Category: Pennsylvania Commonwealth Court Opinions

Susquehanna Township v. Northern Cambria Borough. No. 1480CD06.Commonwealth Court of Pennsylvania. May 18, 2007. Appeal from the Cambria County 2005-1770. Decisions without Published Opinions. Affirmed.

Troy v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 1200CD06.Commonwealth Court of Pennsylvania. May 3, 2007. Appeal from the Lancaster County CI-06-00763. Decisions without Published Opinions. Affirmed.

653 A.2d 1353 G B PACKING, Petitioner, v WORKMEN’S COMPENSATION APPEAL BOARD (LINDSAY and JFC Temps, Inc.), Respondents. JFC TEMPS, INC., Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (LINDSAY and G B Packing), Respondents. Commonwealth Court of Pennsylvania.Submitted October 14, 1994. Decided: January 11, 1995. Reargument Denied March 6, 1995. Appeal from No. A93-1270. Affirmed in […]

471 A.2d 123 Joseph Skopic et al. v. The Zoning Hearing Board of Hemlock Township et al. Cyrus Spencer, Appellant. Commonwealth Court of Pennsylvania.Argued September 15, 1983 January 31, 1984. Zoning — Variance — Change in conditions. 1. Refusal of a variance by a zoning board does not preclude a subsequent grant of a variance […]

588 A.2d 997 In re Appeal of WEST PENN POWER COMPANY (regarding real estate tax assessment of Block and Lot Nos. 732-M-10, 15, and 20). (Three Cases) WEST PENN POWER COMPANY, Appellant, v. BOARD OF PROPERTY ASSESSMENT APPEALS AND REVIEW, Springdale Borough, Allegheny Valley School District and County of Allegheny, Appellees. (Three Cases) Commonwealth Court […]

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, […]

533 A.2d 804 Eugene L. Coon, Sheriff of The County of Allegheny, Petitioner v. Deputy Sheriff’s Education and Training Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 22, 1987. November 19, 1987. Deputy sheriffs — Deputy Sheriffs’ Education and Training Act, Act of February 9, 1984, P.L. 3 — Academy curriculum — Reimbursement — Scope of […]

458 A.2d 318 Erie County Geriatric Center, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 13, 1983. Unemployment compensation — Labor arbitration proceedings — Wilful misconduct — Credibility — Patient abuse. 1. Evidence probative on the issue of just cause for discharge decided by a labor arbitrator […]

Harding v. Baldwin Borough of Civil Service Commission. No. 2148CD06.Commonwealth Court of Pennsylvania. June 11, 2007. Appeal from the Allegheny County SA 02-01258. Decisions Without Published Opinions Affirmed.

348 A.2d 158 Universal Cyclops, Appellant v. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Pete Mahoric, Appellees. Commonwealth Court of Pennsylvania.Argued October 30, 1975 November 25, 1975. Workmen’s compensation — Petition to modify agreement or award — Burden of proof — Change in condition — Credibility — Conflicting medical evidence — Past […]

425 A.2d 502 Loretta Jackson, Appellant v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued October 9, 1980 February 18, 1981. Public assistance — Reimbursement agreements — Petition to open or strike off judgments. 1. Reimbursement agreement forms of the Department of Public Welfare, which are required to be executed as […]

484 A.2d 194 Annita Citrigno, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 20, 1984. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Burden of proof — Reduction in pay — Training period — Good faith. 1. In order to qualify for […]

503 A.2d 89 Robert J. Messina, Deborah J. Messina, a minor, by Robert J. Messina, her parent and natural guardian, Appellants v. Blairsville-Saltsburg School District, Appellee. Commonwealth Court of Pennsylvania.Argued October 8, 1985 January 8, 1986. Governmental immunity — Summary judgment — Political Subdivision Tort Claims Act, 42 Pa. C. S. §§ 8541-8564. 1. A […]

453 A.2d 24 Thomas Shollar, Appellant v. Commonwealth of Pennsylvania, Department of Transportation et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 5, 1982 December 6, 1982. Highways — Commonwealth responsibility — Liability of municipality. 1. Exclusive responsibility for the repair and maintenance of state roads rests with the Commonwealth. [245] Argued March 5, 1982, before […]

