Category: Pennsylvania Commonwealth Court Opinions

641 A.2d 15 Keith D. HORN, Jr. and Carla Brown Horn, Appellants, v. BOARD OF PROPERTY ASSESSMENT. Commonwealth Court of Pennsylvania.Argued March 3, 1994. Decided April 7, 1994. Appeal from the Common Pleas Court, Allegheny County, No. GD.93-6991, Musmanno, J. Robert X. Medonis, for appellants. John M. Silvestri, Asst. Legal Counsel, for appellee. Page 263 […]

365 A.2d 905 Penzoil United, Inc. and Aetna Casualty Surety Company, Appellants v. Fred J. Mitchell and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued September 13, 1976 November 16, 1976. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence […]

677 A.2d 876 Theresa L. WILKINSON and Randy Wilkinson, w/h, Appellants v. CONOY TOWNSHIP. Commonwealth Court of Pennsylvania.Argued April 19, 1996. Decided June 6, 1996. Appeal from the Court of Common Pleas, Lancaster, County, No. 5372 of 1993, Allison, J. Thomas P. Lang, for Appellants. Audrey J. Copeland, for Appellee. Before SMITH and FRIEDMAN, JJ., […]

353 A.2d 88 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Theodore P. Dravage, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 March 10, 1976. Unemployment compensation — Wilful misconduct — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Error […]

869 A.2d 39 Kim Heath, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 2170 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 8, 2004. Filed: February 24, 2005. Page 40 BEFORE: PELLEGRINI, Judge; JUBELIRER, Judge; FLAHERTY, Senior Judge. OPINION BY SENIOR JUDGE FLAHERTY. Kim Heath (Claimant) petitions for review of a decision of the Pennsylvania […]

407 A.2d 942 Linda I. Fera, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 November 14, 1979. Unemployment compensation — Wilful misconduct — Best evidence — Violation of company rule — Failure to object — Leaving the job site — Notice to employer — Reasonable […]

450 A.2d 273 Moyer’s Landfill, Inc., Appellant v. Zoning Hearing Board of Lower Providence Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1982 September 14, 1982. Zoning — Solicitor’s fee — Engineer’s services — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Sanitary landfills — Burden of proof — Definitive relief […]

288 A.2d 844 Pittsburgh v. The Ellis School, et al. Commonwealth Court of Pennsylvania.Argued February 24, 1972 March 28, 1972. Zoning — Alteration of site plan — Procedural requirements — Conditional use — Purpose of zoning ordinances. 1. Where a zoning ordinance requires a property owner to secure approval from a zoning administrator for alterations […]

477 A.2d 900 Steven J. Huyett, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 2, 1984. Unemployment compensation — Scope of appellate review — Wilful misconduct — Falsification of employment application — Hearsay. 1. The scope of appellate review in an unemployment compensation case where the party […]

349 A.2d 791 Commonwealth of Pennsylvania, Department of Transportation v. James J. Durkin, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1975 January 5, 1976. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Proof of conviction — Payment of fine — Admission — […]

780 A.2d 783 Teri Lee Rhoades and Andrew Alan Rhoades, Appellants v. Birth Correction Unit, Division of Vital Records, Department of Health. No. 1078 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: June 6, 2001. Filed: July 11, 2001. Page 784 Robert S. Mirin, Harrisburg, for appellants. Stephen D. Tompkkins, Harrisburg, for appellee. Before: Honorable Rochelle S. Friedman, […]

937 A.2d 1156 Ann SCHENCK, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FORD ELECTRONICS), Respondent. No. 1011 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: September 28, 2007. Decided: December 5, 2007. Page 1157 Patrick M. Donan, Philadelphia, for petitioner. Martin J. Fallon, Jr., Philadelphia, for respondent. BEFORE: SMITH-RIBNER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge. OPINION […]

