Category: Pennsylvania Commonwealth Court Opinions

463 A.2d 490 Virginia F. Barcus, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1983 August 1, 1983. Public employees — Retirement — State Employes’ Retirement Code, 71 Pa. C. S. § 5304(b) — Nonstate service. 1. Under the State Employes’ Retirement Code, 71 Pa. C. S. […]

434 A.2d 906 Vincent L. Killian, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Heintz Division, Kelsey Hayes Company, Respondents. Commonwealth Court of Pennsylvania.Argued June 5, 1981 September 22, 1981. Workmen’s compensation — Loss of use — Additional injury — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — […]

482 A.2d 287 In Re: 1980 Auditors’ Report for New Castle Township. Michael Tobin, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1983 September 28, 1984. Municipalities — Second Class Township Code, Act of May 1, 1933, P.L. 103 — Burden of proof — Auditor’s report — Officer’s accounts. 1. Under Section 559 of the Second […]

520 A.2d 947 In Re: Appeal of Stephen Kilcullen, 209 Canterbury Court, West Chester, Pa. 19380. Stephen Kilcullen, Appellant. Commonwealth Court of Pennsylvania.Argued December 11, 1986 February 5, 1987. Motor vehicles — Licensing — Suspension — Blood test — Refusal — Consultation with parent. 1. A motor vehicle operator who fails to make a decision […]

509 A.2d 1380 Ida Marlene Lemley, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. May 28, 1986. Motor vehicles — Vehicle Code, 75 Pa. C. S. § 1542(a) — Licensing — Revocation — Habitual offender — Suspension. 1. While nothing in the Vehicle Code, 75 Pa. C.S. § 1542(a), expressly […]

440 A.2d 1275 Michele Mancini, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Saldutti Belfatti, Respondents. Commonwealth Court of Pennsylvania.Argued December 18, 1981 February 9, 1982. Workmen’s compensation — Petition to modify — Burden of proof — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of […]

657 A.2d 105 Maria RODRIGUEZ, Admx. of the Estate of Maria Rodriguez, Dec’d Maria Rodriguez and Jose Jorge, H/W Lillian Jorge and Jose Jorge, Appellants, v. CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES, City of Philadelphia, Irene Pernsley, David S. Owens, Jr., Press Groom, William Mercer, Niguel Gonzalez, Margaret Bass and Young Women’s Christian Association […]

527 A.2d 211 Craig Rok, an individual t/d/b/a Craig Auto Service and Towing, Appellant v. Thomas E. Flaherty, individually and in his capacity as Controller of the City of Pittsburgh; Thomas Fitzgerald, individually and in his capacity as Aide to the Controller of the City of Pittsburgh; and Kevin Forsythe, individually and in his capacity […]

724 A.2d 389 MAYFLOWER SQUARE CONDOMINIUM ASSOCIATION v. KMALM, INC., Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1998. Decided January 8, 1999. Reargument Denied March 9, 1999. Appeal from the Common Pleas Court, Montgomery County, No. 96-10326, Hodgson, J. Page 390 Marc A. Zaid, Bala Cynwyd, for appellant. Steven L. Sugarman, Paoli, for appellee. Before […]

479 A.2d 49 Edward P. Deets, Elizabeth L. Deets, his wife, and Mountaineer Enterprises, Inc., Appellants v. The Mountaintop Area Joint Sanitary Authority, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1984 August 2, 1984. Eminent domain — Scope of appellate review — Insufficient evidence — Error of law — Acts of independent contractors — Power […]

395 A.2d 1049 In Re: Appeal of Grace Building Co., Inc., From the Decision of the Zoning Hearing Board of Bensalem Township, Bucks County, Pennsylvania. Zoning Hearing Board of Bensalem Township v. Grace Building Co., Inc., Appellant. Commonwealth Court of Pennsylvania.Argued September 29, 1978 January 5, 1979. Zoning — Evidence before zoning board — Statements […]

841 A.2d 629 Commonwealth of Pennsylvania v. All that Certain Lot or Parcel of Land Located at 2136 Clearview Avenue, Stroudsburg, Stroud Township, Monroe County, Pennsylvania, 18360-9743 and described with particularity at Deed Book 2022, Page 7063, Recorder of Deeds, Monroe County, Pennsylvania. Appeal of: Kevin Michael Berry. No. 1081 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: […]

