Category: Pennsylvania Commonwealth Court Opinions

572 A.2d 1298 CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE, LODGE NO. 5, and Thomas Murphy, Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1989. Decided February 20, 1990. Reargument Denied May 1, 1990. Appeal from the Court of Common Pleas, Philadelphia County, Samuel M. Lehrer, J., No. 3414 November Term, 1988. Page 353 […]

826 A.2d 84 Luzerne County Children and Youth Services, Petitioner v. Department of Public Welfare, Respondent. No. 1186 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: September 6, 2002. Filed: June 18, 2003. Marsha A. Basco, Wilkes-BArre, for petitioner. Carol Ulicheney, Allentown, for respondent. BEFORE: Honorable Rochelle S. Friedman, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Charles P. […]

525 A.2d 1281 Thomas Pierce, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 21, 1987. Pennsylvania Board of Probation and Parole — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Violation of constitutional rights — Timeliness of hearing […]

398 A.2d 237 In Re: Appeal from the Enactment of an Ordinance Increasing the Indebtedness of the Borough of Blakely, etc. Edward Gerek, Appellant. Edward Gerek et al., Petitioners v. Commonwealth of Pennsylvania, Department of Community Affairs et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 4, 1978 February 28, 1979. Municipalities — Increase in indebtedness […]

596 A.2d 1209 URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH, a Redevelopment Authority, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 29, 1991. Decided August 14, 1991. Appeal from the Unemployment Compensation Board of Review, No. B-278701-B. Page 21 David L. Berkley, Sp. Counsel, for petitioner. Maribeth Wilt-Seibert, Asst. Counsel, […]

503 A.2d 1012 Mifflin County School District, Appellant v. Kenneth W. Stewart, II, a Minor, by Kenneth W. Stewart and Jean C. Stewart, his natural parents and guardians, Appellees. Commonwealth Court of Pennsylvania.Argued November 14, 1985 January 23, 1986. Schools — Suspension of student — Moot questions — Graduation ceremony — Property rights — Expulsion […]

KITEI v. COLONIAL SCHOOL DISTRICT. No. 5CD04.Commonwealth Court of Pennsylvania. August 19, 2004. Appeal from the Montgomery County 03-09961. Decisions without published opinions. Affirmed.

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS Comm., Dept. of Trans., Bureau of Driver Lic. v. Kendrick …… 655CD01 11/16/2001 Bucks County Reversed 00-4762-18-6 Lower Bloomfield Unity Council v. City of Pittsburgh Zoning Board of Adjustment ……. 66CD01 11/16/2001 Allegheny County Affirmed SA 99-1288 Comm., Dept. of Trans., Bureau of Driver Lic. v. Dominick […]

398 A.2d 1122 Condominium Corporation of Pennsylvania, Incorporated, Green Tree Village, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent; Isador Koblentz, Intervenor. Commonwealth Court of Pennsylvania.Argued September 25, 1978 March 20, 1979. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence — Credibility […]

698 A.2d 134 COMMONWEALTH of Pennsylvania ex rel. Thomas W. CORBETT, Jr., Attorney General, Plaintiff, v. Donald J. DESIDERIO, Councilman, Clairton Municipal Authority, Defendant. Commonwealth Court of Pennsylvania.Submitted on Briefs June 5, 1997. Decided July 11, 1997. Page 135 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Longo v. Springfield Township Board of Commissioners. No. 919CD06.Commonwealth Court of Pennsylvania. February 12, 2007. Appeal from the Delaware County 05-000394. Decisions Without Published Opinions. Reversed.