Brian KELLEY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (STANDARD STEEL), Respondent. No. 1434 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs November 3, 2006. Decided March 6, 2007. Stephen A. Schneider, Harrisburg, for petitioner. Christopher E. Fisher, Harrisburg, for respondent. BEFORE: SMITH-RIBNER, Judge, and FRIEDMAN, Judge, and MeCLOSKEY, Senior Judge. OPINION BY Judge SMITH-RIBNER. Brian Kelley […]

452 A.2d 617 Woodville State Hospital, Department of Public Welfare, Petitioner v. Robert B. Ault, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1982 November 22, 1982. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Collateral attack upon evaluation report […]

551 A.2d 373 Veronica Feeley, Appellant v. Borough of Ridley Park, Appellee. Commonwealth Court of Pennsylvania.Argued November 4, 1988. December 9, 1988. Public nuisance — Scope of review — Unwarrantable and unreasonable use of property — Inconvenience or troublesome offense — Annoyance to whole community — Authority to abate nuisance — Borough Code, Act of […]

575 A.2d 649 F M SCHAEFFER BREWING COMPANY, c/o Stroh Brewing Company, Appellant, v. LEHIGH COUNTY BOARD OF APPEALS and County of Lehigh, Appellee (Four Cases). Commonwealth Court of Pennsylvania.Argued March 6, 1990. Decided May 17, 1990. Appeal from the Common Pleas Court, Lehigh County, Nos. 83-C-3255, 83C-3418, 84-C-1899, 84-C-812, John E. Backenstoe, J. Page […]

818 A.2d 607 DECISIONS WITHOUT PUBLISHED OPINIONS Commonwealth Court of Pennsylvania. February 2003. DOCKET TRIAL COURTCAPTION NUMBER DATE DOCKET NUMBER DISPOSITION__________________ ________ _________ _____________ ____________ City of Harrisburg 1909CD02 02/26/2003 Dauphin County Affirmed v. Consolidated 3780 So. 1998 Rail Corporation Millcreek Township 1771CD02 02/26/2003 Erie County Affirmed School District v. 14230-2001 Bishop of Erie Catholic […]

339 A.2d 650 Norman Desousa and Raymond Garfinkle, t/a Spring Ridge Apartments, v. The Zoning Hearing Board of Whitehall Township. Whitehall Township, Appellant. Commonwealth Court of Pennsylvania.Argued April 1, 1975 May 30, 1975. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Statutory construction — Permitted use — Liberal […]

673 A.2d 429 Francis KINNIRY, Petitioner, v. ABINGTON SCHOOL DISTRICT, Respondent. Commonwealth Court of Pennsylvania.Argued February 9, 1996. Decided March 19, 1996. Appealed from the Commonwealth Court, No. 1415 C.D. 1995, Friedman, J. Page 430 A. Martin Herring, for Petitioner. Kenneth A. Roos, for Respondent. Before DOYLE and FRIEDMAN, JJ., and MIRARCHI, Senior Judge. FRIEDMAN, […]

633 A.2d 655 Andrew HUNTER and Nancy Hunter, His Wife, George Royle, IV and Barbara H. Royle, His Wife, and Marjorie C. Wenning v. John BOWMAN, Charles Heidman and Charles Depue, Individually and as Supervisors of the Township of Paradise and the Township of Paradise, Appellants. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided October […]

505 A.2d 1110 Butler County Correctional Officers, et al., Appellants v. Butler County Commissioners, Appellees. Commonwealth Court of Pennsylvania.Argued November 13, 1985 March 7, 1986. Labor relations — County — County Code, Act of August 9, 1955, P.L. 323 — Budget transfer — Arbitration award — Legislative enactment — Burden of proof. 1. The power […]

339 A.2d 183 Workmen’s Compensation Appeal Board and Charles Rickles, Appellees, v. American Mutual Liability Insurance Company, Insurance Carrier, and Stephen Gould Paper Company of New Jersey, Appellants. Commonwealth Court of Pennsylvania.Argued February 6, 1975 June 6, 1975. Workmen’s compensation — Employment relationship — Question of law — Scope of appellate review — Violation of […]

