Category: Pennsylvania Commonwealth Court Opinions

625 A.2d 173 Marvella P. LEHR, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 18, 1992. Decided May 3, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-299150. Page 397 Thomas W. Scott, for petitioner. No appearance for respondent. William C. Adrian Boyle, for intervenor South […]

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, […]

713 A.2d 730 PLUMSTEAD TOWNSHIP, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued May 5, 1998. Decided June 19, 1998. Appeal from The Pennsylvania Labor Relations Board (PLRB), No. PF-C-97-4-E. Page 731 Catherine M. Harper, Ft. Washington, for pertitioner. James L. Crawford, Harrisburg, for respondent. Before FRIEDMAN and FLAHERTY, JJ., and McCLOSKEY, […]

430 A.2d 1239 Allied Development and Building Corporation, Petitioner v. Pennsylvania Public Utility Commission and Columbia Gas of Pennsylvania, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued November 18, 1980 June 29, 1981. Public utilities — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

384 A.2d 1374 Maria C. Good and Joseph Good, Appellants v. Zoning Hearing Board of Haverford Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 3, 1978 May 1, 1978. Zoning — Real estate office — Professional office — Home occupation — Special exception — Variance — Burden of proof — Unnecessary hardship — Public welfare. 1. […]

454 A.2d 1174 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Bradley G. Ermisch, Appellee. Commonwealth Court of Pennsylvania. January 19, 1983. Motor vehicles — Revocation of motor vehicle operator’s license — Timeliness of appeal — Judicial Code, 42 Pa. C. S. § 5571. 1. Under provisions of the Judicial Code, […]

808 A.2d 971 Paul and Juanita Bickerton, Petitioners v. Insurance Commissioner, Respondent. No. 2411 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: May 6, 2002. Filed: September 20, 2002. Order Filed: November 14, 2002. ORDER NOW, November 14, 2002, having considered petitioners’ petition for reargument, and respondent’s response, the petition is denied. Page 972 Jay M. Apfelbaum, Pittsburgh, […]

404 A.2d 449 Louis DiGiovanni, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1979 August 7, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Refusing reasonable work assignment — Jumping bug — […]

727 A.2d 1187 FRATERNAL ORDER OF POLICE, LODGE NO. 5, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1998. Filed: March 19, 1999. Page 1188 Appeal from the Labor Relations Board. Thomas H. Kohn, Philadelphia, for petitioner. Steven R. Paisner, Philadelphia, for intervenor, City of Philadelphia. Peter Lassi, Harrisburg, for […]

379 A.2d 1078 Albert Bertolino, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania. November 25 1977. Civil service — Furlough of classified employe — Civil Service Act, Act 1941, August 5, P.L. 752 — Evidence — Use of ratings — Date of rating. 1. In determining furlough status, the Civil […]

507 A.2d 1307 City of Harrisburg, Appellant v. Home Builders Association of Metropolitan Harrisburg, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1986 April 24, 1986. Taxation — Amusement tax — Trade show or similar exhibition — Ordinance definition — Similar tax ordinances. 1. A city is free to include within the definition of amusements subject […]

379 A.2d 659 In the Matter of Revocation of Restaurant Liquor License No. R-2351, Issued To Patty’s Den, Inc., 601-603 West Dauphin Street, Philadelphia, Pa. 19133. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1977 November 14, 1977. Pennsylvania Liquor Control Board — Failure to display license — Liquor […]

762 A.2d 1153 NORTH HILLS SCHOOL DISTRICT, Appellant v. PENNSYLVANIA LABOR RELATIONS BOARD. No. 1126 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: October 31, 2000. Filed: December 1, 2000. Page 1154 Michasel J. Witherel, Pittsburgh, for appellant. John B. Neurohr, Harrisburg, for appellee. Before: Honorable Rochelle S. Friedman, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable William J. […]

406 A.2d 1172 Beaver Valley Builders Supply and Reliance Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and William A. Shick (Mrs. William A. Shick, Widow), Respondents. Commonwealth Court of Pennsylvania.Argued May 7, 1979 October 4, 1979. Workmen’s compensation — Causal connection — Unequivocal medical testimony. 1. Testimony of a medical witness […]

