Category: Pennsylvania Commonwealth Court Opinions

509 A.2d 910 Barnet Roetenberg, Petitioner v. Commonwealth of Pennsylvania, Office of Budget, Respondent. John S. Woelfl, Petitioner v. Commonwealth of Pennsylvania, Office of Budget, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1986 May 19, 1986. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of […]

582 A.2d 55 TRI-STATE ASPHALT CORPORATION, Petitioner, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania. Decided October 5, 1990. Heard October 4, 1990. Designated as Opinion to be Reported October 31, 1990. Page 411 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

351 A.2d 696 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Betty Jean Wiggins, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 February 9, 1976. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Violation of rules — Failure to account for cash. 1. […]

956 A.2d 1052 YORK CITY REDEVELOPMENT AUTHORITY OF the CITY OF YORK v. OHIO BLENDERS, INC., Appellant. No. 358 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: June 11, 2008. Decided: September 8, 2008. Appeal from the Court of Common Pleas, York County, No. 2006-SU-1582-Y01, Uhler, J. Page 1053 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

550 A.2d 852 Carol Ann Pomeren, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1988. November 23, 1988. Immunity — Appellate decisions — Recreation Use of Land and Water Act, Act of February 2, 1966, P.L. (1965) 1860 — Hiking trail. 1. Appellate decisions are retrospective unless […]

474 A.2d 66 June Walters and Robert L. Walters, Appellants v. Commonwealth of Pennsylvania, Department of Transportation et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 12, 1984 April 11, 1984. Motor vehicles — Uninsured vehicle — Sovereign immunity — Tort. 1. The fact that the Pennsylvania Department of Transportation has the authority and duty to […]

604 A.2d 1135 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. John CERN, III, Appellee. Commonwealth Court of Pennsylvania.Argued November 22, 1991. Decided February 24, 1992. Appeal from the Common Pleas Court, Bucks County, No. 90-006184-19-1, Susan Devlin Scott, J. Page 648 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

473 A.2d 1141 Frank J. Nascone et al., Appellants v. Ross Township Zoning Hearing Board et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 3, 1983 April 11, 1984. Zoning — Development plan — Scope of appellate review. 1. In a zoning case involving the denial of development plan approval, when the court of common pleas […]

756 A.2d 1179 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellant v. TROY BEAM. No. 3241 C.D. 1999Commonwealth Court of Pennsylvania.Argued: May 17, 2000. Filed: June 20, 2000. Page 1180 Steven I. Roth, Harrisburg, for appellant. Lee A. Stivale, Springfield, for appellee. Before: Honorable Doris A. Smith, Judge; Honorable Dan Pellegrini, Judge; Honorable Samuel L. Rodgers, […]

808 A.2d 611 Richard Lee Fetter, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 720 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: August 2, 2002. Filed: October 10, 2002. Page 612 David Crowley, Bellefonte, for petitioner. Robert A. Greevy, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Doris A. Smith-Ribner, Judge; Honorable […]

492 A.2d 761 Sarah Capanna, Administratrix of the Estate of Edward J. McGuigan, Jr., Deceased, Appellant v. City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued December 11, 1984 May 20, 1985. Tort — Governmental immunity — Philadelphia — Police officers. 1. The City of Philadelphia has waived immunity in actions where bodily injury or death […]

323 A.2d 405 Glen Irvan Corporation and Old Republic Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Donald L. Bowman and Ruth Bowman, Parents of James R. Bowman, Deceased, Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1974 August 2, 1974. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights […]

532 A.2d 1226 Edward J. Kelly, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 27, 1987. Unemployment compensation — Extended Benefits — Federal Supplemental Compensation — Out-of-state benefits — Recoupment — Method of recoupment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. […]

617 A.2d 846 BROWNING-FERRIS INDUSTRIES OF PENNSYLVANIA, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (JONES), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 21, 1992. Decided November 18, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A89-976. Page 530 John F. Hooper, for petitioner. Francis J. Scott, for respondent. Before CRAIG, President Judge, and […]

