Category: Pennsylvania Commonwealth Court Opinions

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 […]

816 A.2d 1204 Jared McIntyre, a minor, by and through his next friend, Jessie Howard, and Jessie Howard in her own right, Appellants v. Philadelphia Housing Authority. Jared McIntyre, a minor, by and through his next friend, Jessie Howard, and Jessie Howard in her own right v. Philadelphia Housing Authority, Appellant. No. 719 C.D. 2001 […]

542 A.2d 653 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Joseph W. Leggens and Joyce E. Leggens, Appellees. Commonwealth Court of Pennsylvania. June 13, 1988. Pennsylvania Liquor Control Board — Revocation of liquor license — Sale of controlled substance — Scope of appellate review — Error of law — Abuse of discretion — […]

544 A.2d 1098 Mary Broadus, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 27, 1988. Unemployment compensation — Scope of appellate review — Voluntary termination of employment — Necessitous and compelling cause — Burden of proof — Group care home — Substantial unilateral change in employment. 1. […]

295 A.2d 850 Hartman, et al. v. Commonwealth. Commonwealth Court of Pennsylvania.Argued September 8, 1972 October 20, 1972. Motor vehicles — Jurisdiction of the Commonwealth Court of Pennsylvania — Legislative intent — Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673 — Suspension of official inspection station certificate — The Vehicle Code, Act […]

637 A.2d 724 ALLIANCEWALL CORPORATION and American Policyholders Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (Anna TRACEY, Widow of Edward I. Tracey, Deceased), Respondent. Commonwealth Court of Pennsylvania.Submitted October 8, 1993. Decided January 28, 1994. Appeal from the Workmen’s Compensation Appeal Board, A92-1721. Page 524 Frank L. Tamulonis, Jr., for petitioners. John J. Speicher, […]

654 A.2d 106 William HELMS, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (UNITED STATES GYPSUM CO.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: November 23, 1994. Decided: January 9, 1995. Appeal from Page 107 the Workmen’s Compensation Appeal Board, No. A92-0709. Affirmed. Brian R. Steiner, for petitioner. Deborah L. Hartwell, for respondent. Before DOYLE and KELLEY, […]

Perano v. Township of Tilden. No. 1579 C.D. 09.Commonwealth Court of Pennsylvania. May 27, 2010. Appeal from the Berks County 09-4944. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

425 A.2d 1209 James M. Barnes, Petitioner v. Commissioner of State Police, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 February 27, 1981. Appeals — Timeliness of appeal — Pa. R.A.P. No. 1512 — Jurisdiction. 1. The Commonwealth Court of Pennsylvania has no jurisdiction over an appeal from a suspension order issued by the Commissioner […]

561 A.2d 829 SUN CAB COMPANY, INC., Time Cab Company, Inc., Golden Cab Company, Inc., and H.E.B. Cab, Inc., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. DMILAR CAB COMPANY and Samuel Tsipenyuk, Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. BONNIE CAB CO. and Market Cab Co., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. GALANT SONS, […]

437 A.2d 67 Commonwealth of Pennsylvania v. 9 Mills Mechanical Slot Machines, etc. Miles Angelo, Appellant. Commonwealth Court of Pennsylvania. November 16, 1981. Criminal law — Gambling devices — Crimes Code, 18 Pa. C. S. § 5513 — Constitution of the United States, Fourth Amendment — Unlawful search — Private club — Probable cause — […]

Karen BROWN v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. John Richard Hughes and Viola E. Rodney. Appeal of: Commonwealth of Pennsylvania, Department of Transportation. No. 1298 C.D. 2010.Commonwealth Court of Pennsylvania.Argued December 6, 2010. Decided January 19, 2011. Appeal from the Court of Common Pleas, Lackawanna County, No. 2003 CIV 795, Mazzoni, J. Page […]

419 A.2d 240 Gregory Nunley, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Warren Evans, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 2, 1980 September 15, 1980. Public welfare — Presumption — Burden of proof — Scope of appellate review — Prevailing wage rate — […]

