Category: Pennsylvania Commonwealth Court Opinions

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 […]

325 A.2d 347 Helen Rieder, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Submitted on briefs, July 31, 1974. September 9, 1974. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Performance failures — Absence of explanation — Inability to […]

621 A.2d 1078 EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES and Allied Dunbar Property, Inc., Appellants, v. M. Christine MURPHY, Revenue Commissioner and City of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued June 18, 1992. Decided February 5, 1993. Appeal from the Common Pleas Court of Philadelphia County, No. 4446 January Term, 1987, Bernard J. […]

567 A.2d 763 STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, DEPARTMENT OF CORRECTIONS, Petitioner, v. Douglas ADAMSON, Respondent. Commonwealth Court of Pennsylvania.Argued October 5, 1989. Decided December 14, 1989. Page 169 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 170 David B. Farney, Asst. […]

595 A.2d 224 Sophie MASLOFF, Mayor of the City of Pittsburgh; Glenn Cannon, Director of Department of Public Safety; Charles Dickinson, Fire Chief, and the City of Pittsburgh Civil Service Commission, Appellants, v. Tommie BASCOVSKY, Richard Foust, Susan Pickett, Roxane Kearns and Kateri Sullivan, Appellees. Commonwealth Court of Pennsylvania.Argued April 29, 1991. Decided July 9, […]

516 A.2d 859 In Re: The Appeal of Lloyd B. Heller From the Decision of the Salisbury Township Zoning Hearing Board. Lloyd B. Heller, Appellant. Commonwealth Court of Pennsylvania.Argued September 8, 1986 October 28, 1986. Zoning — Scope of appellate review — Trailers — Structure — Farm buildings — Lease. 1. In a zoning case […]

548 A.2d 708 Bianchi Subaru, Inc., Petitioners v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent. Commonwealth Court of Pennsylvania.Argued May 24, 1988. October 18, 1988. Automobiles — Board of Vehicles Act, Act of December 22, 1983, P.L. 306 — Dealership — Protest — Administrative procedure. 1. Under Section 18 of […]

398 A.2d 768 Clifford Township, Appellant v. Donald Ransom and Carolyn E. Ransom, Appellees. Commonwealth Court of Pennsylvania. March 12, 1979. Highways — Abandonment — The Second Class Township Code, Act 1933, May 1, P.L. 103 — Maintenance responsibility — Lack of use. 1. Unless a township formally vacates a township highway by enactment of […]

572 A.2d 1295 WEIS MARKETS, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BARBUTO), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 29, 1989. Decided December 12, 1989. Designated as opinion to be reported April 10, 1990. Reargument Denied February 15, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-94193. Page 346 R. Burke McLemore, […]

580 A.2d 920 Diana L. MILLER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 27, 1990. Decided September 28, 1990. Appeal from the Unemployment Compensation Board of Review decision, No. B-279451-B. Page 333 Joseph R. DeCristopher, Sunbury, for petitioner. James K. Bradley, Asst. Counsel, with him, Clifford F. […]

662 A.2d 686 The PUBLIC ADVOCATE AND CONSUMERS EDUCATION AND PROTECTIVE ASSOCIATION and Tenant Action Group and Action Alliance of Senior Citizens, Appellants v. CITY OF PHILADELPHIA and Philadelphia Water Department. Commonwealth Court of Pennsylvania.Argued May 8, 1995. Decided July 17, 1995. Appeal from the Court of Common Pleas, Philadelphia County, 2159 May Term 1993, […]

314 A.2d 31 Clayton Fox, John I. McKenney, Mary Ellison, Edgar E. Huff, Grace P. Kirkpatrick, Bernell C. Brubaker, Charles T. Zeiders, Cole T. Gittman, Jr., Craig Loughery and Norah M. Cope, Individuals, Plaintiffs, v. Andrew J. Watson, Mary Alice Backman and Chester Litz, Individuals, Defendants. Commonwealth Court of Pennsylvania.Argued December 5, 1973 December 27, […]