717 A.2d 1102 CALVO, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs August 14, 1998. Decided September 15, 1998 Appeal from the Court of Common Pleas, Monroe County, No. 4409 Civil 1997, O’Brien, J. Vito, Stroudsburg, for appellant. Wile, Asst. Counsel In-Chrge, and Cramer, Asst. […]

640 A.2d 494 James F. PITKAVISH, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PULLMAN STANDARD), Respondent. Commonwealth Court of Pennsylvania.Argued February 28, 1994. Decided April 5, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1892. Page 186 Richard G. Spagnolli, for petitioner. James A. Mazzotta, for respondent. Page 187 Before COLINS and KELLEY, JJ., and […]

612 A.2d 566 Gerald E. SURMACZ, Ph. D., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1992. Decided June 23, 1992. Page 586 Timothy R. Bevevino, for petitioner. Thomas F. Halloran, Sr. Deputy Atty. Gen., for respondent. Before COLINS and PELLEGRINI, JJ., and BARRY, Senior Judge. COLINS, Judge. Presently before […]

402 A.2d 292 Edward Shanley, Appellant v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Republic Steel Corp., Appellees. Commonwealth Court of Pennsylvania.Argued May 7, 1979 June 6, 1979. Workmen’s compensation — Compensable disability — Conflicting medical evidence — Reference to rejected evidence. 1. In a workmen’s compensation case the resolution of conflicting medical testimony […]

629 A.2d 1051 Francis L. McLAUGHLIN, Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD OF the COMMONWEALTH OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued June 16, 1992. Decided July 27, 1993. Appeal from the State Employees’ Retirement Board. Page 335 Matthew D. Carrafiello for petitioner. David W. Speck, Asst. Counsel, for respondent. Before SMITH and KELLEY, JJ., […]

445 A.2d 1340 Dairy Investments, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of General Services and Commonwealth of Pennsylvania, Board of Claims, Respondents. Commonwealth Court of Pennsylvania.Argued May 5, 1982 June 2, 1982. Board of Claims — Limitation of actions — Act of December 5, 1980, P.L. 1104 — Demurrer — Waiver — Pa. R.C.P. […]

413 A.2d 1182 E S Fabricating Welding Company and Rockwood Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Charlotte Rose Edmond, Respondents. Commonwealth Court of Pennsylvania.Argued February 7, 1980 May 2, 1980. Workmen’s compensation — Death benefits — Spouse — Dependence — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

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 […]

427 A.2d 1292 Lisa Paul, a/k/a Bernard Kleven, Appellant v. City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued March 2, 1981 April 14, 1981. Nuisance — Summary judgment — Demolition — Due process — Notice — Supersedeas. 1. A summary judgment may be granted where there is no genuine issue as to any material fact […]

426 A.2d 221 Alexander Leghan, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1981 March 5, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Retirement — Union […]

646 A.2d 694 Honorable Rolf LARSEN, Justice, Supreme Court of Pennsylvania, Petitioner, v. SENATE OF PENNSYLVANIA, Senate Impeachment Trial Committee Senator Stewart J. Greenleaf, Chairman, and Members of the Committee: Senators Robert C. Jubelirer, Charles D. Lemmond, Jr., H. Craig Lewis, Jeanette F. Reibman, Tim Shaffer, and Hardy Williams, Respondents. Commonwealth Court of Pennsylvania.Argued August […]

430 A.2d 1214 Thomas J. Weaver, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 6, 1981 June 22, 1981. Unemployment compensation — Voluntary termination — Resignation from lay-off exempt position — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. An employee who subjects […]

420 A.2d 1356 Chamberlain Manufacturing Corp., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Stanley H. Stankiewicz, Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1980 October 15, 1980. Workmen’s compensation — Effect of finding in previous case — Causation — Words and phrases — Substantial evidence — Medical evidence. 1. A finding in […]

488 A.2d 648 City of Scranton and Gallagher-Bassett Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Cimoch), Respondents. Adeline Cimoch, Widow of Edward Cimoch, Petitioner v. Workmen’s Compensation Appeal Board (City of Scranton), Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1984 March 4, 1985. Workmen’s compensation — Burden of proof — Scope of appellate review […]

370 A.2d 822 Lloyd Smith, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 17, 1977. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) […]

