Category: Pennsylvania Commonwealth Court Opinions

511 A.2d 247 Richard W. Burgit, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1986 June 4, 1986. Unemployment compensation — Burden of proof — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Equal protection — Estoppel. 1. An unemployment compensation claimant […]

407 A.2d 918 Therese Dott, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 November 8, 1979. Unemployment compensation — Refusal of suitable employment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Registered nurse — Wages — Hours — Refusal to investigate […]

525 A.2d 475 Max L. Williamson and Phyllis C. Williamson, Petitioners v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1986. May 8, 1987. Taxation — Tax Reform Code of 1971, 72 Pa. C. S. § 7301(d) — Business expenses. 1. For purposes of Section 7301(d) of the Tax Reform Code of 1971, […]

334 A.2d 317 Workmen’s Compensation Appeal Board and City of Pittsburgh, Appellees, v. Victor Popatek, Appellant. Commonwealth Court of Pennsylvania.Argued February 7, 1975 March 25, 1975. Workmen’s compensation — Limitation of action — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Misconduct of employer — Confusion of employe. 1. An employer […]

647 A.2d 279 In re Appeal of LESTER M. PRANGE, INC., t/d/b/a Prange’s 222 Service Center from the Decision of the Zoning Hearing Board of Strasburg Township, Lancaster County, Pennsylvania. Appeal of LESTER M. PRANGE, INC., Appellant. Commonwealth Court of Pennsylvania.Argued April 15, 1994. Decided August 17, 1994. Appeal from the Court of Common Pleas, […]

618 A.2d 1175 Thomas DIEHL, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (TASCO INSULATION, INC., Nitro Industrial Covering, Inc., Babich Plumbing, Johns-Manville, Inc., Gailey, Inc., Town and Country Refrigeration, Simakas Brothers Company, Pittsburgh School District, Allegheny Insulation Company, Inc., State Workmen’s Insurance Fund, Pacific Employes, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued October 19, 1992. Decided December […]

823 A.2d 223 Diana Giovagnoli, Petitioner v. Civil Service Commission (Monroe County Children and Youth Services), Respondent. No. 1110 C.D. 2002, 1677 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: December 2, 2002. Filed: May 1, 2003. Page 224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

680 A.2d 35 William HARRIS, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 24, 1996. Decided July 10, 1996. Appeal from the Board of Probation and Parole, Parole No. 0410-T. Robert S. McMinn, for Petitioner. Arthur R. Thomas, Assistant Chief Counsel, for Respondent. Before McGINLEY and SMITH, […]

499 A.2d 1124 Vaughn A. Hoey, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Employment Security, Respondent. Commonwealth Court of Pennsylvania. October 29, 1985. Unemployment compensation — Scope of appellate review — Administrative Agency Law, 2 Pa. C. S. § 703(a) — Notice — Exemption — Independent contractor — Burden of […]

382 A.2d 1035 R. H. Johnson Construction Company and Bituminous Casualty Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Gaetano DePiano and Vigilant Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued February 27, 1978 May 10, 1978. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law […]

Coventry Park, LLC v. Robinson Township Board of Commissioners. Nos. 673CD07, 674CD07.Commonwealth Court of Pennsylvania. July 3, 2008. Appeal from the Allegheny County SA 06-001028 SA 06-000958. Decisions Without Published Opinions Affirmed.

874 A.2d 687 LUZERNE COUNTY BOARD OF COMMISSIONERS v. Stephen FLOOD Controller of Luzerne County, Appellant. No. 2833 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 5, 2005. Filed: May 13, 2005. Appeal from the Court of Common Pleas, Luzerne County, No. 7972-C of 2003, Conahan, J. Page 688 Harry W. Skene, Pittston, for appellant. Mark J. […]

336 A.2d 896 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Mrs. Walter Haurin, Appellees, v. United Sheet Metal Company and Liberty Mutual Insurance Company, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued March 7, 1975 April 28, 1975. Workmen’s compensation — Overexertion — Unusual strain — Burden of proof — Individual work history […]

