Category: Pennsylvania Commonwealth Court Opinions

861 A.2d 424 David Griffiths, Petitioner v. Workers’ Compensation Appeal Board (Seven Stars Farm, Inc.), Respondent. Seven Stars Farm, Inc., Petitioner v. Workers’ Compensation Appeal Board (Griffiths), Respondent. Nos. 1757 C.D 2003, 1833 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September 8, 2004. Filed: November 10, 2004. Appeal from the Workers’ Compensation Appeal Board, No. A02-1348. Page […]

381 A.2d 1321 In Re: Appeal of Naomi I. Martin From an Order of the Board of Supervisors of West Hempfield Township. Board of Supervisors of West Hempfield Township, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1977 January 16, 1978. Zoning — Appeal — Challenge to validity of ordinance — Request for curative amendment — […]

503 A.2d 368 South Coventry Township and James Ottinger, Appellants v. Philadelphia Electric Company, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1985 January 22, 1986. Zoning — Scope of appellate review — Utilities — Siren towers — Facility — Disaster operations plan — Injunction. 1. In a zoning case, the scope of review of the […]

616 A.2d 1051 Anthony HARRELL, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CIRCLE HVAC), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 13, 1991. Decided April 15, 1992. Publication Ordered November 12, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. 89-2621. Page 9 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

388 A.2d 788 Pauline A. Loomer, w/o Walter E. Loomer, Jr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Hample Equipment Company, Respondents. Commonwealth Court of Pennsylvania.Argued June 9, 1978 July 20, 1978. Workmen’s compensation — Death — Outside salesman — Injury outside the Commonwealth — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

559 A.2d 988 John LIPCHIK a/k/a Jack Lipchik, Appellant, v. ERIE COUNTY, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs February 9, 1989. Decided May 31, 1989. Appeal from the Court of Common Pleas, Erie County, Shad Connelly, J. Page 348 Jane M. Earll, Erie, for appellant. Mark W. Richmond, Sol., Erie County Dept. of Health, […]

314 A.2d 596 Norman C. Marr, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued December 7, 1973 January 18, 1974. Unemployment compensation — Self-employment — Employment by others — Reduction of benefits — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Remuneration — Words […]

516 A.2d 810 JDK Management, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1986 October 22, 1986. Department of Public Welfare — Nursing home reimbursement — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Violation of constitutional rights […]

John C. CARABELLO, R.Ph., Petitioner v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Respondent. No. 2378 C.D. 2004.Commonwealth Court of Pennsylvania.Argued June 10, 2005. Decided July 28, 2005. Craig M. Kellerman, Norristown, for petitioner. Carole L. Clarke, Counsel, Harrisburg, for respondent. BEFORE: FRIEDMAN, J., COHN JUBELIRER, J., and FLAHERTY, Senior Judge. OPINION BY Judge FRIEDMAN. John […]

553 A.2d 1025 Norberto Serrano, Petitioner v. Workmen’s Compensation Appeal Board (Chain Bike Corporation), Respondents. Commonwealth Court of Pennsylvania.Submitted on briefs July 12, 1988. January 30, 1989. Workers’ compensation — Scope of appellate review — Clinical psychologist. 1. The scope of review of the Commonwealth Court of Pennsylvania in a workers’ compensation appeal where both […]

437 A.2d 771 Jones Laughlin Steel Corp., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Louise West, Widow of Eddie Lee West, Deceased, Respondents. Commonwealth Court of Pennsylvania.Argued September 17, 1981 November 17, 1981. Workmen’s compensation — Notice of death — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, […]

557 A.2d 440 Melissa Strobhar, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1989. April 14, 1989. Department of Public Welfare — Request for reconsideration — Appeals. 1. When a petitioner does not file a petition for review with the Commonwealth Court of Pennsylvania appealing a decision […]

426 A.2d 245 David Perminter, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1980 March 11, 1981. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Hearsay — Investigation by unemployment compensation authorities — Wilful misconduct […]

