Category: Pennsylvania Commonwealth Court Opinions

634 A.2d 826 COMMONWEALTH Of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Gerald J. CROWLEY. Commonwealth Court of Pennsylvania.Argued October 8, 1993. Decided December 1, 1993. Appeal from the Common Pleas Court of Berks County, No. 2932-92 AD, Sprecher, J. Page 325 Timothy P. Wile, Asst. Counsel In-Charge, Appellate Section, for appellant. […]

613 A.2d 626 TEXTRON, INC. and Aetna Life and Casualty, Insurance Carrier, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (DECAPRIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 12, 1992. Decided August 4, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1315. Page 517 Michael J. Wagner, for petitioner. No appearance for respondent. Before DOYLE […]

541 A.2d 1185 Martha H. Kern, Petitioner v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 21, 1988. May 31, 1988. State Employees’ Retirement Board — Disability annuity — State Employees’ Retirement Code, 71 Pa. C. S. § 5104 and § 5905 — Regulations — Part-time employment. 1. Provisions of […]

305 A.2d 908 Lehigh Valley Cooperative Farmers v. Commonwealth. Commonwealth Court of Pennsylvania.Argued September 6, 1972 November 14, 1972. Taxation — Statutory construction — Implied repeal — Statutory Construction Act, Act 1937, May 28, P. L. 1019 — Conflicting statutes — Legislative intent — Co-operative Agricultural Association Corporate Net Income Tax Act, Act 1945, May […]

695 A.2d 892 CALVIN SIEGFRIED, SR., Appellant v. BOROUGH OF WILSON. Commonwealth Court of Pennsylvania.Argued April 8, 1997. Decided May 16, 1997. Appeal from the the Common Pleas Court, Northampton County, No. 194-C9270. Page 893 Robert Glazer, Easton, for appellant. Dennis A. DeEsch, Eastom, for appellee. Before McGINLEY and LEADBETTER, JJ., and NARICK, Senior Judge. […]

557 A.2d 65 Shirley Batson, Appellant v. Montgomery County, Appellee. Commonwealth Court of Pennsylvania.Argued March 7, 1989. April 19, 1989. Public employment — Hearing — Mandamus. 1. An at-will public employee has no enforceable expectation in continued employment and no right to a hearing prior to discharge unless the employer’s right to discharge is limited […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. SMITH. No. 66CD05.Commonwealth Court of Pennsylvania. October 11, 2005. Appeal from Lancaster County, CI-04-05668. Decision without published opinion. Reversed

432 A.2d 321 In Rem Proceedings. In Re: Premises Commonly Known as Lot No. 26, Section 36, of the Official Survey of the City of New Castle, County of Lawrence, Commonwealth of Pennsylvania, Alex J. Grinn and Mary A. Grinn, his wife, their heirs and assigns, Appellants v. Redevelopment Authority of the City of New […]

284 A.2d 838 Department of Transportation v. Kaufman. Commonwealth Court of Pennsylvania. December 16, 1971. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act of 1959, April 29, P. L. 58 — Assessment of points — Time of suspension — Scope of appellate review. 1. The provision of The Vehicle […]

395 A.2d 678 In Re: Appeal of Sugarloaf Sanitary Landfill, Inc. from decision of Sugarloaf Township Supervisors regarding Curative Amendment to Section 562 of Sugarloaf Zoning Ordinance. Gordon Armitage and Jeanette Armitage, his wife et al., Appellants. Commonwealth Court of Pennsylvania.Argued September 27, 1978 December 26, 1978. Zoning — Scope of appellate review — Abuse […]

436 A.2d 710 The Honorable W. Richard Eshelman, individually and on behalf of the Judges of the Court of Common Pleas of Berks County, 23rd Judicial District, Petitioner v. Commissioners of the County of Berks, et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 2, 1981 November 6, 1981. Courts — Judicial assistant — Public Employe […]

569 A.2d 428 EVANSBURG WATER COMPANY, Appellant, v. PERKIOMEN TOWNSHIP, and Perkiomen Township Municipal Authority, and Greenview Estates, Inc., and Cranberry Corporation, Appellees. Commonwealth Court of Pennsylvania.Submitted December 12, 1989. Decided February 2, 1990. Petition for Allowance of Appeal Denied August 15, 1990. Appeal from the Court of Common Pleas, Montgomery County, No. 88-15822, Lawrence […]

653 A.2d 50 EXIDE CORPORATION, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (KAMENAS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: April 29, 1994. Decided: August 23, 1994. Publication Ordered: January 25, 1995. Employer appealed order of Workmen’s Compensation Appeal Board, No. A93-1092, that affirmed referee’s calculation of workers’ compensation claimant’s average weekly wage (AWW). The Commonwealth […]

Hightower v. Warrington Township. No. 671CD06.Commonwealth Court of Pennsylvania. December 7, 2006. Appeal from the Bucks County 04-06357-27-2. Decisions Without Published Opinions Reversed and Remanded.