561 A.2d 1342 MORRIS MANOR, INC., Wallingford Enterprises, Inc., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued March 9, 1989. Decided August 10, 1989. Appeal from the Director of the Office of Hearing and Appeals of the Department of Public Welfare. Page 484 Christine M. Kane, Newtown, for petitioners. […]

833 A.2d 266 Robert Bolus, Sr. and Miranda Kocher, Individually and on behalf of the Committee to Save the Scranton Municipal Golf Course v. Jay Saunders, City Clerk of the Council of the City of Scranton and The City Council of the City of Scranton. Appeal of: Robert Bolus, Sr., Individually, and on behalf of […]

471 A.2d 169 Eugene Dudley, Petitioner v. Workmen’s Compensation Appeal Board (Township of Marple et al.), Respondents. Commonwealth Court of Pennsylvania. February 10, 1984. Workmen’s compensation — Referee — Scope of appellate review — Statute of limitations — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — […]

430 A.2d 386 Robert Birk, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Climate Equipment Company, Respondents. Commonwealth Court of Pennsylvania.Argued April 6, 1981 June 8, 1981. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Conflicting evidence […]

399 A.2d 831 Ronald Henderson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Allentown Sacred Heart Hospital, Respondents. Commonwealth Court of Pennsylvania.Argued February 5, 1979 April 10, 1979. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Taking property of […]

294 A.2d 403 Urbano v. Zoning Hearing Board, et al. Commonwealth Court of Pennsylvania.Argued February 8, 1972 August 29, 1972. Zoning — Bill of Review in Equity — Petition for Reargument — Pa. R. C. P. No. 1522 — New evidence — Scope of appellate review — Abuse of discretion — Error of law — […]

701 A.2d 646Commonwealth Court of Pennsylvania. September 1997. DOCKET TRIAL COURTCAPTION NUMBER DATE DOCKET NUMBER DISPOSITION————————– ——- ——— ————– ———– Staub v. Comm., Dept. of Trans., Bureau of Driver Lic… 736CD97 9/15/97 Westmoreland County Affirmed 3681 of 1996 Comm., Dept. of Trans., Bureau of Driver Lic. v. Phillips …. 310CD97 9/17/97 Blair County Reversed 96 […]

713 A.2d 718 CITY OF PHILADELPHIA and SCHOOL DISTRICT OF PHILADELPHIA, Appellants, v. TAX REVIEW BOARD OF THE CITY OF PHILADELPHIA and ANNA M. SHOTT t/a THRIFTY SCOTT BEVERAGE. Commonwealth Court of Pennsylvania.Argued February 13, 1998. Decided June 10, 1998. Appeal from The Tax Review Board. Richard Feder, Philadelphia, for appellant. Stewart M. Weintraub, Philadelphia, […]

699 A.2d 818 ROBERT A. LINSKEY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 11, 1997. Decided August 18, 1997. Appeal from the Commonwealth Court, No. 789 C.D. 1997, Narick, Senior Judge. Page 819 Jack R. Famiglietti, Philadelphia, for petitioner. Jonathan C. Meyers, Philadelphia, for respondent. […]

706 A.2d 1283 AMERICAN ASPHALT PAVING COMPANY, INC. v. ZONING HEARING BOARD OF JACKSON TOWNSHIP and Jackson Township Board Of Supervisors, Appellants. No. 1261 C.D. 1997Commonwealth Court of Pennsylvania.Argued October 7, 1997. Decided February 10, 1998. Page 1284 Appeal from the Common Pleas Court, Luzerne County, No. 1611-C of 1982. Blythe H. Evans, Wilkes-Barre, for […]

726 A.2d 1120 GEMSTAR CORPORATION, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1998. Decided March 16, 1999. Appeal from the Environmental Hearing Board, No. 97-010-MG. Page 1121 Norman G. Matlock, Philadelphia, for petitioner. William Stanley Sneath, Conshohocken, for respondent. BEFORE: McGINLEY, J., SMITH, J., and MIRARCHI, Jr., Senior Judge. […]

368 A.2d 1389 Commonwealth of Pennsylvania v. J R Equipment Rental Co., Inc., Appellant. Commonwealth of Pennsylvania v. Five-R Excavating, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1976 February 10, 1977. Taxation — Timeliness of appeal — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Filing — Mailing — Equal […]

