Category: Pennsylvania Commonwealth Court Opinions

673 A.2d 14 Thomas MOODY v. PHILADELPHIA HOUSING AUTHORITY and Police Officer McCole Badge No. 545. Appeal of Police Officer McCOLE, Appellant. (Two Cases.) Commonwealth Court of Pennsylvania.Argued February 6, 1996. Decided March 8, 1996. Appeal from Court of Common Pleas, No. 103 January Term, 1992, Philadelphia County, Herron, J. Page 15 [EDITORS’ NOTE: THIS […]

830 A.2d 636 Lynette Anderson, Petitioner v. Workers’ Compensation Appeal Board (Pennsylvania Hospital), Respondent. Pennsylvania Hospital, Petitioner v. Workers’ Compensation Appeal Board (Anderson), Respondent. No. 1341 C.D. 2002, 1402 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 2, 2003. Filed: August 15, 2003. Page 637 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

348 A.2d 502 Fraternal Order of Police, Conference of Pennsylvania Liquor Control Board Lodges, by James J. Lynch, President, and Norman F. Foran, Secretary, Trustees ad litem, Plaintiff v. The Honorable Milton J. Shapp, Governor of the Commonwealth of Pennsylvania, The Honorable Frank S. Beal, Secretary of Administration, Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, […]

John J. O’BRIEN v. LACKAWANNA COUNTY TAX CLAIM BUREAU. Appeal of: Santarelli Real Estate, Inc. Commonwealth Court of Pennsylvania.Submitted November 14, 2005. Decided December 20, 2005. Appeal from the Court of Common Pleas, Lackawanna County, No. 2004-Civil-4249, Cottone, Senior Judge. James P. Gregorowicz, Scranton, for appellant, Santarelli Real Estate, Inc. William F. Dunstone, Clarks Summit, […]

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 […]

515 A.2d 68 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Eric and Hazel M. Kemp, h/w, Appellees. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Eric and Hazel Kemp, h/w, Appellees. Commonwealth Court of Pennsylvania.Argued April 7, 1986 September 10, 1986. Eminent domain — De facto taking — Beneficial use and enjoyment — Residence […]

309 A.2d 459 Larry A. Lattanzio, Appellant v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1973 September 19, 1973. Unemployment compensation — Long hair — Freedom of speech — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Constitution of the United States, First […]

HOUGH/LOEW ASSOCIATES, INC. v. LIMERICK TOWNSHIP MUNICIPAL AUTHORITY. No. 2686CD04.Commonwealth Court of Pennsylvania. July 11, 2005. Appeal from Montgomery County 94-16404. Decision without published opinion. Affirmed.

683 A.2d 935 MT. MACRINA MANOR, INC. v. FAYETTE COUNTY BOARD OF ASSESSMENT APPEALS, Appellant. Commonwealth Court of Pennsylvania.Argued May 14, 1996. Decided October 7, 1996. Appeal from the Court of Common Pleas, Fayette County, No. 2255 of 1994, G.D., Soloman, J. Page 936 Robert L. Webster, Jr., Uniontown, for Appellant. Arthur J. Schwab, Pittsburgh, […]

807 A.2d 933 Michael A. Ainsworth, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing No. 1065 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 31, 2001. Filed: September 25, 2002. Appeal from the Court of Common Pleas, Northampton County, No. 1999-C-8867, Freedberg, P.J. Page 934 Leonard M. Mellon, Easton, for appellant. Timothy P. […]

693 A.2d 1018 Margaret R. CONNOLLY, Petitioner v. COMMONWEALTH of Pennsylvania, MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, and Thomas Callahan, Director, Medical Professional Liability Catastrophe Loss Fund, Respondents. Commonwealth Court of Pennsylvania.Argued April 8, 1997 Decided May 5, 1999 Michael R. Libor, Philadelphia, for petitioner. B. Craig Black, Harrisburg, for respondents. Page 1019 Before PELLEGRINI […]

503 A.2d 488 Mark Timothy Winters, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 17, 1986. Parole — Revocation — Ineffective assistance of counsel — Quash — Due process — Equal protection — 42 Pa. C. S. § 2501(a) — Withdrawal — Counsel — Continuance — […]