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 […]

702 A.2d 881 METROPOLITAN AMBULANCE, INC., Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (WALKER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 17, 1997. Decided November 19, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A95-4578. Page 882 Kenneth F. Demarco, Philadelphia, for petitioner. Neil S. Kerzner, Philadelphia, for respondent. Before PELLEGRINI and KELLEY, JJ., […]

811 A.2d 78 Chambersburg Area School District v. Chambersburg Area Education Association, Appellant. No. 398 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: September 12, 2002. Filed: November 21, 2002. Appeal from the Court of Common Pleas, Franklin County, No. 2001-1023, Walker, J. Page 79 Thomas M. Scott, Harrisburg, for appellant. Jan G. Sulcove, Chambersburg and Kevin J. […]

791 A.2d 1281 Mark Hrivnak, Petitioner v. Workers’ Compensation Appeal Board (RL Development), Respondent. No. 1888 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: December 21, 2001. Filed: February 22, 2002. Page 1282 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION JUDGE FRIEDMAN Mark Hrivnak (Claimant) petitions for review of […]

435 A.2d 314 Edwin S. Braden, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. October 9, 1981. Motor vehicles — Revocation of motor vehicle operator’s license — Failure to stop and render assistance — The Vehicle Code, Act of April 29, 1959, P.L. 58 — Discretion of court — Mitigating […]

729 A.2d 124 JEFFREY L. ZABLOW v. THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH, PENNSYLVANIA, Appellant. No. 229 C.D. 1998, No. 230 C.D. 1998, No. 231 C.D. 1998, No. 232 C.D. 1998.Commonwealth Court of Pennsylvania.Argued February 11, 1999. Filed April 7, 1999. Reconsideration Denied June 3, 1999. Appeal from the Court of […]

537 A.2d 93 David Morris, Petitioner v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs, State Board of Pharmacy, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1987. February 9, 1988. State Board of Pharmacy — Suspension of license to practice pharmacy — Denial of hearing — Appealable order — Pharmacy Act, […]

783 A.2d 362 Michael Meehan, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 551 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: July 20, 2001. Filed: August 28, 2001. Page 363 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION JUDGE FRIEDMAN Michael Meehan (Meehan) petitions for review of […]

842 A.2d 989 Robert G. Shaffer and Darlene R. Shaffer, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation and University of Pittsburgh Medical Center/Presbyterian. No. 121 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: October 7, 2003. Filed: January 28, 2004. Page 990 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

434 A.2d 901 Louis D. Knowlden, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued August 24, 1981 September 22, 1981. Unemployment compensation — Wilful misconduct — Truck accidents. 1. An employe involved in two separate truck accidents caused by his negligence and resulting in substantial damage to property […]

387 A.2d 998 William L. Martin, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 5, 1978 June 26, 1978. Unemployment compensation — Scope of appellate review — Conflicting evidence — Credibility — Findings of fact — Substantial evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. […]

650 A.2d 1166 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF HAZLETON, Petitioner, v. OFFICE OF the STATE TREASURER, UNCLAIMED PROPERTY REVIEW COMMITTEE, Respondent. Commonwealth Court of Pennsylvania.Argued September 19, 1994 Decided November 21, 1994. Appeal from the Unclaimed Property Review Committee, No. 93002A. Page 414 Thomas L. Kennedy, for petitioner. Sonia M. Walwyn, Deputy Gen. […]

595 A.2d 781 Scott A. TOBIAS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (NATURE’S WAY NURSERY, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued April 4, 1991. Decided July 25, 1991. Petition for Disallowance of Appeal Denied November 25, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-2318. Page 439 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

