Category: Pennsylvania Commonwealth Court Opinions

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 […]

404 A.2d 720 Safeguard Investment Corp. and Anthony J. Pivirotto, individually and as President of Safeguard Investment Corp., and John Woods, individually and as Manager of Safeguard Investment Corp., Appellants v. Commonwealth of Pennsylvania, acting by Robert Colville, District Attorney of Allegheny County, Appellee. Commonwealth Court of Pennsylvania.Argued May 8, 1979 July 25, 1979. Unfair […]

422 A.2d 1212 Winterset Farms, Inc., Appellant v. Zoning Hearing Board of Bethel Township, Delaware County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1980 December 3, 1980. Argued October 10, 1980, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three. Appeal, No. 2536 C.D. 1979, from the Order of the Court […]

506 A.2d 499 Douglas Steve Replogle, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1986 March 17, 1986. Liquor licensing — Liquor Code, Act of April 12, 1951, P.L. 90 — Municipalities — Local option — Property right — Renewal — Notice — Taking. 1. Section 472 […]

520 A.2d 952 Raymond J. Murphy, Appellant v. Board of Commissioners of Lower Merion Township and Civil Service Commission of Lower Merion Township, Appellees. Commonwealth Court of Pennsylvania. February 9, 1987. Submitted on briefs December 11, 1986, to Judges MacPHAIL and BARRY, and Senior Judge BARBIERI, sitting as a panel of three. Appeal, No. 1890 […]

488 A.2d 89 Horace Bey, Appellant v. Board of Education, School District of Philadelphia, Appellee. Board of Education, School District of Philadelphia, Appellant v. Horace Bey, Appellee. Commonwealth Court of Pennsylvania.Argued December 13, 1984 February 19, 1985. Schools — Dismissal of employe — Scope of appellate review — Violation of constitutional rights — Error of […]

579 A.2d 1032 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Joyce OELLER, Appellee. Commonwealth Court of Pennsylvania.Submitted June 8, 1990. Decided September 14, 1990. Appeal from the Court of Common Pleas, Luzerne County, No. 3470-C of 1989, Gifford S. Cappellini, J. Page 173 David R. White, Assistant Counsel, with him, […]

759 A.2d 442 LORENZO L. MIXON, NATHANIEL BROWN, DOLORES FIGUEROA, JOSEPH HILL, JEFFRIE S. McKINZIE, WILLIAM P. ALSTON and MAUREEN WILLIAMS, Petitioners v. COMMONWEALTH OF PENNSYLVANIA and KIM HANNA PIZZINGRILLI, SECRETARY OF THE COMMONWEALTH, Respondents. No. 384 M.D. 1999.Commonwealth Court of Pennsylvania.Argued: March 8, 2000. Filed: September 18, 2000. Page 443 [EDITORS’ NOTE: THIS PAGE […]

771 A.2d 103 Nancy Cardamone, Appellant v. Whitpain Township Zoning Hearing Board and Whitpain Township. No. 2020 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: December 22, 2000. Filed: April 5, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION JUDGE KELLEY Nancy Cardamone appeals from an order […]

382 A.2d 1287 Anestos Rodites, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1978 March 6, 1978. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Questions of law — Findings of fact […]

702 A.2d 873 C.D.G., INC., Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (McALLISTER), Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1997. Decided November 17, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A95-2534. Page 874 Nancy J. Pease, Philadelphia, for petitioner. Alan I. Lourie, Philadelphia, for respondent. Before PELLEGRINI and KELLEY, JJ., and MIRARCHI, Jr., […]

Mathis v. Northampton County Court of Common Pleas. No. 2160CD10.Commonwealth Court of Pennsylvania. July 18, 2011. Appeal from the Northampton County C-0048-CV-2010-2668. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