597 A.2d 226 ST. JOE RESOURCES, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BORKOVIC), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 31, 1991. Decided September 4, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-2291. Page 266 Susan E. Kadilak, for petitioner. Samuel S. Blaufeld and Pamela M. Schiller, for respondent. Before CRAIG, President […]

Bolus v. Northumberland County Airport Authority. No. 889CD08.Commonwealth Court of Pennsylvania. December 24, 2008. Appeal from the Northumberland County CV-08-174. Decisions Without Published Opinions Affirmed

827 A.2d 1267 Geevarughese Varkey, Petitioner v. Workers’ Compensation Appeal Board (Cardone Industries Fireman Fund), Respondent No. 2638 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: March 7, 2003. Filed: June 30, 2003. Page 1268 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1269 Paul […]

535 A.2d 1226 Wilson Townhouses, Sections I II, Appellant v. Berks County Board of Assessment Appeals, Spring Township, Wilson School District, Appellees. Commonwealth Court of Pennsylvania.Argued April 21, 1987. January 13, 1988. Taxation — Assessment — Appeal — Timeliness — Judicial Code, 42 Pa. C. S. § 5571(b) — Jurisdiction — Act of June 26, […]

540 A.2d 1021 Elizabeth Forward School District and Ida Belle Carnathan, Appellants v. Geoffrey Townsend, a minor, by his parent and natural guardian, Debora Poorman, and Debora Poorman, as parent and natural guardian of Geoffrey Townsend, a minor, in her own right, Appellees. Commonwealth Court of Pennsylvania.Argued March 24, 1988. May 10, 1988. Argued March […]

457 A.2d 161 J. C. Penney Co., Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1983 March 9, 1983. Unemployment compensation — Transportation inconvenience — Necessitous and compelling cause. 1. For unemployment compensation purposes transportation inconveniences may provide a necessitous and compelling cause for leaving […]

514 A.2d 1003 Tenant Action Group, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 12, 1986 September 11, 1986. Utilities — Scope of appellate review — Statutory construction — Public Utility Code, 66 Pa. C. S. §§ 1521-1533 — Tenants — Emergency Provisions, 52 Pa. Code § 56.111-56.118. 1. In utility […]

623 A.2d 429 Gerald E. MEIXSELL and Diana L. Meixsell, his wife v. ROSS TOWNSHIP BOARD OF SUPERVISORS, Appellant. Commonwealth Court of Pennsylvania.Argued December 17, 1992. Decided March 12, 1993. Appeal from the Common Pleas Court, Monroe County, No. 1312 Civil 1991, Ronald E. Vican, J. Page 227 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

470 A.2d 1122 Allegheny West Civic Council, Inc., Appellant v. The City Planning Commission of The City of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1983 January 30, 1984. Zoning — Conditional use — Appeal. 1. Under the Pittsburgh Zoning Ordinance the action of the Pittsburgh City Planning Commission on a conditional […]

402 A.2d 1109 Dorothy M. Schooley, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1979 June 15, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Punching time clock for others. 1. A single incident of misconduct […]

804 A.2d 737 Pennsylvania School Boards Association, Inc., Petitioner v. Public School Employees’ Retirement System and the Public School Employees’ Retirement Board, Respondents. No. 188 M.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 9, 2002. Filed: August 12, 2002. Page 738 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

668 A.2d 298 GARDEN STATE TANNING, INC., Petitioner, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF EMPLOYER TAX OPERATIONS, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1995. Decided December 13, 1995. Appeal from the Commonwealth Court, No. 3140 C.D. 1994, McGinley, J. Paige MacDonald-Matthes, for petitioner. Jane C. Pomerantz, Deputy Chief Counsel, for respondent. Before McGINLEY […]

482 A.2d 1368 Fred Hager, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 31, 1984. Unemployment compensation — Willful misconduct — Burden of proof — Scope of appellate review — Good cause. 1. For unemployment compensation purposes, willful misconduct is an act of wanton or willful disregard […]

817 A.2d 1200 Justine Miller, Petitioner v. Workers’ Compensation Appeal Board (Airborne Freight and Kemper Insurance Co.), Respondents. No. 1826 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: November 1, 2002. Filed: January 31, 2003. Order Filed: March 31, 2003. ORDER NOW, March 31, 2003, having considered respondents’ application for reconsideration/reargument, the application is denied. Page 1201 C. […]