398 A.2d 734 Anthony J. Vovericz, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Commonwealth of Pennsylvania, Second Injury Reserve Fund, and S W Metal Products, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued September 15, 1978 March 6, 1979. Workmen’s compensation — Capricious disregard of competent evidence — Conflicting evidence — Loss of use of […]

704 A.2d 184 ALBERT GALLATIN AREA SCHOOL DISTRICT v. PENN TRANSPORTATION SERVICES, INC., Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1997. Decided December 19, 1997. Appeal from the Court of Common Pleas, Fayette County, No. 698 of 1996, G.D., Bell, Senior Judge. Herbert Margolis, Uniontown, for appellant. Alfred C. Maiello, Pittsburgh, for appellee. Before KELLEY […]

496 A.2d 891 In the Matter of Appeal of Cecil A. Harris. Cecil A. Harris, Appellant. Commonwealth Court of Pennsylvania. August 9, 1985. Civil service — Scope of appellate review — Philadelphia — Back pay — Suspension — Discharge — Disparate treatment. 1. In a civil service case, when the trial court takes no additional […]

County of Monroe v. Teamsters Local 229. No. 2009CD08.Commonwealth Court of Pennsylvania. August 24, 2009. Appeal from the Monroe County 2616 Civil 2008. Decisions Without Published Opinions Reversed and Vacated.

647 A.2d 966 Richard MILLER and Lucia Miller, his wife, Appellants, v. ZONING HEARING BOARD OF ROSS TOWNSHIP and the Township of Ross. Commonwealth Court of Pennsylvania.Argued March 1, 1994 Decided August 29, 1994. Reargument Denied October 25, 1994. Appeal from the Court of Common Pleas of Allegheny County, No. S.A. 1905 of 1987, Farino, […]

409 A.2d 514 Travelers Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, CNA Insurance Company and John Minoske, Respondents. Travelers Indemnity Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, CNA Insurance Company and Francis Bickel, Respondents. Commonwealth Court of Pennsylvania.Argued October 3, 1979 January 2, 1980. Workmen’s compensation — Liability […]

In re The Memorial Holy Monastery of St. Andrew Apodimon Trust, In re; Tsucalas. No. 168CD10.Commonwealth Court of Pennsylvania. June 16, 2011. Appeal from the Philadelphia County O.C. No. 249 NP of 2009. Commonwealth Court of Pennsylvania Decision Without Published Opinion Vacated Remanded.

437 A.2d 1273 Jeffrey S. Robson, a minor, by Edwin G. Robson and Elizabeth L. Robson, parents and natural guardians and Edwin G. Robson and Elizabeth L. Robson, in their own right, Appellants v. Penn Hills School District, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1981 December 16, 1981. Torts — Governmental immunity — Political […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Staph No. 1845CD08.Commonwealth Court of Pennsylvania. April 8, 2009. Lawrence County 70071 of 2008. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed.

474 A.2d 1231 Cumberland County Nursing Home, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 15, 1984. Unemployment compensation — Scope of appellate review — Burden of proof — Willful misconduct — Return from leave — Computation of benefits. 1. The scope of appellate review in cases […]

827 A.2d 535 James Russell, Petitioner v. William Donnelly, Individually and in his official capacity as the Prothonotary of the Court of Common Pleas of Montgomery County, Pennsylvania and Jeffrey Beard, Individually and in his official capacity as Secretary of the Department of Corrections, Respondents. No. 878 M.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 7, 2003. […]

544 A.2d 1094 John Rulli, Appellant v. Daniel T. Dunn et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 24, 1988. July 26, 1988. Criminal records — Expungement — State police — Damages. 1. When an order compelling the expungement of criminal records is not directed to the Commissioner or Director of Records of the State […]

636 A.2d 1266 Abraham A. CONSTANTINO, Jr., and Rose C. Constantino, Appellants, v. ZONING HEARING BOARD OF The BOROUGH OF FOREST HILLS and Borough Of Forest Hills (Two Cases). Commonwealth Court of Pennsylvania.Argued November 19, 1993. Decided January 11, 1994. Appeal from the Common Pleas Court, No. S.A. 3989-1992, Allegheny County, McClean, J. Page 298 […]

