Category: Pennsylvania Commonwealth Court Opinions

Allegheny County Housing Authority v. Belajac. No. 1319 C.D. 09.Commonwealth Court of Pennsylvania. June 30, 2010. Appeal from the Allegheny County SA 08-1403. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed.

404 A.2d 443 Charles T. Heins, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Berlin Auto Supply, Respondents. Commonwealth Court of Pennsylvania.Argued April 5, 1979 August 2, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 […]

713 A.2d 1222 ERIN D. SEDOR, Appellant, v. WEST MIFFLIN AREA SCHOOL DISTRICT and VERN’S ELECTRIC, INC. Commonwealth Court of Pennsylvania.Argued June 8, 1998. Decided June 30, 1998. Appeal from Court of Common Pleas, Allegheny County, No. 98-4937, Friedman, J. Page 1223 Anthony J. Guida, Jr., for appellant. W. Alan Torrance, Jr., for appellee, Vern’s […]

714 A.2d 514 Carole SABBETH v. TAX CLAIM BUREAU OF FULTON COUNTY and GENWOVE U.S., LTD, Appellants. Commonwealth Court of Pennsylvania.ARGUED: April 16, 1998 DECIDED: June 29, 1998 REARGUMENT DENIED: August 24, 1998. Page 515 Appeal from the Court of Common Pleas, Fulton County, No. 6 of 1996-MCP, Kaye, J. Stanley J. Kerlin, McConnellsburg, for […]

284 A.2d 148 Scranton Housing Authority v. Scranton, et al. Commonwealth Court of Pennsylvania.Argued October 5, 1971 December 31, 1971. Contracts — Sewer agreements — Housing authorities — Intent of parties — Cost of sewer service — Economic hardship — Retention of nonexistent jurisdiction. 1. The primary duty of the court in the interpretation of […]

298 A.2d 627 Plains Township v. Krasner. Commonwealth Court of Pennsylvania.Argued October 2, 1972 December 22, 1972. Zoning — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___, No. 247 — Violation of zoning ordinance — Summary proceedings — Misdemeanor — Penalties — Validity of zoning ordinance. 1. The Pennsylvania Municipalities Planning Code, […]

424 A.2d 591 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William M. Dinkins, Appellee. Commonwealth Court of Pennsylvania.Argued December 8, 1980 January 20, 1981. Motor vehicles — License suspension — Vehicle Code, 75 Pa. C. S. § 1545 — Failure to respond to a citation — Points. 1. A non-point […]

PISC Associates v. Zoning Hearing Board of West Norriton Township. No. 510CD06.Commonwealth Court of Pennsylvania. January 3, 2007. Appeal from the Montgomery County 04-20501. Decisions Without Published Opinions Affirmed.

590 A.2d 38 Maria DeMARCO and Theresa Fasciocco, heirs of Patrick DeMarco, Deceased, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (MATLACK, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 2, 1990. Decided April 12, 1991. Reargument Denied May 29, 1991. Petition for Allowance of Appeal Denied October 11, 1991. Appeal from the Workmen’s Compensation Appeal […]

982 A.2d 1249 Regina Marie TADDEI, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 198 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs: July 24, 2009. Decided: September 9, 2009. Ordered Published: November 6, 2009. Page 1250 Appeal from the Court of Common Pleas, Delaware County, No. 2008-12884, Zetusky, Senior Judge. […]

704 A.2d 721 Michael BROOKS, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 22, 1997. Decided December 16, 1997. Appeal from the Board of Probation and Parole, No. 8198-V. Page 722 Lowell T. Williams, Asst. Public Defender, for petitioner. Seth A. Mendelsohn, Asst. Counsel, for respondent. Before […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Mackee v. White Haven Center . . . . . . . . . 2189CD99 1/17/2001 Luzerne County Affirmed 1927 C 1991 Comm., Dept. of Trans., Bureau of Driver Lic. v. White . . . . . . . […]

408 A.2d 578 F. J. Busse, Inc., Petitioner v. Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1979 December 5, 1979. Public contracts — Risk of loss — Hurricane — Act of God — Presumption — Assumption of risk. 1. Where one of two innocent parties must sustain a loss, the burden […]