284 A.2d 509 Department of Transportation v. Bernstein. Commonwealth Court of Pennsylvania.Argued November 10, 1971 December 13, 1971. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Computation of point credits. 1. Action by the Secretary of Transportation suspending a motor vehicle operator’s […]

Angela THORNTON, individually and in Her Capacity as Administratrix of the Estate of Geraldine Thornton v. PHILADELPHIA HOUSING AUTHORITY, Albany Remodeling, Firelite Alarms, Inc., Individually and t/a Honeywell International, Inc., Honey-well International, Inc., In their own right, Watts Regulatory Company, Ames Fire and Waterworks d/b/a Ames Company, Inc., and Kelly/Maiello, Inc. Gloria. Smith, individually and […]

519 A.2d 1118 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Keith J. Spangenberg, Appellee. Commonwealth Court of Pennsylvania. January 16, 1987. Motor vehicles — Recall of school bus operating privileges — Heart condition history — Present good health. 1. Regulations of the Department of Transportation disqualifying school bus drivers solely […]

599 A.2d 304 Diana ANDROMALOS-DALE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (US AIR, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued October 11, 1991. Decided November 18, 1991. Appeal from the Commonwealth Court, No. 560 C.D. 1991, Narick, Senior Judge. Page 506 Timothy Conboy, for petitioner. Page 507 John M. Cerilli, for respondent. Before CRAIG, President Judge, […]

397 A.2d 471 Domenic A. Borello, Jr. et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Robert F. Bolsinger et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Eneo Panicco et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued […]

435 A.2d 675 Randy R. Nonemaker, Appellant v. County of York, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1981 October 14, 1981. Prisons — Board of inspectors — Act of May 16, 1921, P.L. 579 — Municipal corporations — Vicarious liability — Summary judgment — Agency. 1. Because the board of inspectors of prisons created […]

702 A.2d 1154 THINK BIG, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF EMPLOYER TAX OPERATIONS, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1997. Decided November 25, 1997. Page 1155 Robert J. Birch, Philadelphia, for petitioner. Jane C. Pomerantz, Deputy Chief Counsel, Harrisburg, for respondent. Before FLAHERTY and LEADBETTER, JJ., […]

564 A.2d 1329 Nathan DiMINO, a Minor, by his parents and natural guardians, John DiMINO and Eleanor DiMino, and John DiMino and Eleanor DiMino, husband and wife, in their own right v. BOROUGH OF POTTSTOWN, School District of Pottstown, Recreation Consultants and Floyd G. Hersh, Inc. Appeal of BOROUGH OF POTTSTOWN, Appellant. Nathan DiMINO, et […]

443 A.2d 1222 Doreen Waller, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. April 19, 1982. Public assistance — Regulations — Form PA 176-K — State retirement account — State employees. 1. Department of Public Welfare regulations and Form PA 176-K, in which a public assistance recipient agrees to […]

383 A.2d 255 John Flynn, Deceased, by Catherine Flynn, His Widow v. Asten Hill Manufacturing Co. and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1977 March 8, 1978. Workmen’s compensation — Occupational disease — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Appealable order — […]

Richard K. HONAMAN, Jr., Appellant v. TOWNSHIP OF LOWER MERION. No. 2582 C.D. 2009.Commonwealth Court of Pennsylvania.Argued September 14, 2010. Decided January 31, 2011. Page 1015 Appeal from the Court of Common Pleas, Montgomery County, No. 09-09811, Moore, J. Craig J. Staudenmaier, Harrisburg, for appellant. Gilbert P. High, Jr., Norristown, for appellee. BEFORE: McGINLEY, Judge, […]

659 A.2d 45 Peter LISTINO, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (INA LIFE INSURANCE COMPANY and Cigna Worker’s Comp. Center), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 10, 1995. Decided May 12, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2519. Page 46 Christina J. Barbieri, for petitioner. Steven M. Levin, for respondent. […]