555 A.2d 270 William S. Gratta, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Richard Wilson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Barry Sichi, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Vincent F. Pascarella, John Coleman, Jr. and Francine K. Miceli, et al., […]

447 A.2d 700 Jeannette Everett, Petitioner v. Workmen’s Compensation Appeal Board (Keebler Company), Respondents. Commonwealth Court of Pennsylvania.Argued March 1, 1982 July 16, 1982. Workmen’s compensation — Petition to terminate — Burden of Proof — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence […]

330 A.2d 561 St. Joseph Hospital, Appellant, v. Pennsylvania Labor Relations Board of the Commonwealth of Pennsylvania, Appellee, and Pennsylvania Nurses Association, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued October 9, 1974 December 27, 1974. Labor — Unfair labor practice — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Pennsylvania Labor Relations Board […]

505 A.2d 632 Bethlehem Steel Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Turjak), Respondents. Commonwealth Court of Pennsylvania. March 3, 1986. Workmen’s compensation — Final receipt. 1. A workmen’s compensation claimant’s own testimony can support a finding that the claimant was still disabled at the time he signed the final receipt when it is obvious […]

Troxell v. East Penn Township. Nos. 2490CD09, 2491CD09, 2492CD09, 2493CD09.Commonwealth Court of Pennsylvania. January 5, 2011. Appeal from the Carbon County 08-1361 08-1362 08-1360 07-3659. Decisions Without Published Opinions Affirmed.

Polites v. Strath Haven Condominium Association. No. 158 C.D. 11.Commonwealth Court of Pennsylvania. August 25, 2011. Appeal from the Delaware County 09-008730. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

656 A.2d 150 GLENDON ENERGY COMPANY, Appellant, v. The BOROUGH OF GLENDON, Glendon Borough Council. Commonwealth Court of Pennsylvania.Argued October 4, 1994. Decided February 24, 1995. Reargument Denied April 28, 1995. Appeal from the Common Pleas Court, Northampton County, No. 1992-C-5953, Moran, J. Page 151 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

334 A.2d 783 Forrest L. Whiteman, Appellant, v. Workmen’s Compensation Appeal Board, 7-Up Bottling Company and Liberty Mutual Insurance Company, Insurance Carrier, Appellees. Commonwealth Court of Pennsylvania.Argued February 7, 1975 March 24, 1975. Workmen’s compensation — Request for rehearing — Scope of appellate review — Abuse of discretion — The Pennsylvania Workmen’s Compensation Act, Act […]

706 A.2d 1297 DWAYNE WYCHE, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (PIMCO) Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 24, 1997. Decided March 11, 1998. Appealed from an order of the Workers’ Compensation Appeal Board, No. A95-1488, Doyle, J. Stephanie R. Coleman, Philadelphia, for petitioner. Lisa D. Eldridge, Philadelphia, for respondent. Before DOYLE, and […]

386 A.2d 1040 Larry Fiorelli and John Curren, Appellants v. City of Chester. Commonwealth Court of Pennsylvania.Argued April 5, 1978 May 17, 1978. Policemen and firemen — Collective bargaining agreement — Arbitration award — Payment of attorney fees — The Third Class City Code, Act 1931, June 23, P.L. 932 — Act of 1968, June […]

322 A.2d 157 John H. Kretzler and Brian S. Kording, Appellants, v. Ohio Township, Appellee. Commonwealth Court of Pennsylvania.Argued November 9, 1973 July 16, 1974. Policemen and firemen — Demotion of police officer — Act of 1951, June 15, P. L. 586 — Notice of charges — Public hearing — Statutory amendments — Legislative intent […]

