Category: Pennsylvania Commonwealth Court Opinions

403 A.2d 1377 New Kensington-Arnold School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Bernard J. Smith, Jr., Respondents. Commonwealth Court of Pennsylvania.Argued May 11, 1979 July 31, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Insufficient evidence — Immoral conduct. […]

690 A.2d 805 JEANNE M. ARBSTER, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted February 7, 1997. Decided March 3, 1997. Appeal from Unemployment Compensation Board of Review, No. B-354232. Page 806 Vincent A. DeFalice, Pittsburgh, for appellant. Gordon S. Johnston, Pittsburgh, for appellee. Before PELLEGRINI and LEADBETTER, JJ. and SILVESTRI, […]

767 A.2d 605 PENNSYLVANIA STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO, and CENTRAL PENNSYLVANIA BUILDING TRADES COUNCIL, Petitioners v. PREVAILING WAGE APPEALS BOARD, Respondent. No. 1079 C.D. 2000Commonwealth Court of Pennsylvania.Argued: December 6, 2000. Filed: January 11, 2001. Before: Honorable Bernard L. Mcginley, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., Senior […]

504 A.2d 395 American Federation of State, County and Municipal Employees, AFL-CIO, Local 2572 and District Council 89, Appellants v. Borough of Schuylkill Haven, Appellee. American Federation of State, County and Municipal Employees, AFL-CIO, Local 2572 and District Council 89, Appellants v. Borough of Schuylkill Haven, Appellee. Commonwealth Court of Pennsylvania.Argued November 12, 1985 January […]

6 A.3d 1 Bryan Keith ROOP, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs July 2, 2010. Decided August 18, 2010. Publication Ordered October 14, 2010. Appeal from the Court of Common Pleas, Montgomery County, No. 09-07966, Rossanese, Senior Judge. Timothy P. Wile, Lansdale, for […]

339 A.2d 834 Francis J. Boyle, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1975 May 6, 1975. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Refusal of breath test — Burden […]

857 A.2d 222 Marjorie LAWSON, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (TEMPLE UNIVERSITY), Respondent. No. 2172 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 9, 2004. Decided: September 7, 2004. Appeal from the Workers’ Compensation Appeal Board, No. A02-3146. Page 223 Neil S. Kerzner, Philadelphia, for petitioner. Linda S. Lloyd, Harrisburg, for respondent. BEFORE: COLINS, President Judge, […]

458 A.2d 657 Lucille Lalmant Deigendesch and Jean Lalmant Leighton v. County of Bucks, Board of Assessment of the County of Bucks et al. Bucks County Board of Assessment Appeals, Appellant. In Re: Appeal of Feeneys Nursery, Inc. From the Order of Bucks County Board of Assessment Appeals etc. Bucks County Board of Assessment Appeals, […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Rechel. 2282CD05.Commonwealth Court of Pennsylvania. August 3, 2006. Appeal from the Allegheny County SA801 of 2004. Decisions Without Published Opinions Reversed.

Lori Newhart COSTELLO Joseph Costello (Dec’d), Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (KINSLEY CONSTRUCTION, INC.), Respondent. No. 831 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 15, 2006. Decided February 13, 2007. Appeal Board, No. A05-2788, that reversed the decision of a Workers’ Compensation Judge (WCJ). Matthew L. Wilson, Philadelphia, for petitioner. R. Burke McLemore, Jr., Harrisburg, […]

540 A.2d 982 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Stephen G. Churma Duane Churma, Appellees. Commonwealth Court of Pennsylvania. April 28, 1988. Pennsylvania Liquor Control Board — Sales to minors — Scope of appellate review — Abuse of discretion — Error of law — Substantial evidence — Liquor Code, Act of April […]