402 A.2d 1162 Children’s Aid Society v. Zoning Board of Adjustment. City of Philadelphia, Appellant. Commonwealth Court of Pennsylvania.Argued April 5, 1979 July 9, 1979. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Use certificate — Special exception — Public welfare — Foster home — Harm to neighborhood […]

464 A.2d 623 Frank Keeler, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 22, 1983. Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three. Page 481 Appeal, No. 424 Misc. Docket No. 3, from the Order of the Pennsylvania Board […]

515 A.2d 83 Maunus and Thau, Petitioners v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued May 14, 1986 September 12, 1986. Attorneys — Scope of appellate review — State Ethics Act, Act of October 4, 1978, P.L. 883 — Public employees. 1. The scope of review of the Commonwealth Court of […]

365 A.2d 447 In Re: Proposed Tax Compromise and Private Sale of Premises Assessed as 300 Rear Bear Road, Township of Lehigh, County of Lackawanna, State of Pennsylvania, Assessed to J. H. Koch v. Berard P. J. Marinucci, Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1976 October 14, 1976. Property — Title — Tax sale […]

IN RE CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVAINA, DEPT. OF TRANS.; IN RE KORNFELD, GARY AND MARK; ROKOM, INC. v. COMM. OF PA, DEPT. OF TRANS. Nos. 1572CD04, 1573CD04.Commonwealth Court of Pennsylvania. October 13, 2005. Appeal from Luzerne County 1634-C of 2002, 1635-C of 2002. Decision without published opinion. Reversed

450 A.2d 325 Karen Genovese, Petitioner v. Workmen’s Compensation Appeal Board (National Record Mart, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued May 6, 1982 September 24, 1982. Workmen’s compensation — Petition to set aside final receipt — Remand — Additional medical evidence — Emotional difficulty. 1. The Workmen’s Compensation Appeal Board has no power to remand […]

505 A.2d 407 Robert Patton, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 3, 1986. Parole — Detainer — Agreement on Detainers Act, 42 Pa. C. S. §§ 9101-9108 — Recommitment — Parole agent. 1. Considering security matters and federal prisoner processing, four months is not […]

478 A.2d 510 Mary B. Card, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania School Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued February 1, 1984 July 12, 1984. Public School Employes’ Retirement Board — Purchase of retirement credits — Public School Employes’ Retirement Code of 1959, P.L. 350 — Field, of education — Instruction of subordinates […]

463 A.2d 90 Consolidated Rail Corporation, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Loyalsock Township et al., Intervenors. Commonwealth Court of Pennsylvania.Argued June 6, 1983 July 28, 1983. Pennsylvania Public Utility Commission — Jurisdiction — Highway — Bikeway — Railroad crossing — Public use. 1. The Public Utility Commission has express jurisdiction to order the […]

COMM. OF PA., DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. STOPKO. No. 1820CD05.Commonwealth Court of Pennsylvania. April 25, 2006. Appeal from Cambria 1820-2005. Decision without published opinion. Reversed.

546 A.2d 1291 Yvonne Edwards v. Commonwealth of Pennsylvania, Department of Transportation et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued March 23, 1988. August 22, 1988. Summary judgment — Pennsylvania Rule of Civil Procedure 1035 — Highways — Regulations. 1. Under Pennsylvania Rule of Civil Procedure 1035, summary judgment is […]

765 A.2d 410 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS and COMPSERVICES, INC., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (ANDERSON), Respondent. No. 3246 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: November 1, 2000. Filed: December 20, 2000. Page 411 Before: Honorable James Gardner Colins, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Joseph F. Mccloskey, Senior Judge. SENIOR JUDGE […]

520 A.2d 551 Lester H. Zimmerman, Jr., Appellant v. Betty S. Carter et al., Appellees. Commonwealth Court of Pennsylvania.Argued September 30, 1985 January 30, 1987. Counties — Mandamus — District Attorney — The County Code, Act of August 9, 1955, P.L. 323 — Cooperative Agreement — Social Security Act, 42 U.S.C. §§ 651-667. 1. Mandamus […]