537 A.2d 386 John L. Harris, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 8, 1987. February 17, 1988. Pennsylvania Liquor Control Board — Transfer of liquor license — Condemnation — Liquor Code, Act of April 12, 1951, P.L. 90 — Threat to condemn. 1. Provisions of the […]

504 A.2d 985 Francis M. Gallo, Petitioner v. Workmen’s Compensation Appeal Board (United Parcel Service), Respondents. Commonwealth Court of Pennsylvania. February 14, 1986. Workmen’s compensation — Termination — Burden of proof — Causal connection — Scope of appellate review — Harmless error. 1. In a proceeding involving a petition to terminate workmen’s compensation benefits, the […]

286 A.2d 483 Mill-Bridge Realty, Inc. v. Zoning Board of Adjustment and Amish-Dutch Inns, Inc., Additional Party. Commonwealth Court of Pennsylvania.Argued December 6, 1971 January 17, 1972. Zoning — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___, No. 247 — Scope of appellate review — Abuse of discretion or error of law […]

H.A. Steen Industries, Inc. v. Zoning Hearing Board of Willistown Township. No. 2285CD06.Commonwealth Court of Pennsylvania. July 25, 2007. Appeal from the Chester County 05-10107. Decisions without Published Opinions Affirmed.

529 A.2d 62 Robert I. Kerr, Petitioner v. Workmen’s Compensation Appeal Board (Campbell Company and Commonwealth of Pennsylvania), Respondents. Commonwealth Court of Pennsylvania. July 27, 1987. Workers’ compensation — Penalties — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — The Pennsylvania Workmen’s […]

457 A.2d 166 Arthur J. Bloom, Appellant v. Lower Paxton Township, Appellee. Commonwealth Court of Pennsylvania.Argued January 31, 1983 March 11, 1983. Subdivision — Local Agency Law, 2 Pa. C. S. §§ 555 ond 754(a) — Findings of fact — State permits — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — […]

597 A.2d 281 DEPARTMENT OF ENVIRONMENTAL RESOURCES and Commonwealth of Pennsylvania, Petitioners, v. Richard WINN and David Ehrlich, Respondents. Commonwealth Court of Pennsylvania.Argued June 14, 1991. Decided September 11, 1991. Appeal from the Board of Claims, No. FC-844-90. Page 376 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

609 A.2d 909 PENNSYLVANIA PROTECTION ADVOCACY, INC., Parent Involved Network of Pennsylvania, Association for Retarded Citizens of Pennsylvania, United Cerebral Palsy of Pennsylvania, Mental Health Association in Pennsylvania, Petitioners v. DEPARTMENT OF EDUCATION, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1992. Decided May 20, 1992. Page 154 Christina Aborlleile, for petitioners. Daniel J. Myers, Asst. […]

574 A.2d 732 In re Nomination Petition of Yetta GANZMAN as Democratic Candidate for the Office of the Ward Executive Committee for the 52nd Ward, 8th Division. Appeal of James WILSON, Appellant. Commonwealth Court of Pennsylvania.Argued April 11, 1990. Decided April 25, 1990. Appeal from the Court of Common Pleas, Philadelphia County, No. 2363 March […]

Najib ABOUD, Nasra Aboud, and Baba D’s, Inc. v. The CITY OF PITTSBURGH DEPARTMENT OF PLANNING, City of Pittsburgh and James M. Quinn and JMQ-1. Appeal of: The City of Pittsburgh Department of Planning and the City of Pittsburgh. No. 11 C.D. 2010.Commonwealth Court of Pennsylvania.Argued November 9, 2010. Decided March 18, 2011. Appeal from […]

541 A.2d 846 Joyceann Marie Woods, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania. May 23, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of chemical test — Burden of proof — Arrest. 1. To sustain the suspension of a motor vehicle […]

645 A.2d 904 Andrew BUTCHOCK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (U.S. STEEL CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 13, 1994. Decided July 11, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-0619. Page 589 Anthony J. Kovach, for petitioner. D. Scott Newman, for respondent. Before SMITH and FRIEDMAN, JJ., and […]