560 A.2d 901 COMMONWEALTH of Pennsylvania, Appellant, v. Thomas McDERMOND, Appellee. Commonwealth Court of Pennsylvania.Argued March 10, 1989. Decided June 21, 1989. Appeal from the Common Pleas Court, Philadelphia County, Joseph D. O’Keefe, J. Page 18 Jeffrey Hellman, Asst. Dist. Atty., William G. Chadwick, Jr., First Asst. Dist. Atty., Gaele McLaughlin Barthold, Deputy Dist. Atty., […]

347 A.2d 735 Dante Iacampo v. Hatfield Township and Hatfield Township Zoning Hearing Board. Hatfield Township, Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1975 December 5, 1975. Zoning — Special exception — Burden of proof — Public welfare. The court affirmed the order below on the opinion of the lower court, LOWE, J. which was […]

544 A.2d 1122 The Borough of Sewickley Water Authority, Appellant v. James A. Mollica, Jr., and Sheila Mars Mollica, His Wife, Appellees. Commonwealth Court of Pennsylvania.Argued May 23, 1988. July 29, 1988. Authorities — Waterline extension — Abuse of discretion — Scope of appellate review. 1. A municipal authority’s past failure to require an intervening […]

413 A.2d 460 Elizabeth Rood, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1980 April 17, 1980. Unemployment compensation — Refusal of suitable work — Good cause for refusal — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Change […]

426 A.2d 1289 Philadelphia Newspapers, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1981 March 19, 1981. Unemployment compensation — Posted job openings — Offers of employment — Findings of fact — Remand. 1. In an unemployment compensation case, job offerings posted by an employer […]

635 A.2d 754 BOROUGH OF JEFFERSON, Appellant, v. Enrico BRACCO and Norma M. Bracco, his wife. Commonwealth Court of Pennsylvania.Argued June 18, 1993. Decided December 27, 1993. Appeal from the Court of Common Pleas, Allegheny County, No. GD84-2631. Page 682 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

767 A.2d 1144 WESTMORELAND COUNTY v. RTA GROUP, INC. and WESTMORELAND BAR ASSOCIATION RTA GROUP, INC., Appellant. No. 392 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: November 3, 1999. Filed: February 12, 2001. Page 1145 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1146 […]

882 A.2d 42 KING v. WALKER TOWNSHIP. No. 1239CD04.Commonwealth Court of Pennsylvania. August 10, 2005. Appeal from Centre County 2003-1458 2003-327. Decision without published opinion Affirmed.

584 A.2d 1072 The ZONING HEARING BOARD OF the CITY OF ERIE, Appellant, v. Lesley BURROWS, t/d/b/a ABC Garage, Appellee. Commonwealth Court of Pennsylvania.Argued October 2, 1990. Decided December 18, 1990. Appeal from the Court of Common Pleas, Erie County, No. 1420-A-1987, Jess S. Jiuliante, President Judge. Page 690 Gerald J. Villella, Deputy City Sol., […]

707 A.2d 1176 SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LANDON), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 5, 1997. Decided February 4, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-2048. Brian J. Durkin, Philadelphia, for petitioner. Michael W. McGurrin, Philadelphia, for respondent. Page 1177 Before DOYLE and McGINLEY, […]

616 A.2d 185 COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, BUREAU of DRIVER LICENSING, Appellant, v. Walter C. LEAR, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs May 29, 1992. Decided October 14, 1992. Appeal from the Common Pleas Court, Luzerne County, Patrick J. Toole, Jr., President Judge, No. 5563-C of 1991. Page 139 [EDITORS’ NOTE: THIS […]

736 A.2d 759 FRANCO G. FORGIONE, Appellant v. JOHN G. HECK and THE CITY OF WILLIAMSPORT No. 66 C.D. 1999Commonwealth Court of Pennsylvania.Argued: July 21, 1999 Filed: August 19, 1999 Appeal from the Court of Common Pleas, Lycoming County, Nos. 97-01, 165, Kieser, J. Page 760 Paul R. Mazzoni, for appellant. Robert A. Seiferth, for […]