413 A.2d 439 Henry Croll, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Dorr-Oliver, Inc., Respondents. Dorr-Oliver, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Henry Croll, Respondents. Commonwealth Court of Pennsylvania.Argued March 13, 1980 April 14, 1980. Workmen’s compensation — Remand — Interlocutory order — Inconsistent result in similar […]

947 A.2d 226 Mary Kay THERRES, John Innelli and Holly Baker, (husband wife), Thomas and Bunny Anderson, Joel, and Cindy Beach, Wayne and Elizabeth Brown, Ralph Chieffo and Susan Maeder, (husband and wife), Appellants v. The ZONING HEARING BOARD OF the BOROUGH OF ROSE VALLEY. No. 1086 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: March 10, 2008. […]

597 A.2d 259 Melanie CORSO, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SOUTHWINDS, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 12, 1991. Decided September 6, 1991. Reargument Denied October 25, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A90-485. Page 331 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

FALLS TOWNSHIP v. PENN PLACE, LLC. No. 1044CD05.Commonwealth Court of Pennsylvania. December 29, 2005. Appeal from Bucks County 03-04644-28-5. Decision without published opinion. Affirmed in Part, Reversed in Part and Remanded.

535 A.2d 209 Joseph F. Maloney, Appellant v. City of Philadelphia, Appellee. City of Philadelphia, Appellant v. Joseph F. Maloney, Appellee. Commonwealth Court of Pennsylvania.Argued September 18, 1987. December 15, 1987. Municipalities — Judgment n.o.v. — Appeal — Scope of appellate review — Governmental immunity — Real property exception — Judicial Code, 42 Pa. C. […]

395 A.2d 653 Rebecca K., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Edward L., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1977 December 20, 1978. Public assistance — Food stamps — Scope of appellate review — Administrative Agency Law, Act 1945, June 4, […]

778 A.2d 785 Wheeling Lake Erie Railway Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 1840 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: February 6, 2001. Filed: June 11, 2001. Page 786 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 787 Before: Honorable […]

423 A.2d 1135 Asten Hill Manufacturing Co., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Helen Adams, Respondents. Commonwealth Court of Pennsylvania. January 7, 1981. Workmen’s compensation — Appeal — Occupational disease — Disability — Pre-existing condition — Pulmonary asbestosis. 1. In a workmen’s compensation case, issues not raised before the referee or […]

392 A.2d 885 John O’Malia and Lillian O’Malia, his wife v. Council of the Township of Wilkes-Barre, Sitting as the Zoning Hearing Board of Wilkes-Barre Township. Council of the Township of Wilkes-Barre, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1978 October 12, 1978. Zoning — Scope of appellate review — Error of law — Abuse […]

William Arvid COWELL, Individually, and as Administrator of the Estate of Elaine C. Cowell, Deceased, and as Parent and Natural Guardian of Jonathan William Cowell, Christa Hailey Cowell, and Andrew Jacob Cowell, his Minor Children, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Commonwealth Court of Pennsylvania.Argued June 10, 2005. Decided July 5, 2005. Publication […]

607 A.2d 846 Lisbeth MIHOK, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, WOODVILLE STATE HOSPITAL, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 20, 1991. Decided: April 16, 1992. Appeal from the Commonwealth Court, No. 1719 C.D. 1991, Smith, J. Page 345 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

587 A.2d 839 Odell BRADLEY, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1990. Decided February 20, 1991. Appeal from the Board of Probation and Parole, No. 4183-M. Page 109 Wayne S. Melnick, Asst. Public Defender, Harrisburg, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, with him, Robert […]

Victor GALINDO, a minor by his parents and Natural Guardians, Brenda GOMEZ and Julio Galindo, and Brenda Gomez and Julio Galindo, in their own right v. CROZIER-KEYSTONE HEALTH SYSTEM; Crozer Chester Medical Center; Delaware Valley Women’s Health Associates; Drexel University College of Medicine; Helen Kuroki, M.D.; Emily Reeves, M.D.; and Dolores Turse, R.N. Appeal of: […]

