Category: Pennsylvania Commonwealth Court Opinions

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 […]

700 A.2d 1069 ARCHIE LEE CARTER v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted August 15, 1997. Decided September 23, 1997. Appeal from the Court of Common Pleas, Philadelphia County, Jenkins, J. No. 0941 December Term, 1996. Timothy P. Wile, Assistant Counsel In-Charge, Harold H. Cramer, Assistant […]

405 A.2d 1085 Norman Reagan, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, James P. Quinn, Kenneth B. Holsinger and Joseph Centini, Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1979 September 14, 1979. Workmen’s compensation — Professional jockey — Independent contractor. 1. A professional jockey who controls the manner of his own work is […]

431 A.2d 1173 Port Authority of Allegheny County, Appellant v. Amalgamated Transit Union, Division 85, an Unincorporated Association, by James McCarthy, Trustee ad Litem, Appellee. Commonwealth Court of Pennsylvania.Argued May 4, 1981 July 10, 1981. Appeals — Mootness — Scope of appellate review — Preliminary injunction — Illegal strike. 1. Even where an appeal is […]

321 A.2d 733 Forrest Hollen, t/a Pennzoil, Appellant, v. Workmen’s Compensation Appeal Board and John Dospoy, Appellees. Commonwealth Court of Pennsylvania.Argued March 8, 1974 June 21, 1974. Workmen’s compensation — Findings of fact — Competent evidence — Credibility — Questions of law — Employment — Course of employment — The Pennsylvania Workmen’s Compensation Act, Act […]

586 A.2d 1000 FIRST TRUST SAVINGS BANK, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 31, 1990. Decided February 4, 1991. Page 472 John F. Stoviak, with him, Timothy W. Callahan, II and Mary G. March, Saul, Ewing, Remick Saul, Philadelphia, for petitioner. Michael A. Roman, Sr. Deputy Atty. Gen., and Ernest […]

641 A.2d 644 Duane C. VALENCE, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted March 2, 1994. Decided April 14, 1994. Appeal from the Civil Service Commission, Appeal No. 14158. Page 401 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

874 A.2d 1276 Alan T. HOUSER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 2719 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 22, 2005. Decided: May 25, 2005. Appeal from the Board of Probation and Parole, No. 9729-S. Gregory L. Cecchetti, Greensburg, for petitioner. Arthur R. Thomas, Asst. Counsel and Victoria S. […]

360 A.2d 318 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Margaret J. Erb, Appellant. Commonwealth Court of Pennsylvania.Argued June 11, 1976 July 8, 1976. Unemployment compensations — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Theft. 1. An employe discharged for wilful misconduct is ineligible […]

343 A.2d 701 Commonwealth of Pennsylvania, Department of Public Welfare, v. Temple University — of the Commonwealth System of Higher Education, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1975 September 8, 1975. Public assistance — Reimbursement of hospital — Regulations of the Department of Public Welfare — Lesser care facility — Hospital care for indigents […]

427 A.2d 1249 Cheryl A. Ramsey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1981 April 6, 1981. Unemployment compensation — Absence — Illness — Burden of proof — Good cause. 1. In an unemployment compensation case, an absence from work due to an illness that […]

720 A.2d 226 CADBURY SCHWEPPES, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent (Two Cases). Commonwealth Court of Pennsylvania.Submitted October 7, 1998. Decided November 9, 1998. E. Morgan Maxwell, III for petitioner. Kevin A. Moury for respondent. Before COLINS, President Judge and DOYLE, SMITH, FRIEDMAN, KELLEY, FLAHERTY, and LEADBETTER, JJ. COLINS, President Judge. Petitioner, Cadbury Schweppes, […]

692 A.2d 1145 WESTERWALD POTTERY CORP., Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (WATTERS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 7, 1997. Decided April 21, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A95-2638. Page 1146 Kenneth Ficerai, Greensburg, for petitioner. No appearance entered for respondent. Before FRIEDMAN and LEADBETTER, JJ., and LORD, […]