852 A.2d 428 Alliance Home of Carlisle, Pa. t/a Chapel Pointe, Appellant v. Board of Assessment Appeals, Carlisle Area School District, Borough of Carlisle, and Cumberland County. No. 595 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: March 31, 2004. Filed: June 15, 2004. Page 429 Steven T. Hanford, Harrisburg, for appellant. Thomas E. Flower, Carlisle, for appellees. […]

Gene SCOTT, Appellant v. CITY OF PITTSBURGH and University of Pittsburgh. Commonwealth Court of Pennsylvania.Submitted on Briefs March 10, 2006. Decided July 19, 2006. Appeal from the Court of Common Pleas, Allegheny County, No. GD 02-8239, Friedman, J. Page 111 Joseph J. Chester, Pittsburgh, for appellant. George R. Specter, Pittsburgh, for appellee, City of Pittsburgh. […]

692 A.2d 1160 Benjamin GRIBBLE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CAMBRIA COUNTY ASSOCIATION FOR THE BLIND), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 14, 1997. Decided April 22, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A95-0424. Page 1161 Richard J. Russell, Johnstown, for petitioner. Richard L. Muchow, Pittsburgh, for respondent. Before […]

431 A.2d 380 John W. Heffelfinger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. United States Postal Service, Intervening Party Respondent. Commonwealth Court of Pennsylvania.Argued June 1, 1981 July 1, 1981. Unemployment compensation — Willful misconduct — Circumstantial evidence. 1. In an unemployment compensation case, circumstantial evidence, if substantial, is sufficient to […]

296 A.2d 280 Seitz, et ux. v. Commonwealth. Commonwealth Court of Pennsylvania.Argued October 3, 1972 October 27, 1972. Eminent domain — Damages — Highways — Release — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Preliminary objections — Appointment of Board of Viewers — Evidence — Depositions. 1. Where all compensable damages […]

339 A.2d 912 Columbia Gas Transmission Corporation, Appellant, v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued January 6, 1975 June 6, 1975. Taxation — Excise tax — Foreign corporations — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Property within the Commonwealth — Interference with interstate commerce — Constitution of […]

321 A.2d 394 Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Charles E. Castillo and Patricia A. Castillo, Appellees. Commonwealth Court of Pennsylvania.Argued June 4, 1974 June 26, 1974. Eminent domain — De facto taking — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Negligent maintenance of property — Trespass. 1. A […]

415 A.2d 985 J. Karen Arnold, Appellant v. Pittsburgh Board of Public Education, Appellee. Commonwealth Court of Pennsylvania.Argued May 9, 1980 June 24, 1980. Schools — Resignation of temporary professional employe — Hearing — Local Agency Law, 2 Pa. C.S. § 551 — Conflicting evidence — Substantial evidence — Relevance. 1. Questions of credibility and […]

426 A.2d 707 Ringgold School District, Appellant v. Charles J. Abramski, Appellee. Commonwealth Court of Pennsylvania.Argued November 19, 1980 February 20, 1981. Schools — Coach contract — Consistency with collective bargaining agreement — Unfair labor practice — Arbitration — Novation — Breach of contract — Mitigation of damages. 1. A contract executed by a school […]

815 A.2d 1141 AMP INCORPORATED, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. No. 837 F.R. 1998.Commonwealth Court of Pennsylvania.Argued: September 9, 2002. Filed: October 24, 2002. Order Filed: December 27, 2002. ORDER AND NOW, this 27th day of December, 2002, it is ORDERED that the above-captioned opinion filed October 24, 2002 shall be designated OPINION rather […]

411 A.2d 904 Louis Festa, Appellant v. Derry Township, Appellee. Commonwealth Court of Pennsylvania.Argued December 3, 1979 February 11, 1980. Public officials — Township roadmaster — Report of auditor — The Second Class Township Code, Act 1933, May 1, P.L. 103 — Statutory remedy — Judicial Code, 42 Pa. C.S. § 708. 1. A challenge […]

400 A.2d 1387 Richard E. Sharvy, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 May 11, 1979. Unemployment compensation — Computation of benefits — Wages — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Grant from National Endowment for the Humanities — […]

382 A.2d 487 Billy Berry, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Edison J. Eby, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Mike Hryhorchuk et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1977 February 9, […]