400 A.2d 681 Suzanne Cunningham et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondents. Commonwealth Court of Pennsylvania.Argued December 6, 1979 April 24, 1979. Unemployment compensation — School teachers — Summer unemployment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Reasonable expectation of employment. 1. School employes […]

638 A.2d 477 Kenneth COLUMBO, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HOFMANN INDUSTRIES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted August 6, 1993. Decided March 1, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0231. Page 308 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

422 A.2d 738 Joe Bell, by his Guardian and Father, Timothy Bell et al., Petitioners v. Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued September 9, 1980 November 21, 1980. Argued September 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and […]

821 A.2d 1262 Brandywine Heights Area School District, Appellant v. Berks County Board of Assessment Appeals and Mountain Village, L.P. No. 2156 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 2, 2003. Filed: April 29, 2003. Page 1263 John M. Stott, Reading, for appellant. David E. Turner, Wyomissing, for appellees. Before: LEADBETTER, J., COHN, J. (P.), and […]

536 A.2d 875 Upper Gwynedd Township Authority v. Abraham and Edythe Roth, Husband and Wife. Edythe Roth, Appellant. Commonwealth Court of Pennsylvania.Argued June 8, 1987. February 3, 1988. Municipalities — Sewer lien — Act of September 23, 1959, P.L. 955 — Municipal authorities — Act of July 22, 1969, P.L. 176 — Scire facias — […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Mantella v. Comm., Dept. of Trans., Bureau of Driver Lic. ………………….. 737CD98 2/9/99 Bucks County Affirmed 97-8185-22-6 Davidson v. Zoning Board of Adjustment …………….. 1827CD98 2/9/99 Philadelphia County Affirmed 3719 Sept. 97 Borough of Carnegie v. Crown …………………. […]

458 A.2d 634 Irvin J. Stiffler, Petitioner v. Workmen’s Compensation Appeal Board (Great A P Tea Co.), Respondents. Commonwealth Court of Pennsylvania. April 7, 1983. Workmen’s compensation — Petition to terminate — Burden of proof — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

520 A.2d 70 Tid Bit Alley, Inc., Appellant v. Erie County, Erie County Department of Health, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1986 January 8, 1987. Health — Bulk food sale regulation — Standing — Local Health Administration Law, Act of August 24, 1951, P.L. 1304 — Nuisance — Eating and Drinking Places Law, […]

465 A.2d 147 Phillip McGinley, Petitioner v. Workmen’s Compensation Appeal Board (Acme Markets, Inc.), Respondents. Commonwealth Court of Pennsylvania. September 16, 1983. Workmen’s compensation — Petition to terminate — Burden of proof — Causation. 1. When a claimant is currently disabled, an employer filing a petition to terminate has the burden of establishing the absence […]

Henderson v. Bogusky. No. 1971CD07.Commonwealth Court of Pennsylvania. July 29, 2008. Appeal from the Luzerne County 2047-C-2004. Decisions Without Published Opinions Affirmed.

534 A.2d 598 Craig E. Dallmeyer, Appellant v. Board of Supervisors of East Manchester Township et al., Appellees. Craig E. Dallmeyer, Appellant v. Board of Supervisors of East Manchester Township et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1987. December 15, 1987. Subdivision — Scope of appellate review — Deemed approval — Pennsylvania Municipalities […]

597 A.2d 721 Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania, Petitioner, v. WEST BRANCH ADMINISTRATORS, INC., West Branch Capitol Corp., West Branch Consultants, Respondents. Commonwealth Court of Pennsylvania. Decided July 22, 1991. Heard on May 23 and May 24, 1991. Publication Ordered September 11, 1991. Page 382 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

331 A.2d 245 Harold Bauer, Thomas Evans, John Gaughan, Arthur Ginader, Walter Goerlitz, Arthur Heightman, Robert Jones, Robert Kuhn, William Lewis, Robert Magor, Dominick Renda and Edward Schlesser, Appellants, v. Eugene J. Peters, Mayor of the City of Scranton, Anthony J. Batsavage, Director of the Department of Public Safety of the City of Scranton, and […]