547 A.2d 506 Robert R. Cassella, M.D., Petitioner v. Commonwealth of Pennsylvania, State Board of Medicine, Bureau of Professional and Occupational Affairs, Respondent. Commonwealth Court of Pennsylvania.Argued May 24, 1988. September 14, 1988. Occupational licensing — Physicians — Health Care Services Malpractice Act, Act of October 15, 1975, P.L. 390 — Sanctions — Hearing. 1. […]

849 A.2d 300 John Delaney v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 2734 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 2, 2004. Filed: May 11, 2004. Page 301 Timothy P. Wile, Harrisburg, for appellant. James W. Flood, Norristown, for appellee. BEFORE: FRIEDMAN, Judge; LEADBETTER, Judge; KELLEY, Senior Judge. OPINION BY […]

367 A.2d 338 Nekodie Mudd, Anthony P. Preziosi and Joseph J. Vranich v. Borough of Rankin, Matthew L. J. Furjanic, Mayor, Charles Zezza, Samuel T. Roy, William H. Price, Ralph Rocco, Thomas E. Vilaj, George Tishko and George Fedak, Members of Council. Nekodie Mudd et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 29, 1976 December […]

423 A.2d 64 Kenneth J. Humanic, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1980 December 18, 1980. Unemployment compensation — Availability for work — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Absence from work area. 1. The burden is upon […]

316 A.2d 127 The Pennsylvania Turnpike Commission, Petitioner, v. Sanders Thomas, Inc., Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1973 March 11, 1974. Public contracts — Sovereign immunity — Constitution of Pennsylvania, Article I, Section 11 — Act of 1937, May 20, P. L. 728 — Arbitration — Act of 1927, April 25, P. L. […]

454 A.2d 227 George Jerokovitch, Petitioner v. Workmen’s Compensation Appeal Board (Gateway Coal Co.), Respondents. Commonwealth Court of Pennsylvania.Argued October 6, 1982 January 13, 1983. Workmen’s compensation — Scope of appellate review — Medical testimony. 1. It is for the referee in workmen’s compensation cases to determine the credibility and weight of the evidence, and […]

426 A.2d 249 Cambria County Commissioners and Pennsylvania Manufacturers’ Association Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Michael J. Bradley, Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 11, 1981. Workmen’s compensation — Power of Workmen’s Compensation Appeal Board — Petition to set aside final receipt — Findings of […]

874 A.2d 177 WHITE v. ASSOCIATES IN COUNSELING AND CHILD GUIDANCE.[2] No. 1944CD04.Commonwealth Court of Pennsylvania. April 13, 2005. [2] Reconsideration Denied June 16, 2005. Appeal from the Mercer County 2004-606. Decision without published opinion. Affirmed.

669 A.2d 447 LICENSED BEVERAGE ASSOCIATION OF PHILADELPHIA and FJB Enterprises, Inc. and H J McNally’s Tavern, Inc. and George Minnich and Paul Cavanaugh and Joanne Niedosik and Joyce DiPasquale, Appellants, v. BOARD OF EDUCATION OF the SCHOOL DISTRICT OF PHILADELPHIA and City of Philadelphia Law Department. Commonwealth Court of Pennsylvania.Argued October 18, 1995. Decided […]

312 A.2d 494 Price-Jeffries Co., Inc., Appellant, v. Harry M. Tillman and Barbara J. Tillman, Appellees. Commonwealth Court of Pennsylvania.Argued October 4, 1973 November 30, 1973. Taxation — Tax sale — Notice — Act of 1931, May 29, P. L. 280 — Strict compliance — Advertisement — Owner — Tenancy by the entireties-Description of property. […]

477 A.2d 930 American Federation of State, County and Municipal Employees, District Council 84 etc., Petitioner v. Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania. July 11, 1984. Labor — Unfair labor practice — Refusal to bargain — Court employes — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Supervisory […]