649 A.2d 162 SAMUEL J. LANSBERRY, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SWITZER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 26, 1994. Decided October 11, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-0146. Page 65 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

467 A.2d 420 Philadelphia Saving Fund Society, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued May 10, 1983 November 10, 1983. Taxation — The Mutual Thrift Institutions Tax Act, Act of June 22, 1964, P.L. 16 — Business privilege tax — Interest on tax exempt obligations — Act of August 31, 1971, P.L. […]

598 A.2d 1071 Linda GAMBLE, Guardian of Paul M. and Matthew L. Gamble, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BURRELL CONSTRUCTION AND SUPPLY CO.), Respondent. Commonwealth Court of Pennsylvania.Submitted June 28, 1991. Decided October 28, 1991. Appeal from the Commonwealth Court, No. 34 C.D. 1991, Smith, J. Page 278 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

777 A.2d 532 In Re The upset sale of properties against which delinquent 1997 taxes were returned to the Tax Claim Unit, Fiscal Operations on or about the last day of 1998 Appeal of: AX Investment Company, Inc. No. 1674 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: April 4, 2001. Filed: May 17, 2001. Page 533 William […]

449 A.2d 784 William T. Zander, Petitioner v. Workmen’s Compensation Appeal Board (Warrington Equipment Company), Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1982 August 24, 1982. Workmen’s compensation — Second work-related injury — Burden of proof — Credibility — Causation — Medical testimony. 1. A workmen’s compensation claimant, asserting that a prior disability has been […]

SELECTIVE WAY INSURANCE COMPANY, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 429 F.R. 2008.Commonwealth Court of Pennsylvania.Argued October 13, 2010. Decided November 30, 2010. Appeal from the Department of Revenue, Board of Finance and Revenue, No. 0712653 Page 387 Stephen D.D. Hamilton, Philadelphia, for petitioner. John J. Butchar, Sr. Deputy Attorney General, Harrisburg, for respondent. […]

470 A.2d 196 Steve Beluschok and Mary Beluschok, His Wife, Appellants v. The Peoples Natural Gas Company, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1983 January 18, 1984. Eminent domain — De facto taking — Preliminary objections — Evidentiary hearing — Questions not properly raised — Final order — Exceptions — Right of way. 1. […]

415 A.2d 997 Chichester School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Diane M. Aron et al., Respondents. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 26, 1980. Unemployment compensation — Labor dispute — Lockout — Deviation — Status quo — Professional employees — Collective bargaining agreement. 1. An employee […]

597 A.2d 229 MOSHANNON VALLEY SCHOOL DISTRICT, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued April 1, 1991. Decided September 4, 1991. Appeal from the Pennsylvania Labor Relations Board, No. PERA-C-89-391-W. Page 271 David P. Andrews, for petitioner. Peter Lassi, for respondent. William A. Hebe, for intervenor, Moshannon Valley Educ. Ass’n. Before […]

751 A.2d 265 JAY H. STORCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, Respondent. No. 3051 C.D. 1998Commonwealth Court of Pennsylvania.Argued: March 8, 2000. Filed: May 2, 2000. Page 266 Appeal from the State Board of Vehicle Manufactures, Dealer, and Salespersons, No. 0281-60-97. J. Jay Cooper, Harrisburg, for petitioner. […]

467 A.2d 646 Allied Services for the Handicapped, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1983 November 14, 1983. Department of Public Welfare — Nursing home reimbursement — Regulations — Interest on funds borrowed to pay interest — Debt reserves — Necessary expenses. 1. In […]

453 A.2d 1064 Wordsworth Academy, Petitioner v. Judith Gaugler et al., Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1982 December 23, 1982. Schools — Cost of placement of exceptional child — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Delay in decision — Recognition of practice contrary to statutory requirements. […]

650 A.2d 1208 Robert GABONAY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (UNITED AUTO WORKERS, LOCAL 2055 and Hartford Mutual Insurance), Respondents. Commonwealth Court of Pennsylvania.Submitted August 26, 1994. Decided November 23, 1994. Reargument Denied January 13, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2429. Page 500 Vincent J. Quatrini, Jr., for petitioner. Charles […]

450 A.2d 782 Keg Butcher Block, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1982 September 29, 1982. Unemployment compensation — Wilful misconduct — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Conflicting evidence — Telephone call of spouse — […]

HORITSICK v. PA GAS WATER COMPANY. No. 1017CD05.Commonwealth Court of Pennsylvania. October 25, 2005. Appeal from Lackawanna County, 96 CV 4255. Decision without published opinion. Affirmed.