706 A.2d 1269 LEWISTOWN HOSPITAL v. MIFFLIN COUNTY BOARD OF ASSESSMENT APPEALS COUNTY OF MIFFLIN, MIFFLIN COUNTY SCHOOL DISTRICT, DERRY TOWNSHIP MIFFLIN COUNTY, Appellant. Commonwealth Court of Pennsylvania.Argued November 5, 1997. Decided January 26, 1998. Reargument denied March 12, 1998. Appealed from The Common Pleas Court, Mifflin County, No. 1012 of 1995, Searer, President Judge. […]

863 A.2d 151 Wellington Foods, Petitioner v. Workers’ Compensation Appeal Board (Rice), Respondent. No. 2368 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 6, 2004. Filed: December 10, 2004. Petition for review of the Workers’ Compensation Appeal Board, No. A03-0259. Page 152 Carol A. Crisci, Fort Washington, for petitioner. Thomas F. Sacchetta, Media, for respondent. BEFORE: COLINS, […]

LaRose v. SEPTA.[5] Nos. 1216CD06, 1217CD06.Commonwealth Court of Pennsylvania. July 17, 2007. [5] Reargument En Banc Denied September 11, 2007. Appeal from the Philadelphia County 2514 Jan. Term 2004 2659 April Term 2004. Decisions without Published Opinions Reversed and Affirmed.

722 A.2d 767 IN RE: PETITION TO CHANGE THE REPRESENTATION PLAN OF THE OCTORARA AREA SCHOOL DISTRICT GERALD MUNDY, Appellant. NO. 8 C.D. 1998.Commonwealth Court of Pennsylvania.Argued September 14, 1998. Filed January 5, 1999. Page 768 Common Pleas Court, Chester County, No. 97-00801, Wood, J. Mary Rogers Auchincloss, for appellant. Alan J. Jarvis, for appellee. […]

CAREY v. CITY OF WILKES-BARRE. No. 1999CD05.Commonwealth Court of Pennsylvania. November 30, 2005. Appeal from Luzerne County 9378 of 2005. Decision without published opinion. Quashed. Page 1289

THE ZONING HEARING BOARD OF THE BOROUGH OF MOHNTON v. POWELL. No. 300CD05.Commonwealth Court of Pennsylvania. October 17, 2005. Appeal from Berks County, No. 04-812. Decision without published opinion. Affirmed.

557 A.2d 450 Clarence W. Donton, Jr., Petitioner v. Workmen’s Compensation Appeal Board (Prestolite Battery), Respondents. Commonwealth Court of Pennsylvania. April 21, 1989. Workers’ compensation — Refusal of reasonable medical services — Suspension of benefits — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

628 A.2d 914 The CITY OF HARRISBURG, individually and on behalf of all other similarly situated Local Taxing Authorities within the Commonwealth of Pennsylvania, Petitioner, v. Eileen Healy McNULTY, Secretary of the Department of Revenue, Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued March 31, 1993. Decided July 6, 1993. Page 594 William R. Balaban, […]

452 A.2d 1137 Lois Wood et al., Appellants v. A. Russell Parkhouse et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 8, 1982 December 8, 1982. Argued June 8, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL. Appeal, No. 2849 C.D. 1981, from the Order of the Court of Common Pleas […]

279 A.2d 777 Commonwealth v. Ferris. Commonwealth Court of Pennsylvania.Argued May 7, 1971 June 29, 1971. Operator’s license suspension — The Vehicle Code, Act 1959, April 29, P. L. 58, as amended — Failure to attend Driver Improvement School. 1. Failure on four occasions of a driver to attend Driver Improvement School as required by […]

732 A.2d 686 RAYMOND J. EVANS and BARBARA EVANS, Appellants v. ZONING HEARING BOARD OF THE BOROUGH OF SPRING CITY and BOROUGH OF SPRING CITY. Commonwealth Court of Pennsylvania.Argued: March 12, 1999. Filed: June 21, 1999. Appeal from No. 2448 C.D. 1998. Page 687 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

392 A.2d 902 Claude Edmundson, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1978 October 23, 1978. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Refusal of breath test — Administration of test by qualified personnel — Burden of […]