Re: Appeal of Silvio F. and Elizabeth O. D’IGNAZIO from the Decision of the Chester County Board of Assessment Appeals Denying a Claim for Class Action and Determination that the Filing Fees Charged by the Chester County Board of Assessment Appeals are Illegal and Void. Appeal of: Silvio F. and Elizabeth O. D’Ignazio. No. 1366 […]

664 A.2d 199 Kirk BROSIUS, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Argued June 5, 1995. Decided August 9, 1995. Appeal from the Court of Common Pleas, Westmoreland County, No. 10395 of 1992, Amrose, J. No appearance, for appellant. William A. Kuhar, Jr., for appellee. Before DOYLE […]

492 A.2d 1196 Joseph J. Balent and George Barto, Appellants v. City of Wilkes-Barre, Appellee. Commonwealth Court of Pennsylvania.Argued December 10, 1984 May 31, 1985. Eminent domain — Demolition — Police power. 1. When a structure is demolished under the municipality’s police power, rather than its power of eminent domain, because it had become dangerous […]

284 A.2d 808 Pittsburgh v. P. U. C. and Duquesne Light Company. Atomic Energy Commission v. P. U. C. and Duquesne Light Company. Commonwealth Court of Pennsylvania.Argued October 19, 1971 December 7, 1971. Public Utility Law, Act 1937, May 28, P. L. 1053 — Petition on appeal — Timeliness of appeal — Appellate Court Jurisdiction […]

303 A.2d 852 United States Steel Corporation v. Unemployment Compensation Board of Review. Commonwealth Court of Pennsylvania.Argued April 4, 1973 April 26, 1973. Unemployment compensation — Scope of appellate review — Sufficient evidence — Fraud — Question of law — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Vacation pay — […]

500 A.2d 1267 County of Allegheny, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1985 November 22, 1985. County judicial system — Unified court system — Pennsylvania Constitution, Article V, Section 1 — Standing — Equal protection. 1. Because the legislature has committed the financial underpinning of the county judicial system […]

361 A.2d 473 David S. Masland, M.D., H. Robert Davis, M.D., John J. Hanlon, M.D., and the Pennsylvania Medical Society, Plaintiffs v. Leonard Bachman, M.D., Secretary of Health of the Commonwealth of Pennsylvania, and the Department of Health of the Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued February 3, 1976 July 9, 1976. Department […]

443 A.2d 886 Ford Leasing Development Company, Appellant v. Zoning Board of Adjustment of the City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued: March 3, 1982 April 15, 1982. Zoning — Variance — Change of circumstances — Amendment to ordinance. 1. A change of circumstances such as to entitle a property owner to a reconsideration […]

PITT CHEMICAL AND SANITARY SUPPLY COMPANY, INC., Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 29, 2010. Decided December 3, 2010. Deborah S. Miskovich, Pittsburgh, for petitioner. Mary Beth Hamilton, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for respondent. BEFORE: LEADBETTER, President Judge, and PELLEGRINI, […]

567 A.2d 1115 CITY OF JOHNSTOWN, Appellant, v. James D. VARNISH, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1989. Decided December 21, 1989. Appeal from the Court of Common Pleas, Cambria County, No. 1988-2266, Abood, J. Page 252 Richard J. Green, Jr., Johnstown, for appellant. W. Patrick James, Johnstown, for appellee. Before CRUMLISH, Jr., President […]

582 A.2d 716 Michael and Elizabeth O’KANE, Appellants, v. ZONING HEARING BOARD OF HAVERFORD TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs September 11, 1990. Decided November 14, 1990. Appeal from the Court of Common Pleas, Delaware County, No. 89-2341, Howard F. Reed, Jr., J. Page 189 Brian S. Quinn, Havertown, for appellants. John H. […]

395 A.2d 322 Republic Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Ludwick Jesensek and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued October 30, 1978 December 15, 1978. Workmen’s compensation — Pneumoconiosis — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Notice of injury — Advice of […]

444 A.2d 186 John J. Wallace et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Wilkes-Barre Publishing Company, Intervenor. Commonwealth Court of Pennsylvania.Argued September 14, 1981 April 7, 1982. Unemployment compensation — Work stoppage — Strike — Lockout — Burden of proof — Scope of appellate review — Status quo. 1. […]

556 A.2d 995 Beverly Enterprises, Inc. d/b/a Mountainview Christian Home, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1988. April 12, 1989. Department of Public Welfare — Reimbursement of nursing facility — Specificity of appeal. 1. Where a petition for appeal when read as a whole is […]