782 A.2d 617 Officer J. Adam Powell, Appellant v. Middletown Township Board of Supervisors. No. 2943 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: April 27, 2001. Filed: August 16, 2001. Page 618 Before: Honorable Dan Pellegrini, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION SENIOR JUDGE MIRARCHI Officer J. Adam Powell […]

402 A.2d 323 The Farmers Bank and Trust Company of Hummelstown, Petitioner v. Commonwealth of Pennsylvania, Department of Banking, Respondent. Commonwealth Court of Pennsylvania.Argued March 7, 1979 June 11, 1979. Banking — Mortgage provisions — Change in interest rates — Banking Code of 1965, Act 1965, November 30, P.L. 847. 1. A provision in a […]

651 A.2d 204 MAJOR MANUFACTURING CORPORATION, Petitioner, v. DEPARTMENT OF REVENUE, Respondent. Commonwealth Court of Pennsylvania.Argued September 23, 1994 Decided November 29, 1994. Reargument Denied January 13, 1995. Appeal from the Department of Revenue’s, No. 002. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

490 A.2d 26 In the Matter of the Appeal of Joseph F. Rizzone and Rose M. Rizzone, his wife, from a Decision of the Zoning Hearing Board Relative to City Lot No. 8244 Situate in the Fourth Ward of the City of Oil City, Venango County, Pennsylvania. Joseph F. Rizzone and Rose M. Rizzone, Appellants. […]

413 A.2d 1165 Edward Minshall, John T. Fisher, Chester C. Gnatt and David B. Werner, Appellants v. The Board of Supervisors of Ferguson Township, Centre County, Pennsylvania et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 11, 1980 April 16, 1980. Zoning — Preliminary injunction — Scope of appellate review — Home Rule Charter Act, Act […]

667 A.2d 757 BRIGHTON MANAGEMENT SERVICE, INC., Designated as Brighton Management Services, Inc. Below, Brighton Enterprises, Inc., Charlies Dream, Inc., Dailey Planet News, Inc., Elgee Novelties, Inc., Kelly Brooks t/a/ Elgee Novelties, Wood Enterprises, Inc., 57 N. 13th Street Corp., 120 S. 13th Street Corp., 942 Market Street Corp. and 1632 Market Street Amusement, Appellants, […]

559 A.2d 604 ARMCO, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KOLLAR), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 27, 1989. Decided May 31, 1989. Petition for Allowance of Appeal Denied March 12, 1990. Appeal from the Commonwealth Court, No. 2562 C.D. 1988, Blatt, Senior Judge. Page 289 Raymond F. Keisling, Will, Keisling, Ganassi […]

427 A.2d 746 Dolores Ormiston, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1981. April 3, 1981. Unemployment compensation — Suitable employment — Good faith — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Burden of proof — Scope of appellate review. […]

355 A.2d 845 Commonwealth of Pennsylvania, The General State Authority (now known as the Department of General Services) v. Osage Company, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued March 2, 1976 April 7, 1976. Public contracts — Additional costs — Reliance on furnished data — Assumption of risk — Presumption — Impossibility — Misrepresentation — Necessity […]

320 A.2d 145 George W. Moyer, Appellant, v. City of Pottsville, West End Hose Company No. 7, U.S. Fidelity Guaranty Company, Insurance Carrier, and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued March 8, 1974 May 20, 1974. Workmen’s compensation — Time of appeal — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

686 A.2d 877 In the Interest of M.B., an Older Adult. York County Area Agency on Aging, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs September 9, 1996. Decided December 12, 1996. Appeal from the Court of Common Pleas, York County, No. 95-0A-0006, Blackwell, J. Page 878 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

540 A.2d 1 A. M., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 24, 1988. April 13, 1988. Department of Public Welfare — Expungement of child abuse report — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial […]

382 A.2d 791 William Pollard, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1977 February 22, 1978. Unemployment compensation — Findings of fact — Sufficient evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — Wilful misconduct — Absences […]

RUSDEN v. UPPER SOUTHAMPTON TOWNSHIP ZONING HEARING BOARD. No. 1022CD03.Commonwealth Court of Pennsylvania. September 15, 2004. Appeal from the Bucks County 01-07978. Decision without published opinion. Reversed.