GUY M. COOPER, INC., Appellant v. EAST PENN SCHOOL DISTRICT v. Bilt-Rite Contractors, Inc., United States Fidelity Guaranty Company, and The Architectural Studio and O’Brien-Kreitzberg Associates, Inc. Guy M. Cooper, Inc. v. East Penn School District v. Bilt-Rite Contractors, Inc., United States Fidelity Guaranty Company, and The Architectural Studio and O’Brien-Kreitzberg Associates, Inc. Appeal of: […]

Brian A. CANDELA and Antoinette Candela, husband and wife, Appellants, v. MILLCREEK TOWNSHIP ZONING HEARING BOARD v. Waldameer Park, Inc., Paul T. Nelson and Stephen F. Gorman and Nancy Gorman, husband and wife, and Millcreek Township. Commonwealth Court of Pennsylvania.Argued October 18, 2005. Decided November 22, 2005. Appeal from the Court of Common Pleas, Erie […]

783 A.2d 846 Commonwealth of Pennsylvania v. Marvin E. Ebaugh, Appellant. No. 29 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: April 27, 2001. Filed: August 28, 2001. Page 847 Before: Honorable Joseph T. Doyle, President Judge; Honorable Doris A. Smith, Judge; Honorable Jim Flaherty, Senior Judge. OPINION PRESIDENT JUDGE DOYLE Marvin Eugene Ebaugh appeals from an order […]

687 A.2d 1198 MAR-PAT CO., INC., a Pennsylvania Corporation, v. The CITY OF ALLENTOWN, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1996. Decided January 7, 1997. Page 1199 Appeal from the Common Pleas Court, Lehigh County, Diffenderfer, President Judge. Patricia A. Siemiontknowski, Assistant City Solicitor, Allentown, for appellant. Steven A. Bergstein, Allentown, for appellee. Before […]

366 A.2d 613 Wheeling-Pittsburgh Steel Corporation, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee. Commonwealth Court of Pennsylvania.Argued October 29, 1976 December 7, 1976. Environmental law — Timeliness of appeal — Rules of Practice and Procedure of the Department of Environmental Resources — Appeal nunc pro tunc — Notice of right of appeal […]

382 A.2d 1290 Delaware Valley Convalescent Center, Inc. d/b/a Medicenter — Bristol, Petitioner v. Frank S. Beal, Secretary of the Pennsylvania Department of Public Welfare and the Pennsylvania Department of Public Welfare, Respondents. Commonwealth Court of Pennsylvania.Argued December 6, 1977 March 6, 1978. Public welfare — Nursing home reimbursement ceiling — Pennsylvania Medical Assistance Program […]

354 A.2d 7 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Mary Sebastiani v. Alfred J. Levy, t/a Lily Shop, Appellant. Commonwealth Court of Pennsylvania.Argued October 29, 1975 March 11, 1976. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

531 A.2d 76 City of Carbondale, Appellant v. Fraternal Order of Police Lodge 63 and John Barbaro and Walter Connor, Appellees. Commonwealth Court of Pennsylvania. September 14, 1987. Arbitration — Scope of appellate review — Essence test — Act of June 24, 1968, P.L. 237 — Police promotions — Absence of regulations — Past practices. […]

465 A.2d 105 Zoning Hearing Board of the Township of Indiana and the Township of Indiana, Appellants v. L. Jay Weitzel, Appellee. Commonwealth Court of Pennsylvania.Argued March 2, 1983 September 12, 1983. Zoning — Variance — Scope of appellate review — Unnecessary hardship — Economic hardship — Self-inflicted hardship — Findings by court. 1. In […]

784 A.2d 878 Michael J. Murphy v. Monroe County Tax Claim Bureau and Joseph Squires Appeal of: Joseph Squires and John Robson. No. 113 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 12, 2001. Filed: October 19, 2001. Page 879 Before: Honorable James R. Kelley, Judge; Honorable Jim Flaherty, Senior Judge; Honorable Jess S. Jiuliante, Senior Judge. […]