Raymond J. SMOLSKY, Petitioner v. GOVERNOR’S OFFICE OF ADMINISTRATION and Globel Tel*Link Corporation, Respondents. No. 207 M.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs November 20, 2009. Decided March 5, 2010. Raymond J. Smolsky, petitioner, pro se. M. Abbegael Giunta, Deputy Attorney General, Harrisburg, for respondent, Governor’s Office of Administration. Michael McAuliffe Miller, Harrisburg, for respondent, […]

324 A.2d 876 John F. Moyer, Appellant, v. Brockway Clay Company and Commonwealth of Pennsylvania Occupational Disease Fund, Appellees. Commonwealth Court of Pennsylvania.Argued May 9, 1974 August 13, 1974. Workmen’s compensation — Occupational disease — Scope of appellate review — Consistent findings — Capricious disregard of competent evidence — Credibility — Conflicting testimony — The […]

700 A.2d 555 THE GLIDDEN COMPANY, INC., Petitioner v. DEPARTMENT OF LABOR AND INDUSTRY, Respondent. Commonwealth Court of Pennsylvania.Argued October 10, 1996. Decided August 15, 1997. Reargument Denied October 17, 1997. Appeal from the Department of Labor and Industry (DLI), No. 7030. Kathryn H. Levering, Philadelphia, for petitioner. Jane C. Pomerantz, Deputy Chief Counsel, Harrisburg, […]

342 A.2d 158 Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board v. Teamsters Union Local No. 77, Appellant. Commonwealth Court of Pennsylvania.Argued June 3, 1975 July 23, 1975. Labor — Collective bargaining — Arbitration — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Fees of arbitrators — Statutory construction — Plain meaning of […]

513 A.2d 551 Deborah Anne Sheakley, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. July 30, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — ARD program […]

371 A.2d 544 Commonwealth of Pennsylvania, Department of State v. Irwin A. Schatzberg, D.C., Appellant. Commonwealth of Pennsylvania, State Board of Chiropractic Examiners. Commonwealth Court of Pennsylvania.Argued February 2, 1977 March 28, 1977. State Board of Chiropractic Examiners — Suspension of license to practice chiropractic — Regulations — Acupuncture — Chiropractic Registration Act of 1951, […]

461 A.2d 329 Pennsylvania Dental Association, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Pennsylvania Blue Shield, Intervenor. Commonwealth Court of Pennsylvania.Argued February 1, 1983 June 8, 1983. Department of Health — Blue Shield regulations — Standing of dental association — Privacy of patients — Reviewing authority of Department — Dental records — Protection […]

447 A.2d 1108 Helen Parducci, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 26, 1982. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Scope of appellate review — Error of law — Capricious disregard of competent evidence — Dissatisfaction with working […]

855 A.2d 939 PLUM BOROUGH SCHOOL DISTRICT v. Harry R. SCHLEGEL, Appellant. No. 2608 C.D. 2003.Commonwealth Court of Pennsylvania.Argued May 5, 2004. Decided August 5, 2004. Appeal from the Court of Common Pleas, Allegheny County, No. GD 03-12323, Baldwin, J. Timothy J. Kidd, Pittsburgh, for appellant. Frank W. Jones, Pittsburgh, for appellee. Page 940 BEFORE: […]

JEFFERSON COUNTY COURT APPOINTED EMPLOYEES ASSOCIATION, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. No. 2285 C.D. 2005.Commonwealth Court of Pennsylvania.Argued October 18, 2006. Decided December 7, 2006. Appeal from The union appealed from decision of the Labor Relations Board, No. PERA-C-04-353-W. Page 895 Jon Pushinsky, Pittsburgh, for petitioner. Warren R. Mowery, Jr., Harrisburg, for respondent. […]