532 A.2d 281 Marwood Rest Home, Inc., Appellant v. City of Philadelphia Tax Review Board, Appellee. Commonwealth Court of Pennsylvania.Argued September 15, 1987. December 30, 1987. Taxation — Exemption — Burden of proof — Scope of appellate review — Philadelphia Code 19-1806 — Nursing facility — Use and occupancy tax. 1. It is a taxpayer’s […]

629 A.2d 246 INDUSTRIAL CERAMICS, INC., Petitioner v. DEPARTMENT OF LABOR AND INDUSTRY, STATE WORKMEN’S INSURANCE FUND, Respondent. Commonwealth Court of Pennsylvania.Argued June 15, 1993. Decided July 16, 1993. Appeal from the Board of Claims, No. 1520. Page 198 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

679 A.2d 299 Linda COLSTON, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY; and Upper Chichester Township; and Commonwealth of Pennsylvania, Department of Transporation. Commonwealth Court of Pennsylvania.Argued June 10, 1996. Decided July 15, 1996. Appeal from the Court of Common Pleas, Delaware County, No. 92-3168, Semeraro, J. Michael B. Tolcott, for Appellant. John P. Capuzzi, Deputy […]

639 A.2d 1347 Helen WRIGHT, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ADAM’S MARK HOTEL), Respondent. Commonwealth Court of Pennsylvania.Submitted January 14, 1994. Decided April 4, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2196. Page 173 George D. Walker, Jr., for petitioner. Dawn R. Courtney, for respondent. Before DOYLE and NEWMAN, Judges, and SILVESTRI, […]

401 A.2d 15 Julia Zellat, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 6, 1979 May 9, 1979. Unemployment compensation — Voluntary termination — Burden of proof — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — […]

284 A.2d 849 Department of Transportation v. Pendal. Commonwealth Court of Pennsylvania.Argued November 10, 1971 December 22, 1971. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Misdemeanor — Abuse of discretion — Hearing. 1. Suspension of a motor vehicle operator’s license under […]

432 A.2d 1145 Barbara Postel, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 8, 1981 July 27, 1981. Unemployment compensation — Necessitous and compelling cause — Voluntary termination of employment — Health problems. 1. In an unemployment compensation case, where the employee asserts that health problems constitute […]

Kevin Scott STAIR, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 382 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs June 30, 2006. Decided September 18, 2006. Publication Ordered December 15, 2006. Appeal from The Common Pleas Court, Bedford County, No. 1088 for the year 2005, Howsare, President Judge. Page 1015 […]

661 A.2d 459 James A. WEST and James A. West, Jr., Appellants, v. HAMPTON TOWNSHIP SANITARY AUTHORITY and The Township of Hampton. James A. WEST and James A. West, Jr., v. HAMPTON TOWNSHIP SANITARY AUTHORITY and The Township of Hampton Township of Hampton, Appellant. Commonwealth Court of Pennsylvania.Argued: March 14, 1995. Decided: June 28, 1995. […]

739 A.2d 1148 ALBERT ZUPPO and ANNE ZUPPO, his wife v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellant Commonwealth Court of Pennsylvania.Argued: September 14, 1999 Filed: October 27, 1999 Appeal from the Court of Common Pleas, Susquehanna County No. 98-Civ-0012, Seamans, President Judge. Page 1149 J. Bart DeLone, Harrisburg, for appellant. Howard A. Rothenberg, Scranton, […]

274 A.2d 235 State Board of Funeral Directors v. William Sirlin. Commonwealth Court of Pennsylvania.Argued January 5, 1971 January 25, 1971. State Board of Funeral Directors — Appeals to the Commonwealth Court — Administrative Agency Law, 1945, June 4, P. L. 1388 — Words and phrases — Substantial evidence. 1. Where an appeal has been […]

574 A.2d 737 Clarence D. MEST, III, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1990. Decided May 14, 1990. Appeal from the Public Utility Commission, No. C-871613. Page 129 Richard A. Webster, with him, Richard J. Orloski, Orloski Hinga, Allentown, for petitioner. Terrance J. Buda, Asst. Counsel, with him, […]