654 A.2d 290 B.E. Re G.M. Jr., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 8, 1994. Decided: February 2, 1995. Appealed from the Department of Public Welfare (DPW), CL No. 40-05622. Affirmed. Susan M. Hill, for petitioner. Anthony J. Lubis, for respondent. Before COLINS, President Judge, NEWMAN, J., […]

360 A.2d 306 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and W. R. Wallis, Inc. v. Myron Denny, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1976 July 2, 1976. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Procedural amendments — Legislative intent […]

442 A.2d 367 The Quaker Oats Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Cereal Workers Local Union No. 221, AFL-CIO, Intervenor. Commonwealth Court of Pennsylvania.Argued February 1, 1982 February 26, 1982. Unemployment compensation — Layoffs — Available work — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 […]

503 A.2d 1048 Leonard Robinson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 29, 1986. Pennsylvania Board of Probation and Parole — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Violation of constitutional rights — Timeliness of hearing […]

314 A.2d 40 American St. Gobain Corporation and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Elizabeth Kordalski, Widow of Frank E. Kordalski, Deceased, Appellees. Commonwealth Court of Pennsylvania.Argued May 10, 1973 January 7, 1974. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error […]

451 A.2d 786 Kenneth E. Smith, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 21, 1982. Unemployment compensation — Wilful misconduct — Improper reporting of time — Inadequate findings. 1. An unemployment compensation case must be remanded for more adequate findings when the reviewing court cannot determine […]

657 A.2d 71 Paula STEPHENS, Petitioner, v. PENNSYLVANIA STATE BOARD OF NURSING, Respondent. Commonwealth Court of Pennsylvania.Argued September 20, 1994. Decided March 28, 1995. Appeal from the State Board of Nursing, No. 0339-51-91. Winifred H. Jones-Wenger, for petitioner. Beth Sender Michlovitz, for respondent. Before McGINLEY, KELLEY, JJ., and RODGERS, Senior Judge. Page 72 KELLEY, Judge. […]

SOLEBURY TOWNSHIP, Appellant v. SOLEBURY TOWNSHIP ZONING HEARING BOARD, Christopher Marschall and Meghan Marschall. No. 1431 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs December 8, 2006. Decided January 11, 2007. Appeal from the Common Pleas Court, Bucks County, No. 05-09108-19-5, Devlin Scott, J. Page 973 Paul A. Logan, King of Prussia, for appellant. William E. […]

339 A.2d 612 James J. Phelan, Jr. and Edith N. Phelan, his wife, Appellees, v. Zoning Hearing Board of Lower Merion Township. Lower Merion, Appellant. Commonwealth Court of Pennsylvania.Argued April 1, 1975 May 14, 1975. Zoning — Challenge to validity of zoning ordinance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — […]

450 A.2d 315 Robert Brown, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. September 22, 1982. Motor vehicles — Suspension of certificate of appointment as official inspection station and official inspection mechanic — Affixing stickers on day of inspection. 1. Certificates of appointment as official motor vehicle inspection station and official inspection mechanic […]

882 A.2d 32 SEIPSTOWN VILLAGE, LLC and Lloyd Roberts, Appellants v. ZONING HEARING BOARD OF WEISENBERG TOWNSHIP, Lehigh County, Pennsylvania and Weisenberg Township, Harry A. Lande, Brian Landers, Scott Searcy, Brad Alden, Darta Alden, Randall Huff, Judy Huff, Sherwood Zettlemoyer, Iris Butz, John Kleinschuster, Dr. Alan Muto and Constance Walker. No. 2626 C.D. 2004.Commonwealth Court […]

ETHAN-MICHAEL, INC., Appellant v. BOARD OF SUPERVISORS OF UNION TOWNSHIP, Berks County, Pennsylvania. Commonwealth Court of Pennsylvania.Argued November 13, 2006. Decided March 8, 2007. Appeal from the Court of Common Pleas, Berks County, No. 06-1685, Lieberman, J. Page 204 Daniel P. Becker, Wyomissing, for appellant. Page 205 Josele Cleary, Lancaster, for appellee. BEFORE: SMITH-RIBNER, Judge, […]