281 A.2d 176 Lovrinoff, et al. v. Pennsylvania Turnpike Commission. Madacsi v. Pennsylvania Turnpike Commission. Kunze, Jr., et al. v. Pennsylvania Turnpike Commission. Commonwealth Court of Pennsylvania.Argued June 1, 1971 August 30, 1971. Sovereign immunity — Pennsylvania Turnpike Commission — Constitution of Pennsylvania, Article V, Section 4 — Appellate Court Jurisdiction Act of 1970, July […]

660 A.2d 235 PENNSYLVANIA HUMAN RELATIONS COMMISSION, Petitioner, v. SCHOOL DISTRICT OF PHILADELPHIA, Respondent and Harry and Annemarie Gwynne, Aspira of Pennsylvania, Intervenors. Commonwealth Court of Pennsylvania. Decided June 13, 1995. William H. Brown, III, for respondent. Page 236 Michael Churchill and Patricia A. Lowe, for intervenors. OPINIOIN AND ORDER SMITH, Judge. This opinion and […]

585 A.2d 568 Bruce K. ANDERS, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TREASURY, Respondent. Commonwealth Court of Pennsylvania.Argued November 1, 1990. Decided January 4, 1991. Page 112 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 113 Bruce K. Anders, Wilkes-Barre, pro […]

Susan GARY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PHILADELPHIA SCHOOL DISTRICT), Respondent. NO. 1736 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2010. Decided April 21, 2011. Page 1283 Patrick M. Donan, Philadelphia, for petitioner. Erin C. Thompson, Paoli, for respondent Philadelphia School District. BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge. […]

426 A.2d 1309 Florence M. Hamilton et al., Appellants v. Zoning Hearing Board of Whitemarsh Township, Appellee. Commonwealth Court of Pennsylvania.Argued October 8, 1980 March 12, 1981. Zoning — Variance — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Unnecessary hardship — Findings of fact — Remand. 1. Under provisions of […]

665 A.2d 856 APPEAL OF the NORTHWESTERN CORPORATION From the Dauphin County Board of Assessment Appeals. Appeal of The NORTHWESTERN CORPORATION, Appellant. Commonwealth Court of Pennsylvania.Argued June 7, 1995. Decided September 15, 1995. Appeal from the Court of Common Pleas, Dauphin County, No. 3926-S-1992, Dowling, J. William A. Fetterhoff, for appellant. Carl G. Wass, for […]

358 A.2d 120 Linda C. Young, Appellant v. Littlestown Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued September 12, 1975 May 26, 1976. Schools — Mandamus — Dismissal of temporary professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Acquired ratings — Unsatisfactory rating — Fraudulent, arbitrary or capricious […]

684 A.2d 1094 Nancy S. URCIUOLO, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted September 27, 1996. Decided October 8, 1996. Appeal from the Common Pleas Court, Dauphin County, No. 3600 S 1995, Kleinfelter, J. Page 1095 Matthew R. Gover, Harrisburg, for Appellant. Timothy P. Wile, Assistant […]

322 A.2d 431 Schuman’s Village Square Drugs, Inc., Plaintiff, v. Joseph Stern, Earl P. Collins, Sol S. Turnoff, Donald Bell and George J. Haggerty, Defendants. Commonwealth Court of Pennsylvania.Argued June 3, 1974 July 19, 1974. Sovereign immunity — High public official — Official and quasi-judicial capacity — Members of the State Board of Pharmacy. 1. […]

447 A.2d 1119 Mrs. Kenneth Evans, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1982 July 28, 1982. Attorneys — Duty to provide representation — Code of Professional Responsibility — Legal Services — Non-meritorious claim — Frivolous claim. 1. Canon 2 of the Code of Professional Responsibility […]

698 A.2d 170 Michael GREENLEAF, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. Commonwealth Court of Pennsylvania.Argued May 8, 1997. Decided July 28, 1997. Appeal from the Court of Common Pleas, Philadelphia County, No. 699 March Term 1995, Cohen, J. Page 171 Jerome M. Brown, Philadelphia, for appellant. Joan A. Zubras, Philadelphia, for appellee. Before SMITH and […]