639 A.2d 1325 Henry S. BELBER, II, Bernard Drudding, III, O.J. Fuchs, Jr., W. Todd Pohlig and Sherman R. Reed, Jr. and the Isaac J. Wistar Institution, v. LOWER MERION TOWNSHIP. Appeal of Henry S. BELBER, II, Bernard Drudding, III, O.J. Fuchs, Jr., W. Todd Pohlig and Sherman R. Reed, Jr., Appellants. Commonwealth Court of […]

284 A.2d 515 A. P. Weaver and Sons v. Sanitary Water Board. Commonwealth Court of Pennsylvania.Argued September 8, 1971 December 8, 1971. Sanitary Water Board (Department of Environmental Resources) — Mine drainage permit — Clean Streams Law, Act 1937, June 22, P. L. 1987 — Mining permit — Bituminous Coal Open Pit Mining Conservation Act, […]

624 A.2d 770 Michael J. KOBYLSKI and Joanne Kobylski, t/a Hyland Dairy, Petitioners, v. MILK MARKETING BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided April 20, 1993. Appeal from the Milk Marketing Board, No. C-91-088. Stephen K. Urbanski, for petitioners. Randall N. Sears, Chief Counsel, for respondent. Page 144 Before PALLADINO and PELLEGRINI, […]

855 A.2d 148 Kevin M. BEAN, Petitioner v. DEPARTMENT OF STATE, STATE BOARD OF FUNERAL DIRECTORS, Respondent. No. 1088 C.D. 2003.Commonwealth Court of Pennsylvania.Argued June 9, 2004. Decided July 22, 2004. Page 149 James J. Kutz, Camp Hill, for petitioner. Gerald S. Smith, Harrisburg, for respondent. Kathleen K. Ryan, Harrisburg, for intervenor, PA Funeral Directors […]

882 A.2d 41 SPENCER v. COMM. OF PA.[1] No. 2569CD04.Commonwealth Court of Pennsylvania. August 8, 2005. [1] Reargument Denied: Oct. 3, 2005. Appeal from Venango County CP-61-SA-0000678-2003. Decision without published opinion Affirmed.

681 A.2d 864 OGDEN AVIATION SERVICES, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HARPER), Respondent. Commonwealth Court of Pennsylvania.Argued June 14, 1996. Decided August 22, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-0668. Page 865 James F. Pearn, Jr., for Petitioner. Leonard A. Cohen, for Respondent. Before SMITH and FRIEDMAN, JJ., and KELTON, Senior […]

COMMONWEALTH of Pennsylvania, Acting by Attorney General Thomas W. CORBETT, Jr., Plaintiff v. PEOPLES BENEFIT SERVICES, INC., Defendant. Commonwealth Court of Pennsylvania.Argued April 10, 2007. Decided May 14, 2007. Page 1231 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1232 David Sumner, […]

486 A.2d 1061 Joseph Lebovitz and Fay Lebovitz, his wife v. The Zoning Board of Adjustment of the City of Pittsburgh. The City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued November 15, 1984 January 25, 1985. Zoning — Vested right — Variance by estoppel — Scope of appellate review. 1. Mere delay in municipal enforcement […]

489 A.2d 310 Gerald A. Kronstadt, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 20, 1985. Unemployment compensation — Willful misconduct — Claims supervisor — Insurance company — Law firm. 1. For unemployment compensation purposes, a finding of willful misconduct requires evidence of the wanton and willful […]

301 A.2d 123 Hollingsworth v. Department of Health, et al. Commonwealth Court of Pennsylvania.Argued February 9, 1973 March 5, 1973. Workmen’s compensation — Occupational disease — Powers of Workmen’s Compensation (Appeal) Board — Conflicting testimony — Impartial expert — Abuse of discretion — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P. L. 566 […]

949 A.2d 983 Swank v. Breakneck Creek Regional Authority. No. 1312CD07.Commonwealth Court of Pennsylvania. April 30, 2008. Appeal from the Butler County A.D. 00-10982. Decisions Without Published Opinions Reversed and Remanded.