467 A.2d 74 Springdale Township v. Allegheny County Board of Property Assessment, Appeals and Review, et al. West Penn Power Company, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1983 October 26, 1983. Taxation — Exemption — Utility realty — Public Utility Realty Tax Act, Act of March 10, 1970, P.L. 168 — Indispensable party — […]

326 A.2d 643 Federal Reserve Bank of Philadelphia, Central Penn National Bank, Provident National Bank, First Pennsylvania Banking and Trust Company, The Fidelity Bank, Girard Trust Bank, Mellon National Bank and Trust Company, and The Philadelphia National Bank, Appellants, v. Pennsylvania Public Utility Commission, Appellee, and Purolator Courier Corp. and Protective Motor Service Company, Intervening […]

446 A.2d 985 George S. Haines, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 15, 1981. Unemployment compensation — Wilful misconduct — Intoxication. 1. An employe discharged for reporting to work while intoxicated or for drinking intoxicating liquor on the job is properly found to have been […]

669 A.2d 1027 CUMMINGS LUMBER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (YOUNG), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 22, 1995. Decided December 22, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A94-3408. Raymond E. Ginn, Jr., for petitioner. No appearance for respondent. Before COLINS, President Judge, McGINLEY, J., and MIRARCHI, Senior […]

375 A.2d 201 Commonwealth of Pennsylvania, Department of Public Welfare v. Joseph Glancey, Appellant. Commonwealth Court of Pennsylvania. July 11, 1977. Public assistance — Regulations of the Department of Public Welfare — Public Welfare Code, Act 1967, June 13, P.L. 31 — Maximum income for eligibility — Constitutional validity. 1. The Department of Public Welfare […]

351 A.2d 314 Rodney Phillips, Appellant v. Township of Neville, a Municipal Corporation; William A. Nickles, Jr.; Thomas Birko; George Toth; Chester Brown and Guido Batista, Appellees. Commonwealth Court of Pennsylvania.Argued October 31, 1975 February 10, 1976. Mandamus — Clear legal right — Discretionary acts — Mandatory duty — Disciplinary procedures. 1. Mandamus is an […]

739 A.2d 612 THE BETSY KING LPGA CLASSIC, INC. v. TOWNSHIP OF RICHMOND and FLEETWOOD AREA SCHOOL DISTRICT TOWNSHIP OF RICHMOND, Appellant THE BETSY KING CLASSIC CHARITIES, INC. v. TOWNSHIP OF RICHMOND and FLEETWOOD AREA SCHOOL DISTRICT TOWNSHIP OF RICHMOND, Appellant Nos. 2567 C.D. 1998, 2568 C.D. 1998Commonwealth Court of Pennsylvania.Argued: April 12, 1999 Filed: […]

492 A.2d 485 Commonwealth of Pennsylvania v. One 1981 Volvo Coupe Manufacturer’s No. YV1AX4728B1199644. Joey M. Scotten, Owner, Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1985 May 16, 1985. Motor vehicles — Forfeiture — Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233 — Controlled substance — Probable cause. 1. […]

621 A.2d 1121 FOREST AREA SCHOOL DISTRICT, Petitioner, v. John L. SHOUP, Respondent. Commonwealth Court of Pennsylvania.Argued October 19, 1992. Decided February 10, 1993. Appeal from the Secretary of Education, Teacher Tenure Appeal No. 12-90. Page 424 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

962 A.2d 697 James DEORIA, Petitioner v. STATE ATHLETIC COMMISSION and Harry Yorgey, Respondents. Harry Joe Yorgey, Petitioner v. Pennsylvania State Athletic Commission, Respondent. Nos. 1266 C.D. 2008, 1391 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: November 11, 2008. Decided: December 8, 2008. Page 698 David Berlin, New York, NY, for designated petitioner, James Deoria. Martha Herr […]

660 A.2d 677 CLARENCE MOORE and Pennlyco, Ltd. v. COMMONWEALTH Of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant. Commonwealth Court of Pennsylvania.Argued September 23, 1994. Decided June 6, 1995. Reargument Denied July 19, 1995. Appeal from the Common Pleas Court, Lycoming County No. 92-02222 Civil Action-Law, Brown, J. Page 678 Virginia J. Davison, Asst. Counsel, for […]