458 A.2d 313 John T. Mitchell, Jr., Petitioner v. Workmen’s Compensation Appeal Board (Townsend Bottum, Inc.), Respondents. Commonwealth Court of Pennsylvania. April 13, 1983. Workmen’s compensation — Causation — Unequivocal medical testimony — Hypothetical question. 1. In a workmen’s compensation case where there is no obvious causal connection between a claimant’s disability and his employment, […]

495 A.2d 665 Board of School Directors of the Chester-Upland School District, Appellant v. Denise Ashby et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1985 July 16, 1985. Schools — Suspension of teachers — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Realignment of staff — Statutory construction. 1. […]

501 A.2d 1169 Madeleine Allen, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 10, 1985. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Health problems — Evidence — Notice to employer — Burden of proof — Constructive notice. 1. An applicant seeking […]

732 A.2d 696 JAMES TIEDEMAN MARY TIEDEMAN, h/w, Appellants v. CITY OF PHILADELPHIA, JANE HIX, MICHAEL GORDON, STEVEN LEVY and BARRY DICKMAN. Commonwealth Court of Pennsylvania.Argued: May 17, 1999. Filed: June 22, 1999. Appeal from No. 3149 C.D. 1998. Paul J. Stacom, Philadelphia, for appellant. Alan C. Ostrow, Philadelphia, for appellee. BEFORE: HONORABLE BERNARD L. […]

365 A.2d 683 In the Matter of: Quaker City Development Co., Inc., Penrose Avenue and Penrose Ferry Road, Philadelphia, Pennsylvania 19145. Quaker City Development Co., Inc., Appellant. Commonwealth Court of Pennsylvania. October 25, 1976. Liquor — Revocation of liquor license — Gambling — Permitting liquor sales during suspension period — Liquor Code, Act 1951, April […]

FRATUS v. COMM. OF PA. No. 2432CD05.Commonwealth Court of Pennsylvania. May 9, 2006. Appeal from Erie County No. 2005-00457, 804 WDA 2005. Decision without published opinion. Affirmed. Page 697

828 A.2d 426 Daniel A. Porco, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 427 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: May 9, 2003. Filed: July 7, 2003. Page 427 Daniel A. Porco, petitioner, pro se. Heather E. Conlon, Harrisburg, for respondent. BEFORE: SMITH-RIBNER, Judge; LEAVITT, Judge; MIRARCHI, Jr., Senior Judge. OPINION BY Judge SMITH-RIBNER. […]

Schwartzberg v. The PA Dept. of Trans. No. 1109CD06.Commonwealth Court of Pennsylvania. June 18, 2007. Appeal from the Montgomery County 00-08199. Decisions Without Published Opinions Affirmed.

426 A.2d 1224 York County Hospital and Home, Appellant v. District Council 89, American Federation of State, County and Municipal Employees, AFL-CIO Local 1485, Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 6, 1981. Labor relations — Grievance — Timely filing — Arbitrator — Union — Collective bargaining agreement — Unfair labor practice. 1. […]

382 A.2d 983 Commonwealth of Pennsylvania v. After Six, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1977 February 3, 1978. Taxation — Capital stock tax — Tax Reform Code of 1971, Act 1971, May 4, P.L. 6 — Taxable value — Single factor apportionment factor — Act of 1931, June 22, P.L. 685 — […]

348 A.2d 159 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Charles Daroszewski v. Pennsylvania Hospital and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued October 10, 1975 December 3, 1975. Workmen’s compensation — Petition to modify agreement or award — Specific loss — Burden of proof — Medical […]

718 A.2d 919Commonwealth Court of Pennsylvania. June 1998. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION——– —— —- ————- ———– Leroy London/Piccadily Club v. Zoning Board of Adjustment of City of Philadelphia …… 2163CD97 7/31/98 Philadelphia County Affirmed 58 May Term 1996 DeHart v. Zoning Hearing Board of Jonestown Borough ……….. 302CD98 7/31/98 Lebanon County […]