415 A.2d 1270 Findlay Refractories et al., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Glen E. Renz, Respondents. Commonwealth Court of Pennsylvania.Argued May 11, 1979 June 30, 1980. Workmen’s compensation — Timeliness of claim — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — The Pennsylvania Workmen’s Compensation Act, […]

849 A.2d 303 In Re: Koppel Steel Corporation from action of the Board of Assessment Appeals of Beaver County, Pennsylvania with properties situated in Big Beaver Borough v. Board of Assessment Appeals of Beaver County, Pennsylvania. Appeal of: Koppel Steel Corporation. No. 1843 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 3, 2004. Filed: May 11, 2004. […]

CALLAGHAN v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 614CD05.Commonwealth Court of Pennsylvania. September 13, 2005. Appeal from Carbon County 04-3254. Decision without published opinion. Affirmed.

427 A.2d 792 Donald Newton, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1981 April 9, 1981. Public assistance — Reimbursement of Commonwealth — Reimbursement agreement — Ambiguities — Social Security Act, 42 U.S.C. § 1383 — Interim period. 1. An agreement prepared by the Department of […]

421 A.2d 477 Samuel O. Picariello, Plaintiff v. Commonwealth of Pennsylvania et al., Defendants. Commonwealth Court of Pennsylvania.Argued September 8, 1980 October 15, 1980. Sovereign immunity — Judicial Code, 42 Pa. C. S. § 5110(a) — Presumption of constitutionality — Due process — Equal protection — Public officials’ immunity. 1. Where a complaint against the […]

510 A.2d 1282 Hazleton Area School District and James Correale, Jr. v. Luzerne Intermediate Unit 18 and Pat Capece. Hazleton Area School District, Appellant. Commonwealth Court of Pennsylvania.Argued May 16, 1986 June 18, 1986. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Board of directors — Intermediate unit […]

276 A.2d 556 Township of Ohio v. Builders Enterprises, Inc. Commonwealth Court of Pennsylvania.Argued February 16, 1971 April 23, 1971. Zoning — Appeals — Nonconforming use — Res judicata — Errors of law. 1. Where, in an action in mandamus, a court is confronted with a question whether an applicant for a zoning permit has […]

808 A.2d 285 Darran McLaughlin, Petitioner v. Workers’ Compensation Appeal Board (St. Francis Country House), Respondent. No. 2511 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 13, 2002. Filed: September 25, 2002. Page 286 Anna V. Rio, Upper Darby, for petitioner. Audrey J. Copeland, Newtown Square, for respondent. Before: Honorable Rochelle S. Friedman, Judge; Honorable Ren´e L. […]

625 A.2d 1337 Harold X. SMITH, Petitioner, v. Joseph D. LEHMAN, Commissioner, Department of Corrections, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 26, 1993. Decided May 27, 1993. Page 136 No appearance for petitioner. David P. Farney, for respondent. Before DOYLE and KELLEY, JJ., and BLATT, Senior Judge. DOYLE, Judge. Before us in our […]

557 A.2d 430 Gail P. Hill, Appellant v. Port Authority Transit System of Allegheny County, Appellee. Commonwealth Court of Pennsylvania.Argued May 24, 1988. April 11, 1989. Motor vehicles — No-Fault Motor Vehicle Insurance Act, Act of July 19, 1974, P.L. 489 — Interest — Attorney fees — Judicial Code, 42 Pa. C. S. § 8553 […]

HEARST TELEVISION, INC., d/b/a WGAL-TV and Daniel O’Donnell, Appellants v. Michael L. NORRIS, in his official capacity as Coroner of Cumberland County and the Pennsylvania Office of Open Records. No. 95 C.D. 2010.Commonwealth Court of Pennsylvania.Argued September 14, 2010. Decided November 16, 2010. Appeal from the Court of Common Pleas, Cumberland County, No. 09-5832 Civil […]