604 A.2d 751 Myrna SLONEKER, Individually and as Administratrix of the Estate of Richard Sloneker v. Donald C. MARTIN, Township of Amwell and Township of South Strabane and Commonwealth of Pennsylvania et al. Appeal of Donald C. MARTIN. Commonwealth Court of Pennsylvania.Argued February 11, 1991. Decided December 17, 1991. Appeal from the Court of Common […]

617 A.2d 841 Om P. BHALA, Petitioner, v. STATE REAL ESTATE COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 25, 1992. Decided November 18, 1992. Appeal from the State Real Estate Commission, April 27, 1992. Om P. Bhala, petitioner, for himself. Steven Wennberg, for respondent. Before CRAIG, President Judge, and PELLEGRINI, J., and BLATT, […]

508 A.2d 348 Del-AWARE Unlimited, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Friends of Branch Creek, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1985 […]

367 A.2d 1133 Cora Lee Phillippi, Phyllis Catz, Cheryl Schlosser, Charles Knipe, et al. v. School District of Springfield Township. Cora Lee Phillippi, et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 7, 1976 January 14, 1977. Schools — Reduction in staff — Dismissal of employes — Local Agency Law, Act 1968, December 2, P.L. 1133 […]

Highland Hornets Youth Athletic Association, Inc. v. Marino. 406CD06.Commonwealth Court of Pennsylvania. August 14, 2006. Appeal from the Allegheny County SA 04-001108. Decisions Without Published Opinions Affirmed.

500 A.2d 494 Jones Laughlin Steel Corporation, Petitioner v. Workmen’s Compensation Appeal Board (White), Respondents. Commonwealth Court of Pennsylvania. October 21, 1985. Workmen’s compensation — Attorney fees — Reasonableness of contest — Conflicting medical evidence. 1. Attorney fees are awarded to a successful workmen’s compensation claimant unless the employer establishes a reasonable basis for contesting […]

396 A.2d 91 Orville D. Anderson and Dorotha Anderson, Husband and Wife, Plaintiffs v. David L. Shaffer, Edgar Ramsey and F. Wayne Woods, Supervisors of East Lackawannock Township et al., Defendants. Commonwealth Court of Pennsylvania.Argued September 11, 1978 January 11, 1979. Highways — Preliminary objections — Service road — Maintenance by township — Act of […]

333 A.2d 510 In Re: Application of Peirce Junior College, Appellee, v. Lloyd J. Schumacker, Matthew A. and Carole A. Broderick, W. H. Sterge and Frances H. O’Dell, Appellants. Commonwealth Court of Pennsylvania.Argued February 6, 1975 March 11, 1975. Zoning — Intervention — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Standing […]

844 A.2d 653 Georgia Rebel, Petitioner v. Workers’ Compensation Appeal Board (Emery World Wide Airlines #150), Respondent. No. 1351 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 2, 2004. Filed: March 16, 2004. Page 654 Daniel K. Briemont, Pittsburgh, for petitioner. Paul S. Mazeski, Pittsburgh, for respondent. BEFORE: PELLEGRINI, Judge; LEAVITT, Judge; JIULIANTE, Senior Judge. OPINION BY […]

550 A.2d 857 Francis M. Powers, Jr., M.D. and Cancer Treatment Associates, P.C., a Pennsylvania Professional Corporation, Petitioners v. Commonwealth of Pennsylvania, Department of Health et al., Respondents. Commonwealth Court of Pennsylvania.Argued April 21, 1988. November 25, 1988. Health care facility — Preliminary objections — Health Care Facilities Act, Act of July 19, 1979, P.L. […]

290 A.2d 713 Department of Transportation v. Bechtel. Commonwealth Court of Pennsylvania.Argued April 7, 1972. May 5, 1972. Motor vehicles — License suspension — Motor vehicle operator’s license — Penal Code — Use of vehicle in commission of a misdemeanor — False statement — The Vehicle Code, Act 1959, April 29, P. L. 58. 1. […]