445 A.2d 264 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Roger P. Dourte, Appellee. Commonwealth Court of Pennsylvania.Argued: March 4, 1982 May 17, 1982. Motor vehicles — Suspension of motor vehicle operator’s license — Vehicle Code, 75 Pa. C. S. § 1547 — Refusal of blood test — Statutory construction. […]

512 A.2d 1339 Williamsburg Community School District, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission and Sarah J. Bowmaster, Respondents. Commonwealth Court of Pennsylvania.Argued May 16, 1986 July 24, 1986. Sex discrimination — Scope of appellate review — Back pay — Unemployment compensation. 1. In a sex discrimination case, the scope of review of […]

2 A.3d 785 Joseph J. GAUGHAN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE), Respondent. No. 2472 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs June 21, 2010. Decided July 28, 2010. Ian J. Blynn, Harrisburg, for petitioner. Sheilah A. Tone, Scranton, for respondent. Page 786 BEFORE: LEADBETTER, President Judge, and LEAVITT, Judge, and KELLEY, […]

497 A.2d 261 Jean D. Clark, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1985 August 20, 1985. Unemployment compensation — Community worker — Perjury conviction — Fault. 1. A municipality may reasonably believe that two perjury convictions render a person unsuitable for the position of […]

841 A.2d 156 Carol M. Nicoletti, Appellant v. Allegheny County Airport Authority. No. 342 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: October 7, 2003. Filed: January 20, 2004. Page 157 Diana Slivinska, Clinton, for appellant. Judith F. Olson, Pittsburgh, for appellee. BEFORE: LEADBETTER, Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY Senior Judge KELLEY Carol M. Nicoletti […]

616 A.2d 110 William F. FITZPATRICK, Jr., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 21, 1992. Decided September 23, 1992. Appeal from the Unemployment Compensation Board of Review, No. B-296246. Page 592 William F. Fitzpatrick, Jr., petitioner, pro se. Clifford F. Blaze, Deputy Chief Counsel, for respondent. […]

426 A.2d 205 Burnell T. Wertman, Sr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and American Nickeloid Company, Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1981 February 27, 1981. Workmen’s compensation — Counsel — Late appeal. 1. Administrative oversight occurring in the office of the counsel for a workmen’s compensation claimant cannot form […]

709 A.2d 999 EUGENE P. LEONI and MARIAN E. LEONI, h/w, Appellants, v. WHITPAIN TOWNSHIP ZONING HEARING BOARD and WAYNE SCHAIBLE and SHARON D. SCHAIBLE, h/w and WHITPAIN TOWNSHIP. Commonwealth Court of Pennsylvania.Argued February 12, 1998. Decided March 24, 1998. Reargument Denied May 26, 1998. Appeal from the Common Pleas Court, Montgomery County, No. 96-20136, […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. WESTON. No. 276CD04.Commonwealth Court of Pennsylvania. August 17, 2004. Appeal from the Allegheny County S.A. 755 of 2003. Decisions without published opinions. Vacated and Remanded.

487 A.2d 481 Anthony J. Moses and Robert J. Moses, Appellants v. Zoning Hearing Board of the Borough of Dormont and Borough of Dormont, Appellees. Anthony J. Moses and Robert J. Moses, Appellants v. Zoning Hearing Board of the Borough of Dormont and Borough of Dormont, Appellees. Commonwealth Court of Pennsylvania.Argued November 16, 1984 February […]

492 A.2d 798 William P. Cracas, et al., Appellants v. Board of Supervisors of West Pikeland Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 9, 1985 May 22, 1985. Zoning — Exclusion — Curative amendment — Presumption — Burden of proof — Commercial uses. 1. On an appeal in an exclusionary zoning case, the substantive merits […]

841 A.2d 599 Edmund Goppelt v. City of Philadelphia Revenue Department, Appellant. No. 1651 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: November 21, 2003. Filed: January 9, 2004. Page 600 Eleanor N. Ewing, Philadelphia, for appellant. Michael Churchill, Philadelphia, for appellee. BEFORE: FRIEDMAN, Judge; COHN, Judge; McCLOSKEY, Senior Judge. OPINION BY Senior Judge McCLOSKEY The City of […]