321 A.2d 660 Westmoreland County Board of Assessment Appeals and Gene McCutcheon as Chairman of the Westmoreland County Board of Assessment Appeals, Charles E. Gadd as a member of the Westmoreland County Board of Assessment Appeals, William E. Knepshield as a member of the Westmoreland County Board of Assessment Appeals, Appellants, v. John Montgomery, Anne […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS December 1999. DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Brinton Road Transit Associates, In re; Borough of Braddock Hills, In re … 1043CD99 12/16/1999 Allegheny County Reversed SA 98-734 Borough of Export Westmoreland County v. Sprint Spectrum L.P …………………… 548CD99 12/20/1999 Westmoreland County Affirmed 1089 […]

405 A.2d 1017 Jeanine Milsop, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 10, 1979 September 6, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — […]

437 A.2d 512 GRC Coal Company, Petitioner v. Commonwealth of Pennsylvania for the Use of the Pennsylvania Game Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1981 November 30, 1981. Deeds — Reservation — Burden of proof — Strip mining — Administrative Agency Law, 2 Pa. C. S. § 505 — Evidence — Due Process […]

749 A.2d 997 DELAWARE COUNTY HOUSING AUTHORITY, Appellant v. BARBARA BISHOP. No. 1007 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: January 14, 2000. Filed: February 28, 2000. Reargument Denied May 8, 2000. Appeal from the Court of Common Pleas, Delaware County, No. 96-50894, McGovern Jr., J. Page 998 Julie A. Auerbach, Media, for appellant. No appearance entered […]

CENTRAL DAUPHIN SCHOOL DISTRICT, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 14, 2005. Decided February 15, 2006. Dennis J. Shatto, Harrisburg, for petitioner. Judith M. Gilroy, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for respondent. BEFORE: COLINS, President Judge, SIMPSON, Judge, and LEAVITT, Judge. […]

519 A.2d 1093 D. E. Street, Inc. and Dennis Street, Appellants v. Zoning Hearing Board of the Borough of West York and Carol Feeser, Appellees. Commonwealth Court of Pennsylvania.Argued September 11, 1986 January 9, 1987. Zoning — Scope of appellate review — Findings of fact — Error of law — Abuse of discretion — Standing […]

307 A.2d 478 York, et al. v. Montrose Area School District, et al. Commonwealth Court of Pennsylvania.Argued March 7, 1973 June 20, 1973. Equity — Schools — School boards — Injunction — Burden of proof — Abuse of discretion — Arbitrariness and capriciousness — Scope of appellate review — Reasonable grounds for order — New […]

645 A.2d 944 CHARTIERS INDUSTRIAL AND COMMERCIAL DEVELOPMENT AUTHORITY, Mosites Park West Associates/Giltspur-Pittsburgh v. The ALLEGHENY COUNTY BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW. Appeal of WEST ALLEGHENY SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued June 6, 1994. Decided July 12, 1994. Petition for Allowance of Appeal Denied December 15, 1994. Appeal from the Court […]

434 A.2d 847 Henry Shemanski, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Kaiser Mirawal, Respondents. Commonwealth Court of Pennsylvania.Argued June 1, 1981 September 8, 1981. Workmen’s compensation — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Referee. 1. In a claim for disability benefits […]

669 A.2d 1098 Dr. Vernon R. WYLAND, Petitioner, v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued October 17, 1995. Decided January 8, 1996. Appeal from Public School Employees’ Retirement Board (PSERB), No. 480-24-6298. Page 1099 Dee Lafferty Pugh, for petitioner. Louis J. Sheehan, Assistant Counsel, for respondent. Page 1100 Before PELLEGRINI and […]

837 A.2d 618 Joseph P. Miller, Jr., Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1303 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 24, 2003. Filed: December 4, 2003. Page 619 David Crowley, Bellefonte, for petitioner. Chad I. Allensworth, Harrisburg, for respondent. BEFORE: FRIEDMAN, Judge; COHN, Judge; McCLOSKEY, Senior Judge. OPINION BY Judge COHN […]