683 A.2d 963 DAILY EXPRESS, INC., Petitioner, v. OFFICE OF the STATE TREASURER, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1996. Decided October 17, 1996. Appeal from the Office of the State Treasurer, Unclaimed Property Review Committee, No. 94-007A. Page 964 James L. Fritz, for Petitioner. Sonia M. Walwyn, Deputy General Counsel, for Respondent. Before […]

398 A.2d 755 Vladimiros Nikolaidis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1979 March 9, 1979. Unemployment compensation — Extended benefits — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Exhaustee — Interstate Notice of Determination — Disqualification. 1. An unemployed person […]

Erb v. Council Rock School District. No. 1717CD08.Commonwealth Court of Pennsylvania. March 26, 2009. Appeal from the Bucks County 0604004-31-2. Decisions Without Published Opinions Affirmed.

415 A.2d 727 Debra A. Brown, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 2, 1980 June 27, 1980. Public assistance. 1. Assistance does not begin until the date the County Board of Assistance approves the applicant’s eligibility. [380] Argued June 2, 1980, before Judges MENCER, ROGERS and […]

439 A.2d 902 Commonwealth of Pennsylvania, Petitioner v. State Schools and Hospitals Federation of Teachers, Local 1830, Pennsylvania Federation of Teachers, AFT, AFL-CIO, by John D’Eletto, Trustee Ad Litem, Respondents. Commonwealth Court of Pennsylvania.Argued September 18, 1981 January 21, 1982. Labor — Arbitration — Exceeding authority — Adding to collective bargaining agreement — Remand. 1. […]

556 A.2d 527 In Re: The Matter of Condemnation of Real Property of Naaman E. King by The Octorara Area School District. Octorara Area School District, Appellant. Commonwealth Court of Pennsylvania.Argued: March 9, 1989. March 29, 1989. Eminent domain — Scope of appellate review — Burden of proof — Schools — Enrollment projections — Excess […]

310 A.2d 705 Mary Ann Laswick, Appellant v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1973 October 26, 1973. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Words and phrases — Employe — Control — Independent contractor — […]

548 A.2d 380 Victor J. Hernandez, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. September 30, 1988. Parole — Detainer — Constructive parole — Parole Act, Act of August 6, 1941, P.L. 861 — Credit against a sentence. 1. A parolee incarcerated on a detainer of the […]

809 A.2d 1045 St. Paul Fire and Marine Insurance Company, Petitioner v. Edward Roche, Plenary Guardian of the Person and Estate of Diane Roche, an Incapacitated person, and in his own right and William J. Scharfenberger, Trustee Allegheny Health, Education and Research Foundation and Allegheny University Hospitals, East, Including its wholly owned operating division, Allegheny […]

757 A.2d 412 J.S., a Minor by and through his Parents and Natural Guardians, H.S. and I.S., Appellants v. BETHLEHEM AREA SCHOOL DISTRICT. No. 2259 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 10, 2000. Filed: July 14, 2000. Court of Common Pleas, Northampton County, No. 1998-CR-7696, Simpson, J. Page 413 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

874 A.2d 176 EGNOTOVICH v. GREENFIELD TOWNSHIP SEWER AUTHORITY.[1] No. 2084CD04.Commonwealth Court of Pennsylvania. April 13, 2005. [1] Reargument Denied: June 8, 2005. Appeal from the Lackawanna County 00-CV-4235, 00-CV-4315. Decision without published opinion. Affirmed.