Edward M. MAZUR, Jeffrey Bull and an unincorporated association; Citizens Against Tax Incremental Financing, Appellants v. WASHINGTON COUNTY REDEVELOPMENT AUTHORITY, South Strabane Township, Trinity School District, Washington County and William McGowen, as Executive Director of the Washington County Redevelopment Authority. Commonwealth Court of Pennsylvania.Argued May 9, 2006. Decided June 13, 2006. Appeal from the Court […]

533 A.2d 1096 In Re: Appeal of David L. Booz, II, and Brenda Booz, from Report of Zoning Hearing Board of the Township of Greenwich, Berks County, Pennsylvania, on Application of Melvin C. Schumaker and Elaine K. Schumaker for a Special Exception and Variance. Melvin C. Schumaker and Elaine K. Schumaker, Appellants. Commonwealth Court of […]

Susquehanna County Board of Assessment Appeals v. Greenwood. No. 1497CD08.Commonwealth Court of Pennsylvania. February 23, 2009. Reargument Denied: April 9, 2009. Appeal from the Susquehanna County 2008-998 CP. Decisions Without Published Opinions Affirmed.

444 A.2d 1332 Sylvester Sutton, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued: March 3, 1982 May 12, 1982. Public assistance — Federal medical assistance program — Federal regulations — Discharge plan — Change in level of care — Transfer to another facility. 1. Pennsylvania in participating in the […]

First Korean Church of New York, Inc. v. Montgomery County Board of Assessment Appeals. No. 1551CD10.Commonwealth Court of Pennsylvania. June 14, 2011. Appeal from the Montgomery County Affirmed 98-22396. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

690 A.2d 1300 DREW W. YOUNG and TERESA BRADY-YOUNG, h/w, Appellants v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Engineering District 5-0 and ALLEN TOWNSHIP and DAVID I. VERNER. Commonwealth Court of Pennsylvania.Argued February 4, 1997. Decided March 13, 1997. Appeal from the Court of Common Pleas, Northampton County, No. 1994-C-3474. Page 1301 Bryan C. Schroll, Bala Cynwyd, […]

357 A.2d 699 Michael Pickle, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. May 25, 1976. Unemployment compensation — Findings of fact — Power of reviewing court. 1. The Commonwealth Court of Pennsylvania has no power to make findings of fact in appeals from the Unemployment […]

379 A.2d 663 John L. Miller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1977 November 15, 1977. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5. P.L. (1937) 2897 — Burden of proof — […]

713 A.2d 153 ASSOCIATION OF CITY MANAGEMENT AND PROFESSIONAL EMPLOYEES and JOHN CRAPPER v. CITY OF PHILADELPHIA, EDWARD G. RENDELL and PHILLIP RIVERA. Appeal of CITY OF PHILADELPHIA; EDWARD G. RENDELL, Mayor and LINDA SEYDA, Personnel Director, Appellants. Commonwealth Court of Pennsylvania.Argued February 12, 1998. Decided May 20, 1998. Appeal from The Court of Common […]

798 A.2d 305 William and Evelyn Peden v. Gambone Brothers Development Company and College Woods Inc. and Borough of Trappe. Appeal of: Gambone Brothers Development Company and Borough of Trappe. No. 1253 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: March 13, 2002. Filed: May 13, 2002. Page 306 Appeal from the Court of Common Pleas, Montgomery County, […]

514 A.2d 680 John J. Colsher, Appellant v. Township of Ridley, Appellee. Commonwealth Court of Pennsylvania.Argued December 13, 1985 September 5, 1986. Municipalities — Constitutionality of ordinance — Parking of trucks — Inferences — Insufficient evidence. 1. In determining the sufficiency of evidence in an appeal from a conviction of violation of a municipal ordinance, […]

413 A.2d 458 Margaret A. O’Connor, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Legislative Management Committee (R), Party Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1980 April 17, 1980. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Necessitous and compelling cause — […]

400 A.2d 934 Stuart J. Shriner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1978 May 2, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Credibility — Burden […]

790 A.2d 363 Albert John Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1513 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: December 4, 2001. Filed: January 11, 2002. Page 364 Before: Honorable Doris A. Smith, Judge; Honorable Dan Pellegrini, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. Terrance M. Edwards, Harrisburg, […]