401 A.2d 587 R. S. Millwork, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued November 2, 1978 May 15, 1979. Eminent domain — Motion for new trial — Withholding and concealment of evidence — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Credibility — Conflicting evidence — […]

458 A.2d 1066 Jeremiah Walthour, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. April 28, 1983 Motor vehicles — Suspension of motor vehicle operator’s license — Intoxication — Breath test — Competence to refuse test — Civil proceeding — Guilty plea. 1. The failure to submit to a properly requested […]

Fran VUTNOSKI, Individually and as President of Capricorn Softball League and Christopher Phillips, Appellants v. REDEVELOPMENT AUTHORITY OF the CITY OF SCRANTON. No. 1766CD05.Commonwealth Court of Pennsylvania.Argued: June 8, 2006. Decided: September 22, 2006. Ordered Published: January 25, 2008. Appeal from the Court of Common Pleas, Lackawanna County, No. 2003-01488, Walsh, J. Michael P. Gordon, […]

475 A.2d 964 Stan Godorov, Appellant v. The Board of Commissioners of Springfield Township, Montgomery County, Appellee. Commonwealth Court of Pennsylvania.Argued December 7, 1983 May 22, 1984. Argued December 7, 1983, before Judges ROGERS, WILLIAMS, JR. and BARBIERI, sitting as a panel of three. Appeal, No. 396 C.D. 1981, from the Order of the Court […]

CITY OF ERIE, Appellant v. FRATERNAL ORDER OF POLICE, LODGE 7. No. 1452 C.D. 2008.Commonwealth Court of Pennsylvania.Argued May 4, 2009. Decided June 5, 2009. Appeal from the Court of Common Pleas, Erie County, No. 14477-2007, Garhart, J. Page 4 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

563 A.2d 973 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. Mario MARTINELLI and Mary Martinelli, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. Thomas B. McCABE and Elizabeth McCabe, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. Gasper MAGLIENTE and Dorah Magliente, Appellees. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. Katherine […]

306 A.2d 416 Ginter Coal Company, et al. v. Environmental Hearing Board and Department of Environmental Resources, Intervenor. Commonwealth Court of Pennsylvania.Argued May 7, 1973 June 18, 1973. Environmental law — Surface mining — Surface Mining Conservation and Reclamation Act, Act 1945, May 31, P. L. 1198 — Permit — Security — Plans — Words […]

695 A.2d 484 Alan FOX, Appellant, v. PACONA SPRINGS CIVIC ASSOCIATION, INC. Commonwealth Court of Pennsylvania.Submitted on Briefs April 10, 1997. Decided June 10, 1997. Appeal from the Common Pleas Court of the County of Wayne No. 1 Civil 1996 Randolph T. Borden, Hawley, for appellant. Howard C. Terreri, Scranton, for appellee. Before COLINS, President […]

454 A.2d 699 North Penn Water Authority v. Zoning Hearing Board of Worcester Township et al. Worcester Township, Appellant. Commonwealth Court of Pennsylvania.Argued December 13, 1982 February 4, 1983. Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three. Appeal, No. 1131 C.D. 1981, from […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Smith v. Comm. of PA . . . 1008CD98, 10/18/2001 Allegheny County Affirmed 1102CD98, CL-5040-97; 1103CD98 CL-5041-97 CL-5043-97 Oates v. D’Attillio . . . . 692CD01 10/18/2001 Philadelphia Affirmed County 2401 Civil 1999 Comm. of PA v. Fourteen Thousand […]

Jack BUTLER, James Lyons and Mary Jo Takacs v. INDIAN LAKE BOROUGH. Appeal of: James Lyons and Mary Jo Takacs. Jack Butler, James Lyons and Mary Jo Takacs Indian Lake Borough, Appellant. Nos. 2186 C.D. 2009, 2304 C.D. 2009.Commonwealth Court of Pennsylvania.Argued November 9, 2010. Decided January 20, 2011. Reargument Denied March 23, 2011. Page […]

305 A.2d 896 Schubach, et al. v. Silver, et al. Commonwealth Court of Pennsylvania.Argued February 7, 1973 June 8, 1973. Zoning — Equity — Special and peculiar injury — Adequate remedy at law — Res judicata — Law of the case — Collateral estoppel. 1. A property owner may seek the aid of equity to […]