483 A.2d 589 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Burrell Construction Supply Company, Inc., Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1984 November 5, 1984. Public contracts — Board of claims — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Interpretation of contract — Discretion […]

505 A.2d 386 Leroy Thompson, Appellant v. West Branch Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued November 15, 1985 February 26, 1986. Taxation — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Surplus funds. 1. Authority in the Public School Code of 1949, Act of March 10, 1949, P.L. […]

624 A.2d 738 Rita MELE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (UNIONTOWN HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 5, 1993. Decided April 14, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1278. Page 66 Eric P. Betzner, for petitioner. David H. Dille and Pamela G. Cochenour, for respondent. Before CRAIG, President […]

507 A.2d 1281 William F. Ross, et al., Appellants v. Fayette County Zoning Hearing Board and Anthony Iron Metal Company, Appellees. Commonwealth Court of Pennsylvania.Argued March 10, 1986 April 17, 1986. Zoning — Bond — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Frivolous appeal — Hearing — Nonappearance. 1. Provisions […]

572 A.2d 31 MANHEIM CENTRAL EDUCATION ASSOCIATION, Appellant, v. MANHEIM CENTRAL SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued November 14, 1989. Decided February 15, 1990. Reargument Denied April 23, 1990. Petition for Allowance of Appeal Denied September 19, 1990. Appeal from the Court of Common Pleas, Lancaster County, No. 3073-1988, Ronald L. Buckwalter, J. Page […]

796 A.2d 1020 Millcreek Manor, Petitioner v. Department of Public Welfare, Respondent. No. 1329 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: November 6, 2001. Filed: April 18, 2002. Page 1021 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1022 Kathleen Herzog Larkin, Paoli, for […]

428 A.2d 1021 James Dunn, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1981 April 29, 1981. Unemployment compensation — Dismissal — Absentee control policy — Illness — Willful misconduct — Violation of rules. 1. In an unemployment compensation case, where the employer asserts that a […]

734 A.2d 478 MARK EDWARD LUTZ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant No. 2576 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: April 1, 1999. Filed: July 19, 1999. Page 479 Elaine N. Blass, Asst. Counsel, and Timothy P. Wile, Ast. Counsel In-Charge, Harrisburg, for apellant. Frank E. Reilly, Pittsburgh, for appellee. […]

645 A.2d 443 Jeanette SANTORI, Administratrix of the Estate of John Santori, Appellant, v. Vic SNYDER, Individually and Vic Snyder, Inc., and City of Philadelphia, and Finocchiaro Mechanical Excavation, Inc. and Joseph Genoese T/A Genoese Engineering Construction Company and Boulevard Properties. Commonwealth Court of Pennsylvania.Submitted on Briefs May 9, 1994. Decided July 6, 1994. Appeal […]

848 A.2d 1034 In Re: The Nomination Petition of Rodney A. Bedow, Sr. for Member of the Republican State Committee from Venango County in the Primary Election of April 27, 2004. Rodney A. Bedow, Sr., Petitioner v. Honarable Pedro A. Cortes, Secretary of the Commonwealth and Honorable Monna J. Accurti, Commissioner of the Bureau of […]

559 A.2d 67 Ronald Lawrence, Petitioner v. Workmen’s Compensation Appeal Board (Commercial Lovelace Motor Freight, Inc./Banner Industries), Respondents. Commercial Lovelace Motor Freight, Inc./Banner Industries, and Liberty Mutual Insurance Co., Petitioners v. Workmen’s Compensation Appeal Board (Lawrence and Aetna Life Casualty Co.), Respondents. Commonwealth Court of Pennsylvania. May 10, 1989. Workers’ compensation — Change of carriers […]

366 A.2d 960 Monday Shannon and Workmen’s Compensation Appeal Board v. Southwark Metal Manufacturing Co., and Rockwood Insurance Co. Southwark Metal Mfg. Co. and Rockwood Insurance Company, Appellants. Commonwealth Court of Pennsylvania.Argued September 10, 1976 December 10, 1976. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — […]