662 A.2d 1161 NORTH PENN SCHOOL DISTRICT, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1995. Decided August 1, 1995. Appeal from the Unemployment Compensation Board of Review, No. B-328199. Kenneth A. Roos, for petitioner. Paul R. Jordan, for respondent. Before DOYLE and PELLEGRINI, JJ., and NARICK, Senior Judge. […]

288 A.2d 557 Beebe, et al. v. Media Zoning Hearing Board and Hibberd, et al., Additional Parties. Commonwealth Court of Pennsylvania.Argued February 9, 1972 March 14, 1972. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Additional evidence — Trial de novo — Findings of fact — Pennsylvania Municipalities […]

987 A.2d 230 LaLeike v. West Chester Borough. No. 271CD09.Commonwealth Court of Pennsylvania. January 7, 2010. Reargument/Reconsideration Denied: March 11, 2010. Appeal from the Chester County 08-06493. Decisions Without Published Opinions Affirmed.

567 A.2d 1107 TOM MISTICK AND SONS, INC., D. Thomas Mistick, Appellants, v. CITY OF PITTSBURGH, Ben Woods, Jack Wagner, Otis Lyons, Michael Coyne, Michelle Madoff, Eugene DePasquale and James Ferlo, Appellees. Commonwealth Court of Pennsylvania.Argued October 3, 1989. Decided December 19, 1989. Appeal from the Court of Common Pleas, Allegheny County, Silvestri Silvestri, J. […]

834 A.2d 1253 Commonwealth of Pennsylvania v. Victor Parella, Appellant. No. 711 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: September 5, 2003. Filed: October 31, 2003. Page 1254 Victor M. Parrella, Jr., appellant, pro se. Jerry L. Spangler, Somerset, for appellee. BEFORE: PELLEGRINI, Judge; SIMPSON, Judge; MIRARCHI, Jr., Senior Judge. OPINION BY Judge SIMPSON. Victor Parella, representing […]

566 A.2d 649 Michael KARP and Amy Karp Individually and General Partners of University Club Associates, a Partnership, Appellants, v. REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA, Lee A. Casper, Edward A. Keenan, Kathleen Mulhern and Alice Lipscomb and Office of Community Development of the City of Philadelphia and Danico, Inc. et al., Appellees. Commonwealth […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Pitter. No. 2092 C.D. 09.Commonwealth Court of Pennsylvania. June 10, 2010. Appeal from the Philadelphia County 3742 June Term 2009. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

291 A.2d 313 Palmer, et ux. v. Department of Public Welfare. Commonwealth Court of Pennsylvania.Argued April 6, 1972 May 23, 1972. Public assistance — Department of Public Welfare — Work Incentive Program (WIN) — Student — Available for work — Labor market — Notice — Due process — Right to appeal — Scope of judicial […]

507 A.2d 922 Martin Dale Preston, Petitioner v. Workmen’s Compensation Appeal Board (Department of Transportation), Respondents. Commonwealth Court of Pennsylvania.Argued March 14, 1986 April 15, 1986. Workmen’s compensation — Recurrence — Aggravation — Hypertension. 1. In a workmen’s compensation case, a court deciding whether there has been a compensable recurrence of a medical condition which […]

394 A.2d 669 Edward B. Meyers and Irwin B. Robbins, t/a Best Homes, Appellants v. The Board of Supervisors of Lower Makefield Township, Appellee. Commonwealth Court of Pennsylvania.Argued September 26, 1978 November 22, 1978. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Ordinance — Presumption of constitutionality — […]

511 A.2d 284 Deb-Rob Taxi Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1986 June 27, 1986. Pennsylvania Public Utility Commission — Certificate of public convenience — Taxi — Notice of cancellation. 1. Adequate notice of administrative action is notice which is reasonably calculated under all the circumstances to […]

TONEY v. HARMAR TOWNSHIP. No. 86CD05.Commonwealth Court of Pennsylvania. December 12, 2005. Appeal from Allegheny County GD 03-9380. Decision without published opinion. Affirmed.