725 A.2d 230 Thomas J. DAUSCH, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 12, 1997. Decided February 19, 1999. Appeal from the Unemployment Compensation Board of Review, No. B-358814. Thomas J. Dausch, Pittsburgh, for petitioner Maribeth Wilt-Seibert and Clifford F. Blaze, Deputy Chief Counsel, Harrisburg, for respondent. […]

517 A.2d 578 Joseph George, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1986 November 13, 1986. Mining — Bituminous Mine Subsidence and Land Conservation Act, Act of April 27, 1966, P.L. 31 — Scope of appellate review — Subsurface owners — Subsidence — Public water supply. […]

548 A.2d 1324 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Adam Y. Kessler, Appellee. Commonwealth Court of Pennsylvania. October 17, 1988. Motor vehicles — Licensing — Petition to appeal — Service. 1. When the Pennsylvania Department of Transportation has not been served with a motor vehicle licensee’s petition to appeal […]

504 A.2d 437 Allegheny County Deputy Sheriff’s Association, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, and County of Allegheny, Respondents. Commonwealth Court of Pennsylvania.Argued March 13, 1985 February 12, 1986. Pennsylvania Labor Relations Board — Deputy sheriffs — Police functions — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — […]

649 A.2d 999 DELAWARE VALLEY TRUCK PARTS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ESKUCHEN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 26, 1994. Decided October 21, 1994. Reargument Denied December 21, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2558. Page 163 Howard J. Burk, for petitioner. Richard R. Di Stefano, for respondent. […]

722 A.2d 1173 PETER CAMIOLO, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (AMERICAN BANK NOTES), Respondent. Commonwealth Court of Pennsylvania.Submitted August 14, 1998. Filed January 13, 1999. Appeal from No. 622 C.D. 1998. Frederick N. Dorfman, King of Prussia, for petitioner. Eric S. Scher, Philadelphia, for respondent. Before: HONORABLE JIM FLAHERTY, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, […]

309 A.2d 269 Frank Kennedy, Nancy Komondor, Frank Irey, Jr., George Crompton, Jr., Kasmier Sala, Rose Venanzi and Edwin Spadafora, Appellants v. Ringgold School District, Appellee. Commonwealth Court of Pennsylvania.Argued June 5, 1973 August 31, 1973. Schools — Power of school board — Statutory authorization — Good faith — Public School Code, Act 1949, March […]

724 A.2d 395 HERTZ CORPORATION, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (JOHNSON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 30, 1998. Decided January 11, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A96-1113. Page 396 Deborah L. Hartwell, Philadelphia, for petitioner. No appearance entered on behalf of respondent. Before: FLAHERTY, J., LEADBETTER, J., […]

Whynon Corporation v. Armstrong Township[4] No. 1354CD08.Commonwealth Court of Pennsylvania. June 11, 2009. [4] Reargument Denied Aug. 13, 2009. Appeal from the Lycoming County 05-01011. Decisions Without Published Opinions Affirmed.

284 A.2d 339 Philadelphia v. Franklin Smelting and Refining Company, Inc. Commonwealth Court of Pennsylvania.Argued October 7, 1971 December 8, 1971. Equity — Injunction — Philadelphia Air Management Code — Exclusive statutory remedy — Public nuisance — Jurisdiction Appeal Act, Act 1925, March 5, P. L. 23. 1. An exclusive statutory procedure for administrative and […]

721 A.2d 79 E.O.J., INC., Appellant v. THE TAX CLAIM BUREAU OF SCHUYLKILL COUNTY and RICHARD J. WITHELDER; JOHN R. WITHELDER, SR.; ALYCE W. HARMAN; and DIANE L. WITHELDER, SUCCESSORS IN INTEREST TO ROSS WITHELDER, a/k/a JACKIE WITHELDER. Commonwealth Court of Pennsylvania.Argued: April 13, 1998. Filed: December 1, 1998. Appeal from the Common Pleas Court, […]

553 A.2d 515 Catherine Raush, Appellant v. Tax Claim Unit of Northampton County and Lawrence Marra, Appellees. Commonwealth Court of Pennsylvania.Submitted on briefs September 16, 1988. February 2, 1989. Tax sale — Notice — Redemption period — Mailing of notices. 1. Where a property owner failed to take any steps toward redeeming her property during […]

SMITH v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 311CD04.Commonwealth Court of Pennsylvania. August 10, 2004. Appeal from the Allegheny County S.A. 573 of 03. Decisions without published opinions. Affirmed.