459 A.2d 913 George P. Williams, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. May 16, 1983. Motor vehicles — Inspection — Suspension — Scope of appellate review — Expert witness. 1. The scope of review of the Commonwealth Court of Pennsylvania in a case involving the suspension of an […]

559 A.2d 87 William T. APPLE, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 31, 1989. Decided May 18, 1989. Appeal from the Commonwealth Court, No. 2699 C.D. 1988, Narick, Senior Judge. Page 196 Terry L. Fromson, Community Legal Services, Inc., Philadelphia, for petitioner. Clifford […]

ON LINE INC. d/b/a Sunrise Sunoco, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1366 CD. 2007.Commonwealth Court of Pennsylvania.Submitted November 9, 2007. Decided: February 1, 2008. Appeal from the Unemployment Compensation Board of Review, No. B-463648. Catherine L.W. Troiani, Pittsburgh, for petitioner. Janet M. Tarczy, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief […]

405 A.2d 1022 Port Authority of Allegheny County v. Division 85, Amalgamated Transit Union et al. Division of the Amalgamated Transit Unit, AFL-CIO et al. v. Port Authority of Allegheny County. Port Authority of Allegheny County, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1979 September 6, 1979. Appeals — Moot questions — Recurring issues — […]

622 A.2d 403 Robert J. BITTENBENDER, Petitioner, v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued April 10, 1992. Decided May 14, 1992. Publication Ordered March 16, 1993. Appeal from the State Employees’ Retirement Board. Page 12 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

548 A.2d 1330 Vincent X. Yakowicz, Appellant v. Arthur T. McDermott, Appellee. Commonwealth Court of Pennsylvania.Argued September 15, 1988. October 18, 1988. Defamation — Judgment notwithstanding the verdict — Scope of appellate review — Sovereign immunity — Judicial Code, 42 Pa. C. S. § 8524 — Absolute privilege — Official immunity — Performance evaluation. 1. […]

508 A.2d 360 Pennsylvania Social Services Union, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1985 April 22, 1986. Labor relations — Dismissal — Just Cause — Collective bargaining agreement — Arbitration — Criminal conduct — Public Employe Relations Act, Act of July 23, 1970, […]

985 A.2d 310 Pienkowski v. Zoning Board of Adjustment. No. 2095CD08.Commonwealth Court of Pennsylvania. December 24, 2009. Appeal from Philadelphia County 1213 Nov. Term 2007. Decisions Without Published Opinions Vacated and Remanded.

509 A.2d 967 Estate of Michael K. Nichols, Deceased. Appeal of: Commonwealth of Pennsylvania, Department of Revenue, Appellant. Commonwealth of Pennsylvania, Department of Revenue, Appellant v. Estate of Neal F. Reagan, Deceased, Appellee. Commonwealth Court of Pennsylvania.Argued April 8, 1986 May 22, 1986. Taxation — Work loss insurance benefits — Inheritance and Estate Tax Act […]

360 A.2d 836 Joseph Fonte, Jr. v. Koppers Company, Inc. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania. Koppers Company, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1976 June 30, 1976. Workmen’s compensation — Scope of appellate review — Findings of fact — Substantial evidence — Conflicting evidence — Duty of referee — […]

696 A.2d 244 CHARTIERS COMMUNITY MENTAL HEALTH AND RETARDATION CENTER, INC., Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued March 11, 1997. Decided May 19, 1997. Page 245 Dennis W. Glass, Pittsburgh, for petitioner. Howard Ulan, Senior Assistant Counsel, for respondent. Amy M. Dolan, Pittsburgh, for intervenor, Allegheny County. Before FLAHERTY and […]