Commonwealth Court of Pennsylvania. South Street Theatre Corp. v. South Street Neighborhood Association …… 1802CD97 12/23/97 Philadelphia County Reversed 9608-SD-2836 Hawk v. Fayette County Tax Claim Bureau[***] …. 1136CD97 12/23/97 Fayette County Affirmed 1944 of 1996 Com., ex rel. Swint v. PA Board of Probation and Parole ……….. 2242CD97 12/23/97 Northumberland Affirmed County 00848 Phl […]

471 A.2d 937 Commonwealth of Pennsylvania, Pennsylvania Game Commission, Petitioner v. David A. Keown and Evelyn M. Keown, his wife, Respondents. Commonwealth Court of Pennsylvania.Argued November 14, 1983 February 27, 1984. Boundaries — Scope of appellate review — Maps — Courses and distances — Monuments — Adjoiners — Administrative Code of 1929, Act of April […]

860 A.2d 650 Robert R. CUMMINGS, Appellant v. The COMMONWEALTH of Pennsylvania, STATE SYSTEM OF HIGHER EDUCATION, Bloomsburg University, a/k/a Bloomsburg University of Pennsylvania of the State System of Higher Education. Commonwealth Court of Pennsylvania.Submitted on Briefs September 9, 2004. Decided: November 1, 2004. No. 456 C.D. 2004. Appeal from the Court of Common Pleas, […]

279 A.2d 387 Township of Franklin v. Borough of Delmont. Commonwealth Court of Pennsylvania.Argued June 4, 1971 July 8, 1971. Annexation — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Time for challenging the legality of an ordinance — Requirement of recognizance with sufficient security — Constitution of Pennsylvania, Article IX. […]

293 A.2d 129 Philadelphia Coke Division, Eastern Associated Coal Corporation v. Unemployment Compensation Board of Review. Commonwealth Court of Pennsylvania.Argued March 10, 1972 June 29, 1972. Unemployment compensation — Scope of appellate review — Findings of fact — Sufficient evidence — Evidence — Hearsay — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) […]

403 A.2d 210 Warwick Homes, Inc., Appellant v. Upper Merion Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1979 July 11, 1979. Municipalities — Municipal claim — Cost of weed removal — Sufficiency of denial — Reasonableness — Trial on the merits. 1. A mere denial of the reasonableness of a municipal claim for reimbursement […]

501 A.2d 704 Purcell Bronson, Petitioner v. Commonwealth of Pennsylvania, Board of Probation and Parole and Record/Assessment Unit of Graterford Prison, Respondents. Commonwealth Court of Pennsylvania. December 9, 1985. Submitted on briefs October 22, 1985, before President Judge CRUMLISH, JR., Judge ROGERS, and Senior Judge KALISH, sitting as a panel of three. Appeal, No. 141 […]

387 A.2d 951 Borough of Canonsburg, Appellant v. William A. Flood, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1978 June 13, 1978. Policemen and firemen — Abolishing position of police chief — Bad faith — Economy or efficiency — The Borough Code, Act 1966 February 1, P.L. (1965) 1656 — Mandamus. 1. A borough ordinance […]

598 A.2d 594 LINCOLN REALTY MANAGEMENT COMPANY, Petitioner, v. PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued June 10, 1991. Decided October 17, 1991. Appeal from the Commonwealth Court, No. 2010 C.D. 1990, McGinley, J. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

681 A.2d 235 Randy PAGNOTTA, legal guardian and parent for Randall PAGNOTTA, a minor child, and Methacton School District v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION INCORPORATED, Appellant. Commonwealth Court of Pennsylvania.Argued June 10, 1996. Decided July 31, 1996. Reargument Denied September 23, 1996. Appeal from the Common Pleas Court, County of Montgomery, No. 95-03817, Hodgson, J. […]

551 A.2d 344 Michael F. DePanfilis, Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent. Commonwealth Court of Pennsylvania.Argued October 3, 1988. December 7, 1988. Pharmacist license — State Board of Pharmacy — Medicaid fraud — Scope of review — Practice of pharmacy — Admission of criminal information — Harmless error. 1. In the […]