705 A.2d 513 Gregory JEFFERSON, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 21, 1997. Decided January 8, 1998. Appeal from the State Board of Probation and Parole, No. 7686T. Robert S. McMinn, Huntington, for petitioner. K. Scott Roy, Harrisburg, for respondent. Before PELLEGRINI and KELLEY, JJ., […]

386 A.2d 1062 Township of Chester v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued April 5, 1978 May 24, 1978. Eminent domain — Damages — Fair market value — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Replacement cost — Unique character. 1. Under the Eminent Domain Code, Act […]

439 A.2d 898 Henrietta C. Byrd, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 18, 1981 January 21, 1982. Unemployment compensation — Retirement benefits — Base year — Substantial evidence. 1. Retirement benefits received by a claimant should be deducted from the amount of unemployment compensation benefits […]

500 A.2d 1235 Byron Garrison, Petitioner v. Workmen’s Compensation Appeal Board (Commonwealth of Pennsylvania, Subsequent Injury Fund), Respondent. Commonwealth Court of Pennsylvania.Argued December 13, 1984 April 9, 1985. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Error of law — Loss of eye. 1. In a […]

739 A.2d 1084 JONATHAN SHEPPARD STABLES, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WYATT), Respondent Commonwealth Court of Pennsylvania. No. 430 C.D. 1999Submitted: May 21, 1999. Filed: September 13, 1999. Appeal from the order of the Workers’ Compensation Appeal Board, No. A96-2641. Page 1085 Brittany Fenkel, Philadelphia, for petitioner. George Zumbano, West Chester, for respondent. Before: […]

780 A.2d 731 DIANA A. BURGER, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1014 C.D. 2000, 1014 C.D. 2000Commonwealth Court of Pennsylvania.Submitted: December 6, 2000. Filed: May 18, 2001. Stephen D. Wicks, FAltoona, for petitioner. Andrew J. Kennedy, Altoona, for respondent. Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; […]

466 A.2d 753 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. First Pennsylvania Bank, N. A., Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1983 October 17, 1983. Department of Transportation — Failure to record lien on title — Vehicle Code, 75 Pa. C. S. § 1133 — Contract. 1. Where no contract with a bargained […]

488 A.2d 1172 Wayne Highlands School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Commonwealth Court of Pennsylvania.Argued October 15, 1984 January 14, 1985. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Reassignment — Transportation costs. 1. Under Section 1315 of the Public School Code of […]

387 A.2d 943 Robert S. White, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 5, 1978 June 12, 1978. Unemployment compensation — Wilful misconduct — Remuneration — National Labor Relations Board award — Back pay — Purging oneself of past misconduct — Voluntary termination — Settlement agreement […]

525 A.2d 442 Walter J. Lacomis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 5, 1987. Unemployment compensation — Willful misconduct — Absenteeism. 1. Absenteeism alone does not constitute willful misconduct for unemployment compensation purposes; however, chronic absenteeism in combination with a failure to report absences does. […]

RITTENHOUSE ROW and Don Davidow v. Dominic ASPITE, 1420-22 Chestnut Street Associates and the Zoning Board of Adjustment of the City of Philadelphia Appeal of: Dominic Aspite and 1420-22 Chestnut Street Associates. No. 817 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs June 7, 2006. Decided December 19, 2006. Appeal from the Court of Common Pleas, […]

850 A.2d 58 Commonwealth of Pennsylvania v. Mark V. Cosentino, Appellant. No. 2122 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 4, 2004. Filed: May 13, 2004. Page 59 Thomas R. Ceraso, Greensburg, for appellant. Kyle M. Baxter, Greensburg, for appellee. BEFORE: LEADBETTER, Judge; KELLEY, Senior Judge; FLAHERTY, Senior Judge. OPINION BY Senior Judge KELLEY Mark V. […]