529 A.2d 540 Moon Area School District, Appellant v. James A. Garzony t/d/b/a Airport Mobile Service, Globe Airport Parking Company, Greater Pittsburgh Service Corporation, t/d/b/a, Airways Airport Parking, Grant Oliver Corporation, Redcap Airport Parking, Incorporation and County of Allegheny, Appellees. Commonwealth Court of Pennsylvania.Argued May 21, 1987. July 14, 1987. Taxation — Parking tax — […]

462 A.2d 937 Inmates of the Cumberland County Prison et al., Petitioners v. Department of Justice of Pennsylvania, Bureau of Correction of Pennsylvania, Special Services Division of the Bureau of Correction of Pennsylvania, Respondents. Edward F. Whitmore and David M. Kurtz, Intervening Party Petitioners. Commonwealth Court of Pennsylvania.Argued May 12, 1983 July 21, 1983. Pennsylvania […]

880 A.2d 21 Aquill NICKSON, Petitioner v. COMMONWEALTH of Pennsylvania BOARD OF PROBATION AND PAROLE, Respondent. No. 725 M.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 1, 2005. Decided: June 3, 2005. Page 22 Aquill Nickson, petitioner, pro se. John C. Manning, Asst. Counsel and Victoria Freimuth, Chief Counsel, for respondent. BEFORE: FRIEDMAN, J., and […]

A.B., A minor, by her parents Jason and Cindy BENNETT v. SLIPPERY ROCK AREA SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs July 28, 2006. Decided August 31, 2006. Appeal from the Court of Common Pleas, Butler County, No. M.S.D. 06-40031, Horan, J. Page 675 Michael D. Hnath, Butler, for appellant. Victor E. Vouga, […]

630 A.2d 558 Carl A. YEAGLE, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (STONE CONTAINER CORPORATION Self-Insurers Service), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs June 25, 1993. Decided August 16, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0089. Page 598 Gary T. Harris, for petitioner. Sheilah A. Tone, for respondents. Before COLINS and […]

BOROUGH OF MOOSIC v. ZONING HEARING BOARD OF the BOROUGH OF MOOSIC v. Giuseppe Basile, Appellant. No. 527 C.D. 2010.Commonwealth Court of Pennsylvania.Argued October 12, 2010 Decided December 1, 2010. Appeal from the Court of Common Pleas, Lackawanna County, No. 08 CV 6658, Minora, J. Page 565 W. Boyd Hughes, Dunmore, for appellant. John J. […]

496 A.2d 1367 G. David Austin, et al., Appellants v. Zoning Hearing Board of Forks Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1985 August 23, 1985. Zoning — Nonconforming use. 1. A municipality is without power to prevent an owner of property from making additions to his nonconforming use to provide for its natural […]

683 A.2d 685 LEAGUE OF WOMEN VOTERS OF PENNSYLVANIA, and Citizen Action/Pennsylvania Chapter, and Consumers Education and Protective Association, Petitioners, v. COMMONWEALTH of Pennsylvania, and Thomas J. Ridge, Governor, and Catherine Baker Knoll, Treasurer, Respondents. Commonwealth Court of Pennsylvania.Heard September 9, 1996. Decided September 12, 1996. Publication Ordered October 1, 1996. Page 686 Eric B. […]

505 A.2d 1375 Michael Duane Richner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1985 March 14, 1986. Unemployment compensation — Willful misconduct — Burden of proof — Good cause. 1. Whether an employee’s actions constitute willful misconduct for unemployment compensation purposes is a question of […]

536 A.2d 472 James P. Poliskiewicz, Appellant v. East Stroudsburg University, Appellee. Commonwealth Court of Pennsylvania. January 22, 1988. Sovereign immunity — State university — State System of Higher Education — Judicial Code, 42 Pa. C. S. § 8522 — Criminal History Record Information Act, 18 Pa. C. S. § 9124, et seq. — Employee […]