680 A.2d 19 In re Condemnation by the Pennsylvania Turnpike Commission of 14.38 Acres in Fee Simple, in North Beaver Township, Lawrence County, Commonwealth of Pennsylvania, for the Beaver Valley Expressway Project. Appeal of Condemnees James C. BRIGHT and Virginia Bright, and Douglas McKibben, Appellants. (Two Cases) In re Condemnation by the Pennsylvania Turnpike Commission […]

410 A.2d 90 The City of Philadelphia, Appellant v. Sterling Metalware Company, Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1979 January 4, 1980. Eminent domain — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law — De facto taking — Eminent Domain Code, Act 1964, June 22, P.L. 84 […]

Alexander v. Zoning Hearing Board of Mount Joy Township. No. 1437CD07.Commonwealth Court of Pennsylvania. January 22, 2008. Appeal from the Adams County 07-S-261. Decisions without Published Opinions Affirmed.

649 A.2d 478 STATE BOARD OF DENTISTRY, Appellant, v. Harold WELTMAN, D.D.S. Commonwealth Court of Pennsylvania.Argued September 22, 1994 Decided October 28, 1994. Appeal from the Court of Common Pleas, Luzerne County, No. 42E of 1994, Conahan, J. Page 198 Judith Pachter Schulder, for appellant. Joan P. Moses, for respondent. Before COLINS, President Judge, and […]

573 A.2d 628 James DORSEY, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted October 20, 1989. Decided January 23, 1990. Designated as Opinion to be Reported April 23, 1990. Petition for Allowance of Appeal Denied August 13, 1990. Appeal from the Pennsylvania Board of Probation and Parole, […]

339 A.2d 188 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Eastern Express, Inc. v. Pearl E. Hoffman, Executrix of the Estate of Marvin E. Hoffman, Appellant. Commonwealth Court of Pennsylvania.Argued May 8, 1975 June 11, 1975. Workmen’s compensation — Petition to terminate agreement — Burden of proof — Cause of disability — […]

406 A.2d 829 Franklin County Prison Board, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1979 August 31, 1979. Labor — Unfair labor practice — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Arbitration award — Salaries of prison employes — Power of salary […]

971 A.2d 545 NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner v. PUBLIC UTILITY COMMISSION, Respondent. No. 1540 C.D. 2008.Commonwealth Court of Pennsylvania.Argued March 30, 2009. Decided: April 30, 2009. Page 546 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 547 Benjamin C. Dunlap, Jr., […]

702 A.2d 370 Francis E. WEAVER, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 11, 1997. Decided August 13, 1997. Publication Ordered November 18, 1997. Page 371 Francis E. Weaver, petitioner, for himself. Victoria S. Freimuth, Asst. Counsel, Camp Hill, for respondent. Before PELLEGRINI, and FLAHERTY, JJ., and MIRARCHI, Jr., […]

676 A.2d 1330 Charles BONSAVAGE and Ann Bonsavage, his wife, Petitioners, v. BOROUGH OF WARRIOR RUN, Selma Wooton, Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Transportation, Respondents. Commonwealth Court of Pennsylvania.Argued April 19, 1996. Decided May 31, 1996. David R. Lipka, for Petitioners. Michael A. Pendolphi, for Respondent, Borough of Warrior Run. James […]

806 A.2d 518 Thomas C. Smith, III, Appellant v. Darnell Manson and The City of Pittsburgh. No. 2373 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: May 7, 2002. Filed: September 6, 2002. Jeffrey Hoffman, Gibsoinia, for appellant. Craig M. Straw, Pittsburgh, for appellant. Before: Honorable Doris A. Smith-Ribner, Judge; Honorable Robert Simpson, Judge; Honorable Joseph T. Doyle, […]

505 A.2d 1097 National Fuel Gas Supply Corporation v. Leonard N. Nowak, Secretary of Erie Zoning Hearing Board and Zoning Officer v. School District of the City of Erie. School District of the City of Erie, Appellant. National Fuel Gas Supply Corporation v. Leonard N. Nowak, Secretary, City of Erie Zoning Hearing Board and Zoning […]