387 A.2d 127 Cedarbrook Realty, Inc. et al., Appellants v. Charles F. Nahill, Jr. et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 4, 1978 May 18, 1978. Taxation — Sequestration of rents — Local Tax Collection Law, Act 1945, May 25, P.L. 1050 — Real Estate Tax Sale Law, Act 1947, July 7, P.L. 1368 […]

495 A.2d 667 Rajinder Dhillon, Individually and on behalf of his wife, Narinder Dhillon, and on behalf of his child, Subhir Dhillon, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. July 16, 1985. Department of Public Welfare — Discontinuation of benefits — Community work program — Refusal to accept […]

373 A.2d 1364 Joseph Skehan, Appellant v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued March 10, 1977 June 7, 1977. Public assistance — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Rental income — Annualization — Abuse […]

683 A.2d 972 THE SCHOOL DISTRICT OF PHILADELPHIA and Consumers Education and Protective Association and Lance Haver, on behalf of himself and all others similarly situated, Petitioners, v. PENNSYLVANIA MILK MARKETING BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued June 12, 1996. Decided October 18, 1996. Appeal from the Milk Marketing Board, No. A-890. Page 973 [EDITORS’ […]

549 A.2d 256 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. McKeesport Beer Distributor, Inc., Appellee. Commonwealth Court of Pennsylvania. October 24, 1988. Liquor licensing — Appeal — Scope of appellate review — Liquor Code, Act of April 12, 1951, P.L. 90 — Intent. 1. In an appeal of a case involving a violation […]

452 A.2d 896 Irene Berkovich, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1982 November 23, 1982. Public assistance — Outside income — Public Welfare Code, Act of June 13, 1967, P.L. 31 — Rent payments to landlord — Regulations. 1. Under provisions of the Public Welfare […]

677 A.2d 1301 DARR CONSTRUCTION COMPANY and Rockwood Casualty Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (WALKER, R.), Respondent. DARR CONSTRUCTION COMPANY and Rockwood Casualty Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (REED), Respondent. DARR CONSTRUCTION COMPANY and Rockwood Casualty Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (WALKER, J.), Respondent. DARR CONSTRUCTION COMPANY and Rockwood […]

692 A.2d 259 RAYMOND BOYER and Desiree Aguilar v. CITY OF PHILADELPHIA and Sergeant Bagnell. Appeal of Raymond BOYER, Appellant. Commonwealth Court of Pennsylvania.Submitted January 3, 1997. Decided March 27, 1997. Appeal from the Court of Common Pleas, Philadelphia County, No. 3010 January Term, 1995, Rosenberg, J. Page 260 Steven D. Janel, Philadelphia, for appellant. […]

667 A.2d 1221 Donald E. HANSON, Appellant, LOWER FREDERICK TOWNSHIP BOARD OF SUPERVISORS and William J. Coleman, Lower Frederick Building Inspector and Zoning Enforcement Officer. Commonwealth Court of Pennsylvania.Argued October 17, 1995. Decided December 4, 1995. Appealed from the Court of Common Pleas, Montgomery County, No. 93-07665, Subers, J., County Judge. Page 1222 Arthur J. […]

814 A.2d 1265 Timothy J. Schadler v. Zoning Hearing Board of Weisenberg Township Appeal of: Weisenberg Township Board of Supervisors. No. 2932 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: December 4, 2002. Filed: January 8, 2003. Appeal from the Court of Common Pleas, Lehigh County, No. 2000-C-0209, Reibman, J. John E. Roberts, Whitehall, for appellant. Charles E. […]

Booher v. Comm. of PA. 2476CD05.Commonwealth Court of Pennsylvania. August 18, 2006. Appeal from the Huntingdon County 2003-364. Decisions Without Published Opinions Affirmed.