340 A.2d 647 Township of Middletown, Appellant, v. Gwen D. Abel and George G. Abel, III, Appellees. Gwen D. Abel and George G. Abel, III, Appellees, v. Township of Middletown, Appellant. Commonwealth Court of Pennsylvania.Argued April 3, 1975 June 16, 1975. Zoning — Planned residential development — Pennsylvania Municipalities Planning Code, Act 1968, July 31, […]

687 A.2d 66 Juanito VAZQUEZ, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MASONITE CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted November 1, 1996. Decided December 31, 1996. Appeal from Workmen’s Compensation Appeal Board, No. A95-2552. Page 67 Mark A. Givler, Lock Haven, for petitioner. Matthew D. Dempsey, Scranton, for respondent. Before McGINLEY and FRIEDMAN, JJ., and NARICK, […]

428 A.2d 1029 Joseph F. Piacine, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Catalytic, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued December 11, 1980 April 30, 1981. Workmen’s compensation — Withdrawal of petition — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Widow — Specific loss — Total […]

439 A.2d 1304 Lela V. Stewart, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Stouffer’s Foods, Respondents. Commonwealth Court of Pennsylvania.Argued November 19, 1981 January 26, 1982. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Credibility — Conflicting testimony. 1. In a workmen’s compensation […]

294 A.2d 600 West Mead Township v. Meadville. Commonwealth Court of Pennsylvania.Argued June 6, 1972 August 16, 1972. Municipalities — Annexation — Judicial review — Public interest — Assessed valuation — Public services — Evidence — Validity of annexation ordinance. In a per curiam opinion, the court adopted portions of the opinion of the court […]

360 A.2d 781 Busy Beaver Building Centers, Inc., Appellant v. The School District of Pittsburgh, The City of Pittsburgh and Joseph L. Cosetti, Treasurer of the School District of Pittsburgh and the City of Pittsburgh, Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1976 June 24, 1976. Taxation — Mercantile tax — Act of 1947, June […]

432 A.2d 1170 In Re: Appeal of Portage Area Education Association (William Ramus and Patricia Rylke). Portage Area Education Association (William Ramus and Patricia Rylke), Appellants. Commonwealth Court of Pennsylvania.Argued May 4, 1981 August 4, 1981. Schools — Teachers — Suspension — Public School Code of 1949, Act of March 10, 1949, P.L. 30, 1. […]

ROBINSON v. THE ZONING HEARING BOARD OF THE CITY OF GREENSBURG. No. 2450CD05.Commonwealth Court of Pennsylvania. July 27, 2006. Appeal from Westmoreland County 4561 of 2004. Decision without published opinion. Reversed.

683 A.2d 1299 John P. GOLASCHEVSKY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Heard August 12, 1996. Decided October 21, 1996. Page 1300 Patrick M. McHugh, Philadelphia, for Petitioner. Patrick H. Bair and Beth Liss Shuman, Harrisburg, for Respondent. NARICK, Senior Judge. ~ The Department of Environmental Protection[1] (DEP) […]

496 A.2d 87 William C. Harris, Petitioner v. Workmen’s Compensation Appeal Board (Willowcrest-Bamberger Nursing Facility), Respondents. Commonwealth Court of Pennsylvania. July 19, 1985. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Capricious disregard of competent evidence — Course of employment — Premises. 1. In a workmen’s […]

538 A.2d 595 James Wallace Morrow, a/k/a James Brown, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1987. February 25, 1988. Parole — Recommitment — Technical parole violation — Backtime — Criminal offense — Possession of a weapon — Rape. 1. To determine whether a […]

862 A.2d 758 FROMPOVICZ v. TOWNSHIP OF SOUTH MANHEIM. No. 1687CD04.Commonwealth Court of Pennsylvania. November 17, 2004. Appeal from the Schuylkill County S-1199-2002. Decision without publised opinion. Quashed.

Henry v. Dauphin County Authority. No. 952CD06.Commonwealth Court of Pennsylvania. January 16, 2007. Appeal from the Dauphin County 2005-cv-0684-cv. Decisions Without Published Opinions Reversed, Vacated and Remanded.