601 A.2d 397 Salvatore DI VITO, Appellant, v. CITY OF PHILADELPHIA, W. Wilson Goode, Mayor of Philadelphia and Seymour Kurland, City Solicitor and Fairmount Park Commission, Appellees. Commonwealth Court of Pennsylvania.Submitted on Briefs July 12, 1991. Decided December 11, 1991. Appeal from the Common Pleas Court, Philadelphia County, No. 814 December Term 1989, Samuel M. […]

616 A.2d 203 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant, v. William T. McCALL t/a Crown Distributing Co., Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1992. Decided October 19, 1992. Appeal from the Common Pleas Court of Cumberland County, No. 3053 Civil 1990, George B. Hoffer, J. Page 175 Thomas Ballaron, for appellant. […]

277 A.2d 176 Joseph Marchese and Samuel Monastero v. Norristown Borough Zoning Board of Adjustment. Commonwealth Court of Pennsylvania.Argued February 11, 1971 May 10, 1971. Zoning — Nonconforming use — Purpose of permitting nonconforming uses — Discontinuance of use for period specified in zoning ordinance — Abandonment — Intent to abandon — Presumption from lapse […]

709 A.2d 1003 In re Appeal of Brian M. PURICELLI from Decision of the Board of Supervisors of Newtown Township. Appeal of Brian M. PURICELLI, Appellant. Commonwealth Court of Pennsylvania.Argued February 12, 1998. Decided March 27, 1998. Appeal from the Common Pleas Court, Bucks County, No. 96-5355-19-5, Scott, J. Page 1004 Brian M. Puricelli, petitioner, […]

351 A.2d 318 Costos C. Costopoulos et al. v. Zoning Board of Adjustment and the Borough of Carlisle. Costos C. Costopoulos et al., Appellants. Commonwealth Court of Pennsylvania.Argued December 3, 1975 February 2, 1976. Ordinance — Constitutionality — Burden of proof — Signs — Public property — Exclusionary zoning — Control of public areas — […]

647 A.2d 608 Suzanne CIPOLLINI, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PHILADELPHIA ELECTRIC COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 6, 1994. Decided August 22, 1994. Petition for Allowance of Appeal Denied December 2, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-3251. Page 26 J. Michael Farrell, for petitioner. Patrick J. […]

345 A.2d 790 Philco Ford Corporation and Insurance Company of North America, Appellants, v. Ruth L. Engel, Appellee. Commonwealth Court of Pennsylvania.Argued September 12, 1975 October 10, 1975. Workmen’s compensation — Scope of appellate review — Capricious disregard of evidence — Partial disability — Loss of earning power — Fact question — Offer of light […]

417 A.2d 273 Marian Bell, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and City of Philadelphia, Respondents. Commonwealth Court of Pennsylvania.Argued June 5, 1980 July 22, 1980. Workmen’s compensation — Evidence — Medical testimony — Disability — Rehearing — Abuse of discretion. 1. In a workmen’s compensation case, conflicts in testimony and questions […]

471 A.2d 601 Liberty Nursing Center, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1983 February 16, 1984. Department of Public Welfare — Reimbursement of nursing facility — Timeliness of cost information — Increase in reimbursement ceiling. 1. A nursing care facility is not entitled to a […]

613 A.2d 155 UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, STEAMFITTERS LOCAL 449, AFL-CIO, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1992. Decided July 27, 1992. Appeal from the Labor Relations Board, No. PERA-C-89-566-W. Page 412 [EDITORS’ NOTE: […]

654 A.2d 183 Melvin KEITH, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (THE BUDD COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted: October 28, 1994. Decided: January 19, 1995. Reargument Denied: March 20, 1995. Appeal from No. 1279 C.D. 1994. Reversed and remanded with instructions. F. Barbara Danien, for petitioner. Clifford A. Goldstein, for respondent. Before McGINLEY and […]

542 A.2d 213 Glenn G. DeTurk, Appellant v. South Lebanon Township and South Lebanon Township Authority and D C Spinosa Co., Appellees. Commonwealth Court of Pennsylvania.Argued November 19, 1987. June 6, 1988. Municipalities — Immunity — Judicial Code, 42 Pa. C. S. § 8541 and § 8542 — Notice of condition — Summary judgment — […]