820 A.2d 863 Souderton Area School District, Petitioner v. Elisabeth S. by and through her legal guardian Janet S., Respondent. No. 2379 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 14, 2003. Filed: April 4, 2003. Page 864 Karl A. Romberger, Jr., Lansdale, for petitioner. Janet S., respondent, pro se. Before: Honorable Dan Pellegrini, Judge; Honorable René […]

466 A.2d 1119 Barry T. Stratford, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 25, 1983. Unemployment compensation — Scope of appellate review — Suitability of employment — Voluntary termination — Dissatisfaction with wages or working conditions — Cause of necessitous and compelling nature. 1. In an […]

312 A.2d 469 Helen Swietlowich, Appellant v. Philadelphia State Hospital and State Workmen’s Insurance Fund, Appellees. Commonwealth Court of Pennsylvania.Argued October 5, 1973 November 2, 1973. Workmen’s compensation — Accident — Words and phrases — Unusual pathological result — Preexisting condition. 1. An accident, qualifying an employe for workmen’s compensation benefits, is sustained by such […]

989 A.2d 46 Stephanie BEREZNICKI, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (EAT `N PARK HOSPITALITY GROUP), Respondent. No. 1047 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs: August 28, 2009. Decided: October 19, 2009. Publication Ordered: January 12, 2010. Dominic D. Salvatori, Pittsburgh, for petitioner. Margaret M. Hock, Pittsburgh, for respondent. Page 47 BEFORE: LEADBETTER, President […]

Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles v. Jacoby. No. 2179CD06.Commonwealth Court of Pennsylvania. May 16, 2007. Appeal from the Montgomery County 06-15908. Decisions without Published Opinions. Reversed.

423 A.2d 28 In Re: Appeal of Joseph Corropolese From the Decision of the Plymouth Township Personnel Review Board. Joseph Corropolese, Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1980 December 1, 1980. Policemen and firemen — Dismissal of police officer — Neglect of duty — Credibility — Modification of penalty. 1. Action dismissing a police […]

318 A.2d 415 The Gentzel Corporation, Appellant, v. Borough of State College, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1974 April 18, 1974. Eminent domain — Motion for new trial — Scope of appellate review — Error of law — Abuse of discretion — Clear weight of evidence — Credibility — Eminent Domain Code, Act […]

343 A.2d 79 Greenville Steel Car Company, Appellant, v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued January 7, 1975 July 22, 1975. Taxation — Capital stock — Franchise tax — Domestic corporation — Taxation as a foreign corporation — Tax Reform Code of 1971, Act May 4, P.L. 6 — Apportionment — Burden of […]

INDIANA AREA SCHOOL DISTRICT v. INDIANA AREA EDUCATION ASSOCIATION, Appellant. No. 2222 C.D. 2005.Commonwealth Court of Pennsylvania.Argued October 18, 2006. Filed February 20, 2007. Appeal from the Court of Common Pleas, Indiana County, No. 10070 CD 2005, Olson, J. Page 367 Robert J. Abraham, Pittsburgh, for appellant. William C. Andrews, Pittsburgh, for appellee. BEFORE: COLINS, […]

BOROUGH OF EAST LANSDOWNE v. ROBLEY. No. 1458CD04, 1533CD04, 1551CD04.Commonwealth Court of Pennsylvania. June 22, 2005. Appeal from the Delaware County 00-811. Decision without published opinion. Affirmed. Page 1108

805 A.2d 633 Pennsylvania Department of Corrections/State Correctional Institution-Somerset, Petitioner v. Workers’ Compensation Appeal Board (Kirchner), Respondent. No. 2700 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: May 6, 2002 Filed: June 19, 2002. Order Filed: August 23, 2002. Margaret M. Hock, Pittsburgh, for petitioner. Lawrence K. Chaban, Washington, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable […]

496 A.2d 1268 Melvin Johnson, Petitioner v. Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1985 August 13, 1985. Civil service — Scope appellate review. 1. In a civil service reclassification case, the scope of review of the Commonwealth Court of Pennsylvania is limited to determining whether constitutional rights were violated or […]