789 A.2d 410 City of Philadelphia, Petitioner v. Workers’ Compensation Appeal Board (Siravo), Respondent. No. 1410 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: October 26, 2001. Filed: December 31, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION SENIOR JUDGE JIULIANTE The City of Philadelphia (Employer) petitions […]

404 A.2d 446 John Cook, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Crown Cork and Seal Co., Inc. and Insurance Co. of North America, Respondents. Commonwealth Court of Pennsylvania.Argued April 6, 1979 August 3, 1979. Workmen’s compensation — Petition for modification of award — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

Samuel G. ROSENBERGER, Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 2005. Decided October 7, 2005. Appeal from the State Employees’ Retirement Board (SERB), No. 2003-04. David W. DeLuce, Lemoyne, for petitioner. Salvatore A. Darigo, Jr., Harrisburg, for respondent. BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge. […]

489 A.2d 269 American Trucking Associations, Inc. et al., Petitioners v. James I. Scheiner, Secretary of the Department of Revenue of the Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 11, 1984 March 21, 1985. Motor vehicles — Marker fee — Vehicle Code, 75 Pa. C. S. § 2101 — Refund of […]

665 A.2d 1322 DAVIS, MURPHY, NIEMIEC AND SMITH v. William McNETT, in his official capacity as Chairman of the Bradford County Commissioners, Robert P. Horton, in his official capacity as Bradford County Commissioner, and Richard Eaton, in his official capacity as Bradford County Commissioner, Appellants. Commonwealth Court of Pennsylvania.Argued September 11, 1995. Decided October 11, […]

518 A.2d 1 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James Jude Urbasik, Appellee. Commonwealth Court of Pennsylvania. November 5, 1986. Motor vehicles — License — Suspension — Collateral attack. 1. The criminal conviction underlying a motor vehicle license suspension may not be collaterally attacked in the suspension proceeding by […]

427 A.2d 783 James J. Meiler, Petitioner v. Commonwealth of Pennsylvania, Department of Banking, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1981 April 8, 1981. Civil service — Failure to be promoted — Civil Service Act, Act of August 5, 1941, P.L. 752 — Non-merit factors — Capricious disregard of competent evidence — Credibility. 1. […]

620 A.2d 614 TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent (Two Cases). Commonwealth Court of Pennsylvania.Argued November 20, 1992. Decided January 22, 1993. Appeal from the Board of Finance and Revenue, Nos. R-11, 715 and R-11, 840. Page 61 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

649 A.2d 473 Richard J. BOUCHER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs August 12, 1994. Decided September 30, 1994. Reargument Denied November 23, 1994. As Amended November 28, 1994. Petition for Allowance of Appeal Granted April 7, 1995. Appeal from the Court of […]

434 A.2d 204 Anthony F. Ramondo, t/a Ramondo’s Beer Distributors v. The Zoning Hearing Board of Haverford Township et al. Joseph Sacchetti and Joanna Sacchetti, his wife, et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1980 August 12, 1981. Zoning — Variance — Unnecessary hardship — Economic hardship — Burden of proof — Scope […]

397 A.2d 40 Raymond Crilly, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 January 31, 1979. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence — Evidentiary conflicts — Credibility — Unemployment Compensation Law, Act 1936, […]

545 A.2d 962 Theresa Bickert, Appellant v. Borough of Riverside et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 19, 1988. July 21, 1988. Governmental immunity — Preliminary objections — Demurrer — Scope of appellate review — Vehicle liability exception — Judicial Code, 42 Pa. C. S. § 8542(b)(1). 1. In an appeal from an order […]

558 A.2d 611 BEACH LAKE UNITED METHODIST CHURCH v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD and Kuester’s Inc., d/b/a Kuester’s Hotel. Appeal of KUESTER’S INC., d/b/a Kuester’s Hotel. Commonwealth Court of Pennsylvania.Argued March 8, 1989. Decided May 17, 1989. Appeal from the Court of Common Pleas of Wayne County, Robert J. Conway, President Judge. […]

371 A.2d 529 Commonwealth of Pennsylvania v. Albert Bisland, Frank DeAngelis, Marietta Votto, Robert Geffen, Robert Schuerman, Robert Freeman, Marie Ann Peduto and Gene Simms. Marietta Votto, Appellant. Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 24, 1977. Jurisdiction — Parties — Long Arm statutes — In personam jurisdiction — 42 Pa. C.S. § 8301 […]

952 A.2d 718 McGRATH CONSTRUCTION, INC. d/b/a McGrath Homes, Appellant v. UPPER SAUCON TOWNSHIP BOARD OF SUPERVISORS and Locust Valley Gold Club, Inc. McGrath Construction, Inc. d/b/a McGrath Homes, Appellants v. Upper Saucon Township Board of Supervisors and Locust Valley Gold Club, Inc. Nos. 1358 C.D. 2007, 1523 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: April 7, […]