363 A.2d 817 United Brokers Mortgage Company, Plaintiff v. Fidelity Philadelphia Trust Company, as Agent, Individually and as Agent for The Public School Employes Retirement Board and the State Employes Retirement Board and Public School Employees Retirement Board of the Commonwealth of Pennsylvania and Public State Employes Retirement Board of the Commonwealth of Pennsylvania, Defendants. […]

668 A.2d 185 YORK COUNTY CHILDREN AND YOUTH SERVICES, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 14, 1995. Decided October 18, 1995. Publication Ordered December 4, 1995. Appeal from the Commonwealth Court, No. 3025 C.D. 1994, Kelton, Senior Judge. Page 186 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Patrick Place, Ltd. v. County of Allegheny. No. 1113CD06.Commonwealth Court of Pennsylvania. December 21, 2006. Appeal from the Allegheny County GD 06-1460. Decisions Without Published Opinions Affirmed.

847 A.2d 185 Henrietta Beattie, Gertrude Ellis, Karen Rummel, Sandra Walls, Kenneth Pierce and Mon Valley Unemployed Committee, on their own behalf and on behalf of all others similarly situated, Appellants v. Allegheny County, Pennsylvania, James Roddey, its Chief Executive and Manatron, Inc. No. 1008 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 4, 2004. Filed: April […]

412 A.2d 655 The City of Pittsburgh, a Municipal Corporation v. Board of Property Assessment, Appeals and Review of the County of Allegheny. County of Allegheny, Appellant. Commonwealth Court of Pennsylvania.Argued December 4, 1979 February 25, 1980. Taxation — Public property — Constitution of Pennsylvania, Article VII, Section 2 — The General County Assessment Law, […]

469 A.2d 1157 Vincent and Helen Soltis et al., Appellants v. A. R. Tasir et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 5, 1983 January 13, 1984. Zoning — Special exception — Scope of appellate review — Abuse of discretion — Error of law — Abandonment of nonconforming use — Enlargement of nonconforming use. 1. […]

468 A.2d 878 Theodore E. Clites, Appellant v. Township of Upper Yoder et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 5, 1983 December 8, 1983. Police officer — Termination — Scope of appellate review — Destruction of governmental records — Commingling of investigative and adjudicatory functions — Due process — Actual bias. 1. Where there […]

518 A.2d 337 Carroll Township Authority, Appellant v. Municipal Authority of the City of Monongahela, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1986 December 4, 1986. Res judicata — Legal fees — Municipal authority — Rates — Counsel fees. 1. The doctrine of res judicata requires identity of the thing sued upon or for, identity […]

560 A.2d 865 ASSOCIATED PLUMBING HEATING and CNA Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (HARTZOG, Jr.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs April 21, 1989. Decided June 16, 1989. Appeal from the Workmen’s Compensation Appeal Board. Page 619 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

410 A.2d 418 Aleykutty Chacko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. St. Luke’s and Children’s Hospital, Intervenor. Commonwealth Court of Pennsylvania.Argued November 14, 1979 January 31, 1980. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Failure to meet state licensing standards […]

689 A.2d 986 PHILIP MORRIS/KRAFT FOODS, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LEVAN), Respondent. Commonwealth Court of Pennsylvania.Submitted December 6, 1996. Decided January 29, 1997. Appeal from the Workmen’s Compensation Appeal Board, A95-0209. Page 987 Stephen A. Sheinen, Philadelphia, for petitioner. John D. Levan, Reading, for respondent. Before COLINS, President Judge, PELLEGRINI, J., and […]

397 A.2d 468 Philip Kear, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued January 30, 1978 February 8, 1979. Unemployment compensation — Limitation of actions — Predating application for benefits — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Mere error — Fraud — Regulations. […]

379 A.2d 1065 Thomas Romanovich, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1977 November 21, 1977. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Error of law — Findings of fact […]

Commonwealth Court of Pennsylvania. Realty Corp., Inc., Appeal of …….. 1584CD97 1/7/98 Lehigh County Affirmed 93-C-986A Associates Wholesalers. Inc. v. Edwardsville Borough Planning Commission ……. 1517CD97 1/8/98 Luzerne County Affirmed 737-C-97 Quattro v. Township of Harrison …… 527CD97 1/8/98 Allegheny County Reversed [4] 5161-94 Noone v. City of Scranton ……… 1086CD97 1/8/98 Lackawanna County Affirmed […]

