645 A.2d 305 Edward R. DANISHEFSKY, Paul J. Stavnicky, and Pennsylvania State Troopers Association, Petitioners, v. COMMONWEALTH of Pennsylvania, Thomas P. Foley, Secretary, Department of Labor and Industry, Cynthia M. Maleski, Commissioner, Insurance Department, and Catherine Baker Knoll, State Treasurer, Respondents. Commonwealth Court of Pennsylvania.Argued May 9, 1994. Decided June 20, 1994. As Amended on […]

428 A.2d 1033 Marcial C. Vasquez, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1981 May 1, 1981. Public assistance — General assistance — Supplemental security income — Recoupment. 1. The Department of Public Welfare may measure its right to recoupment from supplemental security income benefits for […]

496 A.2d 865 Allan John Foremsky, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 5, 1985. Unemployment compensation — Substitute teachers — Vacation periods — Reasonable assurance of employment. 1. A substitute teacher who worked for a school district prior to Thanksgiving and Christmas recesses and is […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Radice. 2414CD05.Commonwealth Court of Pennsylvania. August 11, 2006. Appeal from the Luzerne County No. 9554-C of 2005. Decisions Without Published Opinions Reversed.

747 A.2d 1286 THOMAS E. MEANS, Appellant v. HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, PLUMBERS LABORERS’ LOCAL UNION NO. 347, LABORERS’ DISTRICT COUNCIL OF WESTERN PENNSYLVANIA and PITTSBURGH BUILDING CONSTRUCTION TRADES COUNCIL. No. 2035 C. D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 12, 1999. Filed: March 15, 2000. Appeal from the Court of Common Pleas, […]

406 A.2d 591 Housing Authority of the City of Pittsburgh, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Equitable Gas Company, Intervenor. Commonwealth Court of Pennsylvania.Argued May 8, 1979 October 11, 1979. Pennsylvania Public Utility Commission — Allocation of gas supplies — Regulations — Priorities — Conversion to alternate fuels — Residential use — Commercial use […]

968 A.2d 822 CALEX, INC. and Inservco, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (VANTAGGI), Respondent. No. 1788 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs:: December 12, 2008. Decided:: March 26, 2009. Page 823 Joseph M. Caputo, Scranton, for petitioners. Charles L. Consagra, Scranton, for respondent. BEFORE: SMITH-RIBNER and LEAVITT, JJ., and FLAHERTY, Senior Judge. OPINION […]

Marcus John COLE, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. . 67 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs June 23, 2006. Decided August 23, 2006. Publication Ordered November 2, 2006. Appeal from the Court of Common Pleas, Bradford County, No 05DL000468, Smith, President Judge. Page 901 David B. Keeffe, […]

274 A.2d 215 North Side Deposit Bank v. Urban Redevelopment Authority of Pittsburgh. Commonwealth Court of Pennsylvania.Argued October 20, 1970. February 22, 1971. Eminent domain — Damages — Evidence — “Unit Rule” — Comparable sales — Judicial function — Assembled Economic Unit Doctrine applied to banks — Eminent Domain Code, Act 1964, Spec. Sess., June […]

402 A.2d 312 Frederico Granero Company and Reliance Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Linda Mullen w/o John Joseph Mullen, Deceased, Respondents. Commonwealth Court of Pennsylvania.Argued April 2, 1979 June 8, 1979. Workmen’s compensation — Scope of appellate review — Error of Law — Violation of constitutional rights — […]

JUSTRINGZ-CENTURY HI MALL, JuStringz-South Hills Village Mall, Shagufta Parveen, and Nida Hassan, Petitioners v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE BOARD OF COSMETOLOGY, Respondent. No. 2114 C.D. 2010.Commonwealth Court of Pennsylvania.Argued April 4, 2011. Decided May 9, 2011. Pamela L. Brickner, Allison Park, for petitioners. David Markowitz, Assistant Counsel, Harrisburg, for respondent. BEFORE: PELLEGRINI, […]

674 A.2d 353 Donald A. ABER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LUBRICATION SYSTEMS COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 23, 1996. Decided April 4, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A93-2677. Seymour A. Sikov, for Petitioner. Arthur J. Leonard and James L. Welsh, III, for Respondent. Before DOYLE, […]