448 A.2d 656 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Regina Gaylor, Appellee. Commonwealth Court of Pennsylvania. July 27, 1982. Eminent domain — Dislocation damages — Eminent Domain Code, Act of June 22, 1964, P.L. 84 — Owner of rental property — Place of business — Regulations — Findings of fact — Remand. 1. […]

383 A.2d 973 Rose Marie Janick, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 29, 1978. Unemployment compensation — Reporting requirements — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Notice of hearing. 1. A claimant, found to have failed to comply with reporting […]

948 A.2d 894 COUNTY OF MONROE, Appellant v. TEAMSTERS LOCAL 229. No. 794 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 7, 2008. Decided: May 14, 2008. Appeal from the Court of Common Pleas, Monroe County, No. 7021 Civil 2006, Thomson, Jr., Senior Judge. Page 895 Thomas L. Heimbach, Allentown, for appellant. Robert D. Mariani, […]

11 A.3d 30 George and Shirley Stambaugh, Petitioners v. Department of Environmental Protection, Respondent. No. 2036 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: September 14, 2010. Filed: December 10, 2010. Page 31 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] BEFORE: JUBELIRER, Judge; LEAVITT, Judge; […]

275 A.2d 896 Limekiln Golf Course, Inc. v. Zoning Board of Adjustment of Horsham Township. Commonwealth Court of Pennsylvania.Argued February 10, 1970 April 12, 1971. Zoning — Ordinance directed at particular use by particular landowner — Special legislation. 1. An amendment to a zoning ordinance designed to eliminate a particular use as a permissible special […]

457 A.2d 234 Penflex Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Kenneth Bryson et al., Intervenors. Penflex, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Kenneth Bryson et al., Intervenors. Commonwealth Court of Pennsylvania.Argued December 16, 1982 March 24, 1983. Unemployment compensation — Work stoppage — […]

544 A.2d 514 In Re: 1983 Audit Report of Patricia A. Beharry, Controller. In Re: 1984 Audit Report of Patricia A. Beharry, Controller. In Re: 1985 Washington County Annual Financial Report Surcharge. Patricia A. Beharry, Controller of Washington County, Pennsylvania, Appellant. In Re: 1985 Washington County Annual Financial Report Surcharge. Frank R. Mascara, Metro Petrosky, […]

665 A.2d 523 Timothy A. JUDSON, Petitioner, v. INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1995. Decided August 1, 1995. Publication Ordered September 27, 1995. Appeal from the Insurance Department Act of 1921, No. P90-10-14. Jeffrey D. Servin, Philadelphia, for petitioner. Scott M. Schwartz, Department Counsel, Hershey, for respondent. Before PELLEGRINI and KELLEY, […]

GENERAL REINSURANCE CORPORATION, Petitioner v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, American Reliable Insurance Corporation, Mississippi Insurance Guaranty Association, and Legion Insurance Company, in Liquidation, Respondents. No. 527 M.D. 2005.Commonwealth Court of Pennsylvania.Decided September 28, 2009. Amended May 6, 2010. Publication Ordered May 17, 2010. Page 27 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

285 A.2d 885 Washington Mall v. Board for the Assessment and Revision of Taxes, Washington County. Commonwealth Court of Pennsylvania.Argued September 9, 1971 December 31, 1971. Appeals — Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673, No. 223 — Timeliness of appeal — Fourth to Eighth Class County Assessment Law, Act 1943, […]

TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION v. CAMPBELL. Nos. 813CD05, 816CD05.Commonwealth Court of Pennsylvania. July 10, 2006. Appeal from Philadelphia County 2453 April Term 2003. Decision without published opinion. Affirmed.

398 A.2d 230 Carl E. Parks, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 7, 1978 February 22, 1979. Motor vehicles — Suspension or revocation of motor vehicle operator’s license — Separate offenses — Imposition of suspension or revocation penalties to run consecutively. 1. When a motor vehicle operator is convicted of […]

551 A.2d 676 Harold Galena, Petitioner v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs, Respondent. Commonwealth Court of Pennsylvania.Argued November 4, 1988. December 23, 1988. Physicians — Medical Practice Act of 1985, Act of December 20, 1985, P.L. 457 — Federal Controlled Substances Act, 21 U.S.C. § 841(a)(1) — Ex […]

516 A.2d 130 Brian Puricelli, Appellant v. Borough of Morrisville, Appellee. Commonwealth Court of Pennsylvania.Argued September 8, 1986 October 21, 1986. Argued September 8, 1986, before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three. Appeal, No. 47 T.D. 1985, from the Order of the Court of Common Pleas of […]