412 A.2d 1123 American Process Lettering, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Richard P. Mahoney, Respondents. Commonwealth Court of Pennsylvania.Argued February 7, 1980 March 26, 1980. Unemployment compensation — Burden of proof — Scope of appellate review — Habitual tardiness — Willful misconduct — Advance warning. 1. In an […]

553 A.2d 94 Joseph James Ariondo v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Penny Sue Conner v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Lorraine Gentile, Administratrix of the Estate of Salvatore J. Gentile, […]

407 A.2d 86 Edward J. Eyring, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and George School of Newtown, Pa., Respondents. Commonwealth Court of Pennsylvania. October 25, 1979. Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Willful misconduct — Insubordination to superior — Disregard of duties — Harmless error. 1. […]

648 A.2d 1266 BECHTEL POWER CORPORATION, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (POSTLETHWAIT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 1, 1994. Decided September 22, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0844. Page 545 Gregory D. Geiss, for petitioner. William E. Haggerty, for respondents. Before COLINS and NEWMAN, JJ., and SILVESTRI, […]

510 A.2d 1278 Brooksie Jones, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 18, 1986. Unemployment compensation — Voluntary termination of employment — Necessitous and compelling cause. 1. An unemployment compensation claimant’s concern for the care of her five children while she performed fifteen hours per week […]

336 A.2d 671 Bessie M. Baker, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1975 April 23, 1975. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Availability for suitable […]

481 A.2d 1238 Richard Alstrom, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board, of Review, Respondent. Commonwealth Court of Pennsylvania. September 28, 1984. Unemployment compensation — Employee — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Commission salesperson — Independent trade or occupation — Burden of proof. 1. The key factors […]

838 A.2d 848 Connellsville Street Church of Christ v. Fayette County Board of Assessment Appeals. Appeal of: Fayette County Board of Assessment Appeals and County of Fayette. No. 404 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 7, 2003. Filed: December 19, 2003. Page 849 John S. Cupp, Jr., Uniontown, for appellant. Ewing D. Newcomer, Uniontown, for […]

705 A.2d 162 Mark A. GROVE, Appellant v. FRANKLIN COUNTY TAX CLAIM BUREAU and William A. Lowe. Commonwealth Court of Pennsylvania.Submitted on Briefs August 29, 1997. Decided December 18, 1997. Reconsideration Denied February 19, 1998. Appeal from the Common Pleas Court, Franklin County, No. CC-53, Kaye, J. James K. Reed, Chambersburg, for appellant. Timothy W. […]

494 A.2d 497 ASR Realty Corporation, Appellant v. Revenue Appeals Board of Northampton County, Appellee. Commonwealth Court of Pennsylvania. June 13, 1985. Taxation — Notice — The Fourth to Eighth Class County Assessment Law, Act of May 21, 1943, P.L. 571 — Assessment — Appeal — Timeliness. 1. The notice provisions of The Fourth to […]

741 A.2d 249 ATHANAS MIHADAS, d/b/a MEINEKE DISCOUNT MUFFLERS/BRAKE, Appellants v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION. No. 1045 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: October 8, 1999. Decided: November 22, 1999. Appeal from the Court of Common Pleas, Erie County, No. 13851-1998, Bozza, J. Page 250 Anthony A. Logue, Erie, for appellant. Elaine N. Blass […]

410 A.2d 1318 Helen Daymut, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 3, 1979 February 14, 1980. Public assistance — Reimbursement of benefits paid — Supplemental Security Income — Social Security Act, 42 U.S.C. § 407 — Refund — The Fiscal Code, Act 1929, April 9, P.L. […]

412 A.2d 658 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Highways, of Right of Way for Legislative Route 1016, Section 13. Raymond E. Buerkle, Appellant. Commonwealth Court of Pennsylvania.Argued December 7, 1979 March 4, 1980. Eminent domain — Notice of hearing — Eminent Domain Code, Act 1964, June 22, P.L. 84 — […]

421 A.2d 861 Central Westmoreland Area Vocational-Technical School, Petitioner v. Robert G. Scanlon, Secretary of Education, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 31, 1980. Schools — Suspension or dismissal of professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Authority of Secretary of Education — School […]