Dale RISKER, Chester Risker and Ethel Risker v. SMITH TOWNSHIP ZONING HEARING BOARD and Smith Township. Appeal of: Smith Township. Commonwealth Court of Pennsylvania.Argued October 17, 2005. Decided November 21, 2005. Appeal from the Court of Common Pleas, Washington County, No. 2004-946, Pozonsky, J. Page 728 Lane M. Turturice, Washington, for appellant, Smith Township. William […]

749 A.2d 566 EXTENDED CARE CENTERS, INC., d/b/a LAKE ERIE INSTITUTE OF REHABILITATION, a Pennsylvania Corporation v. COUNTY OF ERIE, CITY OF ERIE, SCHOOL DISTRICT OF THE CITY OF ERIE, BOARD OF ASSESSMENT APPEALS OF THE COUNTY OF ERIE LAKESIDE HEALTH CORPORATION, d/b/a GREAT LAKES REHABILITATION HOSPITAL, a Pennsylvania Corporation v. COUNTY OF ERIE, CITY […]

403 A.2d 1022 The General State Authority, Plaintiff v. The Sutter Corporation and Certain-Teed Products Corporation, Defendants; Dunmore Roofing Supply Co. et al., Additional Defendants. Commonwealth Court of Pennsylvania.Argued December 4, 1978 July 10, 1979. Public contracts — Joinder of additional defendants — Pa. R.C.P. Nos. 1019 and 2252 — Specificity — Bond — Suretyship […]

542 A.2d 1062 William J. Ulbrich, Petitioner v. Workmen’s Compensation Appeal Board (Higgins Erectors), Respondents. Commonwealth Court of Pennsylvania.Argued March 24, 1988. June 14, 1988. Workers’ compensation — Credibility — Power of Workmen’s Compensation Appeal Board — Substantial evidence — Medical testimony. 1. In a workers’ compensation case questions of credibility are for the referee, […]

Thurston WELLS, Jr., a minor, by Sheree Wells, his natural parent and guardian v. HARRISBURG AREA SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 2005. Decided October 12, 2005. Appeal from the Court of Common Pleas, Dauphin County, No. 4504 S 2000, Clark, Jr., J. Page 947 Ann Margaret Grab, York, for appellant. Scott […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. ROSENFELD. No. 860CD05.Commonwealth Court of Pennsylvania. October 20, 2005. Appeal from Philadelphia County, 3150 July Term 2004. Decision without published opinion. Vacated and Remanded Page 341

719 A.2d 1121 EDWIN and RUTH DAVIS, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, Respondent Commonwealth Court of Pennsylvania.Submitted on Briefs August 28, 1998. Decided October 27, 1998. Appeal from Board of Finance and Revenue, No. 9561174. No appearance entered on behalf of petitioners. Lola A. Kulick, Harrisburg, for respondent. Before McGINLEY, and PELLEGRINI, JJ., and LORD, […]

553 A.2d 1053 Raphael Balthazar, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellee. Commonwealth Court of Pennsylvania.Submitted on briefs November 16, 1988. February 15, 1989. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Burden of proof — Comprehension of English — Credibility — […]

428 A.2d 1038 David Clark, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1981 May 1, 1981. Unemployment compensation — Willful misconduct — Consciousness. 1. In unemployment compensation cases, willful misconduct is defined as an act of wanton or willful disregard of the employer’s interest, a […]

649 A.2d 198 HAB INDUSTRIES, INC., Appellant, v. CITY OF ALLENTOWN. Commonwealth Court of Pennsylvania.Argued September 19, 1994 Decided October 20, 1994. Petition for Allowance of Appeal Discontinued February 27, 1995. Appeal from the Common Pleas Court, Lehigh County, No. 90-C-1325, Young, J. Page 152 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

534 A.2d 571 Barbara McConnell, Petitioner v. Workmen’s Compensation Appeal Board (Western Center), Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1987. December 8, 1987. Workmen’s compensation — Scope of appellate review — Burden of proof — Psychological issues — Reasonable contest. 1. In a workmen’s compensation case, the scope of review of the Commonwealth Court […]

565 A.2d 857 Elena TORRES, Widow of Candido Torres, Deceased Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MODERN MUSHROOM FARM, INC.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 1, 1989. Decided November 3, 1989. Appeal from the Commonwealth Court, No. 2783 C.D. 1987, Smith, J. Page 373 Albert Bartolomeo, Bartolomeo Associates, Philadelphia, for petitioner. David […]