304 A.2d 178 Bear v. Hartan’s Sales and Service. Commonwealth Court of Pennsylvania.Argued February 8, 1973 May 9, 1973. Workmen’s compensation — Scope of appellate view — Consistent findings — Burden of proof — Words and phrases — Capricious disregard of competent evidence — Medical testimony — Unusual exertion. 1. In a workmen’s compensation case […]

533 A.2d 1156 William E. Knuckles, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al., Respondents. Commonwealth Court of Pennsylvania. December 4, 1987. Parole — Recommitment — Scope of appellate review — Exclusionary rule — Burden of proof — Technical parole condition 5B — Weapon. 1. The scope of review of […]

CHS Berwick Hospital Corp. v. Columbia County Board of Assessment Appeals. No. 1711CD08.Commonwealth Court of Pennsylvania. June 16, 2009. Appeal from the Columbia County 04A-11-053-01,000 04A-11-053-04,000 1269-CV-2004. Decisions Without Published Opinions Affirmed.

707 A.2d 564 ELJER INDUSTRIES and THE TRAVELERS INSURANCE COMPANY, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (EVANS), Respondent Commonwealth Court of Pennsylvania.Submitted July 3, 1997. Decided February 3, 1998. Appeal from the Workers’ Compensation Appeal Board, No A94-4069. Page 565 F. David Dermotta, Pittsburgh, for petitioner. Daniel K. Bricmont, Pittsburgh, for respondent. Before PELLEGRINI and […]

414 A.2d 731 Karen K. McTamney, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1980 May 13, 1980. Unemployment compensation — Timelines of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Mailing. 1. In the absence of fraud or wrongful or […]

Kemper v. Comm. of PA, Dept. of Trans., Bureau of Driver. No. 1730CD06.Commonwealth Court of Pennsylvania. July 27, 2007. Appeal from the Washington County 2006-1027. Decisions without Published Opinions Affirmed.

In Re: The appeal of John R. SCHIEBER, Jr. and William Schieber, from the decision dated July 5, 2005, of the Borough Council of the Borough of Hatboro. Appeal of: John R. Schieber, Jr. and William A. Schieber. No. 1794 C.D. 2006.Commonwealth Court of Pennsylvania.Argued June 13, 2007. Decided July 6, 2007. Appeal from the […]

711 A.2d 567 NANNIE G. HOFFMANN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WESTMORELAND HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Submitted February 6, 1998. Decided April 22, 1998. Reargument Denied June 12, 1998. Page 568 Robert H. SLone, Greensburg, for petitioner. Harry W. Rosenstell and Thomas B. Anderson, Pittsburgh, for respondent. Before PELLEGRININ and FREIDMAN, JJ., and […]

535 A.2d 1217 James DOVERSPIKE and Amor D. Bullers, Appellants, v. David BLACK, Andrew S. Laska, and Jere Pearson, the Commissioners of Jefferson County et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 5, 1987. Decided January 7, 1988. Reargument Granted March 18, 1988. Appeal from the Court of Common Pleas, Jefferson County, Edwin L. Snyder, […]

548 A.2d 360 Robert Orr, John Shedlock et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 21, 1988. September 26, 1988. Unemployment compensation — Scope of appellate review — Work stoppage — Burden of proof. 1. In an unemployment compensation case the scope of review of […]

672 A.2d 393 Sonja HOCKENBERRY, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 7, 1996. Decided February 29, 1996. Page 394 Appeal from the Workmen’s Compensation Appeal Board, A93-3416. Stuart A. Cilo, for Petitioner. John C. Devine, for Respondent. Before PELLEGRINI and FRIEDMAN JJ., and KELTON, […]

432 A.2d 1160 Dorsey Justice, Petitioner v. Commonwealth of Pennsylvania, State Civil Service Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 1, 1981 August 3, 1981. Civil service — Back pay — Remand. 1. Although a removal from a civil service position may have been for a discriminatory cause, the Civil Service Commission may find the […]

388 A.2d 798 Raymond Minnick, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1978 July 24, 1978. Unemployment compensation — School employes — Able and available for work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Temporary unemployment — Anticipation of return […]