MUNICIPALITY OF BETHEL PARK, Petitioner v. PENNSYLVANIA PREVAILING WAGE APPEALS BOARD, Respondent. No. 298 C.D. 2009.Commonwealth Court of Pennsylvania.Argued October 14, 2009. Decided November 18, 2009. Page 599 Robert L. McTiernan, Pittsburgh, for petitioner. Jennifer L. Berrier, Asst. Counsel, Harrisburg, for respondent. BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, […]

854 A.2d 674 Pennsylvania State Park Officers Association, Petitioner v. Pennsylvania Labor Relations Board, Respondent. Capitol Police Lodge 85, Fraternal Order of Police, Petitioner v. Pennsylvania Labor Relations Board, Respondent. Nos. 2671 C.D. 2003, 2672 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: March 29, 2004. Filed: July 22, 2004. Page 675 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

537 A.2d 969 Robert F. Carroll, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 22, 1988. Unemployment compensation — Scope of appellate review — Polygraph examination — Necessitous and compelling cause — Voluntary termination of employment. 1. The scope of review of the Commonwealth Court of Pennsylvania […]

987 A.2d 181 Michael A. KOSCO and Sally R. Kosco, Petitioners v. COMMONWEALTH of Pennsylvania, Respondent. No. 766 F.R. 2007.Commonwealth Court of Pennsylvania.Argued: October 13, 2009. Decided: December 16, 2009. Page 182 Lynn R. Emerson, Bridgeville, for petitioners. Jo Ann P. Collins, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: SIMPSON, Judge, and FRIEDMAN, Senior […]

618 A.2d 1074 COMMONWEALTH of Pennsylvania v. $2,523.48 U.S. CURRENCY; Real Property and Improvements and Contents of 365 North 12th Street, City of Lebanon, Lebanon County, Pennsylvania, and Liquor License R12337. Appeal of Thomas G. KARLI, Appellant. Commonwealth Court of Pennsylvania.Argued September 17, 1992. Decided November 30, 1992. Appeal from the Court of Common Pleas, […]

Black v. Cass Township. NO. 70CD11.Commonwealth Court of Pennsylvania. July 14, 2011. Appeal from the Huntingdon County 2010-01492. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

Stephen Bailey, Petitioner v. Workers’ Compensation Appeal Board (US Airways), Respondent. No. 307 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: October 6, 2004. Argued: October 6, 2004. Filed: January 6, 2005. Appeal from the Workers’ Compensation Appeal Board. Page 320 Jenifer Dana Miller, Philadelphia, for petitioner. Jennifer Casey Maier, Philadelphia, for respondent. Page 321 BEFORE: COLINS, President […]

751 A.2d 272 JAMES PATRICK HACKETT, Petitioner v. MARTIN F. HORN, SECRETARY, DEPARTMENT OF CORRECTIONS, DONALD VAUGHN, W.D. CONRAD, A.J. GEIST, R. COX AND THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD, Respondents. No. 505 M.D. 1999.Commonwealth Court of Pennsylvania.Submitted: March 17, 2000. Filed: May 5, 2000. Page 273 No appearance entered for petitioner. Raymond W. Dorian, […]

364 A.2d 959 Estate of John C. Kunkel, Deceased v. County of Dauphin. Estate of John C. Kunkel, Deceased, Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1976 October 18, 1976. Argued September 14, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three. Appeal, No. 196 C.D. 1976, from the […]

415 A.2d 722 Judith A. Sabella, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 7, 1980 June 20, 1980. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof. 1. An unemployment compensation claimant who becomes unemployed because of a […]

Sara PARAVATI and Joseph Paravati, her husband v. PORT AUTHORITY OF ALLEGHENY COUNTY, Appellant. No. 234 C.D. 2006.Commonwealth Court of Pennsylvania.Argued October 17, 2006. Decided December 29, 2006. Appeal from the Court of Common Pleas, Allegheny County, No. 29-10-06, O’Brien, J. Page 947 Gregory A. Evashavik, Pittsburgh, for appellant. Fred C. Jug, Jr., Pittsburgh, for […]

580 A.2d 460 Thelma CHANDLER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 20, 1990. Decided September 19, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-280068. Page 220 Paul A. Lockrey, Philadelphia, for petitioner. James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy […]