405 A.2d 559 Pete Vercheak, an individual, doing business as Pete’s Texaco Station v. Redevelopment Authority of the County of Washington. Pete Vercheak, Appellant. Commonwealth Court of Pennsylvania.Argued May 11, 1979 July 27, 1979. Eminent domain — De facto taking — Declaration of taking — Eminent Domain Code, Act 1964, June 22, P.L. 84 — […]

764 A.2d 708 TINA CHARLES, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1135 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: October 6, 2000. Filed: December 29, 2000. Page 709 Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. SENIOR JUDGE RODGERS Tina Charles (Claimant) petitions for review […]

394 A.2d 1297 Joseph A. Malatesta, Appellant v. Board of Supervisors, East Penn Township, Appellee. Commonwealth Court of Pennsylvania.Argued September 29, 1978 October 30, 1978. Argued September 29, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three. Appeals, Nos. 2083 and 2084 C.D. 1977, from the Order of the Court […]

725 A.2d 1248 CAROLE P. SLATER, Petitioner, v. PENNSYLVANIA DEPARTMENT OF EDUCATION and PROFESSIONAL STANDARDS AND PRACTICES COMMISSION, Respondents. Commonwealth Court of Pennsylvania.Argued December 9, 1998. Decided February 22, 1999. Page 1249 Appeal from the Professional Standards and Practices Commission. Ronald N. Watzman, Pittsburgh, for petitioner. Linda A. McKay and Gregory E. Dunlap, Harrisburg, for […]

ELLIOTT TURBOMACHINERY COMPANY and ITT Specialty Risk Services, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (SANDY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 3, 2006. Decided May 2, 2006. Appeal from the Workers’ Compensation Appeal Board. Page 641 Heather Troxel Feinstein, Pittsburgh, for petitioner. Daniel K. Bricmont, Pittsburgh, for respondent. BEFORE: COLINS, President Judge, and […]

486 A.2d 559 Maurice Gelb, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 16, 1985. Unemployment compensation — Self-employment — Business Corporation Law, Act of May 5, 1933, P.L. 364 — Shareholder — President. 1. The owner of fifty percent of a business corporation’s stock who, as […]

1 A.3d 950 SELECTIVE WAY INSURANCE COMPANY, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 429 F.R. 2008.Commonwealth Court of Pennsylvania.Argued May 17, 2010. Decided June 30, 2010. Page 951 Stephen D.D. Hamilton, Philadelphia, for petitioner. John J. Butchar, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and KELLEY, Senior […]

615 A.2d 900 Philip P. and Margaret B. KALODNER, Petitioners, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 19, 1992. Decided August 27, 1992. Appeal from the Board of Finance and Revenue, No. RPIT-6547. Page 249 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

332 A.2d 565 Pioneer Finance Company, William J. Scully, Charles W. Stetzer, Martin C. Stetzer, David G. Stetzer and Rita T. Stetzer, Appellants, v. Commonwealth of Pennsylvania, Pennsylvania Securities Commission, Appellee. Commonwealth Court of Pennsylvania.Argued January 7, 1975 February 10, 1975. Pennsylvania Securities Commission — Appellate Court Jurisdiction Act of 1970, July 31, P.L. 673 […]

399 A.2d 1165 The School District of Philadelphia, Petitioner v. Harris Twer et al., Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1979 April 10, 1979. Schools — Demotion — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Hearing — Reinstatement — Joint hearing — Reduction of expenses. 1. When professional employes […]

799 A.2d 882 SHAWNEE DEVELOPMENT, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. SHAWNEE DEVELOPMENT, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. Nos. 871 F.R. 1996, 925 F.R. 1998.Commonwealth Court of Pennsylvania.Argued: October 10, 2001. Filed: May 15, 2002. Page 883 Philip E. Cook, Jr., Pittsburgh, for petitoner. Christophen M. Kazmaier, Harrisburg, for respondent. James Leland […]

513 A.2d 528 James A. Mann, Inc. v. Upper Darby School District and Paul W. Getz, Individually and Paul W. Getz and Associates, Architect, P.C. Upper Darby School District, Appellant. Commonwealth Court of Pennsylvania.Argued June 12, 1986 July 29, 1986. Appeals — Final order — Affirmative defense — Amendment of pleading — Prejudice — Pennsylvania […]