786 A.2d 1035 Thomas Sharkey, Petitioner v. Workers’ Compensation Appeal Board (Federal Express), Respondent. No. 286 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 24, 2001. Filed: November 15, 2001. Page 1036 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION SENIOR JUDGE FLAHERTY Thomas Sharkey (Claimant) petitions for review […]

406 A.2d 258 Dougherty Mitchell, Inc., Petitioner v. Commonwealth of Pennsylvania, State Public School Building Authority, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1979 October 1, 1979. Public contracts — Board of Arbitration of Claims — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Act of 1937, […]

765 A.2d 1166 JOHN F. RUF and SUSANNE RUF v. BUCKINGHAM TOWNSHIP, Appellant. No. 210 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: October 5, 2000. Filed: January 11, 2001. Page 1167 Before: Honorable James Gardner Colins, Judge; Honorable Doris A. Smith, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION SENIOR JUDGE MIRARCHI Buckingham Township (Township) appeals […]

TRIB TOTAL MEDIA, INC., Appellant v. HIGHLANDS SCHOOL DISTRICT. No. 1588 C.D. 2009.Commonwealth Court of Pennsylvania.Argued April 19, 2010. Decided August 5, 2010. Reargument Denied September 24, 2010. Appeal from The Court of Common Pleas, Allegheny County, No. GD 09-010587, James, J. Page 696 David A. Strassburger, Pittsburgh, for appellant. Ira Weiss, Pittsburgh, for appellee. […]

722 A.2d 740 TOWNSHIP OF HELLAM v. HELLAM TOWNSHIP POLICE OFFICERS’ ASSOCIATION and JAMES J. AGNEW, Appellants. No. 542 C.D. 1998Commonwealth Court of Pennsylvania.Submitted June 12, 1998. Filed December 4, 1998. Page 741 Appeal from Court of Common Pleas of New York County. Eric C. Stoltenberg, for appellants. William J. Flannery, for appellee. HONORABLE JOSEPH […]

703 A.2d 577 SACRED HEART HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MUTIS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 8, 1997. Decided December 4, 1997. Appeal from the Worker’s Compensation Appeal Board, No. A95-1797. Page 578 Mary T Uhlig, Philadelphia, for petitioner. Micheal C. Usher, Whitehall, for respondent. Before SMITH and FRIEDMAN, JJ., […]

596 A.2d 897 STATE CORRECTIONAL INSTITUTION AT GRATERFORD, DEPARTMENT OF CORRECTIONS, Petitioner, v. George E. MORSE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 31, 1991. Decided August 6, 1991. Appeal from the State Civil Service Commission, No. 8914. Page 571 Marcellus J. Matthews, Asst. Counsel, for petitioner. George H. Morse, pro se. Page 572 […]

458 A.2d 1059 Max H. Homer, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1983 April 27, 1983. Schools — Power of Secretary of Education — Reinstatement of teaching certificates — Scope of appellate review — Conditional reinstatement. 1. Review of a decision of the Secretary of Education […]

692 A.2d 286 MADELINE SPORIO (Widow), Lawrence Sporio, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (SONGER CONSTRUCTION), Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1997. Decided April 2, 1997. Appealed from the Workman’s Compensation Appeal Board, No. A94-1083. Page 287 Daniel K. Bricmont, Pittsburgh, for petitioner. Claudio J. DiPaolo and David Ryan, Pittsburgh, for respondent. Before […]

367 A.2d 332 Vivien Todrin, Lee Holloway, Albert Teichmiller, James M. Barger and Eleanor Barger, his wife, Richard Berryman, Thomas A. Jenkins and Catherine Jenkins, his wife v. The Board of Supervisors of Charlestown Township. Vivien Todrin et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1976 December 16, 1976. Zoning — Request for curative […]

430 A.2d 697 Robert L. Neimeic, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1981 June 10, 1981. Unemployment compensation — Notice of appeal — Prejudicial error — Further hearing — Additional evidence — Possession of marijuana — Inadequate finding’s — Unemployment Compensation Law, Act of […]