407 A.2d 486 Dale Morrison, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 November 7, 1979. Unemployment compensation — Refusal of suitable work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Transportation difficulties — Good faith. 1. A person refusing suitable […]

631 A.2d 767 PENNSYLVANIA INSTITUTIONAL HEALTH SERVICES, INC.; Carl A. Hoffman; John Lesniewski; Edward Russek; Paul F. Phillips; Robert Davis; and Dana Powell, Petitioners, v. COMMONWEALTH Of Pennsylvania, DEPARTMENT OF CORRECTIONS; Laurence J. Reid, as Executive Deputy Commissioner, Department of Corrections, Michael H. Hershock, Secretary of the Budget, and David L. Jannetta, Secretary of General […]

Brian Scott McKELVEY v. WESTMORELAND COUNTY TAX CLAIM BUREAU, and Brian K. Carey and Jack E. Herbert Appeal of: Brian K. Carey and Jack E. Herbert. No. 2427 C.D. 2008.Commonwealth Court of Pennsylvania.Argued October 13, 2009. Decided October 30, 2009. Reargument Denied En Banc December 23, 2009. Appeal from the Court of Common Pleas, Westmoreland […]

457 A.2d 1029 The Beistle Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1982 March 31, 1983. Unemployment compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Production bonus — Annual bonus. 1. The mere receipt of a payment during […]

774 A.2d 1271 AUGUST TOKISH, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD, Respondent. No. 680 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: August 11, 2000. Filed: May 2, 2001. Page 1272 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION JUDGE FLAHERTY August Tokish (Claimant) and his attorney, Ronald T. Tomasko […]

485 A.2d 864 Park Outdoor Advertising Company, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued October 15, 1984 December 27, 1984. Signs — Revocation of sign permits — Outdoor Advertising Control Act of 1971, Act of December 15, 1971, P.L. 596 — Abandoned signs — Regulations — Change in sign […]

701 A.2d 307 Nellie L. WALLACE, Administratrix of the Estate of Andrew J. Wallace, Deceased, Appellant v. The DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH of Pennsylvania; The City of Easton; John Doe, Employee of the Commonwealth of Pennsylvania; and John Doe, Employee of the City of Easton. Commonwealth Court of Pennsylvania.Argued September 8, 1997. Decided […]

568 A.2d 738 WASTE CONVERSION, INC., Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 15, 1989. Decided January 8, 1990. Petition for Allowance of Appeal Denied July 2, 1990. Appeal from the Court of Common Pleas, Lycoming County, Raup, President Judge. Page 444 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

456 A.2d 252 Stabatrol Corporation et al., Petitioners v. Metzval Corporation et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 15, 1982 February 18, 1983. Jurisdiction of the Commonwealth Court of Pennsylvania — Preliminary objections — Equity — Statutory remedy — Administrative Code of 1929, Act of April 9, 1929, P.L. 177 — Administrative Agency Law, […]

320 A.2d 377 Schuman’s Village Square Drugs, Inc., Appellant, v. Commonwealth of Pennsylvania, State Board of Pharmacy, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1974 June 4, 1974. State Board of Pharmacy — Pharmacy permit — Scope of appellate review — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Violation of constitutional […]

767 A.2d 634 JAMES GUTHRIE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (KEYSTONE COAL COMPANY), Respondent. No. 448 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: July 14, 2000. Filed: January 19, 2001. Page 635 Before: Honorable Joseph T. Doyle, President Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable William J. Lederer, Senior Judge. OPINION PRESIDENT JUDGE DOYLE James Guthrie […]

432 A.2d 308 Yorktowne Paper Mills and Pennsylvania Manufacturers’ Association Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Charles H. Beard, Respondents. Commonwealth Court of Pennsylvania.Argued June 4, 1981 July 17, 1981. Workmen’s compensation — Modification of compensation agreement — Burden of proof — Disability — Available work. 1. An employer […]

463 A.2d 110 Wyman Scott, Petitioner v. Fred Jacobs, Chairman, Pennsylvania Board of Probation and Parole et al., Respondents. Commonwealth Court of Pennsylvania. August 4, 1983. Attorneys — Court appointed counsel — Withdrawal — Standards. 1. Before court appointed counsel’s request to withdraw on the ground the appeal is frivolous may be considered, counsel must: […]