646 A.2d 43 Charles K. ROBISON, on behalf of himself and all other persons similarly situated, Petitioner, v. FISH AND BOAT COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1994. Decided July 18, 1994. Reargument Denied September 8, 1994. Appeal from the Pennsylvania Fish and Boat Commission, No. FC R92-1. Page 98 [EDITORS’ NOTE: THIS […]

780 A.2d 750 John Brendel and Zoning Hearing Board of the Borough of Ridgway v. Zoning Enforcement Officer of the Borough of Ridgway, Appellant. No. 2228 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: May 7, 2001. Filed: July 9, 2001. David S. Pontzer, Ridgway, for appellant. Paul A. Barkus, Brookville, for appellees. Before: Honorable Joseph T. Doyle, […]

405 A.2d 1061 Redevelopment Authority of the County of Dauphin, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, and Pauline A. Smith, Respondents. Commonwealth Court of Pennsylvania.Argued June 4, 1979 September 12, 1979. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, […]

722 A.2d 1139 PENNSYLVANIA STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO AND ITS AFFILIATED LABOR ORGANIZATIONS, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, PREVAILING WAGE APPEALS BOARD; AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, Respondents. Commonwealth Court of Pennsylvania.Argued May 6, 1998. Filed January 11, 1999. Page 1140 Appeal from No. 3291 C.D. 1997. Irwin […]

676 A.2d 742 Ulysses COATES, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted April 4, 1996. Decided May 20, 1996. Appeal from The Unemployment Compensation Board of Review, No. B-342687. Page 743 Ulysses Coates, pro se, Petitioner. Randall S. Brandes, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for Respondent. […]

314 A.2d 545 Myron Wolkoff, Anthony Cognetti, Thomas Francis, Vincent Manzo, and James Doherty, All Councilmen of the City of Scranton, and Eugene J. Peters, Mayor of the City of Scranton, David Davis, Treasurer of the City of Scranton, William P. Feldcamp, Jr., Controller of the City of Scranton, Anthony Batsavage, Director of the Department […]

Donald HORNER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LIQUOR CONTROL BOARD), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 4, 2011. Decided June 14, 2011. Page 1098 Jeffrey S. Gross, Philadelphia, for petitioner. Stephen J. Harlen, Philadelphia, for respondent PA Liquor Control Board. BEFORE: LEADBETTER, President Judge, and McCULLOUGH, Judge, and BUTLER, Judge. OPINION BY […]

553 A.2d 114 Adrian C. Eckert et al. v. Thomas Pierotti et al. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant. Adrian C. Eckert et al. v. Thomas Pierotti et al. Thomas Pierotti, Hugh A. Rich, and Neil Nearing, Individually and as Supervisors for Hamilton Township, and Hamilton Township, McKean County, Pennsylvania, Appellants. Commonwealth Court […]

367 A.2d 816 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Joseph Stafford, Appellant. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. William J. Palo, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1976 January 12, 1977. Motor vehicles — Suspension of certificate of appointment as motor vehicle inspection mechanic […]

462 A.2d 962 Appeal of Philadelphia Center for Developmental Services, Inc., From the Decision of the Zoning Hearing Board of the Township of Upper Moreland, Montgomery County, Pa. Upper Moreland Township, Appellant. Commonwealth Court of Pennsylvania.Argued April 4, 1983 July 27, 1983. Zoning — Scope of review — Special exception — Burden of proof — […]

613 A.2d 165 Joseph ROZEK, Appellant, v. BRISTOL BOROUGH, Appellee. BOROUGH OF BRISTOL, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued June 15, 1992. Decided July 29, 1992. Appeal from the Common Pleas Court of Bucks County, No. 91-2256-18-6, Case 2148 C.D. 1991, John J. Rufe, J. Page 432 [EDITORS’ NOTE: THIS […]