661 A.2d 481 PENN TITLE INSURANCE COMPANY, Appellant, v. Dennis DESHLER, Recorder of Deeds of Monroe County. Commonwealth Court of Pennsylvania.Argued: May 11, 1995. Decided: June 29, 1995. Appeal from the Court of Common Pleas, Monroe County, No. 3358 Civil 1993, Vican, J. Page 482 John C. Prevoznik, for appellant. Gerald J. Geiger, for appellee. […]

541 A.2d 851 Cyclops Corporation, Cytemp Specialty Steel Division, Petitioner v. Workmen’s Compensation Appeal Board (Sray, Jr.), Respondents. Commonwealth Court of Pennsylvania. May 27, 1988. Workers’ compensation — Loss of hearing — Notice of injury. 1. Merely because an employe noticed some hearing loss the notice period for advising an employer of the injury is […]

487 A.2d 66 Edward Milton Lersch, Petitioner v. Workmen’s Compensation Appeal Board (City of Pittsburgh), Respondents. Commonwealth Court of Pennsylvania. January 29, 1985. Workmen’s compensation — Causal connection — Burden of proof — Medical testimony — Scope of appellate review — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Occupational […]

Cross-Up, Inc. v. The Zoning Hearing Board of Porter Township. No. 918CD10.Commonwealth Court of Pennsylvania. January 4, 2011. Appeal from the Clinton County 2010-218. Decisions Without Published Opinions Affirmed.

OSBORNE ASSOCIATES, INC., d/b/a Generations Salon Services, Petitioners v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW Respondent. No. 2084 C.D. 2009.Commonwealth Court of Pennsylvania.Argued May 17, 2010. Decided August 13, 2010. Page 723 Thomas A. Schneider, Horsham, for petitioner. Randall S. Brandes, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for respondent. Thomas A. Blackburn, […]

276 A.2d 327 Arden L. Moyer and Moyer Realty and Insurance Company, Inc. v. State Real Estate Commission. Cloyd E. Brenneman v. State Real Estate Commission. Commonwealth Court of Pennsylvania.Argued March 9, 1971 April 13, 1971. State Real Estate Commission — Complaints against brokers — Conduct not dishonest or contrary to law — Real Estate […]

479 A.2d 626 The Delaware River Port Authority, Petitioner v. Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 6, 1983 June 25, 1984. Mandamus — Interstate compact — Preliminary objections — Demurrer — Act of June 12, 1931, P.L. 575 — Delaware River Port Authority — […]

703 A.2d 565 ROBERT E. QUINN, Petitioner, v. PENNSYLVANIA STATE CIVIL SERVICE COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 5, 1997. Decided November 25, 1997. Appeal from the Civil Service Commission, No. 7112 C.D. Page 566 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

466 A.2d 1102 Mark L. Cipriani, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. The West Company, Intervenor. Commonwealth Court of Pennsylvania. October 24, 1983. Unemployment compensation — Willful misconduct — Habitual tardiness — Burden of proof. 1. For unemployment compensation purposes willful misconduct is the wanton and willful disregard of the […]

483 A.2d 1075 Troy C. Hayes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 16, 1984. Unemployment compensation — Cause of unemployment — Subsequent suspension and discharge — Falsification of claim by spouse. 1. When an employe laid off for reasons which qualify him for unemployment compensation […]

625 A.2d 1292 Ralph D. HAAF, John J. Angelino and Diane M. Angelino, Robert C. Rupp, George D. Haaf, II, and Tamilee Haaf, and David Musselman v. The ZONING HEARING BOARD OF the TOWNSHIP OF WEISENBERG. Appeal of ADAMS OUTDOOR ADVERTISING, LTD., Appellant. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided May 21, 1993. Appeal […]

674 A.2d 334 PITTSBURGH STADIUM CONCESSIONS, INC. v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs December 1, 1995. Decided March 19, 1996. Reargument Denied May 6, 1996. Appeal from the Liquor Control Board. Page 335 Rodrigo J. Diaz, Assistant Counsel, for Appellant. Roslyn M. Litman, Martha S. Helmreich […]