739 A.2d 616 SUSAN SANDERS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent Commonwealth Court of Pennsylvania.Submitted: September 3, 1999 Filed: October 18, 1999 Decided October 18, 1999. Appealed from the Commonwealth Court, No. 1138 C.D. 1999, Colins, J. Page 617 Elliott G. Williams, Philadelphia, for petitioner. Maribeth Wilt-Seibert, Harrisburg, for respondent. Before: COLINS, J., […]

798 A.2d 823 Borough of Homestead, Appellant v. St. Mary Magdalen Church, The Diocese of Pittsburgh and Board of Property Assessment and Review. No. 1010 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: February 11, 2002. Filed: May 21, 2002. Appeal from the Court of Common Pleas, Allegheny County, No. GD 00-011807, Jaffe, J. Page 824 Bernard M. […]

570 A.2d 129 BOROUGH OF BELLEFONTE and Bellefonte Borough Authority, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1989. Decided February 12, 1990. Petition for Allowance of Appeal Denied June 19, 1990. Appeal from the Environmental Hearing Board, EHB Docket No. 88-458-F. Page 313 Charles J. Kroboth, […]

454 A.2d 653 Inmates of the Cumberland County Prison et al., Petitioners v. Commonwealth of Pennsylvania, Department of Justice et al., Respondents. Allan Bowermaster et al., Intervening Party Petitioners. Inmates of the Cumberland County Prison et al., Petitioners v. Commonwealth of Pennsylvania, Department of Justice et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 17, 1982 […]

DEPARTMENT OF PUBLIC WELFARE/NORRISTOWN STATE HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ROBERTS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 10, 2010. Decided June 21, 2011. Publication Ordered October 14, 2011. John B. O’Brien, Philadelphia, for petitioner. Kenneth S. Saffren, Jenkintown, for respondent. BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge. Page […]

631 A.2d 1097 Dr. Gerald E. POESNECKER, Dr. Harold E. Buttram, and Vernon R. Briggs v. Paul P. RICCHIO, Frank Fedele, Jack C. Kindle and Peter A. Poulos, Appellants. Commonwealth Court of Pennsylvania.Argued June 16, 1993. Decided September 17, 1993. Appeal from the Common Pleas Court, Bucks County No. 89-7661-15-5, Sokolove, J. Page 460 [EDITORS’ […]

SCHUYLKILL HAVEN BOROUGH v. SCHUYLKILL HAVEN POLICE OFFICERS ASSOCIATION, Appellant. No. 2489 C.D. 2005.Commonwealth Court of Pennsylvania.Argued June 8, 2006. Decided December 22, 2006. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1145-2005, Dolbin, J. Page 937 Richardson Todd Eagen, Harrisburg, for appellant. Scott E. Blissman, Philadelphia, for appellee. BEFORE: PELLEGRINI, Judge, and […]

948 A.2d 185 LEBANON VALLEY BRETHREN HOME and Workers’ Compensation Security Fund, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (FLAMMER), Respondent. No. 2016 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 1, 2008. Decided: March 11, 2008. Ordered Published: May 20, 2008. Page 186 Joseph C. Patterson, Harrisburg, for petitioners. David R. Warner, Jr., Lebanon, for […]

400 A.2d 907 Lieutenant Matthew E. Hunt, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police et al., Respondents. Commonwealth Court of Pennsylvania.Argued March 9, 1979 April 25, 1979. Mandamus — Discretionary acts — Transfer of state police officer — Discretion of State Police Commissioner — State Police Regulations — Grievance — Hearing — Right of […]

334 A.2d 812 Commonwealth of Pennsylvania, Appellant, v. W. D. Upholzer and Kathleen E. Upholzer, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1974 March 24, 1975. Eminent domain — Market value — Future use — Burden of proof — Adaptability for use — Need for use — Eminent Domain Code, Act 1964, June […]

444 A.2d 827 Frank A. Cariola, individually and t/a Frank’s Mobil Service Center, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued: March 5, 1982 April 30, 1982. Motor vehicles — Suspension of official inspection privileges — Scope of appellate review — Findings of fact — Substantial […]