David A. KORCH, P.T., Petitioner v. STATE BOARD OF PHYSICAL THERAPY, Respondent. Commonwealth Court of Pennsylvania.Argued January 30, 2006. Decided March 27, 2006. Reargument En Banc Denied May 22, 2006. Publication Ordered June 19, 2006. Page 942 Michael J. Bruzzese, Pittsburgh, for petitioner. Beth Sender Michlovitz, Asst. Counsel, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, and […]

509 A.2d 945 Andrew G. Young, Petitioner v. Workmen’s Compensation Appeal Board (Jones Laughlin Steel Corp.), Respondents. Commonwealth Court of Pennsylvania.Argued October 10, 1985 May 20, 1986. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Radiation — Limitations period — Statutory construction. 1. Under Section 315 of […]

813 A.2d 13 Golden Eagle Construction Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. No. 339 F.R. 2000.Commonwealth Court of Pennsylvania.Argued: September 10, 2002. Filed: December 10, 2002. Page 14 Bryan E. Barbin, Johnstown, for petitioner. Ronald H. Skubecz, Harrisburg, for respondent. Before: Honorable Doris A. Smith-Ribner, Judge; Honorable Mary Hannah Leavitt, Judge; Honorable Jess […]

332 A.2d 575 Burlington Homes, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Standard Coach Company, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Redman Mobile Homes, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Astro Manufacturing Co., Inc., Plaintiff, […]

442 A.2d 414 Connie M. Osborne, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 1, 1982 March 18, 1982. Unemployment compensation — Appeal — Timeliness — Formal determination of eligibility. 1. Where an employer has received notice of a determination that a former employee is eligible for […]

650 A.2d 1197 NORTH PENN WATER AUTHORITY v. A CERTAIN PARCEL OF LAND IDENTIFIED BY LAST KNOWN OWNER AND TAX PARCEL NUMBER AS MICHAEL H. MALIN AND DOROTHY SEIMEL MALIN (BLOCK NO. 052, UNIT 043, TAX PARCEL NO.: 35-00-06040-00-9. Appeal of Michael H. MALIN and Dorothy Seimel Malin, Appellants. Commonwealth Court of Pennsylvania.Argued October 3, […]

409 A.2d 444 Borough of Emmaus, Appellant v. Daniel R. Schuler and Irene M. Schuler, Appellees. Commonwealth Court of Pennsylvania.Argued October 1, 1979 December 19, 1979. Zoning — Variance — Scope of appellate review — Abuse of discretion — Error of law — Burden of proof — Unnecessary hardship — Public welfare — Sideyard requirements […]

561 A.2d 372 Daniel VISINTIN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HALE PUMP COMPANY), Respondents. Commonwealth Court of Pennsylvania.Argued December 12, 1988. Decided June 29, 1989. Reconsideration Granted March 13, 1989. Appeal from the Workmen’s Compensation Appeal Board. Page 245 Marc S. Jacobs, Galfand, Berger, Senesky, Lurie March, Philadelphia, for petitioner. Peter J. Weber, Andrew […]

548 A.2d 354 Personnel Department, City of Philadelphia and Kevin Tucker, Appellants v. Wendell Hilliard, Appellee. Commonwealth Court of Pennsylvania.Argued June 13, 1988. September 26, 1988. Police officers and firefighters — Dismissal of probationary police officer — Equity — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact […]

410 A.2d 1303 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Roma Von Altimus, Appellee. Commonwealth Court of Pennsylvania.Argued November 13, 1979 February 7, 1980. Motor vehicles — Operator’s license revocation — Mandatory revocation — Habitual offender — Consecutive revocations — Legislative intent. 1. The mandatory motor vehicle operator’s license revocation […]

571 A.2d 1104 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Stanley TOMCZAK, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 1989. Decided March 14, 1990. Appeal from the Court of Common Pleas, Philadelphia County, No. 5404 August Term, 1988, Nicholas M. D’Alesandro, J. Page 39 [EDITORS’ NOTE: THIS PAGE […]

557 A.2d 798 William R. Mayo, Appellant v. William Lichtenwalner, Charles Crawford and The Commonwealth of Pennsylvania, Department of Agriculture, Appellees. Commonwealth Court of Pennsylvania.Argued November 3, 1988. April 14, 1989. Sovereign immunity — Preliminary objections — Demurrer — Judicial Code, 42 Pa. C. S. § 8522 — Injury to animals — Dog Law, Act […]

ROSE v. MAUER. No. 139CD05.Commonwealth Court of Pennsylvania. June 16, 2005. Appeal from the Lehigh County 1993-C-2345. Decision without published opinion. Affirmed.