528 A.2d 264 Francis J. Fleeger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 24, 1987. Unemployment compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Failure to raise question below — Voluntary […]

601 A.2d 1359 Alfred George GRANT and Geraldine Patricia Grant, his wife, Appellants, v. SOUTHWESTERN PENNSYLVANIA WATER AUTHORITY, Appellee. Commonwealth Court of Pennsylvania.Argued October 11, 1991. Decided January 9, 1992. Appeal from the Court of Common Pleas, Greene County, A.D. 325 of 1988, H. Terry Grimes, J. Page 639 Joseph M. George, for appellants. Barbara […]

842 A.2d 1025 Donna Berman v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1184 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: December 19, 2003. Filed: February 19, 2004. Page 1026 Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-charge, Harrisburg, for appellant. F. Emmett Fitzpatirick, PA, for appellee. BEFORE: FRIEDMAN, Judge, […]

473 A.2d 219 Louis J. Grispino, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 14, 1984. Unemployment compensation — Scope of appellate review — Findings of fact — Error of law — Wilful misconduct — Leaving work without permission — Justification. 1. In an unemployment compensation case […]

566 A.2d 1290 Stavro N. SEMANDERES, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1989. Decided December 11, 1989. Appeal from the Court of Common Pleas, Allegheny County, No. GD 86-16961, Leonard C. Staisey, J. Page 95 Samuel P. Kamin, Goldberg Kamin, Pittsburgh, for appellant. Jeffrey L. Giltenboth, […]

411 A.2d 1263 Summit Township Taxpayers Association, Edward Leslie and Lillian R. Wasiela, Appellants v. Summit Township Board of Supervisors, Appellee. Erie Disposal Company, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1979 February 25, 1980. Zoning — Standing to appeal — Standing to challenge court supervised settlement — Curative amendment — The Pennsylvania Municipalities […]

320 A.2d 916 Pittsburgh Outdoor Advertising Company, Appellant, v. Zoning Board of Adjustment of the City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued May 9, 1974 June 26, 1974. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Main use — Main structure — Advertising signs — Incidental activity […]

824 A.2d 1241 Department of Corrections, Petitioner v. Workers’ Compensation Appeal Board (Clark), Respondent. No. 1 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 11, 2003. Filed: June 2, 2003. Brian S. Frantum, Media, for petitioner. John B. Alessandroni, Philadelphia, for respondent. BEFORE: COLINS, President Judge; LEADBETTER, Judge; McCLOSKEY, Senior Judge. OPINION BY Senior Judge McCLOSKEY. Department […]

453 A.2d 1092 Jacob D. Mickens, Petitioner v. Glen Jeffes, Warden, Mr. Rusnak, Records Officer at the State Correctional Institution at Dallas, Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondents. Commonwealth Court of Pennsylvania. January 7, 1983. Probation and parole — Recomputation of sentence — Employe of Bureau of Correction — Pennsylvania Board […]

661 A.2d 479 MARTIN MEDIA, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania.Argued: June 5, 1995. Decided: June 29, 1995. Appeal from the Department of Transportation, No. 159 A.D., 1993. Page 480 Dwight D. Ferguson, for petitioner. Thomas R. Haist, for respondent. Before DOYLE and FRIEDMAN, JJ., and NARICK, Senior […]

463 A.2d 64 Theresa R. Wyatt, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1981 July 5, 1983. Public assistance — The Fiscal Code, Act of April 9, 1929, P.L. 343 — Statute of limitations — Social Security Act, 42 U.S.C. § 407 — Legal process — […]

934 A.2d 135 SHENANGO INCORPORATED, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. No. 2203 C.D. 2006.Commonwealth Court of Pennsylvania.Argued: September 5, 2007. Decided:: October 2, 2007. Page 136 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 137 Kenneth S. Komoroski, Pittsburgh, for […]