512 A.2d 783 Wayne Hughes, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1986 July 16, 1986. Pennsylvania Board of Probation and Parole — Discharge from parole — New offense — Guilty plea — Collateral attack — Single act. 1. A parolee cannot be discharged […]

Hapchuk v. Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles. No. 1030CD06.Commonwealth Court of Pennsylvania. April 26, 2007. Appeal from the Westmoreland County 2559 of 2005. Decision without Published Opinions Affirmed. Page 995

383 A.2d 1326 John E. Frey, Sr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1978 April 7, 1978. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Comprehensive Employment and […]

297 A.2d 559 Ritchie v. Universal Cyclops Corporation. Commonwealth Court of Pennsylvania.Argued November 2, 1972 December 7, 1972. Workmen’s compensation — Disability — Petition to terminate agreement — Availability of work — Burden of proof — Scope of appellate review — Sufficient evidence. 1. An employer seeking to terminate a workmen’s compensation agreement by reason […]

551 A.2d 411 Horace Egelston, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 14, 1988. December 23, 1988. Pennsylvania Rule of Criminal Procedure 1123 — Post-verdict motions — Health ordinance violations. 1. Under Pennsylvania Rule of Criminal Procedure 1123 it is improper for the trial court to impose a judgment of sentence […]

371 A.2d 549 Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission v. Stuart R. Feeser, Jr. and Avis Ann Feeser, Husband and Wife, Appellants. Commonwealth Court of Pennsylvania.Argued February 1, 1977 March 29, 1977. Pennsylvania Human Relations Commission — Housing — Racial discrimination — Administrative Agency Law, Act 1945, June 4, P.L. 1388 — Scope of […]

531 A.2d 1189 Theodore Shubert, Petitioner v. Workmen’s Compensation Appeal Board (C. M. American), Respondents. Commonwealth Court of Pennsylvania. October 8, 1987. Workers’ compensation — Mental disability — Causation — Medical testimony — Arrest of employe — Credibility — Conflicting evidence. 1. A medical disability is compensable under The Pennsylvania Workmen’s Compensation Act, Act of […]

475 A.2d 867 In Re: Appeal of Suspension of Daniel McClellan. H. Ronald McClellan and Dolores McClellan, natural guardians of Daniel McClellan, a minor, Appellants. Commonwealth Court of Pennsylvania.Argued May 9, 1983 April 26, 1984. Schools — Appeals — Expulsion — Scope of appellate review — Local Agency Law, 2 Pa. C. S. § 754 […]

468 A.2d 872 Township of Reserve v. Zoning Hearing Board of Reserve Township and Robert W. Schomaker. Robert W. Schomaker, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1982 November 22, 1983. Zoning — Jurisdiction of common pleas court to transfer improper appeals — Jurisdiction of zoning hearing board — Scope of appellate review — Planned […]

SCOTT v. COMM. OF PA. No. 437CD05.Commonwealth Court of Pennsylvania. September 8, 2005. Appeal from Alegheny County CL 1538 of 04. Decision without published opinion. Vacated and remanded.

740 A.2d 1219 CONTINUOUS METAL TECHNOLOGY, INC., Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Nos. 1037 C.D. 1999 and 1038 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: September 10, 1999. Filed: November 19, 1999. Appealed from the Commonwealth Court, Nos. 1037 C.D. 1999, and 1038 C.D. 1999, Jiuliante, Senior Judge. Page 1220 Christopher E. Mohney, Du […]

456 A.2d 224 Rickie Trenge, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. February 2, 1983. Parole — Subsequent crime — Maximum sentence — Sentencing Code, 42 Pa. C. S. § 9721. 1. The Pennsylvania Board of Probation and Parole may recommit and recompute the sentence of […]

314 A.2d 563 Lillian E. Nichols, Appellant, v. Wright’s Truck Stop, Erie Insurance Company, Insurance Carrier, and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued January 10, 1974 January 29, 1974. Workmen’s compensation — Accident — Sufficient evidence — Burden of proof — Causation — Scope of appellate review — Substantial evidence — Credibility. […]