692 A.2d 1132 KELSO WOODS ASSOCIATION, INC. v. WILLIAM K. SWANSON, JR., Appellant Commonwealth Court of Pennsylvania.Argued March 11, 1997. Decided April 18, 1997. Appeal from the Common Pleas Court of Erie County, No. 10017-1993, Joyce, J. Colins, President Judge, dissented. Evan E. Adair, Erie, for appellant. Mario P. Restifo, Erie, for appellee. Before COLINS, […]

498 A.2d 996 State College Manor Ltd., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1985 September 25, 1985. Department of Public Welfare — Medical assistance reimbursement — Timeliness of invoice — Regulations — Equity — Substantial performance. 1. Duly authorized and promulgated administrative regulations have the […]

309 A.2d 72 Virginia A. Ferko, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1973 August 28, 1973. Unemployment compensation — Scope of appellate review — Findings of fact — Sufficient evidence — Legal conclusions — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) […]

408 A.2d 897 Lewis H. Reynolds, Petitioner v. Gary Reihart and Hartford Insurance Group, Respondent. Commonwealth Court of Pennsylvania.Argued October 1, 1979 December 11, 1979. Workmen’s compensation — Jockey — Independent contractor. 1. A free lance jockey, who is injured while riding in a race, is an independent contractor and is not entitled to workmen’s […]

500 A.2d 183 William Rock, Petitioner v. Workmen’s Compensation Appeal Board (Youngstown Cartage Company), Respondents. Commonwealth Court of Pennsylvania. October 30, 1985. Workmen’s compensation — Burden of proof. 1. In order for a workmen’s compensation claimant to be eligible for benefits for a work-related injury which occurred outside of Pennsylvania, he must show that his […]

569 A.2d 990 CITY OF SCRANTON, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (RICHARDS) Respondents. Commonwealth Court of Pennsylvania.Argued November 14, 1989. Decided January 26, 1990. Appeal from the Workmen’s Compensation Appeal Board A-94242. Page 120 Gregory D. Geiss, for petitioner. George W. Teets, for respondent, Ruth E. Richards. Before CRUMLISH, Jr., President Judge, COLINS, J., […]

Stephen T. LUPINETTI, Petitioner v. DEPARTMENT OF STATE, Respondent. NO. 2293 C.D. 2006.Commonwealth Court of Pennsylvania.Argued May 8, 2007. Decided June 7, 2007. Page 1211 William E. Otto, Monroeville and Brian W. Ashbaugh, Pittsburgh, for petitioner. Martha H. Brown, Asst. Counsel, Harrisburg, for respondent. Peter J. King, Pittsburgh, for intervener, Michele J. Alexander. BEFORE: LEADBETTER, […]

368 A.2d 834 United Transportation Union, Local 1594 v. Southeastern Pennsylvania Transportation Authority, Red Arrow Division. United Transportation Union, Local 1594, Appellant. Commonwealth Court of Pennsylvania.Argued December 9, 1976 January 26, 1977. Labor — Arbitration — Scope of appellate review — Manifest disregard of labor agreement — Pa. R.J.A. No. 2101 — Notice of charges […]

707 A.2d 643 IN RE: OPENING OF BALLOT BOXES, MONTOUR COUNTY, PENNSYLVANIA ROBERT B. GEIGER, Appellant. Commonwealth Court of Pennsylvania.Argued February 9, 1998. Decided February 26, 1998 Appeal from the Court of Common Pleas, Montour County, No. 102-116 of 1997 M.D., Keller, President Judge. John T. Robinson, Selinsgrove, for appellant. J. Michael Wiley, Williamsport, for […]

829 A.2d 410 In Re Application for Liquor License of Anthony W. Thomas, Appeal of Anthony W. Thomas. No. 127 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 4, 2003. Filed: July 25, 2003. Page 411 Arnold Y. Steinberg, Pittsburgh, for appellant. David A. Neely, Pittsburgh, for appellee. BEFORE: SMITH-RIBNER, Judge; LEAVITT, Judge; MIRARCHI, Jr., Senior Judge. […]

979 A.2d 449 Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Defilippo. No. 2109CD08.Commonwealth Court of Pennsylvania. August 6, 2009. Appeal from the Westmoreland County 4386 of 2007. Decisions Without Published Opinions Affirmed.