457 A.2d 149 Coastal Tank Lines, Inc., Petitioner v. Workmen’s Compensation Appeal Board (John H. Swick), Respondents. Commonwealth Court of Pennsylvania.Argued October 4, 1982 February 24, 1983. Workmen’s compensation — Petition to terminate — Burden of proof — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Conflicting evidence — […]

629 A.2d 1046 ECC RETIREMENT VILLAGE, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 1992. Decided June 11, 1993. (Previously filed as non-report). Publication Ordered July 30, 1993. Page 21 Appeal from the DPW, Nos. 23-90-204, 23-90-205, 40-90-074, 40-90-075. Page 22 William D. Lenhan, for petitioner. Kathleen Grogan, Asst. Counsel, […]

541 A.2d 806 Centennial Spring Health Care Center et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1987. April 25, 1988. Department of Public Welfare — Reclassification of level of care at nursing facility — Scope of appellate review — Violation of constitutional rights — Error […]

599 A.2d 252 SOMERSET AREA SCHOOL DISTRICT, Appellant, v. James S. STARENCHAK, Appellee. Commonwealth Court of Pennsylvania.Submitted September 6, 1991. Decided November 8, 1991. Appeal from the Court of Common Pleas of Somerset County, No. 463 Civil 1990, Charles H. Coffroth, Senior Judge. Page 402 William R. Carroll, for appellant. Page 403 Ira Weiss, for […]

SCHOOL DISTRICT OF THE CITY OF YORK, Petitioner v. LINCOLN CHARTER SCHOOL, Respondent. Commonwealth Court of Pennsylvania.Argued December 13, 2005. Decided January 6, 2006. Appeal from the State Charter School Appeal Board, No. CAB 2005-3. Gregory H. Gettle, York, for petitioner. Daniel M. Fennick, York, for respondent. BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and […]

Jones v. Washington County Board of Assessment Appeals. No. 336CD08.Commonwealth Court of Pennsylvania. December 19, 2008. Appeal from the Washington County 2006-3397 2006-3398. Decisions Without Published Opinions Affirmed.

296 A.2d 297 Loder v. Unemployment Compensation Board of Review. Commonwealth Court of Pennsylvania.Argued September 13, 1972 November 1, 1972. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Credibility of witness — Weight of the evidence — Inferences — Findings of fact — Scope of appellate review — […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Shannon v. Comm. of 2033CD03 02/02/2004 Monroe County Affirmed PA, Dept. of Trans., 1709 CV 2003 Bureau of Driver Lic. Zwicky v. Zoning 1890CD03 02/04/2004 Berks County Affirmed Hearing Board of 02-10818 North Heidelberg […]

479 A.2d 57 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 3, 1984. Unemployment compensation — Wilful misconduct — Failure to report absence — Violation of rules — Warnings — Good cause — Good faith. 1. Failure to report an absence […]

392 A.2d 325 Robert P. Kane, Attorney General of the Commonwealth of Pennsylvania v. Insurance Company of North America et al. (Cross Appeals) Commonwealth Court of Pennsylvania.Argued April 5, 1978 September 28, 1978. Escheat — Perpetual fire insurance policies — Sale of property — Failure to demand return of deposits — Property of the insurer […]

450 A.2d 802 In Re: Petition for Referendum to Amend Home Rule Charter of City of Pittsburgh. Thomas Flaherty, An Individual Registered Voter etc., Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1982 October 1, 1982. Standing — Appeal — Pennsylvania Rule of Appellate Procedure 501 — Amicus curiae. 1. An individual who has appeared solely […]

325 A.2d 346 James C. McDowell, Appellant, v. Workmen’s Compensation Appeal Board and Humble Oil Refining Company, Appellees. Commonwealth Court of Pennsylvania.Submitted on briefs July 31, 1974. September 10, 1974. Workmen’s compensation — Findings of referee — Sufficient evidence — Burden of proof — Causation — Medical testimony. 1. In a workmen’s compensation case the […]