602 A.2d 438 Ralph J. ARDOLINO, Petitioner, v. PENNSYLVANIA SECURITIES COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1991. Decided January 15, 1992. Appeal from the Pennsylvania Securities Commission, No. 8610-18. Page 41 Edmunds J. Brokans, for petitioner. Jurij Trypupenko, for respondent. Before SMITH and PELLEGRINI, JJ., and NARICK, Senior Judge. NARICK, Senior Judge. Ralph […]

629 A.2d 243 NORTHAMPTON COUNTY HOME (GRACEDALE), Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 13, 1993. Decided July 16, 1993. As Corrected August 3, 1993. Appeal from the Office of Hearings and Appeals, Department of Public Welfare (DPW), Nos. 32-89-034, 32-89-035 and 32-91-009. Page 192 Roseann B. Joseph, […]

430 A.2d 374 Joseph Feeko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 8, 1981 June 5, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Removing gasoline of employer. 1. An employe discharged for removing gasoline […]

620 A.2d 51 Christopher CONROY, Appellant, v. CITY OF PHILADELPHIA, Appellee. Commonwealth Court of Pennsylvania.Argued November 17, 1992. Decided January 6, 1993. Appeal from the Court of Common Pleas, Philadelphia County, No. 1807 September Term, 1984, Russell M. Nigro, J. Kara L. Svendsen, for appellant. Alan C. Ostrow, Asst. City Sol., for appellee. Before McGINLEY, […]

527 A.2d 199 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Austin C. Candor, III, Appellee. Commonwealth Court of Pennsylvania. June 11, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Points — Vehicle Code, 75 Pa. C. S. §§ 1538 and 1545 — Statutory construction. 1. Provisions of […]

347 A.2d 318 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Phillips, w/o William v. Continental Meat Company, Appellant. Commonwealth Court of Pennsylvania. November 19, 1975. Workmen’s compensation — Failure to object — Expert opinion — Hypothetical question — Medical evidence — General practitioner — Heart attack — Causation — Credibility — Weight […]

500 A.2d 1293 Vennie Willis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 10, 1985 December 5, 1985. Unemployment compensation — Voluntary termination of employment — Burden of proof — Necessitous and compelling cause — Retirement. 1. Whether an unemployment compensation claimant has voluntarily terminated her employment […]

473 A.2d 251 Carson Harris, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 29, 1984. Unemployment compensation — Burden of proof — Scope of appellate review — Willful misconduct — Findings — Notice. 1. In an unemployment compensation case, when the party with the burden of proof […]

811 A.2d 1111 The Ridings at Whitpain Homeowners Association, Appellant v. David J. Schiller and Suzann L. Schiller. Nos. 1124 C.D. 2002, 1765 C.D. 2002, 1766 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 6, 2002. Filed: December 4, 2002. Page 1112 Hal A. Barrow, Warminster, for appellant. Gary S. Auerbach, North Wales, for appellees. Before: Honorable […]

577 A.2d 951 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire and Casualty Company, Petitioners, v. INSURANCE DEPARTMENT and Constance B. Foster, Insurance Commissioner of the Department of Insurance, Respondents. Commonwealth Court of Pennsylvania.Argued June 13, 1990. Decided July 10, 1990. Appeal from the Insurance Department. Page 645 Jane L. Dalton, with her, […]

948 A.2d 239 BOROUGH OF MAHANOY CITY v. MAHANOY CITY POLICE DEPARTMENT, Appellant. No. 1172 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: April 7, 2008. Decided: May 12, 2008. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1365-2006, Dolbin, J. Page 240 Anthony M. Caputo, Harrisburg, for appellant. Scott E. Blissman, Philadelphia, for appellee. BEFORE: […]