548 A.2d 675 James E. Martin, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued April 21, 1988. October 7, 1988. Environment — Scope of appellate review — Force majeure — Burden of proof. 1. On an appeal from a decision of the Environmental Hearing Board the scope of review […]

333 A.2d 489 Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant, v. United States Steel Corporation, Appellee. Commonwealth Court of Pennsylvania.Argued January 8, 1975 March 10, 1975. Environmental law — Mines — Power of Environmental Hearing Board — Administration Code of 1929, Act 1929, April 9, P.L. 177 — Coal mine fire — Discretion of […]

621 A.2d 1239 John SHULTZ (a/k/a Schultz), Deceased, Marie Shultz, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LEROY ROOFING COMPANY and The PMA Group), Respondents. Commonwealth Court of Pennsylvania.Submitted October 23, 1992. Decided March 3, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1178. Page 35 William H. Nast, for petitioner. Michael R. Bonshock, for […]

641 A.2d 639 Tadeusz TARAPACKI, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DIVERSIFIED CONTRACTING, INC. and New Jersey Re-Insurance Co.), Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1993. Decided April 14, 1994. Reargument Denied May 31, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1313. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

828 A.2d 510 Stephen D. Schofield v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 32 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 6, 2003. Filed: July 16, 2003. Page 511 Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant. Charles T. DeTulleo, West Chester, for appellee. BEFORE: […]

939 A.2d 1004 Joel S. ARIO, Insurance Commissioner of the Commonwealth of Pennsylvania, Plaintiff v. RELIANCE INSURANCE COMPANY, Defendant. In Re: Farm Bureau Insurance; POC No. 1010161. No. 269 M.D. 2001.Commonwealth Court of Pennsylvania. Decided: December 14, 2007. Publication Ordered December 21, 2007. Page 1005 Peter L. Diesel, Grand Blanc, MI, for Farm Bureau Insurance […]

466 A.2d 275 John Andrew Hymon, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 13, 1983. Unemployment compensation — Willful misconduct — Unauthorized vacation. 1. For unemployment compensation purposes an employee’s behavior constitutes willful misconduct when it is a wanton and wilful disregard of the employer’s interest, […]

422 A.2d 1195 In Re: Granting of Request for the Transfer of a Restaurant Liquor License of John T. Chiavaroli, Marie V. Chiavaroli and Mildred Sanders, t/a The Nickelodeon. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. In Re: Granting of Request for the Transfer of a Restaurant Liquor License of John T. Chiavaroli, Marie […]

367 A.2d 778 Pennsylvania Social Services Union, Local 668, Affiliated With Service Employees International Union, AFL-CIO v. Pennsylvania Labor Relations Board, Commonwealth of Pennsylvania. Pennsylvania Social Services Union, Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1976 December 15, 1976. Labor — Unfair labor practice — Public Employe Relations Act, Act 1970, July 23, P.L. 563 […]

271 A.2d 889 Anna Christiansen v. Zoning Board of Adjustment (Philadelphia), Appeal of Jerome Gross. Commonwealth Court of Pennsylvania.Argued October 7, 1970 December 29, 1970. Zoning — Appeals — Appeal petition — Limitations — Philadelphia Zoning Code. 1. Statutory time limitations contained in a Zoning Code have as their prime function notification to all parties […]