578 A.2d 1360 COMMONWEALTH of Pennsylvania, PENNSYLVANIA STATE POLICE, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 12, 1990. Decided August 13, 1990. Reargument Denied September 19, 1990. Appeal from the Unemployment Compensation Board of Review Order, No. B-275485. Page 72 Patricia A. Conklin, Asst. […]

829 A.2d 1214 Rising Sun Entertainment, Inc., t/a Purple Orchid II, Appellant v. Commonwealth of Pennsylvania, Bureau of Liquor Control Enforcement. No. 3073 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 2, 2003. Filed: July 17, 2003. Page 1215 Tristram P. Heinz, Philadelphia, for appellant. Edward B. McHugh, Philadelphia, for appellee. BEFORE: COLINS, President Judge; LEADBETTER, Judge; […]

770 A.2d 376 WILLIAM D. McQUILKEN, personal representative of MARLENE McQUILKEN, deceased, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PRUDENTIAL), Respondent. No. 2993 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: March 31, 2000. Filed: March 30, 2001. Page 377 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION JUDGE FLAHERTY Marlene […]

339 A.2d 190 Alice R. Rinck, Appellant, v. Zoning Board of Adjustment, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1975 May 21, 1975. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact — Substantial evidence — Variance — Burden of proof — Unnecessary hardship — Public […]

304 A.2d 173 Commonwealth v. Collander. Commonwealth Court of Pennsylvania.Argued September 13, 1972 May 1, 1973. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Discretion of Secretary of Transportation — Suspension period — Correct facts. 1. In a case not involving a […]

339 A.2d 653 Joseph Eppolito, Appellant, v. Bristol Borough Appellee. Bristol Borough, Appellant, v. Joseph Eppolito, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1975 May 16, 1975. Civil service — Dismissal of police officer — Scope of appellate review — Findings of fact — Sufficient evidence — Abuse of discretion — Error of law — […]

551 A.2d 376 O.S.C. Company, Appellant v. Lackawanna River Basin Sewer Authority, Appellee. Commonwealth Court of Pennsylvania. December 9, 1988. Eminent domain — Easement — Summary judgment — Scope of review — Affidavit — Genuine issue of material fact — Preliminary objections to condemnation — Pennsylvania Eminent Domain Code, Act of June 22, 1964, Special […]

969 A.2d 37 Robert David STAHR, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 1751 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: January 30, 2009. Decided:: March 31, 2009. Appeal from the Court of Common Pleas, Luzerne County, No. 5784 of 2008, Lupas, J. Page 38 Thomas M. Marsilio, Wilkes-Barre, […]

624 A.2d 734 CITY OF MONESSEN SCHOOL DISTRICT, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HAYS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 12, 1993. Decided April 14, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-2471. Page 57 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

426 A.2d 732 Patricia Lehman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1981 March 10, 1981. Unemployment compensation — Credibility — Course of conduct — Discounts — Willful misconduct — Negligence. 1. In unemployment compensation cases, the Unemployment Compensation Board of Review is the final […]

433 A.2d 561 City of Pittsburgh and Mayor Richard S. Caliguiri, Petitioners v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent. R. Bruce Fike Sons Dairy, Inc. et al., Intervenors. Commonwealth Court of Pennsylvania.Argued May 5, 1981 July 8, 1981. Milk Marketing Law, Act of July 31, 1968, P.L. 963 — Statements — Accountant. 1. In […]

850 A.2d 26 Curtis John Kovalesky v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1049 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 3, 2003. Filed: March 10, 2004. Order Filed: May 18, 2004. ORDER PER CURIAM. NOW, May 18, 2004, it is ordered that the above-captioned Memorandum Opinion, filed March 10, […]