SOMERSET AREA SCHOOL DISTRICT, Appellant v. SOMERSET AREA EDUCATION ASSOCIATION. Commonwealth Court of Pennsylvania.Argued January 31, 2006. Decided May 8, 2006. Appeal from the Court of Common Pleas, Somerset County, No. 501 Civil 2004, Snyder, Senior J. Page 1171 William R. Carroll, Somerset, for appellant. William K. Eckel, Johnstown, for appellee. BEFORE: SMITH-RIBNER, Judge, and […]

817 A.2d 571 Edward Mack v. Civil Service Commission (City of Philadelphia) Appeal of: City of Philadelphia. No. 2044 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: November 5, 2002. Filed: February 24, 2003. Appeal from the Court of Common Pleas, Philadelphia County, No. 2001 January Term, 2001, Wolf, J. Leah Cilo, Philadelphia, for appellant. Michasel I. McDermott, […]

953 A.2d 614 PENNS MANOR AREA SCHOOL DISTRICT, Appellant v. PENNS MANOR AREA EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION. No. 1904 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs May 6, 2008. Decided July 17, 2008. Appeal from the Court of Common Pleas, Indiana County, No. 11169 CD 2007, Olson, J. David P. Andrews, Altoona, for appellant. William […]

698 A.2d 151 CHERYL D. ANDREWS, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 13, 1997. Decided July 21, 1997. Appeal from the Unemployment Compensation Board of Review, No. B-358240. William H. Haller, Philadelphia, for petitioner. James K. Bradley, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, […]

312 A.2d 609 George General, Appellant v. E. Roseman Co., Coal Operator’s Casualty Co., Insurance Carrier, and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued September 14, 1973 November 20, 1973. Workmen’s compensation — Time of appeal — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Notice — Mailing […]

938 A.2d 1191 Karen K. DEKLINSKI and Joseph A. Deklinski v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant. No. 2372 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs: December 12, 2007. Decided: December 24, 2007. Appeal from the Court of Common Pleas, Cumberland County, No. 06-3835 Civil Term, Oler, Jr., J. Page […]

545 A.2d 950 Marvin Schreiber, Brian C. Schreiber, and David L. Schreiber, t/d/b/a S S Land Company v. Tax Claim Bureau of The County of Butler and Robert C. Raida and Joanna R. Raida and James Wesley Newkirk. Robert C. Raida and Joanna R. Raida, his wife, Appellants. Marvin Schreiber, Brian C. Schreiber, and David […]

713 A.2d 174 PHILIP J. FRANTZ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs April 24, 1998. Decided June 9, 1998. Appeal from The Court of Common Pleas, Susquehanna County, No. 1997-909-CP, Seamans, President Judge. Timothy P. Wile, Asst. Counsel In-Charge, and Harold H. Cramer, […]

633 A.2d 240 ADAMS OUTDOOR ADVERTISING, LTD., a Limited Partnership, having as its General Partners, Adams Outdoor Advertising Inc., and Stephen Adams, Appellants v. HANOVER TOWNSHIP ZONING HEARING BOARD and Hanover Township Board of Supervisors. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided October 28, 1993. Appeal from the Common Pleas Court, Northampton County, No. […]

329 A.2d 869 Dale D. Akins, Inc., Appellant, v. Commonwealth of Pennsylvania, Department of Labor and Industry, Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1974 December 19, 1974. Labor — Pennsylvania Prevailing Wage Act, Act 1961, August 15, P. L. 987 — Intentional failure to pay prevailing wage rates. 1. Corporate officials cannot remain oblivious […]

455 A.2d 267 In The Matter of Revocation of Restaurant Liquor License Etc. Station Tavern, Inc., Appellant. Commonwealth Court of Pennsylvania. February 1, 1983. Submitted on briefs December 15, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three. Appeal, No. 2908 C.D. 1981, from the Order of the Court of Common […]

Mr. Charles GARRISON, Petitioner v. DEPT. OF CORRECTIONS Secretary of Correction Jeffrey Beard, Respondent. No. 537 M.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2010. Decided March 18, 2011. Page 561 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 562 Charles […]