563 A.2d 598 Susan DiJOSEPH, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (ST. CHRISTOPHER’S HOSPITAL FOR CHILDREN), Respondents. ST. CHRISTOPHER’S HOSPITAL FOR CHILDREN, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (DiJOSEPH), Respondents. Commonwealth Court of Pennsylvania.Argued June 9, 1989. Decided: August 30, 1989. Reargument Denied November 9, 1989. Appeal from the Workmen’s Compensation Appeal Board. Page 360 […]

408 A.2d 572 Peter T. DeMarco, M.D., Petitioner v. Commonwealth of Pennsylvania, State Board of Medical Education and Licensure, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1979 December 4, 1979. Physicians — Revocation of license to practice medicine — Medical Practice Act of 1974, Act 1974, July 20, P.L. 551 — Scope of appellate review […]

471 A.2d 944 Utility Constructors, Inc. v. The Zoning Hearing Board of Sadsbury Township et al. Conneaut Lake Area Homeowners Association, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1983 February 28, 1984. Argued October 3, 1983, before President Judge CRUMLISH, JR. and Judges BARRY and BARBIERI, sitting as a panel of three. Appeal, No. 2148 […]

309 A.2d 842 United States Steel Corporation, Appellant v. Workmen’s Compensation Appeal Board and Robert Engster, Appellees. Commonwealth Court of Pennsylvania.Argued September 14, 1973 October 10, 1973. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Liberal construction — Burden of proof — Personal assault — Failure to […]

METRO OUTDOOR, LLC v. ZONING HEARING BOARD OF THE CITY OF CHESTER. Nos. 1488CD05, 1489CD05.Commonwealth Court of Pennsylvania. December 13, 2005. Appeal from Delaware County 04-735, 03-9722. Decision without published opinion. Affirmed.

448 A.2d 106 Stanwix Parking, Inc., Appellant v. City of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 4, 1982 July 27, 1982. Argued May 4, 1982, before President Judge CRUMLISH, JR., and Judges ROGERS, BLATT, CRAIG and MacPHAIL. Appeal, No. 37 C.D. 1981, from the Order of the Court of Common Pleas of […]

408 A.2d 195 Solomon Barnett, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 1, 1979 November 20, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Falsification of background information on application — Offenses involving dishonesty — Larceny […]

M.B. INVESTMENTS, A Pennsylvania General Partnership, and Vaughn Spencer, Michael Schorn, Angel Figueroa, and Dennis Sterner, in their capacities as City Council Members and Taxpayers of the City of Reading, Appellants v. Thomas W. McMAHON, Mayor of the City of Reading and Jeffrey Waltman, Marcia Goodman-Hinnershitz, and Donna Reed. Commonwealth Court of Pennsylvania.Submitted on Briefs […]

Silver v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 1119CD06.Commonwealth Court of Pennsylvania. February 6, 2007. Appeal from the Montgomery County 05-13558. Decisions Without Published Opinions. Affirmed.

437 A.2d 1044 United States Steel Corporation, a corporation, Petitioner v. The Honorable Nicholas P. Papadakos, Judge of The Court of Common Pleas of Allegheny County, Respondent. Commonwealth Court of Pennsylvania. December 11, 1981. Judges — Recusal — Mandamus — Discretion — Pennsylvania Rule of Appellate Procedure 1311 — Judicial Code 42 Pa. C. S. […]

856 A.2d 253 Michael A. DeRiggi, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2806 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 11, 2004. Filed: July 29, 2004. Page 254 David A. Presser, Pittsubrgh, for petitioner. Margaret M. Hock, Pittsburgh, for respondent. BEFORE: PELLEGRINI, Judge, COHN, Judge, FLAHERTY, Senior Judge. OPINION BY Senior Judge FLAHERTY. […]

648 A.2d 366 LAKE HOMES, INC., Appellant, v. Phyllis E. HESSER, Individually and as President of Pine Grove Borough Council, Borough of Pine Grove, John Malinoski, and Laura Nahas v. SCHUYLKILL ASSOCIATES. Commonwealth Court of Pennsylvania.Argued April 11, 1994. Decided September 15, 1994. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1976-1991, Dolbin, […]