Commonwealth Court of Pennsylvania. DECISION WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Borough of Avoca v. 2668CD02, 06/24/2003 Luzerne County Reversed Goldstein 2669CD02 81-E of 1996 and Affirmed Sun Valley Lake 58CD03, 06/25/2003 Monroe County Affirmed Property Owners 59CD03 Association, Inc. 1441 Civil 2002 […]

421 A.2d 493 Julius Elek, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Herco, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 21, 1980. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Reasonable basis for contest — Scope of appellate review […]

318 A.2d 420 The Honorable Raymond Pace Alexander and The Honorable Robert V. Bolger and The Honorable Peter F. Hagan on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The Honorable A. Evans Kephart, Court Administrator, and The Honorable Grace M. Sloan, Treasurer of the Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania. […]

403 A.2d 613 Wayne County Board of Assessment, Appellant v. Federation of Jewish Philanthropies, Appellee. Commonwealth Court of Pennsylvania.Argued April 3, 1979 June 22, 1979. Taxation — Exemption — Purely public charity — Constitution of Pennsylvania, Article VIII, Section 2 — The Fourth to Eighth Class County Assessment Law, Act 1943, May 21, P.L. 571 […]

Lilly v. Boots and Saddle Riding Club. No. 57CD09.Commonwealth Court of Pennsylvania. July 17, 2009. Appeal from the Lehigh County 2007-C-0714. Decisions Without Published Opinions Affirmed.

513 A.2d 547 Harold J. Keating, Jr., Petitioner v. Board of School Directors of the Riverside School District, Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1986 July 30, 1986. Schools — Dismissal of professional employe — Scope of appellate review — Discretion of administrative tribunals — Request to present additional testimony — Notice — Regulations […]

590 A.2d 1375 MORGAN CORPORATION and Commercial Union Insurance Co., Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (STROCK), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 8, 1991. Decided May 7, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-97432. Page 521 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

847 A.2d 153 Peter Vega, Petitioner v. Jeffrey A. Beard, Secretary Pennsylvania Department of Corrections, Ben Varner, Superintendent SCI Smithfield, et al, Respondents. No. 916 M.D. 2002.Commonwealth Court of Pennsylvania.Submitted: December 5, 2003. Filed: March 24, 2004. Page 154 Peter Vega, petitoner, pro se. Alan M. Robinson, Camp Hill, for respondent. BEFORE: FRIEDMAN, Judge; COHN, […]

430 A.2d 1048 Carl R. Mellin, Paul Lowe and Call-Chronicle Newspapers, Inc., for themselves and all other citizens and taxpayers of the City of Allentown, Appellants v. The City of Allentown et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1981 June 19, 1981. Hearings — Public meetings — Open Meeting Law, Act of June […]

397 A.2d 493 In the Matter of Revocation of Club Liquor License No. C-712, Issued to: Tadeusza Kosciuszki, 609 Bedford Street, Portage, Pennsylvania 15946. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1978 February 13, 1979. Pennsylvania Liquor Control Board — Violations of Liquor Code, Act 1951, April 12, […]

548 A.2d 1306 Judges of The Court of Common Pleas of The Twenty-Seventh Judicial District: Charles G. Sweet, Thomas D. Gladden and Samuel L. Rodgers, Petitioners v. County of Washington and Patricia Beharry, County Controller, Respondents. Commonwealth Court of Pennsylvania.Argued December 16, 1987. October 11, 1988. Judges — Summary judgment — Collective bargaining agreement — […]

737 A.2d 356 CITY OF PHILADELPHIA COMP: SERVICES, Petitioners v. MEDICAL FEE REVIEW HEARING: OFFICE (RJS INDUSTRIES), Respondent No. 779 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: July 30, 1999 Filed: September 1, 1999 Appeal from the Workers’ Compensation Appeal Board, Nos. 43764, 44044, 44045, 44148, 44256, 44258, 44456 and 46295. Mary T. Uhlig, for petitioners. C.A. […]

817 A.2d 1230 Lee D. Redenbach, Jr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 105 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: November 1, 2002. Filed: March 3, 2003. Appeal from the Court of Common Pleas, Butler County, MsD No. 01-40166, Yeager, J. Page 1231 Matthew E. Fischer, Butler, for appellant. […]