Patric GIBSON, c/o Kathy Gibson, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ARMCO STAINLESS ALLOY PRODUCTS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 18, 2005. Decided April 6, 2006. Page 536 Darren K. Parr, Pittsburgh, for petitioner. Paul S. Summers, Pittsburgh, for respondent. BEFORE: COLINS, President Judge, SIMPSON, Judge, and LEAVITT, Judge. OPINION BY President […]

581 A.2d 704 PHILADELPHIA COUNTY DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILDREN AND YOUTH, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 14, 1990. Decided October 23, 1990. Appeal from the Department of Public Welfare, File No. 21-88-071, C.L. No. 51-51589. Page 543 [EDITORS’ NOTE: THIS […]

828 A.2d 14 David Sekulski, Petitioner v. Workers’ Compensation Appeal Board (Indy Associates), Respondent. No. 2903 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: March 28, 2003. Filed: June 18, 2003. Order Filed: July 31, 2003. Page 15 Richard L. Orloski, Allentown, for petitioner. Paul C. Cipriano, Jr., Philadelphia, for respondent. Page 16 ORDER COLINS, President Judge. NOW, […]

503 A.2d 507 George P. Keast, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of review, Respondent. Commonwealth Court of Pennsylvania. January 24, 1986. Unemployment compensation — Voluntary termination — Discharge — Findings of Unemployment Compensation Board of Review — Immediacy and finality of firing. 1. Findings of the Unemployment Compensation Board of Review are […]

474 A.2d 51 Sewickley Valley Hospital, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1983 April 3, 1984. Department of Public Welfare — Hospital reimbursement — Loss on defeasance of debt — Medicare program — Medicaid — Regulations — Scope of appellate review — Cost of patient […]

6 A.3d 589 Gerald MARTIN, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent. No. 218 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs May 28, 2010. Decided August 20, 2010. Publication Ordered October 27, 2010. Page 590 Anthony T. McBeth, Harrisburg, for petitioner. Terrance M. Edwards, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for respondent. […]

552 A.2d 1165 John Joseph McGraw, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Submitted on briefs November 16, 1988. January 25, 1989. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Error of law — Abuse of discretion — Findingis […]

407 A.2d 926 John Clair Lantzy, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania. November 9, 1979. Pennsylvania Board of Probation and Parole — Credit for the time spent awaiting trial — Confinement in county other than that where charges are pending. 1. A prisoner is not entitled to credit for time spent […]

506 A.2d 970 Thomas Brantley, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 18, 1986. Parole — Pennsylvania Board of Parole Act, Act of August 6, 1941, P.L. 861 — Revocation — Criminal charges — Acquittal — Nolle prosequi — Assault — Collateral estoppel — Possessing […]

In Re: Condemnation by the ECONOMY BOROUGH MUNICIPAL AUTHORITY of property located at 1039 Big Sewickley Creek Road, County of Beaver, Economy Borough, Pennsylvania, found at Beaver County Deed Book Volume 1218, page 306, for the Big Sewickley Creek Wastewater Treatment Plant Project, Phase ii. David W. Gilbert and Audrey J. Gilbert, husband and wife […]

389 A.2d 1220 BP Oil, Inc., Appellant v. Zoning Hearing Board of the Borough of Brookhaven, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1978 August 16, 1978. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Error in zoning map — Presumption of validity — Burden of proof — […]

408 A.2d 1160 Colonial Park for Mobile Homes, Inc., Appellant v. New Britain Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1979 November 30, 1979. Zoning — Mobile home parks — Public welfare — Exclusionary zoning — Presumption of validity — Burden of proof — Planned residential development — Lot size — Pennsylvania Municipalities Planning […]