756 A.2d 147 LOWER SOUTHAMPTON TOWNSHIP v. MARGARET DIXON and JOSEPH DIXON, Appellants. No. 1165 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: May 15, 2000. Filed: July 17, 2000. Page 148 Joseph M. Adams, Doylestown, for appellants. Catherine Ann Porter, Newtown, for appellee. Before: Honorable Joseph T. Doyle, President Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph […]

548 A.2d 711 Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Russell Standard Corporation et al., Defendants. Commonwealth Court of Pennsylvania.Argued May 27, 1988. October 18, 1988. Highways — Summary judgment — Construction contract — Insurance. 1. Summary judgment may be granted if the pleadings, depositions, answers to interrogatories and admissions on file, together with […]

629 A.2d 272 W.C. McQUAIDE, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued March 29, 1993. Decided July 21, 1993. Appeal from the Public Utility Commission (PUC), No. A-00084290C911, F.2. Page 250 David H. Radcliff, for petitioner. R. Knickerbocker Smith, Jr., Asst. Counsel, for respondent. Before SMITH and KELLEY, JJ., and LORD, […]

432 A.2d 643 Dennis M. Hussar, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent; Volkswagen of America, Inc., Intervenor. Commonwealth Court of Pennsylvania.Argued May 8, 1981 July 23, 1981. Unemployment compensation — Remand — Discretion — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Sequestration of witnesses — […]

538 A.2d 617 Vital Signs Institute, Inc. and Continental Insurance Co. Underwriters Adjusting Co., Petitioners v. Workmen’s Compensation Appeal Board (Burke and Humetrics Corporation and Aetna Life Casualty Company), Respondents. Commonwealth Court of Pennsylvania. March 1, 1988. Workers’ compensation — New injury — Aggravation — Causation — Medical evidence — Medical reports — Hearsay — […]

550 A.2d 261 Patricia A. Bradley, Appellant v. Pennsylvania Turnpike Commission and Denise Ucci, Appellees. Commonwealth Court of Pennsylvania.Argued June 15, 1988. November 10, 1988. Turnpike Commission — Sovereign immunity — Independent corporation — Trespass — Dangerous condition — Demurrer — Scope of review — Commonwealth parties — Commonwealth agencies — Business invitee — Wild […]

632 A.2d 9 Mary T. ECKERT v. Victor C. QUERRY and the Pennsylvania Department of Transportation (Three Cases). Appeal of PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellant (Three Cases). Commonwealth Court of Pennsylvania.Argued June 14, 1993. Decided September 13, 1993. Reargument Denied November 5, 1993. Appeal from the Common Pleas Court of Blair County, No. 88 CP […]

669 A.2d 492 CITY OF PITTSBURGH, DEPARTMENT OF PUBLIC WORKS v. Roderick FOSTER. Appeal of CITY OF PITTSBURGH, Appellant. Commonwealth Court of Pennsylvania.Argued November 13, 1995. Decided December 29, 1995. Appeal from the Common Pleas Court, Allegheny County, No. S.A. 26-94, Watson, J. Page 493 Marianne S. Malloy, Assistant City Solicitor, for appellant. Michael H. […]

536 A.2d 509 Koppers Company, Inc., and Travelers Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Boyle et al.), Respondents. Commonwealth Court of Pennsylvania.Argued October 6, 1987. January 28, 1988. Workers’ compensation — Silicosis — Responsible employer — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Medical testimony — Substantial […]

MERION PUBLICATIONS, INC., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 2005. Decided January 11, 2006. Page 437 David M. Kuchinos, Philadelphia, for petitioner. Kevin A. Moury, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: COLINS, President Judge, and LEADBETTER, Judge, and McCLOSKEY, Senior Judge. OPINION BY Judge LEADBETTER. Petitioner Merion […]

459 A.2d 873 Wilkins Township et al., Appellants v. Organ Grinder Pizza Parlor, Inc., a corporation et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 3, 1983 May 9, 1983. Municipalities — Driveway permit — New facts — Moot questions — Remand. 1. When new facts are presented at the appellate level in a case involving […]