402 A.2d 1111 Neshaminy Construction Co. and Bituminous Casualty Co., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and John H. Martin, Respondents. Commonwealth Court of Pennsylvania.Argued April 5, 1979 June 15, 1979. Workmen’s compensation — Loss of use of eye — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

636 A.2d 224 COMMONWEALTH Of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Sandra D. GELORMINO, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs December 24, 1992. Decided June 15, 1993. Publication Ordered January 6, 1994. Appeal from the Common Pleas Court, Montgomery County, No. 87-17598, Maurino J. Rossanese, J. Page 13 Marc A. […]

701 A.2d 292 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Petitioner v. STATE BOARD OF PHYSICAL THERAPY, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1997. Decided October 8, 1997. Appeal from the State Board of Physical therapy, No. 0085-65-95. Bernadette Paul, Harrisburg, for petitioner. James J. Kutz, Harrisburg, for interveners, Thomas Boch, et […]

509 A.2d 1388 City of Philadelphia, Appellant v. Catherine Love, Appellee. Commonwealth Court of Pennsylvania.Argued December 11, 1985 June 12, 1986. Municipalities — Governmental immunity — Motor vehicles — Political Subdivision Tort Claims Act, Act of November 26, 1978, P.L. 1399 — Pennsylvania No-Fault Motor Vehicle Insurance Act, Act of July 19, 1974, P.L. 489. […]

452 A.2d 914 Duane K. Harring, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 30, 1982. Unemployment compensation — Hearsay — Inference from absence of testimony. 1. An adverse inference can properly be drawn from the failure of a party to testify and is directed to the […]

333 A.2d 508 Airco-Speer Electronics and Liberty Mutual Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Ruth F. Perry, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1974 March 6, 1975. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

760 A.2d 443 MUHLENBERG COLLEGE, Appellant v. ZONING HEARING BOARD OF THE CITY OF ALLENTOWN and CITY OF ALLENTOWN. No. 2795 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: October 6, 1999. Filed: August 11, 2000. Maxwell E. Davison, Allentown, for appellant. Francis P. Burianenk, Allentown, for appellee. Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner […]

403 A.2d 181 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. George Pedick, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1979 July 5, 1979. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — The Vehicle Code, Act 1959, April 29, P.L. 58 — Justification for […]

507 A.2d 1309 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Kenneth Gerhart, Appellee. Commonwealth Court of Pennsylvania. April 25, 1986. Motor vehicles — Licensing — Suspension — Scope of appellate review — Habitual offender. 1. In a motor vehicle license suspension proceeding involving an habitual offender, the trial court’s inquiry […]

343 A.2d 714 In Re: Laymen’s Weekend Retreat League of Philadelphia Pursuant to the County Assessment Law from a Decision by the Chester County Board of Assessment and Revision of Taxes. Laymen’s Weekend Retreat League of Philadelphia, Appellant. Commonwealth Court of Pennsylvania.Argued April 3, 1975 September 5, 1975. Taxation — Exemption — The General County […]

402 A.2d 571 Rufus Belton, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1979 June 20, 1979. Unemployment compensation — Hearsay — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Refusal of reasonable order — Good cause for refusal. 1. […]

342 A.2d 824 Commonwealth of Pennsylvania, Acting By and Through the Pennsylvania Game Commission, Appellant, v. Homer Renick, et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1975 August 6, 1975. Eminent domain — The Game Law, Act 1937, June 3, P.L. 1225 — Fee simple absolute — Nature of estate condemned — Words and […]

385 A.2d 634 Linda Ann Tokar, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1978 May 8, 1978. Unemployment compensation — Voluntary termination — Leave of absence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Availability for work — Domestic responsibilities — […]

395 A.2d 708 Mary E. Holomshek, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 2, 1978 January 3, 1979. Unemployment compensation — Wilful misconduct — Violation of rules — Reasonableness of rule — Good cause — Burden of proof — Remand — Findings of fact. 1. The […]