439 A.2d 866 Mallard Associates, a Pennsylvania Limited Partnership, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Commonwealth Court of Pennsylvania.Argued June 1, 1981 January 21, 1982. Mandamus — Nursing home construction costs — Jurisdiction — Discretionary acts. 1. The Commonwealth Court of Pennsylvania has no authority to review a negative recommendation regarding the […]

851 A.2d 988 City of Allentown, Petitioner v. Pennsylvania Labor Relations Board, Respondent. No. 1774 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: December 26, 2003. Filed: May 11, 2004. Order Filed: July 9, 2004. ORDER COLINS, President Judge. NOW, July 9, 2004, having considered petitioner’s application for reargument, before the Court en banc, the application is denied. […]

561 A.2d 1337 Linda PAUSTIAN et al., Appellants, v. PENNSYLVANIA CONVENTION CENTER AUTHORITY and City of Philadelphia and Department of Revenue of the City of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued March 8, 1989. Decided August 4, 1989. Appeal from the Common Pleas Court, Philadelphia County. Page 471 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

542 A.2d 634 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James Eugene Dwyer, Appellee. Commonwealth Court of Pennsylvania. June 8, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Untimely appeal — Mandamus — Failure of Department of Transportation to return license. 1. An action by a motor […]

449 A.2d 78 Marian Glammer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1982 August 12, 1982. Unemployment compensation — Voluntary termination — Absence of employer from hearing — Due process — Advising of rights — Record. 1. The burden of establishing that a voluntary termination […]

501 A.2d 1172 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 52, Section 19 R/W, and Legislative Route 1101, Section F09, a Limited Access Highway Located in the Townships of Cambria and Munster — Property of: Christ Contakos and Irene Contakos, husband and wife. Commonwealth […]

798 A.2d 837 T.S., Pupil and L.S., Father/Legal Guardian of Pupil, Appellants v. Penn Manor School District. No. 1792 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: April 8, 2002. Filed: May 21, 2002. Appeal from the Court of Common Pleas, Lancaster County, No. CI-01-01401, Allison, J. Page 838 Shawn P. McLaughlin, York, for appellants. Robert M. Frankhouser, […]

512 A.2d 100 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Glenn E. Murdock, Appellee. Commonwealth Court of Pennsylvania. July 17, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Questions not properly raised. 1. A trial court errs in a motor vehicle operator’s license suspension appeal in […]

DELAWARE COUNTY LODGE NO. 27, FRATERNAL ORDER OF POLICE, Appellant v. TOWNSHIP OF TINICUM. Commonwealth Court of Pennsylvania.Argued February 27, 2006. Decided June 13, 2006. Publication Ordered October 2, 2006. Appeal from the Court of Common Pleas, Delaware County, No. 03-4654, Zetusky, J. Page 363 S. Stanton Miller, Jr., Media, for appellant. Scott E. Blissman, […]

374 A.2d 98 Riddle Paddock, Inc. v. Zoning Hearing Board of Middletown Township and Board of Supervisors of Township of Middletown. Board of Supervisors of the Township of Middletown, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1977 June 10, 1977. Zoning — Scope of appellate review — Abuse of discretion — Error of law — […]

424 A.2d 991 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Robert Reott, Appellee. Commonwealth Court of Pennsylvania.Argued December 11, 1980 January 22, 1981. Motor vehicles — Revocation of motor vehicle operator’s license — Timeliness of revocation — Failure to raise question properly below. 1. A court errs in overturning action […]

305 A.2d 392 Molmen v. Commonwealth. Commonwealth Court of Pennsylvania.Argued May 9, 1973 June 1, 1973. Eminent domain — Highways — State Highway Law, Act 1945, June 1, P. L. 1242 — Burden of proof — Necessity — Public officials — Presumption of good faith — Abuse of discretion — Public welfare — Record — […]

437 A.2d 461 Pittsburgh Hyatt House, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Solomon J. Kamara, Respondents. Commonwealth Court of Pennsylvania. November 23, 1981. Workmen’s compensation — Special mission. 1. Generally, injuries sustained by an employee while going from work are not compensable under workmen’s compensation; therefore, where an employee’s contract […]