621 A.2d 1232 Helen CIAVERELLI, Guardian of the Estate of Peter Joseph Ciaverelli, a minor, Petitioner, v. CRIME VICTIM’S COMPENSATION BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1992. Decided March 2, 1993. Appeal from the Crime Victims Compensation Board, No. 91-0790-D. Page 640 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

616 A.2d 1069 CAN CORPORATION OF AMERICA, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 25, 1992. Decided October 26, 1992. Appeal from the Unemployment Compensation Board of Review, No. B-298040. Laurence M. DelVecchio, for petitioner. Clifford F. Blaze, Deputy Chief Counsel, for respondent. Before PALLADINO and PELLEGRINI, […]

Eby v. East Earl Township Zoning Hearing Board. No. 1618CD07.Commonwealth Court of Pennsylvania. July 16, 2008. Appeal from the Lancaster County CI-06-11291. Decisions Without Published Opinions Affirmed.

952 A.2d 713 Kathleen McDONALD and Edward William Kleeman, Appellants v. REDEVELOPMENT AUTHORITY OF ALLEGHENY COUNTY. No. 1228 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: May 6, 2008. Decided: June 6, 2008. Reargument: Denied En Banc August 7, 2008. Page 714 Thomas J. Dempsey, Pittsburgh, for appellants. Hilary W. Taylor, Monroeville, for appellee. Page 715 BEFORE: FRIEDMAN, […]

436 A.2d 1060 Crucible, Incorporated, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Ernest A. McDole, Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1981 November 13, 1981. Workmen’s compensation — Notice of disability — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Knowledge of condition […]

467 A.2d 415 Pennsbury School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education and Robert G. Scanlon, Secretary of Education for the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania. November 9, 1983. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Excess driver hours allowance — Untimely […]

276 A.2d 576 Lester Hauck, et ux., et al. v. Wilkes-Barre City Zoning Board of Adjustment. Commonwealth Court of Pennsylvania.Argued February 8, 1971 April 23, 1971. Zoning — Appeals to courts of common pleas — Evidence admitted by common pleas court — Duty to decide case on the merits — Special exception to zoning regulations […]

625 A.2d 1308 MANCINI’S BAKERY and The Standard Fire Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (LEONE), Respondent. Peter LEONE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MANCINI’S BAKERY), Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1993. Decided May 24, 1993. Appeal from order of Workmen’s Compensation Appeal Board, No. A91-1804. Page 642 [EDITORS’ NOTE: […]

389 A.2d 725 Ronald Joseph Conrad, Sr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1978 August 15, 1978. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Reporting absences — Violation of company […]

380 A.2d 926 Bernard A. Fischer, Executor of the Estate of Sally Wilson, Deceased, Plaintiff v. Jacob G. Kassab, Secretary of Transportation et al., Defendants. Commonwealth Court of Pennsylvania.Argued September 14, 1977 December 5, 1977. Sovereign immunity — Jurisdiction of the Commonwealth Court of Pennsylvania — Appellate Court Jurisdiction Act of 1970, Act 1970, July […]

462 A.2d 952 In Re: Appeal of Emily S. Belding from the Bucks County Board of Assessment and Revision of Taxes etc. Emily S. Belding, Appellant. Commonwealth Court of Pennsylvania. July 22, 1983. Taxation — Equitable interest in out-of-state trust — State Personal Property Tax Act, Act of June 22, 1935, P.L. 414. 1. The […]

374 A.2d 546 James P. Renshaw and David A. Renshaw, Tenants in Common, Sarah A. Reed Children’s Center v. The Zoning Hearing Board of Millcreek Township. Millcreek Township, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1977 June 15, 1977. Argued May 5, 1977, before Judges KRAMER, MENCER and ROGERS, sitting as a panel of three. […]