692 A.2d 1191 DECISIONS WITHOUT PUBLISHED OPINIONS Commonwealth Court of Pennsylvania. April 1997. DOCKET TRIAL COURTCAPTION NUMBER DATE DOCKET NUMBER DISPOSITION__________________ ________ ________ _____________ ____________ Morris v. Zoning Hearing Board of Limerick Twp ….. 942CD96 4/3/97 Montgomery County Affirmed 95-00550 Wright v. Comm., Dept. of Trans., Bureau of Driver Lic …. 2818CD96 4/8/97 Perry County […]

492 A.2d 70 Albert C. Wilson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Bureau of Corrections et al., Respondents. Commonwealth Court of Pennsylvania. April 12, 1985. Criminal law — Aggregation of sentences — Constructive parole. 1. Under provisions of the Act of June 25, 1937, P.L. 2093, sentences imposed upon a defendant to run consecutively are […]

349 A.2d 502 Olga O’Donnell, Widow of Paul O’Donnell, Deceased v. City of Scranton, Department of Fire, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1975 December 19, 1975. Workmen’s compensation — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — The Pennsylvania Occupational Disease Act, Act 1939, June 21, […]

421 A.2d 525 Greg Treon, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 29, 1980. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P.L. (1987) 2897 — Remand — Necessitous and compelling cause for termination of employment — Burden of proof — […]

401 A.2d 5 In Re: Appeal of Brethren Village, a Pennsylvania Nonprofit Corporation, From the Decision of the Lancaster County Board of Assessment Appeals on the 1977 Assessment of Real Estate for Tax Purposes. Lancaster County Board of Assessment Appeals, Appellant. Commonwealth Court of Pennsylvania.Argued December 7, 1978 May 4, 1979. Taxation — Property of […]

593 A.2d 10 Douglas J. THESING, Appellant, v. ZONING HEARING BOARD OF YORK TOWNSHIP and York Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued April 5, 1991. Decided June 6, 1991. Appeal from the Court of Common Pleas, York County, Joseph E. Erb, President Judge, No. 86-SU-04633-08. Page 372 Gerald E. Ruth, York, for […]

588 A.2d 1011 Catherine RICE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ROCKWELL INTERNATIONAL CORP./SPRING DIVISION), Respondent. Commonwealth Court of Pennsylvania.Argued October 3, 1990. Decided March 26, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-88662 (R.P. 4598). Page 556 William G. Cohen, New Castle, for petitioner. Joseph A. Fricker, Jr., Fricker Associates, Pittsburgh, for […]

635 A.2d 749 Robert A. CHRISTOPHER, Appellant, v. COUNCIL OF PLYMOUTH TOWNSHIP and Plymouth Township, Appellees. (Two Cases) Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided December 27, 1993. Appeal from the Common Pleas Court, Montgomery County, No. 86-16930, Brown, J. Page 671 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

562 A.2d 958 EAST WEST EQUIPMENT COMPANY, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (MONARCH CIRCUIT INDUSTRIES and Barats), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs: March 3, 1989. Decided: August 1, 1989. Appeal from the Workers’ Compensation Appeal Board. Page 19 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

302 A.2d 919 Haddington Leadership Organization, Inc., et al. v. Sherman. Commonwealth Court of Pennsylvania.Argued February 6, 1973 April 5, 1973. Appeals — Interlocutory order — Jurisdiction — Act of 1925, March 5, P. L. 23 — Authorities — Urban Redevelopment Law, Act 1945, May 24, P. L. 991 — Abuse of discretion — Statutory […]

GERMANTOWN CAB CO., Petitioner v. PHILADELPHIA PARKING AUTHORITY, Respondent. Nos. 1094 C.D. 2010, 1395 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs December 10, 2010. Decided August 3, 2011. Page 281 Michael S. Henry and Drew Salaman, Philadelphia, for petitioner. Carl R. Shultz, Philadelphia, for respondent. BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge. […]

542 A.2d 1068 Gemini Equipment Co., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued April 18, 1988. June 20, 1988. Taxation — Sales tax — Sale at retail — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Burden of proof — Leased equipment — Consideration. 1. A refund […]