579 A.2d 452 HARBOR CREEK SCHOOL DISTRICT and Millcreek Township School District v. CITY OF ERIE and Carl Cannavino, City Treasurer (Two Cases). Appeal of MILLCREEK TOWNSHIP SCHOOL DISTRICT (Two Cases). Commonwealth Court of Pennsylvania.Argued February 5, 1990. Decided August 17, 1990. Petition for Allowance of Appeal Denied January 4, 1991. Appeal from the Common […]

730 A.2d 1054 FRANK KOLENKIEWICZ, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SKF USA, INC.), Respondent. No. 2496 C.D. 1998Commonwealth Court of Pennsylvania.Submitted January 15, 1999. Filed May 27, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-1034. Page 1055 Debra A. Jensen and Kelly F. Melcher, Philadelphia, for petitioner. Michael J. McCadden, Philadelphia, for […]

Irwin A. POPOWSKY, Consumer Advocate, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. No. 255 C.D. 2006Commonwealth Court of Pennsylvania.Argued December 13, 2006. Decided February 20, 2007. Appeal from the review of order of Public Utility Commission, Nos. A-310580F0009, A-310752F0006, A-310364F0003, A-312025F0005, A-310407F0003, A-310401F0006. Page 381 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

403 A.2d 153 In the Matter of the Revocation of Distributor License No. D-1970, Issued To Richland Distributors, Inc., 1728 Bedford Street, Johnstown, Pennsylvania, 15902. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued May 10, 1979 June 22, 1979. Pennsylvania Liquor Control Board — Violation of Liquor Code, Act 1951, April […]

465 A.2d 1331 Joseph J. Warnas, Petitioner v. Workmen’s Compensation Appeal Board (Southeastern Pennsylvania Transportation Authority, Known as SEPTA), Respondents. Commonwealth Court of Pennsylvania. October 6, 1983. Workmen’s compensation — Petition to set aside final receipt — Burden of proof — Capricious disregard of competent evidence — Credibility. 1. A claimant seeking to set aside […]

281 A.2d 170 Gibbs v. Civil Service Commission. Commonwealth Court of Pennsylvania.Argued April 21, 1971 August 31, 1971. State Civil Service Commission — Scope of appellate review — Civil Service Act, Act 1941, August 5, P. L. 752 — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Abuse of discretion — Error […]

535 A.2d 261 Elias N. Kassouf, Appellant v. Zoning Hearing Board of Scott Township, and Township of Scott, Appellees. Commonwealth Court of Pennsylvania.Argued October 8, 1987. December 24, 1987. Zoning — Variance — Scope of appellate review — Topography. 1. In a zoning variance case, when the trial court takes no additional evidence, the scope […]

6 A.3d 663 ERIE SPORTS BAR, INC. t/a Coach’s Sports Bar Grill v. PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant. No. 1562 C.D. 2008.Commonwealth Court of Pennsylvania.Argued April 19, 2010. Decided October 21, 2010. Appeal from the Court of Common Pleas, Erie County, No. MD-208-2008, Connelly, J. Page 664 Nadia L. Vargo, Asst. […]

404 A.2d 760 Phyllis A. Carney, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Homer C. Floyd, Executive Director, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1979 August 9, 1979. Human relations — Sex discrimination — Discrimination in employment — Preliminary objections — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — […]

528 A.2d 1045 In Re: Appeal of Arthur Shore From the Decision of the Board of Supervisors of Solebury Township Denying Request for Curative Amendment. Arthur Shore, Appellant. Commonwealth Court of Pennsylvania.Argued June 8, 1987. July 22, 1987. Zoning — Exclusionary zoning — Total exclusion — Mobile homes — Fair share analysis — Site suitability. […]

379 A.2d 1060 Nicholas Sclufer v. Plymouth Township, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1977 November 16, 1977. Zoning — Subdivision plan — Ordinance requirements — Pennsylvania Municipalities Planning Code, 1968, July 31, P.L. 805 — Specificity of denial of application — Unpublished plan requirements. 1. A. subdivision plan cannot be disapproved by a […]

347 A.2d 336 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania, Appellee v. Edward Walto, Appellant. Commonwealth Court of Pennsylvania.Submitted on briefs October 10, 1975. November 7, 1975. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. An employe who appears for work smelling of […]