Commonwealth Court of Pennsylvania. Realtec Associates, Inc. v. Board of Supervisors of East Bradford Township ………. 843CD98 11/19/98 Chester County Affirmed 96-09580 R.C. Maxwell Company v. Comm., Dept. of Trans. ………… 1009CD98 11/19/98 Bucks County Affirmed 92-006030 McElwee v. Board of Supervisors of Limerick Township ………. 908CD98 11/20/98 Montgomery County Affirmed 97-16364 Levits v. Grim […]

988 A.2d 813 John C. BALSHY, Petitioner v. PENNSYLVANIA STATE POLICE and Office of General Counsel, Respondents. Janice Roadcap, Petitioner v. Office of General Counsel and Pennsylvania State Police, Respondents. No. 99 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: December 9, 2009. Decided: February 8, 2010. Page 814 Christopher J. Coyle, Lebanon, for petitioner, John C. Balshy. […]

555 A.2d 305 Kirk Prescott, a Minor by his Parent and Natural Guardian Arletta James, and Arletta James in her own right, Appellants v. Philadelphia Housing Authority and Edward S. Cox, Appellees. Commonwealth Court of Pennsylvania.Argued: December 16, 1988. March 10, 1989. Authorities — Immunity — Summary judgment — Judicial Code, 42 Pa. C. S. […]

Kohr v. Lower Windsor Township Board of Supervisors.[2] Nos. 1704CD09, 1748CD09.Commonwealth Court of Pennsylvania. July 13, 2010. [2] Reargument Denied Sepetember 2, 2010. Appeal from the York County 04-SU-000282-Y08. Decisions Without Published Opinions. Vacated and Remanded.

707 A.2d 636 RAPID PALLET, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 21, 1997. Decided February 25, 1998. Appeal from the Unemployment Compensation Board of Review, No. B-363133. Page 637 James A. Sposito, Scranton, for petitioner. James K. radley, Assistant Counsel, and Clifford F. Blaze, Deputy Chief […]

299 A.2d 381 Sherred v. Pittsburgh. Commonwealth Court of Pennsylvania.Argued December 8, 1972 January 25, 1973. Workmen’s compensation — Scope of appellate review — Findings of fact — Conclusions of law — Capricious disregard of competent evidence — Remand. 1. In a workmen’s compensation case, wherein the adjudication of the Workmen’s Compensation Appeal Board is […]

419 A.2d 818 Faxon Company and The Faxon Lumber Company, Petitioners v. Pennsylvania Public Utility Commission et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 5, 1980 September 23, 1980. Pennsylvania Public Utility Commission — Removal of railroad crossing — Public safety — Public Utility Code, 66 Pa. C. S. § 2702 — Substantial evidence — […]

756 A.2d 138 THOMAS J. TARKA, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 2940 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: April 28, 2000. Filed: July 14, 2000. Page 139 Stewart J. Greenleaf, Blue Bell, for appellant. Marc A. Werlinsky and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellee. Before: […]

394 A.2d 1320 Joanna Davis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 December 11, 1978. Unemployment compensation — Availability for suitable work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — School employes — Summer unemployment — Expectation of recall. 1. […]

280 A.2d 122 Commonwealth v. Kurtek. Commonwealth Court of Pennsylvania.Argued April 20, 1971 July 21, 1971. Appeals — Findings of fact — Commonwealth Court Rule 23 — The Vehicle Code, Act 1959, April 29, P. L. 58, as amended — Suspension of motor vehicle operator’s privilege — Age of suspended driver — Junior operator’s license. […]

467 A.2d 432 Robert J. Bruckner, Petitioner v. Lancaster County Area Vocational-Technical Joint School Operating Committee, Respondent. Area Vocational-Technical School Committee for Lancaster County, Petitioner v. Robert J. Bruckner, Respondent. Commonwealth Court of Pennsylvania. November 10, 1983. Schools — Dismissal of professional employe — Cause of dismissal — Public School Code of 1949, Act of […]