Commonwealth Court of Pennsylvania. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION— —– —— —- ————- ———– Henderson v. Benton Township ………. 3435CD97 9/2/98 Columbia County Affirmed 1300 of 96 Comm., Dept of Trans., Bureau of Driver Lic. v. Griffis ……….. 3548CD97 9/2/98 Wayne County Reversed 426-CIVIL-1997 Township of Neville v. Nam ………… 3039CD97 9/4/98 […]

674 A.2d 1167 David McKENZIE and Kimberly McKenzie, as Co-Administrators of the Estate of Sydney R. McKenzie, deceased, and David McKenzie and Kimberly McKenzie, individually, Appellants v. WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania Corporation; Vanport Township Municipal Authority, a Municipal Corporation; and Brighton Township Municipal Authority, a Municipal Corporation. Commonwealth Court of Pennsylvania.Argued March 14, 1996. […]

764 A.2d 101 CITY OF PITTSBURGH, Appellant v. FRATERNAL ORDER OF POLICE FORT PITT LODGE NO. 1. No. 1161 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: November 1, 2000. Filed: December 15, 2000. Before: Honorable James Gardner Colins, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Joseph F. McCloskey, Senior Judge. OPINION BY JUDGE COLINS The City of […]

543 A.2d 1288 Mona L. Fawber and Paul E. Fawber v. Dauphin County Tax Claim Bureau and Alan Goldstein. Alan Goldstein, Appellant. Commonwealth Court of Pennsylvania.Argued April 18, 1988. July 11, 1988. Tax sale — Real Estate Tax Sale Law, Act of July 7, 1947, P.L. 1368 — Appeal — Waiver. 1. Tax sale objectors […]

955 A.2d 1057 NATIONAL FIBERSTOCK CORPORATION (GREATER NEW YORK MUTUAL INSURANCE COMPANY), Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (GRAHL), Respondent. No. 1456 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on briefs March 7, 2008. Decided: August 29, 2008. Appeal from the petitioned for review of an adjudication of the Workers’ Compensation Appeal Board, No. A06-2827. Page 1058 […]

882 A.2d 41 STAUFFER v. ZONING HEARING BOARD OF THE TOWNSHIP OF RICHMOND. No. 59CD05.Commonwealth Court of Pennsylvania. August 3, 2005. Appeal from Berks County 04-9743. Decision without published opinion Affirmed.

465 A.2d 53 Thomas Collis et al. v. The Zoning Hearing Board of the City of Wilkes-Barre et al. Judy Krull and The Iron Triangle Committee, Appellants. Judy Krull and The Iron Triangle Committee, Appellants v. The Zoning Hearing Board of the City of Wilkes-Barre et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 8, 1983 […]

528 A.2d 1030 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Anne Patricia Miller, Appellee. Commonwealth Court of Pennsylvania. July 17, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Vehicle Code, 75 Pa. C. S. §§ 1781-1787 — Scope of appellate review — Findings of fact — Error […]

677 A.2d 1285 David James OLMSTEAD, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted March 29, 1996. Decided May 31, 1996. Reargument Denied July 18, 1996. Appeal from the Court of Common Pleas, Bradford County, No. 95 DL 000360, Smith, President Judge. Daniel J. Barrett, for Appellant. […]

596 A.2d 892 Dave SCARPONE, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1990. Decided August 5, 1991. Petition for Allowance of Appeal Granted November 7, 1991. Appeal from the Common Pleas Court, Allegheny County, No. 8508741, Raymond Novak, J. Page 561 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

425 A.2d 1196 Raymond J. Stanton, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, et al. and Julius T. Cuyler, Superintendent et al., State Correctional Institution at Graterford, Pennsylvania, Respondents. Commonwealth Court of Pennsylvania. February 27, 1981. Parole — Revocation — Convicted parole violator — Counsel. 1. A convicted parole violator faced […]

828 A.2d 485 Rev. Don Lyons, f/b/o Acres of Diamonds Community Development Corporation, Appellant v. City of Philadelphia Board of Revision of Taxes, City of Philadelphia and School District of Philadelphia No. 1512 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: June 2, 2003. Filed: July 15, 2003. Page 486 Alan M. Kaplan, Philadelphia, for appellant. Anne E. […]