451 A.2d 1057 John H. Lang, Appellant v. Tax Review Board of City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued June 10, 1982 November 4, 1982. Wage tax — Subject matter jurisdiction — Agency — Statutory construction — Philadelphia Code. 1. The question of an agency’s subject matter jurisdiction over a matter is a legal […]

289 A.2d 513 Shomo, et ux. v. Derry Borough. Commonwealth Court of Pennsylvania.Argued February 22, 1972 April 7, 1972. Zoning — Equity — Adequate remedy at law — Constitutionality of ordinance — Burden of proof — Use of property — Total prohibition of use — Public welfare — Police power — Public purpose — Mobile […]

453 A.2d 696 Wallace Reimer v. Zoning Board of Adjustment of the City of Pittsburgh. City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1982 December 22, 1982. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Necessity for findings — Remand. 1. In a zoning case where […]

430 A.2d 701 Wagner Electric Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Mary R. Erdman, Respondents. Commonwealth Court of Pennsylvania.Argued April 9, 1981 June 10, 1981. Workmen’s compensation — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Burden of proof — Disease peculiar […]

713 A.2d 1187 JAMES E. HAGAN and MARY M. HAGAN v. EAST PENNSBORO TOWNSHIP, Appellant. JAMES E. HAGAN and MARY MARTHA HAGAN, a/k/a MARY M. HAGAN, his wife, Appellants, v. EAST PENNSBORO TOWNSHIP. Commonwealth Court of Pennsylvania.Argued April 13, 1998. Decided June 11, 1998. Appeal from The Cumberland County Court of Common Pleas, No. 2515 […]

819 A.2d 635 Overhead Door Company of Lewistown, Inc. and State Workers’ Insurance Fund, Petitioners v. Workers’ Compensation Appeal Board (Gill and Overhead Door Corporation, CNA Insurance/Transportation Insurance, and Insurance Company of Pennsylvania/AIG Claims Service), Respondents. No. 2329 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 7, 2003. Filed: March 21, 2003. Page 636 Mary T. Stark, […]

574 A.2d 728 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Helen M. WELLER, Administratrix of the Estate of Robert Charles Weller, Sr., Deceased, and Helen M. Weller, Individually, Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1990. Decided April 20, 1990. Rehearing Denied June 6, 1990. Appeal from the Common Pleas Court, Washington County, No. […]

455 A.2d 742 Centrum Prime Meats, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued June 11, 1982 February 4, 1983. Liquor licensing — Transfer — Scope of appellate review — Letters — Due process. 1. In a case involving a transfer of a liquor license, the scope of […]

395 A.2d 703 In Re: Return of Tax Sale by Indiana County Tax Claim Bureau. Frank W. Clawson, Louis Emanuel and the Indiana County Tax Claim Bureau, Appellants. Commonwealth Court of Pennsylvania.Argued November 3, 1978 January 3, 1979. Tax sale — Notice — Real Estate Tax Sale Law, Act 1947, July 7, P.L. 1368 — […]

501 A.2d 349 Urban Redevelopment Authority of Pittsburgh and Steve Catranel Construction Company, Inc. v. Marilyn A. Hackaday and the City of Pittsburgh. Steve Catranel Construction Company, Inc., Appellant. Urban Redevelopment Authority of Pittsburgh and Steve Catranel Construction Company, Inc. v. Marilyn A. Hackaday and the City of Pittsburgh. Urban Redevelopment Authority of Pittsburgh, Appellant. […]

480 A.2d 1310 Lycoming County v. Commonwealth of Pennsylvania, Department of Labor and Industry, Pennsylvania Labor Relations Board and District Council 86, AFL-CIO American Federation of State, County and Municipal Employees. American Federation of State, County and Municipal Employees, District Council 86, AFL-CIO, Appellant. Lycoming County v. Commonwealth of Pennsylvania, Department of Labor and Industry, […]

350 A.2d 899 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Russell Stanley, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 February 3, 1976. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Excessive absences. 1. An employe, discharged for excessive absences for which […]