643 A.2d 1152 In re SWARTHMORE COLLEGE From the decision of the Board of Assessment Appeals of the County of Delaware in connection with Premises at 550 Elm Avenue 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, Appellant. […]

422 A.2d 1209 Fairview Water Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1980 December 3, 1980. Public utilities — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Cost of providing new service — Rate of […]

425 A.2d 1206 Tillman Gill and Virginia Gill, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Terry Norton, Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1981 February 27, 1981. Workmen’s compensation — Burden of proof — Scope of appellate review — Casual employment. 1. A workmen’s compensation claimant has the burden of proving […]

408 A.2d 159 Jeri and Anthony Mistecka, Wife and Husband, Plaintiffs v. Commonwealth of Pennsylvania, Defendant. Sherley M. Davis et al., Plaintiffs v. James Wilson, on behalf of Pennsylvania Department of Transportation et al., Defendants. Commonwealth Court of Pennsylvania.Argued March 22, 1979 October 1, 1979. Sovereign immunity — Act of 1978, September 28, P.L. 788 […]

451 A.2d 799 Ralph Walzer and Katherine Walzer, Parents of Robert Walzer, Deceased, Petitioners v. Workmen’s Compensation Appeal Board (Globe Security, Inc. and Security Insurance Group), Respondents. Commonwealth Court of Pennsylvania.Argued May 7, 1982 October 27, 1982. Workmen’s compensation — Dependency — Burden of proof — Credibility — Contributions to household — Expenses of household. […]

Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles v. Whiten. No. 2473 C.D. 10.Commonwealth Court of Pennsylvania. August 2, 2011. Appeal from the Philadelphia County 4773 August Term 2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Reversed.

565 A.2d 1246 PHILADELPHIA ELECTRIC COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1989. Decided November 13, 1989. Appeal from the Commonwealth Court, No. 312 C.D. 1989, Doyle, J. Page 418 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

530 A.2d 1025 Alan J. Novitski, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. September 9, 1987. Parole — Computation of backtime — Escape — Technical parole violator. 1. The criminal conduct of escaping from a county prison and the technical parole violation conduct of absenting oneself […]

544 A.2d 1135 Roger Thelin, an individual citizen, Appellant v. Borough of Warren, a municipal corporation, Appellee. Commonwealth Court of Pennsylvania.Argued May 24, 1988. August 3, 1988. Municipalities — Mandamus — Scope of appellate review — Pensions — Vesting. 1. Mandamus is an extraordinary remedy, and the right thereto is available only after a showing […]

387 A.2d 974 David B. Smith, Appellant v. Richland School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 4, 1978 June 19, 1978. Schools — Suspension of professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Ratings — Seniority — Due process — Commingling prosecutorial and adjudicative functions — Effective […]

842 A.2d 485 Herbert L. Joseph, II, Appellant v. Allegheny County Airport Authority. No. 1044 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: September 12, 2003. Filed: February 10, 2004. Page 486 Herbert L. Joseph, II, Pittsburgh, for appellant. David E. Holliday, Pittsburgh, for appellee. BEFORE: FRIEDMAN, Judge; COHN, Judge; McCLOSKEY, Senior Judge. OPINION BY JUDGE FRIEDMAN. Herbert […]

438 A.2d 660 Toni Bush, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Consolidation Coal Co., Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1981 December 18, 1981. Workmen’s compensation — Termination petition — Burden of proof — Scope of appellate review. 1. In a proceeding to terminate workmen’s compensation benefits, the employer has […]

443 A.2d 1357 American Federation of State, County and Municipal Employees, Local Union 757, AFL-CIO, Appellant v. City of Butler, Appellee. Commonwealth Court of Pennsylvania.Argued: October 6, 1981 April 15, 1982. Labor law — Bargaining unit — CETA employes — Contract interpretation — Timeliness of grievance — Power of arbitrator — Procedural issues. 1. CETA […]

658 A.2d 492 BERMAN PROPERTIES, INC., Appellant, v. DELAWARE COUNTY BOARD OF ASSESSMENT AND APPEALS and County of Delaware and Township of Upper Chichester and Chichester School District. Commonwealth Court of Pennsylvania.Argued February 9, 1995. Decided May 3, 1995. Appeal from the Common Pleas Court, Delaware County, No. 91-18705, Cronin, J. Donald J. Weiss, for […]