MALT BEVERAGES DISTRIBUTORS ASSOCIATION, Petitioner v. PENNSYLVANIA LIQUOR CONTROL BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued December 13, 2006. Decided February 23, 2007. Appeal from the Commonwealth Court, No. 2078 CD. 2004. Page 172 Robert B. Hoffman, Harrisburg, for petitioner. Rodrigo J. Diaz, Deputy Chief Counsel, Harrisburg, for respondent. BEFORE: COLINS, President Judge, and SMITH-RIBNER, Judge, […]

454 A.2d 199 Mosside Associates, Ltd. v. Zoning Hearing Board of the Municipality of Monroeville et al. Milan Kluko et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1982 December 28, 1982. Zoning — Planning commission — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Appeal — Zoning officer — Conditional […]

645 A.2d 470 In re SWARTHMORE COLLEGE From the decision of the Board of Assessment Appeals of the County of Delaware in connection with Premises at 508 Field House Lane, Borough of Swarthmore, Pennsylvania, Relating to 1991 Real Estate Assessment and all subsequent assessments during the pendency of appeal. Appeal of WALLINGFORD SWARTHMORE SCHOOL DISTRICT, […]

Board of Supervisors of the Township of Spring v. Zoning Hearing Board of the Township of Spring. No. 2564CD05.Commonwealth Court of Pennsylvania. December 13, 2006. Appeal from the Berks County No. 05-5393. Decisions Without Published Opinions Reversed.

430 A.2d 1236 Harvey Paul Hanlen and Barbara Hanlen, His Wife, and Larry Warner and Micki Warner, His Wife, Appellants v. State College Zoning Hearing Board and Borough of State College. Commonwealth Court of Pennsylvania.Argued April 10, 1981 June 26, 1981. Zoning — Vested rights — Family — Reduction in occupancy — Amendment of ordinance […]

432 A.2d 1143 Lancaster Yellow Cab Baggage, Inc. and Model Management Service, Inc., Petitioners v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 July 27, 1981. Utilities — Public Utility Code, 66 Pa. C. S. § 1103(a) — Certificate of public convenience — Scope of appellate review. 1. Under Section 1103(a) […]

456 A.2d 1114 John R. Miller, Petitioner v. Workmen’s Compensation Appeal Board (Burnham Corporation), Respondents. Commonwealth Court of Pennsylvania. February 22, 1983. Workmen’s compensation — Scope of appellate review — Error of law — Capricious disregard of competent evidence — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Wage computation […]

477 A.2d 599 Teltron, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania. June 28, 1984. Utilities — Electric service — Scope of appellate review — Public Utility Code, 66 Pa. C. S. § 332(a) — Burden of proof. 1. The Commonwealth Court of Pennsylvania may not disturb an order of the […]

417 A.2d 836 G. Kenneth Nichols, Appellant v. City of Corry, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1980 July 25, 1980. Legislative intent — Evidence — Explanation by legislators. 1. Legislators are not subject to inquiry to vindicate or explain their intent in enacting legislation, and testimony of city council members offered to explain […]

The Honorable Stephen R. REED, Mayor of the City of Harrisburg, Harrisburg Authority and Fred Clark v. The HARRISBURG CITY COUNCIL, Susan Brown Wilson, Patty Kim, Daniel C. Miller, Gloria Martin-Roberts, Linda Thompson, Erica Bryce, James E. Ellison and Eric Papenfuse, Appellants. Nos. 406 C.D. 2007, 783 C.D. 2007.Commonwealth Court of Pennsylvania.Argued June 13, 2007. […]

442 A.2d 387 Nationwide Mutual Insurance Company, et al., Petitioners v. Michael L. Browne, Insurance Commissioner and the Insurance Department of the Commonwealth of Pennsylvania, Respondents. State Farm Mutual Automobile Insurance Company et al., Petitioners v. Michael L. Browne, Insurance Commissioner and the Insurance Department of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued […]

602 A.2d 431 Quince E. EVANS, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee. Commonwealth Court of Pennsylvania.Submitted November 1, 1991. Decided January 13, 1992. Appeal from the Court of Common Pleas, Philadelphia County, No. 2831 May Term 1989, Samuel M. Lehrer, J. Kenneth C. Jones, for appellant. Timothy P. […]