390 A.2d 1373 City of Pittsburgh, a municipal corporation, Appellant v. Sanford B. Gold, Manuel Gold and Marvin H. Levick, Appellees. Sanford B. Gold, Manuel Gold and Marvin H. Levick, Appellants v. City of Pittsburgh, a municipal corporation, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1978 September 1, 1978. Eminent domain — Extent of taking […]

391 A.2d 1331 Richard Allen Curtis, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. October 5, 1978. Motor vehicles — Revocation of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Possession of marijuana — Controlled Substance, Drug, Device and Cosmetic Act, Act 1972, April 14, P.L. […]

535 A.2d 729 David and Joanne Alburger, et al., Appellants v. Philadelphia Electric Company, Appellee. Commonwealth Court of Pennsylvania.Argued June 9, 1987. January 12, 1988. Riparian rights — Water discharge — Median flow — Summary judgment — Flowage easement. 1. An upstream riparian owner does not have the right to discharge water into a nonnavigable […]

661 A.2d 470 Neil FERBER and Annette Ferber, h/w, Appellants, v. CITY OF PHILADELPHIA and Sergeant Daniel Rosenstein and Officer Dominic Frontino and Detective Michael Bittenbender and Detective Oscar Jones and Detective Frank Diegel and Detective Philip Checchia. Neil FERBER and Annette Ferber, v. CITY OF PHILADELPHIA and Sergeant Daniel Rosenstein, Badge No. 370 and […]

543 A.2d 1277 Michael J. Yanushko, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. July 11, 1988. Public assistance — Statutory construction — College students — Regulations. 1. When the words of a statute are clear and free from all ambiguity, the Commonwealth Court of Pennsylvania is not free […]

PENN TOWERS ASSOCIATES, L.P. and Joseph Soffer, Petitioners, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 2004. Decided January 25, 2005. Petition for review of Board of Finance and Revenue. Jennifer L. Cerce, Pittsburgh, for petitioners. Ronald H. Skubecz, Harrisburg, for respondent. BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge. […]

980 A.2d 720 COMMONWEALTH of Pennsylvania, OFFICE OF ATTORNEY GENERAL, By Thomas W. Corbett, Jr., Attorney General, Petitioner v. EAST BRUNSWICK TOWNSHIP, and East Brunswick Township Board of Supervisors, Respondents. No. 476 M.D. 2007.Commonwealth Court of Pennsylvania.Argued: June 11, 2009. Decided: August 21, 2009. Page 721 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

498 A.2d 47 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Janice O. Landau, Appellee. Commonwealth Court of Pennsylvania. September 16, 1985. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Advising of consequences of refusal. 1. A motor vehicle operator’s license cannot be suspended […]

624 A.2d 795 Frederick C. BROWN, Individually and T/A F.C. Brown and Associates; Pennsylvania Independent Petroleum Producers; Pennsylvania Vocational Agriculture Teachers Association; and Planned Parenthood Pennsylvania Advocates, Petitioners, v. COMMONWEALTH of Pennsylvania; Department of Revenue of the Commonwealth of Pennsylvania; Department of Justice, Office of Attorney General of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court […]

647 A.2d 683 Jay GREELEY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MATSON LUMBER COMPANY and Lumber Mutual Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs July 8, 1994. Decided August 30, 1994. Petition for Allowance of Appeal Granted March 6, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A93-0086. Page 210 [EDITORS’ NOTE: […]

488 A.2d 1180 Board of Supervisors for Newtown Township, Appellant v. James Chirico, Thomas Newby, III, and Brian McNeill, Appellees. James Chirico, Thomas Newby, III, and Brian McNeill, Appellants v. Board of Supervisors for Newtown Township, Appellees. Commonwealth Court of Pennsylvania.Argued December 13, 1984 March 6, 1985. Pensions — Police — Act of May 29, […]

430 A.2d 1222 Samuel H. Galliford and Nellie L. Galliford, his wife, Appellants v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. June 24, 1981. Zoning — Parking of commercial vehicle — Residential use — Size of truck — Private garage storage — New trial — Scope of appellate review — Abuse of discretion — […]

426 A.2d 739 James J. Slavin, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 12, 1981. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Commencement of business. 1. A person is not ineligible for benefits […]