531 A.2d 573 Automobile Trade Assoc. of Greater Philadelphia, et al., Appellants v. City of Philadelphia, Honorable William J. Green, Mayor and Honorable Eugene L. Cliett, Jr., Commissioner of Revenue, Appellees. Commonwealth Court of Pennsylvania.Argued February 25, 1987. September 24, 1987. Taxation — Philadelphia Mercantile License Tax — Summary judgment — Burden of proof — […]

476 A.2d 499 John J. Boyd, Appellant v. Zoning Hearing Board of Churchill Borough and Laura Diskin, Appellees. Commonwealth Court of Pennsylvania. June 7, 1984. Zoning — Side-yard requirements — Patio — Deck — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Structure — Ordinance — Conflicts with statute. 1. A […]

498 A.2d 1384 Charles Breinig, Appellant v. Zoning Hearing Board of Upper Moreland Township, Appellee. Commonwealth Court of Pennsylvania. October 9, 1985. Submitted on briefs June 6, 1985, to Judges ROGERS, BARRY and PALLADINO, sitting as a panel of three. Appeal, No. 1669 C.D. 1983, from the Order of the Court of Common Pleas of […]

SOLEBURY TOWNSHIP v. STEIN. No. 955CD05.Commonwealth Court of Pennsylvania. March 10, 2006. Appeal from Bucks County 04-05161-16-5. Decision without published opinion. Reversed.

509 A.2d 970 Pennsylvania Bureau of Corrections v. Board of Standards and Appeals, City of Pittsburgh, Allegheny County, Pennsylvania. City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued March 13, 1986 May 22, 1986. Municipalities — Building Code — Variance from code requirements — State penal institutions — Scope of appellate review — Findings of fact […]

411 A.2d 903 Willis Barnes, Appellant v. Capital Finance Corporation, Anne Lytch, Betty Kemp and Dwayne Kemp, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1979 March 7, 1980. Argued December 6, 1979, before Judges CRUMLISH, JR., MENCER and MacPHAIL, sitting as a panel of three. Appeal, No. 215 C.D. 1979, from the Order of the […]

952 A.2d 710 Kevin JONES, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 2112 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted: on Briefs: March 28, 2008. Decided: June 2, 2008. Publication Ordered: July 21, 2008. Page 711 Jennifer B. Dale, Huntingdon, for petitioner. Chad L. Allensworth, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, […]

637 A.2d 721 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, v. Thomas Curtis HOOVER, Appellant. Commonwealth Court of Pennsylvania.Submitted December 17, 1993. Decided January 28, 1994. Appeal from the Common Pleas Court, Schuylkill County, No. S-1283-1992, William E. Baldwin, J. Page 518 Thomas J. Pellish, for appellant. David R. White, Asst. Counsel, […]

745 A.2d 1267 WES STASZAK, Petitioner v. PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent No. 1095 C.D. 1999Commonwealth Court of Pennsylvania.Argued: November 3, 1999 Filed: January 13, 2000 Reargument Denied March 10, 2000. Appeal from the Human Relations Commission, No. H-6480. Dianna C. Wyrick, Pittsburgh, for petitioner. Lisa Jo Fanelli-Greer, Harrisburg, for respondent. Before: McGINLEY, J., KELLEY, […]

Lease v. Comm. of PA. Nos. 707CD10, 708CD10.Commonwealth Court of Pennsylvania. April 13, 2011. Appeal from the Adams County CP-O1-SA-0000118-2009 CP-O1-SA-0000119-2009. Decisions Without Published Opinions Affirmed.