314 A.2d 36 Peoples Gas System, Inc., Appellant, v. Commonwealth of Pennsylvania, Board of Finance and Revenue, Appellee. Commonwealth Court of Pennsylvania.Argued September 7, 1973 January 18, 1974. Taxation — Foreign corporation — Foreign Franchise Tax Act, Act 1889, June 1, P. L. 420 — Corporate Net Income Tax Act, Act 1935, May 16, P. […]

654 A.2d 621 Michael S. TIERNEY, Appellant v. UPPER MAKEFIELD TOWNSHIP. Commonwealth Court of Pennsylvania.Argued: October 7, 1994. Decided: February 3, 1995. Appeal from the Court of Common Pleas, Bucks County, No. 89-05021-17-5, Clark, J. William F. Schroeder, for appellant. Stephen B. Harris, for appellee. Before COLINS, President Judge, and DOYLE, J., and DELLA PORTA, […]

854 A.2d 636 Roger C. Finfinger, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2801 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 2, 2004. Filed: July 15, 2004. Roger C. Finfinger, petitioner, pro se. Judith M. Gilroy, Harrisburg, for respondent. Page 637 BEFORE: FRIEDMAN, Judge; LEADBETTER, Judge; KELLEY, Senior Judge. OPINION BY Senior Judge KELLEY. […]

382 A.2d 1285 James J. McNally, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1978 March 3, 1978. Unemployment compensation — Unemployed businessman — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Substantial degree of control over business. 1. A person who exercises […]

713 A.2d 189 RICHARD L. BAER and MARY J. BAER, Executors of the Estate of Jennet Hersh a/k/a Jennet L. Frazee, Deceased, Appellants, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION. SUZETTE JACKSON and LARRY JACKSON, individually; SUZETTE M. JACKSON, Administratrix of the Estate of Marissa Jackson, Deceased; SUZETTE M. JACKSON, as Trustee Ad Litem on […]

505 A.2d 1071 J.P. Mascaro Sons, Inc., Appellant v. Township of Bristol, et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 10, 1985 March 4, 1986. Municipalities — Contract — Bidding — Standing — Due process. 1. A disappointed bidder for a municipal contract has sustained no injury which entitles him to redress in court, even […]

465 A.2d 1073 City of Coatesville, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Coatesville Police Benevolent Association, Intervenor. Commonwealth Court of Pennsylvania.Argued April 7, 1983 September 22, 1983. Labor — Unfair labor practice — Jurisdiction of Pennsylvania Labor Relations Board — Act of June 24, 1968, P.L. 237 — Pennsylvania Labor Relations […]

569 A.2d 368 Elmer TAYLOR, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 13, 1988. Decided February 1, 1989. Appeal from the Board of Probation and Parole. Page 628 David Crowley, Asst. Public Defender for Centre County, for petitioner. Timothy P. Wile, Asst. Chief […]

311 A.2d 723 Board of Assessment and Revision of Taxes of Northampton County, Appellant v. Bethlehem Housing Authority, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1973 November 14, 1973. Taxation — Authorities — Housing Authorities Law, Act 1937, May 28, P. L. 955 — Exempt property — Structures — Fixtures owned by lessee. 1. Structures […]

350 A.2d 880 Nunzio Guzzo v. Westinghouse Electric Corp. and Commonwealth of Pennsylvania. Westinghouse Electric Corporation, Appellant. Commonwealth Court of Pennsylvania.Argued October 31, 1975 January 5, 1976. Occupational disease — Power of Workmen’s Compensation Appeal Board — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — The Pennsylvania Workmen’s Compensation Act, Act […]

786 A.2d 296 Logan Stiffler, Petitioner v. Insurance Commissioner of the Commonwealth of Pennsylvania, Respondent. No. 2451 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: October 9, 2001. Filed: November 1, 2001. Before: Honorable James Gardner Colins, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION SENIOR JUDGE McCLOSKEY Logan Stiffler (Stiffler) petitions for […]