643 A.2d 142 J.B. STEVEN, INC., Appellant, v. The BOARD OF COMMISSIONERS OF WILKENS TOWNSHIP and Philip R. Dodge, Building Inspector of the Township of Wilkens. J.B. STEVEN, INC., Appellant, v. COUNCIL OF the MUNICIPALITY OF PENN HILLS, the Municipality of Penn Hills, and Howard Davidson, Director, Department of Planning Economic Development. Commonwealth Court of […]

459 A.2d 855 Leo J. Willman and Jaden Electric Division of the Farfield Company, Appellants v. Children’s Hospital of Pittsburgh and Mellon Stuart Company and Allegheny County Hospital Development Authority, Appellees. Commonwealth Court of Pennsylvania.Argued February 3, 1983 May 3, 1983. Authorities — Injunction — Scope of appellate review — Municipalities Authorities Act of 1945, […]

328 A.2d 896 Christian Literature Crusade, Inc., Appellant, v. Board for the Assessment and Revision of Taxes of Montgomery County, Appellee. Commonwealth Court of Pennsylvania.Argued October 9, 1974 November 15, 1974. Taxation — Exemption — The General County Assessment Law, Act 1933, May 22, P.L. 853 — Public charity — Constitution of Pennsylvania, Article VIII, […]

416 A.2d 617 In Re: Tax Claim Bureau, German Township, Mt. Sterling, 54 1/2 Acres Miscellaneous Buildings. Rinaldo DiCenzo and Fred Cuteri, Appellants. Commonwealth Court of Pennsylvania.Argued May 8, 1980 July 10, 1980. Tax sale — Notice of sale — Real Estate Tax Sale Law, Act 1947, July 7, P.L. 1368 — Petition to void […]

477 A.2d 914 Roadway Express, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 1, 1984 July 5, 1984. Unemployment compensation — On-call status — Vacation pay — Indefinite separation. 1. An employe placed on on-call status for lack of work without a fixed period of separation […]

332 A.2d 853 Roseann Chickey et al., Appellants, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued January 9, 1975 February 14, 1975. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Unemployment Compensation Law, Act 1936, December 5, P. […]

337 A.2d 297 City of Harrisburg, Appellant, v. Presbyterian Apartments, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued January 8, 1975 April 22, 1975. Taxation — Exemption — Burden of proof — Constitution of Pennsylvania, Article VIII, Section 2(a)(v) — Purely public charity — The General County Assessment Law, Act 1933, May 22, P.L. 853 — The […]

543 A.2d 620 City of Harrisburg, a Municipal Corporation, and the Redevelopment Authority of The City of Harrisburg v. Capitol Housing Corporation et al. Pennsylvania Higher Education Assistance Agency and Kenneth R. Reeher, Appellants. School District of The City of Harrisburg v. Towne House Apartments et al. Pennsylvania Higher Education Assistance Agency and Kenneth R. […]

355 A.2d 606 Commonwealth of Pennsylvania, Department of Public Welfare v. Fannie Perillo, Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1976 April 9, 1976. Public assistance — Regulations of the Department of Public Welfare — Reimbursement agreement — Property owner — Spouse or parent of welfare recipient — Reasonable classification — Rational basis for classification […]

433 A.2d 156 Commonwealth of Pennsylvania, Department of Labor and Industry, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 August 6, 1981. Unemployment compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Policy-making position. 1. The Director of the Department […]

472 A.2d 272 George F. Campbell, Petitioner v. Workmen’s Compensation Appeal Board (M. Glosser Sons), Respondents. Commonwealth Court of Pennsylvania.Argued November 14, 1983 February 6, 1984. Workmen’s compensation — Loss of eye — Disfigurement — Double recovery — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Liberal interpretation — Face. […]

494 A.2d 1158 Keystone Chemical Company, Inc., Appellant v. The Zoning Hearing Board of Butler Township and Butler Township, Appellees. Commonwealth Court of Pennsylvania.Argued May 7, 1985 June 19, 1985. Zoning — Special exception — Burden of proof — Flood plain. 1. The applicant for a special exception under a zoning ordinance has both the […]