527 A.2d 1102 James King, Appellant v. City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued December 9, 1986. June 26, 1987. Municipalities — Immunity from suit — Demurrer — Scope of appellate review — Real property exception — Judicial Code, 42 Pa. C. S. § 8541 — Wilful acts. 1. In reviewing an order sustaining […]

450 A.2d 247 Sandra L. Cooper, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 10, 1982. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Credibility — Scope of appellate review — Inconsistent findings — Capricious disregard of […]

Taylor v. Comm. of PA, Dept. of Trans., Bureau of Driver Lie. No. 1250CD10.Commonwealth Court of Pennsylvania. May 5, 2011. Appeal from the Beaver County 11228 of 2009. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

344 A.2d 287 Robert F. Jones, Appellant, v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1975 September 22, 1975. Unemployment compensation — Self-employment — Collateral attack — Fault payments — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. A determination by unemployment […]

798 A.2d 801 Angela Lynne Rossi v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 2366 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: March 8, 2002. Filed: April 29, 2002. Order Filed: June 17, 2002. NOW, June 17, 2002, having considered appellant’s application for reconsideration before the court en banc, and appellee’s answer, […]

402 A.2d 711 Ralph Carter, Petitioner v. Commonwealth of Pennsylvania, Department of Justice, and Bureau of Corrections, and Ernest E. Deicks, Records Officer at State Correctional Institution at Pittsburgh, Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania. June 18, 1979. Criminal law — Recomputation of sentence — Due process — Pending corrective action. 1. A […]

440 A.2d 642 Robinson Township, Appellant v. Westinghouse Broadcasting Company, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1981 December 30, 1981. Zoning — Conditional use — Scope of appellate review — Abuse of discretion — Error of law — Burden of proof — Public welfare — Television tower — Aesthetics. 1. In a zoning case […]

516 A.2d 437 Carlisle Electric, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1986 October 21, 1986. Attorneys’ fees — Act of December 13, 1982, P.L. 1127 — Abuse of discretion. 1. The standard of review for the Commonwealth Court of Pennsylvania […]

587 A.2d 897 Edward PATTERSON, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs November 2, 1990. Decided March 1, 1991. Appeal from the Court of Common Pleas, Allegheny County, No. 1369 SA 1989, Alan S. Penkower, J. Page 293 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

347 A.2d 330 John J. Doyle v. City of Scranton, Eugene Peters, Mayor of the City of Scranton, Anthony Batsavage, Director of Public Safety, Civil Service Commission, William Feldcamp, City Controller, David H. Davis, City Treasurer and John J. McCrone, Superintendent of Police, Appellants. Commonwealth Court of Pennsylvania.Argued October 9, 1975 November 18, 1975. Municipalities […]

531 A.2d 90 Anthony Iron Metal Co., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued May 21, 1987. September 15, 1987. Department of Transportation — Suspension of special hauling privileges — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

936 A.2d 1251 Monchelli v. Correctional Physician Services, Inc. No. 948CD07.Commonwealth Court of Pennsylvania. December 3, 2007. Appeal from the Monroe County 05-00853. Decisions Without Published Opinions Affirmed.

552 A.2d 357 In Re: Lebanon County Distribution of Fees or Financial Conditions Imposed in ARD/DUI Cases. City of Lebanon, Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1988. January 10, 1989. Counties — Vehicle Code, 75 Pa. C. S. § 3731 — Accelerated Rehabilitation Disposition Program. 1. Monies collected as administrative costs for placing individuals […]

944 A.2d 845 Paros v. Cambria County Tax Claim Bureau. No. 1203CD07.Commonwealth Court of Pennsylvania. March 14, 2008. Appeal from the Cambria County 2006-5161. Decision Without Published Opinion Affirmed.