313 A.2d 177 West Goshen Township, Appellant, v. Bible Baptist Church of West Chester, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 November 23, 1973. Zoning — Variance — Burden of proof — Unnecessary hardship — On-site and off-site water — Abuse of discretion — Public welfare. 1. The burden, upon a parochial school applicant […]

630 A.2d 547 INDUSTRIAL ABRASIVES, INC. and Celina Insurance Company, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (CACERES), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 25, 1993. Decided August 12, 1993. Page 559 Appeal from the Workmen’s Compensation Appeal Board, No. A92-1428. Page 560 Patrick T. Cusick, for petitioners. Peter N. Munsing, for respondent. Before […]

CORRELL v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 285CD04.Commonwealth Court of Pennsylvania. September 7, 2004. Appeal from the Lehigh County 2003-C-2482. Decision without published opinion. Affirmed.

Mary Jo TAKACS and James Lyons v. INDIAN LAKE BOROUGH ZONING HEARING BOARD, Indian Lake Borough and St. Clair Resort Development, LLC. Appeal of: Mary Jo Takacs. No. 46 C.D. 2010.Commonwealth Court of Pennsylvania.Argued November 9, 2010. Decided December 16, 2010. Appeal from the Court of Common Pleas, Somerset County, Page 588 No. 294 CIVIL […]

377 A.2d 1012 John J. Ratchko, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and J. Bass and Company, Respondents. J. Bass Co. and PMA Insurance Co., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and John J. Ratchko, Respondents. Commonwealth Court of Pennsylvania.Argued June 10, 1977 September 14, 1977. Workmen’s compensation — […]

621 A.2d 1218 L.R., Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 14, 1992. Decided February 26, 1993. Appeal from the Department of Public Welfare, No. 21-90-046, CL No. 56-00873. Page 612 Scott A. Scurfield, for petitioner. Belinda Davis-Branch, Asst. Counsel, for respondent. Before PALLADINO and FRIEDMAN, JJ., and […]

937 A.2d 600 FIRE FIGHTERS LOCAL NO. 60 OF the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFLCIO, Appellants v. CITY OF SCRANTON. No. 865 C.D. 2007.Commonwealth Court of Pennsylvania.Argued October 30, 2007. Decided: November 30, 2007. Appeal from the Court of Common Pleas, Lackawanna County, No. 06 CV 6331, Smith, Senior Judge. Page 601 Stephen J. Holroyd, […]

341 A.2d 581 William E. Barr, Appellant, v. The Pine Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued May 8, 1975 July 14, 1975. Policemen and firemen — Suspension of police officer — Functions of administrative bodies — Due process — Conflicting roles of administrative officers — Act of 1951, June 15, P.L. 586 […]

539 A.2d 486 County of Chester, Appellant v. John A. Herdeg, Appellee. Commonwealth Court of Pennsylvania.Argued December 16, 1987. March 24, 1988. Taxation — Personal property tax — Foreign bank stock shares — Act of June 17, 1913, P.L. 507 — Exclusion — Capital stock-franchise taxes — Tax Reform Code of 1971, Act of March […]

411 A.2d 837 In Re: Return of the Lawrence County Tax Claim Bureau For Sale of Properties Held in the Year 1977 for Delinquent Taxes. Samuel Daubenspeck, Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1979 January 21, 1980. Tax sale — Notice — Adequacy of description. 1. If proper notice for a tax sale is […]

478 A.2d 930 Marsha Conrad, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 17, 1984. Unemployment compensation — Continuance — Scope of appellate review — Abuse of discretion — Absence of attorney. 1. Review by the Commonwealth Court of Pennsylvania of a decision of an unemployment compensation […]

496 A.2d 1328 John McVay, Executor of the Estate of Susan McVay, Deceased, and Federal Development, Inc. v. Zoning Hearing Board of the New Bethlehem Borough, Clarion County, Pennsylvania. New Bethlehem Borough, Appellant. Commonwealth Court of Pennsylvania. August 21, 1985. Zoning — Bias of zoning board members — Appearance of bias. 1. A tribunal must […]