789 A.2d 789 Global Eco-Logical Services, Inc. and Atlantic Coast Demolition and Recycling, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Protection, Respondent. No. 125 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: November 5, 2001. Filed: December 11, 2001. Page 790 Before: Honorable Doris A. Smith, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jess S. Jiuliante, […]

706 A.2d 400 UNIVERSAL AM-CAN, LTD, and National Union/AIAC, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (MINTEER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 5, 1997. Decided February 2, 1998. Appeal from the Workers’ Compensation Appeal Board (W.C.A.B.), A95-4511, Friedman, J. Paul S. Mazeki, Pittsburgh, for petitioner. Page 401 Daniel K. Bricmont, Pittsburgh, for respondent. […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Smith. No. 1067CD09.Commonwealth Court of Pennsylvania. February 18, 2010. Appeal from the York County 2009-SU-04836-08. Decisions Without Published Opinions. Reversed.

459 A.2d 902 Janice Visconto, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 May 13, 1983. Public assistance — Scope of appellate review — Substantial evidence. 1. Review by the Commonwealth Court of Pennsylvania of an adjudication of the Department of Public Welfare terminating public assistance […]

274 A.2d 221 John P. Marino v. Zoning Hearing Board of Harrison Township. Commonwealth Court of Pennsylvania.Argued October 20, 1970 January 22, 1971. Zoning — Words and phrases — “Floating zones” — Comprehensive zoning plans — Construction of separately passed ordinances — Zoning officials — Conflict of interest — Improper motives — Burden of proof. […]

Jones v. Commonwealth of Pennsylvania, PA Deptartment of Corrections. No. 897CD09.Commonwealth Court of Pennsylvania. November 19, 2009. Appeal from the Huntingdon County 09-382. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed and Remanded.

837 A.2d 634 William H. Agnew, Appellant v. Bushkill Township Zoning Hearing Board v. Eric Martyn. No. 243 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September 11, 2003. Filed: December 5, 2003. Page 635 Anthony S. Beltrami, Behlehem, for appellant. Brian M. Monahan, Easton, for appellee. BEFORE: FRIEDMAN, Judge; LEAVITT, Judge; MIRARCHI, JR., Senior Judge. OPINION BY […]

PENNSYLVANIA PRIDE, INC. v. TOWNSHIP OF SOUTHAMPTON. No. 187CD05.Commonwealth Court of Pennsylvania. December 22, 2005. Appeal from Franklin County 2000-3181. Decision without published opinion. Affirmed.

778 A.2d 800 Dressel Associates, Inc. v. Beaver Valley Builders Supply, Inc., and the United States of America v. Bell Acres Borough, Appellant. No. 2084 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: May 7, 2001. Filed: June 14, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable James R. Kelley, Judge; Honorable Jim Flaherty, Senior Judge. OPINION […]

367 A.2d 742 Edward J. Lewis and Donald Soffer, trading as Oxford Development Company, a partnership v. Pine Township and Pine Township Board of Supervisors. Pine Township Citizens’ Association, David E. Graf, Edmund Valentine and Ruth Ward, Appellants. Commonwealth Court of Pennsylvania.Argued October 27, 1976 December 15, 1976. Zoning — Mandamus — Petition to intervene […]

354 A.2d 269 Gerald D. Yingst and Mary M. Yingst v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued March 3, 1976 March 26, 1976. Eminent domain — Consolidation — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Unity of use rule. 1. Under the Eminent Domain Code, Act 1964, […]

426 A.2d 1279 Thomas J. Houser, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1981 March 19, 1981. Unemployment compensation — Scope of appellate review — Willful misconduct — Knowing falsehood. 1. In unemployment compensation cases the Unemployment Compensation Board of Review and the referee are […]

685 A.2d 245 Kathleen SHEPHERD, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (McLAUGHLIN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 20, 1996. Decided November 18, 1996. Appeal from Workmen’s Compensation Appeal Board, No. A93-1493. John D. Miller, Jr., York, for petitioner. James A. Stapleton, Reading, for respondent. Before McGINLEY and LEADBETTER, JJ., and LORD, Senior […]