331 A.2d 247 Keystone Commercial Properties, Inc., Appellant, v. City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued November 8, 1974 January 16, 1975. Equity — Condemnation — Scope of appellate review — Clear error — Abuse of discretion — Sufficient evidence — Act of 1915, May 13, P.L. 297 — Notice — Appeal period — […]

272 A.2d 531 Department of State, Commission of Professional and Occupational Affairs, State Real Estate Commission, v. James E. Bewley. Commonwealth Court of Pennsylvania.Argued November 18, 1970 January 11, 1971. State Real Estate Commission — Appeals to the Commonwealth Court of Pennsylvania — Administrative Agency Law — Duty of Reviewing Court — Findings of Fact […]

459 A.2d 891 Ronald Alan Romeis, Petitioner v. Commonwealth of Pennsylvania, State Board of Examiners of Nursing Home Administrators, Respondents. Commonwealth Court of Pennsylvania. May 10, 1983. State Board of Examiners of Nursing Home Administrators — Service in a nursing home facility — Interpretation of regulations — Administrator’s license. 1. Amendments to regulations governing eligibility […]

466 A.2d 1149 In Re: Condemnation by the Redevelopment Authority of the County of Dauphin etc. Jack E. Hamman and Mary Hamman and Clifford Bailey, Jr., Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1983 October 28, 1983. Argued September 14, 1983, before Judges ROGERS, MacPHAIL and BARRY, sitting as a panel of three. Appeal, No. […]

MORSE v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 664CD05.Commonwealth Court of Pennsylvania. October 27, 2005. Appeal from Allegheny County, SA 04-278. Decision without published opinion. Affirmed.

499 A.2d 713 Maitland Brothers Co., Inc., Petitioner v. Workmen’s Compensation Appeal Board (Moser), Respondents. Commonwealth Court of Pennsylvania.Argued September 9, 1985 October 24, 1985. Workmen’s compensation — Subrogation — Termination of benefits — Causation — Separate injury. 1. A petition to terminate workmen’s compensation benefits is properly denied when disability continues and it is […]

861 A.2d 424 David Griffiths, Petitioner v. Workers’ Compensation Appeal Board (Seven Stars Farm, Inc.), Respondent. Seven Stars Farm, Inc., Petitioner v. Workers’ Compensation Appeal Board (Griffiths), Respondent. Nos. 1757 C.D 2003, 1833 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September 8, 2004. Filed: November 10, 2004. Appeal from the Workers’ Compensation Appeal Board, No. A02-1348. Page […]

381 A.2d 1321 In Re: Appeal of Naomi I. Martin From an Order of the Board of Supervisors of West Hempfield Township. Board of Supervisors of West Hempfield Township, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1977 January 16, 1978. Zoning — Appeal — Challenge to validity of ordinance — Request for curative amendment — […]

503 A.2d 368 South Coventry Township and James Ottinger, Appellants v. Philadelphia Electric Company, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1985 January 22, 1986. Zoning — Scope of appellate review — Utilities — Siren towers — Facility — Disaster operations plan — Injunction. 1. In a zoning case, the scope of review of the […]

616 A.2d 1051 Anthony HARRELL, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CIRCLE HVAC), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 13, 1991. Decided April 15, 1992. Publication Ordered November 12, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. 89-2621. Page 9 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

388 A.2d 788 Pauline A. Loomer, w/o Walter E. Loomer, Jr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Hample Equipment Company, Respondents. Commonwealth Court of Pennsylvania.Argued June 9, 1978 July 20, 1978. Workmen’s compensation — Death — Outside salesman — Injury outside the Commonwealth — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

559 A.2d 988 John LIPCHIK a/k/a Jack Lipchik, Appellant, v. ERIE COUNTY, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs February 9, 1989. Decided May 31, 1989. Appeal from the Court of Common Pleas, Erie County, Shad Connelly, J. Page 348 Jane M. Earll, Erie, for appellant. Mark W. Richmond, Sol., Erie County Dept. of Health, […]

314 A.2d 596 Norman C. Marr, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued December 7, 1973 January 18, 1974. Unemployment compensation — Self-employment — Employment by others — Reduction of benefits — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Remuneration — Words […]