447 A.2d 691 James M. Dunn, Jr. and Martin Stein, Appellants v. Tax Review Board of the City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued March 5, 1982 July 15, 1982. Taxation — Real estate — Mercantile license tax — Net profits tax — City of Philadelphia. 1. Where taxpayers deliberately acquired parcels of real […]

410 A.2d 91 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Dennis L. Bower, Appellee. Commonwealth Court of Pennsylvania.Argued November 13, 1979 January 9, 1980. Appeals — Timeliness — Subject matter jurisdiction. 1. The timeliness of an appeal goes to the subject matter jurisdiction of the court and may be raised […]

699 A.2d 1378 THERESA M. BREITKREUTZ, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 13, 1997. Decided September 4, 1997. Appeal from the Department of Public Welfare No. 370080788-001. Page 1379 Theresa M. Breitkreutz, petitioner, for herself. P. Amber Jones, Harrisburg, for respondent. Before PELLEGRINI and LEADBETTER, JJ., and […]

356 A.2d 837 Commonwealth of Pennsylvania, Pennsylvania Higher Education Assistance Agency v. Abington Memorial Hospital et al., Appellants. Pennsylvania Association of Colleges and Universities, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued March 2, 1976 April 22, 1976. Pennsylvania Higher Education Assistance Agency — Scope of appellate review — Administrative Agency Law, Act 1945, June 4, P.L. […]

553 A.2d 533 Steven John Staib, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellee. Commonwealth Court of Pennsylvania.Submitted on briefs October 11, 1988. February 10, 1989. Motor vehicles — Suspension of motor vehicle operator’s license — Second suspension — Multiple offenses — Burden of proof. 1. To justify the imposition […]

972 A.2d 120 DIJAS CAPITAL, LLC, Petitioner v. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, Respondent. No. 1388 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: March 31, 2009. Decided: April 28, 2009. Appeal from the Department of Community and Economic Development, No. C000036001. Jennifer L. McGrath, Langhorne, for petitioner. Page 121 Charles Rees Brown, Harrisburg, for respondent. BEFORE: […]

470 A.2d 659 Robert J. Phillips, Petitioner v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued April 6, 1983 January 11, 1984. Ethics — State Ethics Commission — Scope of appellate review — Public employees — Ethics Act, Act of October 4, 1978, P.L. 883. 1. In reviewing a determination of the […]

795 A.2d 480 Elliott Company, Petitioner v. Workers’ Compensation Appeal Board (Shipley), Respondent. No. 2233 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: January 18, 2002. Filed: April 3, 2002. Page 481 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 482 Francis A. Veltri, Pittsburgh, […]

456 A.2d 709 In Re: Revocation of Liquor License No. R-2193 and Amusement Permit No. AP-2193 issued to A.R.F. Bar, Inc. A.R.F. Bar, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1982 February 28, 1983. Liquor licensing — Security interest — Lender — Foreclosure — Revocation — Liquor Code, Act of April 12, 1951, P.L. […]

477 A.2d 917 Forrest M. Swaydis, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania. July 9, 1984. Pennsylvania State Police — Court-martial of police officer — Due process — Power of Commissioner of State Police — Designation of Board members — Commingling of prosecutorial and adjudicative functions — Effect of […]

581 A.2d 702 SOCIETY HILL CARRIAGE COMPANY and Robert F. Dougherty, d/b/a Outback Farm, Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1990. Decided October 23, 1990. Appeal from the Public Utility Commission (PUC), Nos. A-00105460, A-00105865. Page 539 Barry F. Penn, Law Offices of Barry F. Penn, Philadelphia, for […]

407 A.2d 1385 Raymond B. Horst, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1979 November 15, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Refusal of reasonable request. 1. An employe who is discharged […]

403 A.2d 237 Commonwealth of Pennsylvania, Department of Agriculture, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 8, 1979 July 17, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Violation of rule — Good cause for violation […]

373 A.2d 1385 Commonwealth of Pennsylvania v. Atlantic Gulf Stevedores, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued March 9, 1977 June 13, 1977. Taxation — Corporate income tax — Domestic corporations — Interstate and foreign commerce — Corporation Income Tax Law, Act 1951, August 24, P.L. 1417 — Corporate Net Income Tax, Act 1935, May 16, […]

567 A.2d 768 Josephine STOREY; Braintrim Township; Wyoming County and Wyalusing Area School District, Appellants, v. SUSQUEHANNA COUNTY BOARD OF ASSESSMENT, Appellee. Commonwealth Court of Pennsylvania.Argued September 15, 1989. Decided December 15, 1989. Appeal from the Common Pleas Court, Susquehanna County, Donald O’Malley, President Judge. Page 181 James E. Davis, Farr, Davis Fitze, Tunkhannock, for […]