494 A.2d 1174 Theodore L. Carr, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. June 28, 1985. Pennsylvania Board of Probation and Parole — Recommitment of parole violator — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Violation of […]

812 A.2d 736 Robert M. Williams, Jr. v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 2666 C.D. 2001, 2666 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 23, 2002. Filed: September 24, 2002. Order Filed: December 12, 2002. ORDER AND NOW, this 12th day of December, 2002, it is Ordered that the […]

381 A.2d 497 Edward B. Mertz and William H. Agnew, trading as Bushkill Acres v. Stephen Lakatos et al. Stephen Lakatos, Sterling Rissmiller, Robert W. Kostenbader, Supervisors of Bushkill Township, and the Township of Bushkill, Appellants. Commonwealth Court of Pennsylvania.Argued October 3, 1977 January 6, 1978. Municipalities — Development improvements — Release of bond — […]

617 A.2d 860 LAUNDRY OWNERS MUTUAL LIABILITY INS. ASSOC. (STOP-N-GO FOOD STORES), Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Barbara HERPAK), Respondent. Commonwealth Court of Pennsylvania.Argued September 17, 1992. Decided November 19, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-2614. Brian Lenahan, for petitioner. Michael R. Hetrick, Asst. Counsel, for respondent. Before SMITH, and […]

LEVAN v. WILLIAMS. No. 406CD04.Commonwealth Court of Pennsylvania. September 28, 2004. Appeal from the Columbia County 1999 CV 216. Decision without published opinion. Affirmed.

459 A.2d 1320 In the Matter of the Arbitration between the City of Erie, Pennsylvania and The International Association of Firefighters, Local 293. City of Erie, Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued March 2, 1983 May 10, 1983. Policemen and firemen — Arbitration — Act of June 24, 1968, P.L. 237 — Scope of appellate […]

611 A.2d 786 J R’s SMOKEHOUSE, INC., Appellant v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1992. Decided June 5, 1992. Appeal from the Court of Common Pleas, Northampton County, No. 464 Miscellaneous Docket 1990, Robert A. Freedberg, J. Patrick M. McHugh, for appellant. Page 410 Leonard R. […]

554 A.2d 179 Anthony J. Pivirotto, Petitioner v. Commonwealth of Pennsylvania, State Real Estate Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1988. February 16, 1989. State Real Estate Commission — Revocation of license — Briefing requirements — Right to file brief — Modification of penalties — Mitigating circumstances. 1. A party to a license […]

Whyte v. Upper Makefield Township. No. 1861CD06.Commonwealth Court of Pennsylvania. July 11, 2007. Appeal from the Bucks County 0500031-27-5. Decisions without Published Opinions Affirmed.

623 A.2d 381 Edwin CRUZ, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 15, 1993. Decided March 10, 1993. Appeal from the Board of Probation and Parole, No. 7887-R. Page 133 Joseph J. Hylan, Asst. Public Defender, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. […]

676 A.2d 760 Richard J. BLAIR and Ingrid Morning, Appellants, v. ZONING HEARING BOARD OF the TOWNSHIP OF PIKE and Township of Pike and Warren L. Saylor and Gary M. Henshaw. Commonwealth Court of Pennsylvania.Argued April 15, 1996. Decided May 21, 1996. Appeal from the Court of Common Pleas, Berks County, No 4706-89, Echelman, J. […]

The ASSOCIATION OF SETTLEMENT COMPANIES; Century Negotiations, Inc., Eagle One Debt Solutions, LLC, Petitioners v. DEPARTMENT OF BANKING, Respondent. Commonwealth Court of Pennsylvania. Argued: June 10, 2009. Decided: July 24, 2009. Page 1258 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1259 […]