435 A.2d 289 Joseph Schaefer and Constance Schaefer, Appellants v. Zoning Board of Adjustment of the City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1981 October 6, 1981. Zoning — Non-conforming use — Abandonment — Variance-Unnecessary hardship — Burden of proof — Economic hardship — Knowledge of zoning status — Estoppel — Innocent […]

646 A.2d 645 Robert D. CHRISTIANA, Petitioner, v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1994. Decided July 28, 1994. Petition for Allowance of Appeal Granted December 7, 1994. Appeal from the Public School Employees’ Retirement Board, No. 117-16-8296. Page 301 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

437 A.2d 815 George T. Holmes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 20, 1981 December 14, 1981. Unemployment compensation — Willful misconduct — Absenteeism — Illness. 1. While absenteeism caused by illness does not generally constitute willful misconduct in an unemployment compensation case, a failure […]

632 A.2d 1 CONCERNED CITIZENS OF CHESTNUTHILL TOWNSHIP, Anthony Sabia, Miles Reinhart, William Grant, and Michael Vianello, Petitioners, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 30, 1993. Decided August 31, 1993. Reconsideration Denied November 5, 1993. Page 249 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

488 A.2d 378 Albert A. Watrel, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Commonwealth Court of Pennsylvania.Argued January 31, 1985 February 22, 1985. Retirement — Purchase of retirement credit — Settlement agreement — Pennsylvania State Employees’ Retirement Board — Power of Secretary of Education — Illegal contract. 1. Applicable statutory authority does not […]

430 A.2d 1234 Irma Jean Messer, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Commonwealth of Pennsylvania, Department of Public Welfare, Respondents. Commonwealth Court of Pennsylvania.Argued April 6, 1981 June 26, 1981. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Reasonable basis […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Comm., Dept. of Trans., Bureau of Driver Lic. v. Williams . . . . . . . 1511CD00 1/26/2001 Allegheny County Affirmed SA 267 of 2000 Buoncuore v. Comm . . . . . 1864CD99, 1/29/2001 Delaware County Affirmed […]

ALLEN v. DREHER TOWNSHIP BOARD OF SUPERVISORS. No. 113CD05.Commonwealth Court of Pennsylvania. June 7, 2005. Appeal from the Wayne County 301 Civil 2004. Decision without published opinion. Affirmed.

Uschock v. Dept. of Transportation. No. 352CD10.Commonwealth Court of Pennsylvania. November 8, 2010. Appeal from the Westmoreland County 10078 of 2009. Decisions Without Published Opinions Affirmed.

485 A.2d 906 Piper Aircraft Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Bibey), Respondents. Commonwealth Court of Pennsylvania.Argued October 15, 1984 January 4, 1985. Workmen’s compensation — Burden of proof — Available work — Admission — Attorney. 1. An employer who seeks to reduce workmen’s compensation benefits from total to partial disability has the burden […]

377 A.2d 1058 Mitchell D. Heaps, a Minor, by His Natural Mother and Guardian, Martha Heaps, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued September 12, 1977 September 26, 1977. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Reasonable […]

454 A.2d 1184 Forrest M. Swaydis, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued June 10, 1982 January 26, 1983. State police — Court marital. 1. When the Governor has not been informed that criminal charges against a state policeman have been dismissed, his recommendation for the convening of a […]

598 A.2d 110 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Gregory Burton BALLOCH, Appellee. Commonwealth Court of Pennsylvania.Submitted August 16, 1991. Decided October 4, 1991. Appeal from the Court of Common Pleas, Elk County, No. 90-417, Paul B. Greiner, J. Page 638 William P. Kuhar, for appellant. No appearance for […]

467 A.2d 112 James Snyder, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. November 4, 1983. Parole — Backtime. 1. The presumptive ranges of parole backtime are intended to structure the discretion of the Pennsylvania Board of Probation and Parole while allowing for individual circumstances in terms […]