496 A.2d 1346 Paul Klein, Petitioner v. Workmen’s Compensation Appeal Board (Plaza Home Center, Inc., and St. Paul Fire Marine Insurance Company), Respondents. Commonwealth Court of Pennsylvania. August 21, 1985. Workmen’s compensation — Mental illness — Scope of appellate review — Capricious disregard of competent evidence — Ownership of business — Causation — Additional evidence. […]

702 A.2d 621 David A. KRULAC, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA GAME COMMISSION. Commonwealth Court of Pennsylvania.Argued September 12, 1997. Decided November 19, 1997. Appeal from the Court of Common Pleas, Dauphin County, No. 2029 S 1995. Page 622 Norman M. Yoffe, Camp Hill, for appellant. Bradley C. Bechtel, Asst. Counsel, Harrisburg, for appellee. […]

648 A.2d 1311 Henry O’HARA, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 5, 1994. Decided September 28, 1994. Appeal from the Unemployment Compensation Board of Review, No. B320573. Page 637 Arthur L. Gutkin, for petitioner. Sarah Yerger-Nauss, Asst. Counsel and Clifford F. Blaze, Deputy Chief Counsel, for […]

702 A.2d 1105 In re TAX CLAIM BUREAU OF LEHIGH COUNTY SALE NO. 49-28. Summit Bank, Successor to First Valley Bank, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1997. Decided November 6, 1997. Appeal from the Court of Common Pleas, Lehigh County, No. 96-C-1854, Platt, J. Wendy J. Wasserman, Princeton, New Jersey, for appellant. John […]

457 A.2d 1018 Northern Pennsylvania Legal Services, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1983 March 29, 1983. Legal assistance — Due process — Adequacy of notice. 1. When one whose right to legal assistance is terminated fails to raise the adequacy of the written […]

332 A.2d 892 Steven Kulovits Trucking and State Workmen’s Insurance Fund, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Larry C. Miller, Appellees. Commonwealth Court of Pennsylvania.Argued January 9, 1975 February 18, 1975. Workmen’s compensation — Timeliness of appeal — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Service […]

688 A.2d 763 KEITH SUMMERVILLE, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent JAMES P. RHEIN, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted January 3, 1997. Decided January 28, 1997. Appeal from the Unemployment Compensation Board of Review, Nos. B-349650 and B-349651. Page 764 Jeffery A. Liebmann, Trevose, for petitioners. […]

606 A.2d 599 W.H. SMITH, formerly Elson’s and Zurich-American Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (CATON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 10, 1992. Decided March 20, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A89-798. Page 496 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

616 A.2d 63 Paul J. MOTTERSHEAD, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs February 28, 1992. Decided September 15, 1992. Petition for Allowance of Appeal Denied February 17, 1993. Appeal from the Court of Common Pleas, Potter County, No. 306 of 1991, John […]

964 A.2d 506 Cummings v. Luzerne County Tax Claim Bureau. No. 573CD08.Commonwealth Court of Pennsylvania. January 6, 2009. Luzerne County 13718-CV of 2006. Decisions Without Published Opinions Reversed.

365 A.2d 702 Commonwealth of Pennsylvania ex rel. Lonnie Davis, Plaintiff v. Pennsylvania Board of Parole, Defendant. Commonwealth Court of Pennsylvania. October 28, 1976. Pennsylvania Board of Probation and Parole — Concurrent sentences — Consecutive sentences — Pa. R. Crim. P. 1406(a) — Written sentence. 1. Under Pa. R. Crim. P. 1406(a) sentences are deemed […]

320 A.2d 452 Gilbert M. Gerber and Dahlia Gerber, His Wife, Appellants, v. Louis S. Frankel and Dorothy Frankel, His Wife, and the City of Pittsburgh, Appellees. Commonwealth Court of Pennsylvania.Argued May 9, 1974 June 10, 1974. Zoning — Variance — Side line requirements — Swimming pool. 1. A property owner is not entitled to […]