325 A.2d 822 Climax Molybdenum Company and Pennsylvania Manufacturers’ Association Insurance Co., Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Donald C. McCombs, Appellees. Commonwealth Court of Pennsylvania.Argued September 10, 1974 October 8, 1974. Workmen’s compensation — Final receipt — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Limitation […]

539 A.2d 923 In Re: Nomination Petition of John F. Street, 1812 Diamond Street as Democratic Candidate for the Office of Member of the Ward Executive Committee for the 32nd Ward, 11th Division. Christine Harris, Appellant. In Re: Nomination Petition of Charles H. Dowling, 2007 N. Gratz Street as Democratic Candidate for the Office of […]

423 A.2d 812 Raymond Riggs, Jr. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 December 22, 1980. Board of Claims — Act of May 20, 1937, P.L. 728 — The Fiscal Code of April 9, 1929, P.L. 343. 1. The procedures of Section 6 of […]

450 A.2d 305 Clyde A. Simpson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. The Babcock Wilcox Company, Intervenor. Commonwealth Court of Pennsylvania.Argued February 5, 1982 September 17, 1982. Unemployment compensation — Search of employe — Wilful misconduct — Good cause for noncompliance with order — Burden of proof — Security to […]

985 A.2d 308 Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Menichino. No. 173CD09.Commonwealth Court of Pennsylvania. December 8, 2009. Appeal from Mercer County 4259 of 2008, M.D. Decisions Without Published Opinions Vacated.

278 A.2d 182 Cooke v. Greenville. Commonwealth Court of Pennsylvania.Argued April 19, 1971 June 7, 1971. Amicable action — Act 1836, June 13, P. L. 568, § 40 — Mandamus. 1. When the purpose of an action is to compel performance by a political subdivision of a public act, the action must be in mandamus […]

578 A.2d 629 Carl C. REYNOLDS and Kathryn Reynolds, his wife, Appellants v. The ZONING HEARING BOARD OF ABINGTON TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued April 3, 1990. Decided August 10, 1990. Appeal from the Common Pleas Court, Lackawanna County, No. 88 Civil 6370, S. John Cottone, J. Page 383 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

528 A.2d 999 Marie L. Seybold, Petitioner v. Commonwealth of Pennsylvania, Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1986. December 15, 1986. Firefighters — Death benefits — Act of June 26, 1976, P.L. 424 — Credibility — Substantial evidence — Conflicting evidence. 1. The hearing examiner, not the reviewing court, is […]

428 A.2d 1039 Walter Garvey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1981 May 1, 1981. Unemployment compensation — Scope of appellate review — Willful misconduct. 1. In an unemployment compensation case, the Unemployment Compensation Board of Review is the ultimate factfinder, and the Commonwealth […]

696 A.2d 909 HARRY MARTIN, JR., a minor by and through his Parent and Natural Guardian DIANE MARTIN and DIANE MARTIN in her own right, Appellants v. CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued February 4, 1997. Decided July 2, 1997. Appeal from the Court of Common Pleas, Philadelphia County, No. 1354. Page 910 Micheal […]

623 A.2d 418 BOARD OF REVISION OF TAXES OF the CITY OF PHILADELPHIA and The City of Philadelphia and The School District of Philadelphia, Appellants, v. AMERICAN BOARD OF INTERNAL MEDICINE, Appellee. Commonwealth Court of Pennsylvania.Argued February 2, 1993. Decided March 12, 1993. Appeal from the Common Pleas Court of Philadelphia County, No. 5807 January […]

655 A.2d 652 COMMUNITY ACCOUNTANTS, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1995. Decided March 2, 1995. Appeal from Board of Finance and Revenue, No. 91-4657. Page 653 Richard G. Placey, for petitioner. Kevin A. Moury, Deputy Atty. Gen., for respondent. Before COLINS, President Judge, and PELLEGRINI, J., LORD, Senior […]