Commonwealth Court of Pennsylvania. 2000. DECISIONS WITHOUT PUBLISHED OPINIONS TRIAL COURT/ DOCKET DOCKETCAPTION NUMBER DATE NUMBER DISPOSITION Gunther($356.00) v. Comm. …………… 2570CD99 7/11/2000 Philadelphia Reversed County and MR 9800242 Remanded Wernig v. Comm., Dept. of Trans., Bureau of Drivers Lic. …….. 3213CD99 7/11/2000 York County Affirmed 999 SU 03665-08 Cooney v. Comm., Dept. of Trans., […]

300 A.2d 284 Billante v. Stouffer’s Foods, Inc., et al. Commonwealth Court of Pennsylvania.Argued January 8, 1973 February 6, 1973. Workmen’s compensation — Total disability — Burden of proof — Available work — Medical testimony — Error of law. 1. An injured employe is entitled to workmen’s compensation benefits for total disability when the employe […]

349 A.2d 793 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Carl A. Lindbom v. Jones Laughlin Steel Corporation, Appellant. Commonwealth Court of Pennsylvania.Argued October 30, 1975 December 31, 1975. Workmen’s compensation — Petition to set aside final receipt — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Burden […]

686 A.2d 899 COMMONWEALTH of Pennsylvania, v. Alexandra SIEMEL, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs October 9, 1996. Decided December 17, 1996. Appeal from the Court of Common Pleas, Montgomery County, No. 5823-93, Moore, J. Page 900 Michael H. Malin, Philadelphia, for appellant. Jay V. Taylor, Lansdale, for appellee, Borough of Lansdale. Before: COLINS, […]

510 A.2d 896 John Latta, Petitioner v. Workmen’s Compensation Appeal Board (Latrobe Die Casting Company), Respondents. Commonwealth Court of Pennsylvania. June 10, 1986. Workmen’s compensation — Reinstatement — Burden of proof — Medical testimony. 1. Once a workmen’s compensation claimant seeking reinstatement of benefits discharges his burden of proving that, because of the injury, he […]

392 A.2d 895 D T Brooks, Inc. and Liberty Mutual Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Carl C. Knight, Respondents. Commonwealth Court of Pennsylvania. October 23, 1978. Workmen’s compensation — Petition to reinstate an award or agreement — Timeliness of petition — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

496 A.2d 1352 Eric Ward, Petitioner v. Board of Education of the School District of Philadelphia, Respondent. Commonwealth Court of Pennsylvania.Argued April 12, 1985 August 22, 1985. School — Dismissal of professional employe — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — […]

458 A.2d 303 John E. Hoffman, Jr., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 April 6, 1983. Civil service — Removal of classified employe — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Violation, of constitutional rights — […]

575 A.2d 982 WHITEHALL-COPLAY AMBULANCE AND RESCUE CORPS, Petitioner v. COMMONWEALTH of Pennsylvania, SECRETARY, DEPARTMENT OF HEALTH, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1990. Decided June 14, 1990. Appeal from the Secretary of the Department of Health, Administrative Docket No. E-01-88. Page 474 Kevin K. Kercher, Black, McCarthy, Usher, Eidelman and Feinberg, Allentown, for […]

570 A.2d 1096 Render BRUNSON, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1989. Decided February 22, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-273992. Page 463 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

543 A.2d 246 Paul E. Kolesar v. The Zoning Hearing Board of The Borough of Bell Acres and John Schwartz. John Schwartz, Appellant. Commonwealth Court of Pennsylvania.Argued March 22, 1988. June 24, 1988. Zoning — Vested right — Variance — Scope of appellate review — Building permits. 1. In a zoning variance case involving the […]

Jim PARSONS, Jan Murphy, and Martha Raffaele, Petitioners v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, Respondent. No. 1239 C.D. 2006.Commonwealth Court of Pennsylvania.Argued September 13, 2006. Decided November 15, 2006. Page 178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 179 [EDITORS’ NOTE: […]

Wroten v. Zoning Hearing Board of Willistown Township. No. 544CD06.Commonwealth Court of Pennsylvania. January 23, 2007. Appeal from the Chester County No. 04-08458. Decisions Without Published Opinions Affirmed.