510 A.2d 871 Mark B. Aronson, Appellant v. The City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued March 11, 1986 June 5, 1986. Class actions — Scope of appellate review — Taxation — Business privilege tax — Refund. 1. A trial court order granting or denying class certification will not be disturbed on appeal unless […]

816 A.2d 382 Gary English, Petitioner v. Commonwealth of Pennsylvania, Mark Schweiker, Governor, Commonwealth of Pennsylvania, Larry P. Williams, Secretary, Secretary of the Pennsylvania Department of Revenue, Commonwealth of Pennsylvania, Barbara Hafer, Treasurer of Commonwealth of Pennsylvania, and Allegheny County Council, County of Allegheny, Pennsylvania, Respondents No. 462 M.D. 2002Commonwealth Court of Pennsylvania.Submitted: November 8, […]

Isenberg v. Marion Center Area School District. No. 2685CD10.Commonwealth Court of Pennsylvania. July 15, 2011. Appeal from the Indiana County 11591 CD 2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Reversed and Remanded.

454 A.2d 195 In Re: Increasing Real Property Tax Revenues of Schuylkill County, Pennsylvania, for the Year 1981 etc. Schuylkill County Concerned Citizens et al., Appellants. Commonwealth Court of Pennsylvania.Argued November 17, 1982 December 22, 1982. Municipalities — Debt funding — Notice of proposed tax rate — Act of August 9, 1955, P.L. 323 — […]

Jennifer BURTON v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant. No. 1759 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs March 27, 2009. Decided: May 5, 2009. Appeal from the Court of Common Pleas, Allegheny County, No. SA 660-08, Gallo, Senior Judge. Page 474 Terrance M. Edwards, Asst. Counsel and Harold H. […]

363 A.2d 813 Jared A. Cooper With Boron Oil Company, a Corporation v. The City of Greensburg and The Zoning Officer of the City of Greensburg v. William B. Courtney and Elizabeth K. Courtney, His Wife; Harry Daniels; Rae M. Daniels; William T. Dom, III and Margaret B. Dom, His Wife; Elwood S. Baker and […]

410 A.2d 420 James C. Halloran, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, School District of Erie and Pennsylvania Manufacturers Association Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued December 5, 1979 January 31, 1980. Workmen’s compensation — Burden of proof — Availability of work. 1. In a workmen’s compensation case the burden is […]

641 A.2d 709 The CITY OF PHILADELPHIA, ex. rel. Judith E. HARRIS, City Solicitor of the City of Philadelphia, Petitioners, v. PENNSYLVANIA LABOR RELATIONS BOARD and Communications Workers of America, AFL-CIO, Respondents. Commonwealth Court of Pennsylvania.Argued December 17, 1993. Decided April 29, 1994. Appeal from the Pennsylvania Labor Relations Board (PLRB). Page 629 [EDITORS’ NOTE: […]

566 A.2d 365 COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. R. Charles THOMAS, Esquire, Defendant. Commonwealth Court of Pennsylvania.Reargued October 4, 1989. Decided November 20, 1989. Appeal from the Commonwealth Court, No. 1116 C.D. 1988, Palladino, J. Page 529 Jason W. Manne, Asst. Counsel, Pittsburgh, for plaintiff. R. Charles Thomas, Bozic and Thomas, […]

457 A.2d 197 West Bradford Township and Jack Hines, Appellants v. Strasburg Associates et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1982 March 17, 1983. Injunction — Scope of appellate review — Regulation of traffic — Zoning powers — Police powers. 1. Review by the Commonwealth Court of Pennsylvania of action of a lower […]

663 A.2d 873 COMMONWEALTH of Pennsylvania v. Brad FIGLEY and Marlene Figley. Appeal of Joseph and Pamela Eritano, Appellants. Commonwealth Court of Pennsylvania.Argued: June 8, 1995. Decided: August 16, 1995. Appeal from the Common Pleas Court, Allegheny County, No. 1974SA1993, Doyle, J. Elizabeth T. Stevenson, for appellants. Craig E. Frischman, for appellees. Before PELLEGRINI and […]