406 A.2d 1227 In Re: Appeal of Dumont Enterprises, Inc. From Enactment of Ordinance No. Z-380 by Bensalem Township on June 19, 1978. Dumont Enterprises, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1979 October 25, 1979. Argued October 3, 1979, before Judges ROGERS, DiSALLE and CRAIG, sitting as a panel of three. Appeal, No. […]

524 A.2d 1063 Jane Doe v. Commonwealth of Pennsylvania, Department of Public Welfare, Dr. Lillian Meyers and Dr. Duncan Campbell and Kevin Cooper. Commonwealth of Pennsylvania, Department of Public Welfare, Dr. Lillian Meyers and Dr. Duncan Campbell, Appellants. Commonwealth Court of Pennsylvania.Argued November 18, 1986 April 27, 1987. Appeals — Interlocutory orders — Collateral orders […]

531 A.2d 582 Howard D. Karloff, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 24, 1987. Unemployment compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Burden of proof — Voluntary termination — […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Municipal Authority of 2694CD02 08/26/2003 Allegheny County Affirmed Borough of West View v. SA 02-000474 Utility Workers of America, Local 416 AFL-CIO PA State Police, 2875CD02 08/26/2003 Luzerne County Reversed Bureau of Liquor 3747-C-2002 […]

450 A.2d 232 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gordon H. Elizabeth A. McGowan and Ronald G. Beatrice M. Fricker, Appellees. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gordon H. Elizabeth A. McGowan and Ronald G. Beatrice M. Fricker, Appellees. Commonwealth Court of Pennsylvania.Argued June 11, 1982 September 8, 1982. Eminent domain […]

317 A.2d 331 The Pennsylvania Bank and Trust Company, Appellant, v. Commonwealth of Pennsylvania, Board of Finance and Revenue, Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1974 March 28, 1974. Taxation — Bank shares tax — Act of 1897, July 15, P. L. 292 — Act of 1907, June 13, P. L. 640 — National […]

492 A.2d 504 Joseph Giampa, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. May 21, 1985. Schools — Bus driver — Hearing loss — Safety. 1. It is not illegal discrimination to establish a safety classification for school bus driving that embraces persons suffering from hearing loss, because the classification is clearly rationally […]

Pruitt v. Comm. of PA. No. 1485 C.D. 10.Commonwealth Court of Pennsylvania. August 22, 2011. Appeal from the Philadelphia County CP-51-MD-0005757-2009. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

454 A.2d 1203 Marianne Olson, Member of the Pennsylvania Milk Marketing Board, and Jeanne Terrence, Petitioners v. George R. Brumbaugh and Donald E. Lanius, Members of the Pennsylvania Milk Marketing Board, Respondents. Commonwealth Court of Pennsylvania.Argued December 14, 1982 January 31, 1983. Pennsylvania Milk Marketing Board — Power of Board to relocate office — Milk […]

368 A.2d 1341 Donald R. Stockdill v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Donald R. Stockdill, Appellant. Commonwealth Court of Pennsylvania.Argued October 28, 1976 February 8, 1977. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 […]

Taminini v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 951CD06.Commonwealth Court of Pennsylvania. December 27, 2006. Appeal from the Cumberland County 05-5331. Decisions Without Published Opinions Affirmed.

404 A.2d 731 Rowan P. Kelly, Jr., Appellant v. Warminster Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued April 5, 1979 July 26, 1979. Policemen and firemen — Dismissal of police chief — Police Tenure Act, Act 1951, June 15, P.L. 586 — Due process — Commingling of functions — Hearing de novo — […]

365 A.2d 169 Milton J. Shapp, Governor, et al., Petitioners v. Grace M. Sloan, State Treasurer, Respondent. General Assembly of the Commonwealth of Pennsylvania, Intervening Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1976 October 18, 1976. Legislature — Judicial interference with the internal affairs of General Assembly — Retention of outside counsel by the General […]