663 A.2d 270 READING NURSING CENTER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. READING NURSING CENTER, Petitioner, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued: April 4, 1995. Decided: July 31, 1995. Appeal from Unemployment Compensation Board of Review, Nos. B-327355, B-327356, B-327357. Page 271 Vincent Candiello, for petitioners. Norina K.S. Stone, […]

464 A.2d 645 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission et al., Respondents. Township of North Huntingdon, Intervenor. Commonwealth Court of Pennsylvania.Argued September 15, 1982 August 24, 1983. Pennsylvania Public Utility Commission — Apportionment of bridge costs — Public Utility Code, 66 Pa. C. S. § 2704 — Signs and […]

335 A.2d 846 Commonwealth of Pennsylvania, State Civil Service Commission, Appellee, v. Albert E. D’Amico, Appellant. Commonwealth Court of Pennsylvania.Argued March 7, 1975 April 11, 1975. Civil service — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Sufficient evidence — Credibility — Evidentiary weight — […]

428 A.2d 770 Elvin Vernon and Elvin Vernon, Inc., Appellants v. Borough of Darby et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 5, 1981 April 24, 1981. Ordinances — Movie-booth business activity — Physical obstruction — Legal process. 1. Where a movie-booth business activity violates an amusement permit ordinance and a moving picture license ordinance, […]

686 A.2d 905 WESTINGHOUSE ELECTRIC CORPORATION d/b/a KDKA Radio and Pittsburgh Cellular Telephone Company, d/b/a Cellular One, v. COUNCIL OF TOWNSHIP OF HAMPTON, Appellant. Commonwealth Court of Pennsylvania.Argued November 21, 1996. Decided December 19, 1996. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 924-95, McLean, J. Page 906 John R. Luke, Pittsburgh, […]

415 A.2d 921 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Gary Allen Michalec, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1980 June 6, 1980. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Burden of proof — Medical evidence — Findings of fact — […]

284 A.2d 152 Department of Public Welfare v. Whitebread. Commonwealth Court of Pennsylvania.Argued September 9, 1971 December 1, 1971. The Support Law, Act 1937, June 24, P. L. 2045 — The Penal Code, Act 1939, June 24, P. L. 872 — Reimbursement of Commonwealth for welfare payments — Due process. 1. Payment of child support […]

563 A.2d 581 PITTSBURGH BOARD OF PUBLIC EDUCATION, Petitioner v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1989. Decided: August 7, 1989. Appeal from the Human Relations Commission. Page 325 Robert J. Stefanko, Pittsburgh, for petitioner. Vincent A. Ciccone, Asst. Chief Counsel, Elisabeth S. Shuster, Chief Counsel, Harrisburg, […]

422 A.2d 212 Edward R. Fisher and Edward R. Fisher, t/d/b/a Fisher’s Garage, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 23, 1980. Motor vehicles — Faulty inspection — Official inspection license — Suspension. 1. In deciding whether a mechanic’s official inspection […]

Peart v. Comm. of PA. No. 2400CD09.Commonwealth Court of Pennsylvania. November 9, 2010. Appeal from the Philadelphia County Feb. Term, 2009, No. 03467. Decisions Without Published Opinions Affirmed.

452 A.2d 86 The Bell Telephone Company of Pennsylvania, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Business Users’ Group and Westinghouse Electric Corporation et al., Intervenors. Commonwealth Court of Pennsylvania.Argued September 13, 1982 November 5, 1982. Utilities — Rate increase — Public Utility Code, 66 Pa. C. S. §§ 1302, 1303 and 1308(d) — Retroactivity […]

471 A.2d 149 Roosevelt White, Jr., Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. February 6, 1984. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Dismissal of appeal — Due process. 1. Review by the Commonwealth Court in a motor vehicle operator’s license suspension case is […]

429 A.2d 1207 Manfred R. Hauptmann, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1981 May 27, 1981. Civil service — Performance rating — Pennsylvania Department of Transportation — Appeal — Notice — Administrative agency — Estoppel. 1. The 20-day time limit within which an employee of the […]