436 A.2d 1248 Albert Matuella, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1981 November 18, 1981. Unemployment compensation — Wilful misconduct — Negligence — Vehicle accidents — Remand. 1. A single act of negligence does not constitute wilful misconduct, but a number of vehicle accidents […]

714 A.2d 1109 Frank Wholsein TELANG, M.D., Petitioner, v. COMMONWEALTH of Pennsylvania, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Respondent. Commonwealth Court of Pennsylvania.ARGUED February 12, 1998. Decided May 29, 1998. Reargument Denied August 7, 1998. Appeal from the State Board of Medicine, No. 0602-49-96. Page 1110 David R. Dearden, Wayne, for petitioner. Gerald S. Smith, […]

TOWNSHIP OF ROBINSON v. COVENTRY PARK, LLC. No. 2542CD05.Commonwealth Court of Pennsylvania. June 5, 2006. Appeal from Allegheny County SA 05-000311. Decision without published opinion. Vacated and Remanded.

Gray v. Barrett Township Zoning Hearing Board. Nos. 1262CD06, 1342CD06.Commonwealth Court of Pennsylvania. March 23, 2007. Appeal from the Monroe County 4216 Civil 2005 5045 Civil 2005. Decisions Without Published Opinions Vacated. Page 348

388 A.2d 1166 Richard Walther, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and B P Motor Express Co., Respondents. Commonwealth Court of Pennsylvania.Argued April 3, 1978 August 3, 1978. Workmen’s compensation — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — […]

823 A.2d 1069 Brookline Manor, Petitioner v. Department of Public Welfare, Respondent. No. 1941 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 1, 2003. Filed: May 16, 2003. Page 1070 Peter W. Kociolek, Jr., Harrisburg, for petitioner. Cynthia W. Williams, Harrisburg, for respondent. BEFORE: COHN, Judge; LEAVITT, Judge; FLAHERTY, Senior Judge. OPINION BY Judge LEAVITT. Brookline Manor […]

628 A.2d 920 ST. FRANCIS HOSPITAL OF NEW CASTLE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KERR), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 18, 1992. Decided July 7, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1963. Page 606 Ray F. Walters, Jr. and James A. Mazzotta for petitioner. Joseph E. Fieschko, Jr. […]

415 A.2d 160 Bruce T. Krieger, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 7, 1980 June 9, 1980. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Reprimand — Danger […]

437 A.2d 530 School District of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Commonwealth Court of Pennsylvania.Argued October 5, 1981 December 2, 1981. Schools — Reimbursement of construction costs — Mandamus — Adjudication — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Appraisal procedures. 1. Mandamus may […]

375 A.2d 890 Pennsylvania Turnpike Commission, Plaintiff v. Atlantic Richfield Company, Defendant. Commonwealth Court of Pennsylvania.Argued June 7, 1977 July 21, 1977. Action — Assumpsit — Summary judgment — Pa. R.C.P. No. 1035 — Laches — Equity — Action at law — Accounting — Limitation of actions — Applicability of limitation period to Pennsylvania Turnpike […]

618 A.2d 1178 Andrew MURHON, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KAWECKI BERYLCO, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 23, 1992. Decided December 16, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-140. Page 230 Marc S. Jacobs, for petitioner. Nancy M. Harris, for respondent. Page 231 Before SMITH and KELLEY, […]

445 A.2d 271 Zoeann Heinsohn, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued: March 3, 1982 May 18, 1982. Public assistance — Transportation allowance — Federal regulations — Reasons for decision — Administrative Agency Law, 2 Pa. C. S. § 507 — Basic Educational Opportunity Grant. 1. Applicable federal […]

713 A.2d 749 CRUCIBLE, INC., Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (VINOVICH), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 22, 1998. Decided June 25, 1998. Appeal from The Workers’ Compensation Appeal Board, No. A95-4056. Page 750 Daniel J. Iler, Washington, for petitioner. John J. Petrush, Beaver, for respondent. Before McGINLEY and LEADBETTER, JJ., and […]