427 A.2d 295 John H. Gwin, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1980 March 23, 1981. Unemployment Compensation — Willful misconduct — Burden of proof — Reasonable work assignment — Good cause — Scope of appellate review — Bodily harm. 1. In an unemployment […]

638 A.2d 294 Thomas R. MARTIN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (EMMAUS BAKERY), Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided February 4, 1994. Reargument Denied March 29, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1297. Page 638 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

542 A.2d 226 Commonwealth of Pennsylvania, Department of Public Welfare, Petitioner v. R. Lee Ziegler, Respondent. Commonwealth Court of Pennsylvania.Argued April 21, 1988. June 10, 1988. Counsel fees — Timeliness — Jurisdiction — Statute of limitations. 1. When a claim for counsel fees against the Commonwealth of Pennsylvania is not timely filed before the Board […]

389 A.2d 724 Carolyn Johnson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1978 August 14, 1978. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Health problems — Burden […]

397 A.2d 45 Paul Tulay, Claimant v. General Foam Corporation and Pennsylvania Manufacturers’ Association Insurance Company, and Commonwealth of Pennsylvania and Workmen’s Compensation Appeal Board. General Foam Corporation and Pennsylvania Manufacturers’ Association Insurance Company, Appellants. Commonwealth Court of Pennsylvania.Argued September 25, 1978 January 31, 1979. Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act 1939, […]

486 A.2d 1030 Hoskins Taxi Service, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 15, 1984 January 10, 1985. Pennsylvania Public Utility Commission — Certificate of public convenience — Taxi — Petition for reconsideration — Transfer of ownership — Unauthorized transfer — Habitual violator — Collateral estoppel — Questions not […]

949 A.2d 983 Howell v. North Heidelberg Township No. 1149CD07.Commonwealth Court of Pennsylvania. April 30, 2008. Appeal from the Berks County 06-12890. Decisions Without Published Opinions Affirmed.

669 A.2d 500 POCONO DOWNS, INC. v. CATASAUQUA AREA SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued December 4, 1995. Decided January 3, 1996. Appeal from the Court of Common Pleas, Lehigh County, No. 94-E-38, Diefenderfer, J. Page 501 David G. Knerr, for appellant. Jerry B. Chariton, for appellee. Before FRIEDMAN and KELLEY, JJ., and LORD, […]

471 A.2d 157 Drs. Meltzer Weisberg, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 7, 1984. Unemployment compensation — Voluntary termination of employment — Necessitous and compelling cause — Job pressures — Findings. 1. As a general rule in unemployment compensation cases, for a voluntary termination of […]

JONES v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 2688CD04.Commonwealth Court of Pennsylvania. July 7, 2005. Appeal from Delaware County 04-06228. Decision without published opinion. Reversed.

344 A.2d 758 Township of Haverford v. Zoning Hearing Board of Haverford Township and Havwyn Manor, Inc. Haverford Township, Appellant. Commonwealth Court of Pennsylvania.Argued May 8, 1975 September 9, 1975. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 […]

278 A.2d 172 Tax Claim Bureau of Montgomery County v. Wheatcroft. Commonwealth Court of Pennsylvania.Argued March 2, 1971 June 3, 1971. Taxation — Tax sales — Notice to owners of taxable property — Real Estate Tax Sale Law, 1947, July 7, P. L. 1368 — Notice to entireties owners — Evidence — Public records — […]

580 A.2d 452 Nicholas PAZ, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS, Pennsylvania Board of Probation and Parole, et al., Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 2, 1990. Decided September 13, 1990. Appeal from the Board of Probation and Parole. Page 163 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

568 A.2d 1001 Joseph L. JOSEPH, Jr., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (The Delphi Company and Rockwood Insurance Company, Ross Kennedy, Bituminous Fire Marine Insurance Company) Respondents. Joseph L. JOSEPH, Jr. v. WORKMEN’S COMPENSATION APPEAL BOARD (The Delphi Company and Rockwood Insurance Company, Ross Kennedy, Bituminous Fire Marine Insurance Company). Appeal of ROCKWOOD INSURANCE […]