291 A.2d 336 Allentown Wholesale Grocery Company v. Commonwealth. Commonwealth Court of Pennsylvania.Argued March 8, 1972 May 25, 1972. Taxation — Corporate Net Income Tax Act, Act 1935, May 16, P. L. 208 — Capital Stock Tax Act, Act 1889, June 1, P. L. 420 — Fiscal year — Calendar year — Accounting methods — […]

825 A.2d 733 Safe Harbor Water Power Corp., Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. PPL Inc., f/k/a Pennsylvania Power and Light Company, Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. Interstate Energy Co., Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. PG Energy, Inc., f/k/a Pennsylvania Gas Water Company, Petitioner […]

574 A.2d 1168 In re Nominating Petition of Esther M. LEE for the Position of Representative in the General Assembly of District No. 135 — Democrat. Appeal of Daniel James ANDERS, Petitioner. Commonwealth Court of Pennsylvania.Heard March 20, 1990. Decided April 4, 1990. Page 2 Michele A. Varricchio, Rooney Varricchio, Allentown, for petitioner. Glennis L. […]

961 A.2d 275 VFW Post v. Comm. of PA. No. 2184CD07.Commonwealth Court of Pennsylvania. November 6, 2008. Appeal from the Allegheny County CL/SA 435 of 2006. Decisions Without Published Opinions Reversed.

274 A.2d 551 Robert Louis Corporation v. Board of Adjustment of Radnor Township. Commonwealth Court of Pennsylvania.Argued December 15, 1970 March 2, 1971. Zoning — Constitutional right of appeal — Zoning Ordinance — Presumption of validity and burden of proof — Neighborhood influence in procuring the passage of a zoning ordinance — Constitutional law — […]

933 A.2d 1067 Earl W. BEERS and Susan A. Beers by P/O/A Glenn BEERS v. ZONING HEARING BOARD OF TOWAMENSING TOWNSHIP and Board of Supervisors of Towamensing Township Appeal of: Board of Supervisors of Towamensing Township. No. 773 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: September 4, 2007. Decided:: October 1, 2007. Appeal from the Court of […]

433 A.2d 594 Harold P. Watkins, Individually and as Representative Claimant in Mass. Appeal, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Harold P. Watkins, Individually and as Representative Claimant in Mass. Appeal, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1980 August […]

COMMUNITIES FIRST v. BOARD OF SUPERVISORS OF KILBUCK TOWNSHIP. No. 1615CD04.Commonwealth Court of Pennsylvania. July 1, 2005. Appeal from Allegheny County SA 02-000556. Decision without published opinion. Affirmed.

417 A.2d 1301 Arnold R. Small, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1980 August 6, 1980. Unemployment compensation — Voluntary termination — Charges against employe — Umemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Cause of a necessitous and compelling nature […]

592 A.2d 118 N. PUGLIESE, INC., Appellant, v. PALMER TOWNSHIP ZONING HEARING BOARD and Palmer Township, Appellees. Commonwealth Court of Pennsylvania.Argued April 1, 1991. Decided May 29, 1991. Appeal from the Court of Common Pleas of Northampton County, No. 1990-125, F.P. Kimberly McFadden, J. Page 161 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Janet GUTMAN, t/d/b/a World Insurance Auto Tags, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent. No. 2020 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted January 28, 2011. Decided March 18, 2011. Page 567 Peter B. Foster, Harrisburg, for petitioner. Terrance M. Edwards, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge. OPINION BY Senior Judge […]

416 A.2d 1164 Arlene Frable, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Anna P. O’Donnell et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1980 July 21, 1980. Unemployment compensation — Voluntary termination of employment — Burden of proof — Cause […]

281 A.2d 87 Butler Area Sewer Authority v. Northwest Sanitary Sewer System Authority. Commonwealth Court of Pennsylvania.Argued June 2, 1971 August 27, 1971 Procedure — Petition and rule — Right of court to entertain petitions and issue rules — Conversion by appellate court of petition and rule into another form of action. Page 77 1. […]