332 A.2d 839 Gerard J. Cunningham, Appellant, v. Commonwealth of Pennsylvania, State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued January 9, 1975 February 11, 1975. Civil service — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Civil Service Act, Act 1941, […]

555 A.2d 285 James K. Howarth, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. March 3, 1989. Motor vehicles — Suspension of motor vehicle operator’s license — Delay in suspension. 1. When the suspension of a motor vehicle operator’s license is delayed six years because of a continuance requested by […]

415 A.2d 978 Melvin Schanz, Petitioner v. Commonwealth of Pennsylvania, Bureau of Correction, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1980 June 24, 1980. Appeal — Employment — Reinstatement of employe — Civil Service Act, Act 1941, August 5, P.L. 752 — Failure to exhaust administrative remedy — Adjudication of Bureau of Corrections — Wages […]

366 A.2d 966 Richard A. Tilghman, Plaintiff v. Commonwealth of Pennsylvania, et al., Defendants. Commonwealth Court of Pennsylvania.Argued September 8, 1976 October 29, 1976. Laches — Pleading — Judgment on the pleadings — Dismissal of complaint in equity — Due diligence — Delay — Knowledge of plaintiff — Urban renewal project — Prejudice to third […]

411 A.2d 866 Angela L. LoRubbio, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Merrell National Laboratories, Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1979 February 29, 1980. Workmen’s compensation — Remand — Findings of fact — Sufficient evidence — Availability — Petition to terminate — Scope of findings on remand — Burden […]

872 A.2d 280 H.Y.K. CONSTRUCTION COMPANY v. ZONING HEARING BOARD OF PERIKOMEN TOWNSHIP. No. 1191CD04, 1325CD04.Commonwealth Court of Pennsylvania. March 18, 2005. Appeal from the Montgomery County 01-25755. Decisions without published opinions Affirmed.

552 A.2d 774 Paul Beamer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Submitted on briefs August 23, 1988. January 23, 1989. Unemployment compensation — Enforcement of subpoena — Scope of appellate review — Abuse of discretion — Error of law — Harmless error. 1. In reviewing action of […]

585 A.2d 1123 DELAWARE RIVER PORT AUTHORITY, Petitioner, v. Richard L. THORNBURGH, Governor Commonwealth of Pennsylvania and Commonwealth of Pennsylvania Department of Transportation and Thomas Larson, Secretary of Transportation of the Commonwealth of Pennsylvania and The General Assembly of the Commonwealth of Pennsylvania, Respondents. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Plaintiff, v. DELAWARE RIVER PORT […]

442 A.2d 403 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Richard T. Berrier, Appellee. Commonwealth Court of Pennsylvania.Argued February 1, 1982 March 15, 1982. Motor vehicles — Suspension of operator’s license — Points — Failure to appeal point assessment — Notice — Vehicle Code, 75 Pa. C. S. § 1533. […]

960 A.2d 212 Thomas VANDERHOEF, Appellant v. OFFICE OF SUSQUEHANNA COUNTY BOARD OF ASSESSMENT. No. 632 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: September 8, 2008. Decided: November 7, 2008. Appeal from the Court of Common Pleas, Susquehanna County, No. 2007-1132 C.P., Seamans, President Judge. Janet E. Kocsis, Towanda, for appellant. Michael J. Gathany, Hallstead, for appellee. […]

534 A.2d 560 Robert E. Cowfer, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 7, 1987. Unemployment compensation — Continuance — Abuse of discretion — Counsel. 1. An unemployment compensation referee’s grant or denial of a continuance will be reversed only upon a clear showing of […]

425 A.2d 1219 Michael Dotson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1981 March 3, 1981. Unemployment compensation — Wilful misconduct — Habitual tardiness and absenteeism — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. Habitual tardiness and absenteeism in the […]

600 A.2d 686 Charles BICHLER, Bichler Landfill, Petitioners, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1991. Decided December 5, 1991. Appeal from the Environmental Hearing Board, No. 89-608-W. Page 56 W. Boyd Hughes, for petitioners. Barbara L. Smith, for respondent. Before CRAIG, President Judge, PELLEGRINI, J., and NARICK, Senior Judge. […]

Martin VANDERVORT, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 16, 2005. Decided May 23, 2006. Page 415 Christopher D. Gasda, Elkins Park, for petitioner. Martin G. Malloy, Philadelphia, for respondent. BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, and SIMPSON, Judge. OPINION BY Judge COHN JUBELIRER. Martin […]