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Comm., Dept. of Trans., Bureau of Driver Lic. v. Landay …… 150CD97, 3/10/98 Allegheny County Reversed 151CD97 SA 924-1996, SA 925-1996 Comm., Dept. of Trans., Bureau of Driver Lic. v. Carney …… 2294CD97 3/10/98 Bucks County Vacated and […]

444 A.2d 802 Herbert Hamilton and Josephine Hamilton, his wife, Appellants v. Zoning Hearing Board of Aston Township, Appellee. Commonwealth Court of Pennsylvania.Argued: November 19, 1981 April 27, 1982. Zoning — Scope of appellate review — Variance — Unnecessary hardship — Dimensional variance. 1. The scope of review of the Commonwealth Court of Pennsylvania in […]

458 A.2d 622 In the Matter of: Condemnation by Urban Redevelopment Authority of Pittsburgh of Certain Land in the Second, Third and Fifth Wards of City of Pittsburgh Etc. Urban Redevelopment Authority of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued March 3, 1983 April 5, 1983. Argued March 3, 1983, before Judges ROGERS, CRAIG and DOYLE, […]

WHEELING-PITTSBURGH STEEL CORPORATION and American Iron Oxide Company, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. No. 1297 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: May 5, 2009. Decided: August 6, 2009. Page 932 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 933 Paul K. […]

426 A.2d 767 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. R. Michael Griffith and Robert U. Griffith, t/d/b/a Lititz Chevron Service Station, Appellees. Commonwealth Court of Pennsylvania.Argued February 5, 1981 March 20, 1981. Argued February 5, 1981, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three. Appeal, […]

455 A.2d 753 Petition of: John M. Kostecky, Jr., to set Aside Sale of Real Estate. John M. Kostecky, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1982 February 7, 1983. Argued September 13, 1982, before President Judge CRUMLISH, JR. and Judges BLATT and MacPHAIL, sitting as a panel of three. Appeal, No. 1622 C.D. […]

373 A.2d 1182 Alfred Perlstein v. Municipality of Monroeville, Appellant. Commonwealth Court of Pennsylvania.Argued May 4, 1977 June 7, 1977. Zoning — Variance — Townhouse and apartment development — Request for curative amendment — Order of the Commonwealth Court of Pennsylvania. 1. A decision of a lower court granting a variance for use of property […]

671 A.2d 790 The TOWN COUNTRY MANAGEMENT CORPORATION, Appellant, v. ZONING HEARING BOARD OF the BOROUGH OF EMMAUS and East Penn School District and the Borough of Emmaus. Commonwealth Court of Pennsylvania.Submitted on Briefs January 12, 1996. Decided February 14, 1996. Appealed from the Common Pleas Court, Lehigh County, No. 93-C-2346, Wallitsch, J. Emil W. […]

BULYK v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 2598CD05.Commonwealth Court of Pennsylvania. May 31, 2006. Appeal from Bucks County 05-4416-31-6. Decision without published opinion. Affirmed. Page 1145

431 A.2d 363 Armco Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Joseph Kolar, Respondents. Commonwealth Court of Pennsylvania.Argued April 10, 1981 June 25, 1981. Workmen’s compensation — Res judicata — Occupational disease — Aggravation of preexisting condition — Exposure to hazard — Burden of proof — Credibility. 1. The principle […]

785 A.2d 174 Robert C. Bolus, Petitioner v. D. Michael Fisher, Attorney General of the Commonwealth of Pennsylvania and Andrew Jarbola, District Attorney of the County of Lackawanna, Respondents. No. 325 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: October 10, 2001. Filed: October 23, 2001. Page 175 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Senior Judge; […]

425 A.2d 1192 Wilbert Thomas, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Consolidation Coal Company, Respondents. Commonwealth Court of Pennsylvania.Argued November 21, 1980 February 26, 1981. Workmen’s compensation — Hospital records — Uniform Business Records as Evidence Act, Act of May 4, 1939, P.L. 42 — The Pennsylvania Workmen’s Compensation Act, Act […]

863 A.2d 619 Perry Construction Group, Inc., Petitioner v. Department of General Services, Respondent. No. 1340 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: November 5, 2004. Filed: December 20, 2004. Appeal from the Petition for review from Deputy Secretary for Public Works, No. DGS 657-8.1. Page 620 Jason A. Copley, Philadelphia, for petitioner. Nancy J. Kippenhan, Harrisburg, […]

455 A.2d 747 David Davis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 7, 1983. Unemployment compensation — Refusal of suitable employment — Burden of proof — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Return to former employment — Usual […]

601 A.2d 491 Kerry L. LOOSE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (JOHN H. SMITH ARCO STATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 12, 1991. Decided December 31, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-2635. Page 333 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]