495 A.2d 990 Norristown Area School District, Appellant v. A. V., a minor, by and through his parents and natural guardians, V. V. and A. V., Appellees. Commonwealth Court of Pennsylvania.Argued April 9, 1985 July 22, 1985. Schools — Expulsion of student — Injunctive relief — Local Agency Law, 2 Pa. C. S. § 754 […]

439 A.2d 1293 West Allegheny Hospital v. Board of Property Assessment, Appeals and Review of Allegheny County West Allegheny School District, Appellant. Commonwealth Court of Pennsylvania.Argued October 5, 1981 December 31, 1981. Taxation — Exemption — Pennsylvania Constitution, Article VIII, Section 2 — The General County Assessment Law, Act of May 22, 1933, P.L. 853 […]

844 A.2d 57 Wesley United Methodist Church v. Dauphin County Board of Assessment Appeals, Appellant. No. 1424 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: December 10, 2003. Filed: March 4, 2004. Page 58 Carl G. Wass, Harrisburg, for appellant. James B. Pannebaker, Middletown, for appellee. BEFORE: COLINS, President Judge; McGINLEY, Judge; SMITH-RIBNER, Judge; PELLEGRINI, Judge; FRIEDMAN, Judge; […]

357 A.2d 230 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Leon B. Matthys, Appellant. Commonwealth Court of Pennsylvania.Argued March 5, 1976 May 14, 1976. Unemployment compensation — Availability — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Questions of law — Findings of […]

604 A.2d 767 BERKS COUNTY HOME, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCHNABLE), Respondent. Commonwealth Court of Pennsylvania.Submitted January 3, 1992. Decided February 19, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-607. Page 583 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

745 A.2d 704 BETTY L. BURRIS, Petitioner v. STATE EMPLOYES’ RETIREMENT BOARD, Respondent. No. 1193 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: December 6, 1999. Filed: February 3, 2000. Appeal from the Department of Public Welfare, No. 1997-09. Page 705 Wendy Dullea Bowie, Harrisburg, for petitioner. Nicholas Joseph Marcucci, Harrisburg, for respondent. Before: Honorable Doris A. Smith, […]

732 A.2d 681 JANICE G. SAENGER, Appellant v. BERKS COUNTY BOARD OF ASSESSMENT APPEALS Commonwealth Court of Pennsylvania.Argued: May 17, 1999. Filed: June 18, 1999. Appeal from No. 3404 C.D. 1998. Page 682 Stanley J. Burke, Reading, for appellant. Edwin L. Stock, Reading, for appellee. BEFORE: HONORABLE DAN PELLEGRINI, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, […]

691 A.2d 1005 COMMONWEALTH of Pennsylvania, Department of Transportation v. Colonial Nissan, Inc., Appellant Commonwealth of Pennsylvania, Department of Transportation v. Colonial Nissan, Inc., Appellant, Commonwealth Court of Pennsylvania.Submitted February 6, 1997. Decided March 20, 1997. Appeal from the Court of Common Pleas, Bucks County, No. 94-01784, McAndrews, J. Page 1006 Lawrence R. Wieder, Harrisburg, […]

584 A.2d 384 ST. CLAIR AREA SCHOOL DISTRICT, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1990. Decided December 11, 1990. Page 583 James J. Riley, Pottsville, with him, Stephen P. Ellwood, Schuylkill Haven, for petitioner. Beth Ann Krusen, Asst. Counsel, with her, Mary Patricia Fullerton, Asst. Counsel, […]

455 A.2d 302 Thomas J. Biemesderfer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 4, 1983. Unemployment compensation — Scope of appellate review — Error of law — Capricious disregard of competent evidence — Availability for work — Burden of proof — Student. 1. In an unemployment […]

486 A.2d 1014 In Re: Appeal of Bernard E. Cowden etc. Moon Area School District, Appellant. Commonwealth Court of Pennsylvania.Argued March 14, 1984 May 24, 1984. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Seniority — Realignment — Suspension. 1. Under Section 1125.1(c) of the Public School Code […]