661 A.2d 928 Sharon KARCHNER, Appellant, v. John B. FLAIM, Individually, and as Administrator of the Estate of Elizabeth A. Flaim, Commonwealth of Pennsylvania, Department of Transportation. Commonwealth Court of Pennsylvania.Argued: May 8, 1995. Decided: July 18, 1995. Appeal from the Court of Common Pleas of Carbon County, No. 86-1610, Webb, J. Page 929 Lewis […]

452 A.2d 1117 Bob E. Rankin, Marilyn Nichols and All Others Similarly Situated, Appellants v. Mt. Lebanon School District, Mt. Lebanon Board of Directors and Mellon Bank, N.A., Appellees. Commonwealth Court of Pennsylvania.Argued October 6, 1982 December 2, 1982. Schools — Treasurer — Public School Code of 1949, Act of March 10, 1949, P.L. 30 […]

407 A.2d 478 Florence H. Ellman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1979 November 2, 1979. Unemployment compensation — Substitute teacher — Summer unemployment — Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. § 3304 — Unemployment Compensation Law, Act. 1936, December […]

460 A.2d 404 Rodney L. Judd et al. v. Zoning Hearing Board of Middletown Township et al. Township of Middletown, Appellant. Commonwealth Court of Pennsylvania.Argued December 15, 1982 May 31, 1983. Zoning — Scope of appellate review — Signs — Burden of proof. 1. In a zoning case when the trial court does not take […]

BUCKS COUNTY CHILDREN AND YOUTH SOCIAL SERVICES AGENCY, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 2193 C.D. 2008.Commonwealth Court of Pennsylvania. Submitted on Briefs May 1, 2009. Decided July 23, 2009. Page 1255 Brad M. Jackman, Doylestown, for petitioner. Howard Ulan, Deputy Chief Counsel and Allen C. Warshaw, Chief Counsel, Harrisburg, for respondent. BEFORE: […]

369 A.2d 1341 City of Philadelphia v. Gordon MacDonald, Appellant. City of Philadelphia v. Lawrence Rock, Appellant. Commonwealth Court of Pennsylvania.Argued October 8, 1976 March 2, 1977. Taxation — Pleading — Failure to deny allegations of fact — Request to file amended answer — Pa. R.C.P. No. 1029 — Questions not raised below. 1. Allegations […]

300 A.2d 909 Sharp’s Convalescent Home v. Department of Public Welfare. Commonwealth Court of Pennsylvania.Argued December 4, 1972 March 1, 1973. Nursing home — Public welfare — Appeals — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact — Sufficient evidence — Administrative Agency Law, Act 1945, June […]

683 A.2d 711 COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES v. Anthony J. GENTILE and Pyrolytic Corporation of America. Appeal of Anthony J. GENTILE, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs September 13, 1996. Decided October 7, 1996. Appeal from the Court of Common Pleas, Wyoming County, No. 7-231, Vaston, President Judge. Michael R. Mey, […]

427 A.2d 328 Earl H. Roberts, Jr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Carpenter Technology, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued October 8, 1980 March 30, 1981. Workmen’s compensation — Final receipt — Burden of proof — Clear and convincing evidence — Credibility — Conflicting medical testimony — Equivocal testimony. 1. […]

395 A.2d 695 Commonwealth of Pennsylvania and Carmen Sottile, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Kawecki Berylco Ind., Inc., Respondents. Commonwealth Court of Pennsylvania.Argued December 4, 1978 December 29, 1978. Workmen’s compensation — Penalty for nonpayment of award — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

435 A.2d 943 Assessment Appeal of Penn Plastic Company, Inc., regarding the assessment by the Board of Assessment Appeals of Washington County of property located in Washington County, Pennsylvania. Penn Plastic Company, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued May 6, 1981 October 9, 1981. Taxation — Property assessment — Uniformity — Expert witnesses — Credibility […]

Borough v. Godfrey. No. 1229CD10.Commonwealth Court of Pennsylvania. April 13, 2011. Appeal from the York County 2009-SU-004882-08. Decisions Without Published Opinions Reversed. Page 1004

John DOE, representing all persons subject to Pa Megan’s Law II; also Joseph Gensemer, Melvin Schwartz, Darren Taylor, on behalf of themselves and all similarly situated PA inmates and those released subject to Megan’s Law provisions, Petitioners v. Jeffrey B. MILLER, Commissioner Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 16, 2005. […]