Category: Pennsylvania Commonwealth Court Opinions

654 A.2d 645 Charles FEASTER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 2, 1994. Decided: February 8, 1995. Appeal from No. 3040-H. Page 646 Affirmed. Kent D. Watkins, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. Before SMITH and KELLEY, JJ., and KELTON, Senior […]

641 A.2d 1277 WESTINGHOUSE ELECTRIC CORP., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PETERSON), Respondent. Commonwealth Court of Pennsylvania.Submitted March 18, 1994. Decided May 9, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-0668. Page 33 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

404 A.2d 755 George Jones, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 7, 1979. Pennsylvania Board of Probation and Parole — Pre-trial detention — Bail — Timeliness of revocation hearing — Continuance — Act of 1941, August 6, P.L. 861 — Order of serving sentences […]

541 A.2d 45 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Josephine E. Adair, Appellee. Commonwealth Court of Pennsylvania. May 5, 1988. Liquor — Suspension of liquor license — Modification of penalty — Remand. 1. A trial court may modify a penalty imposed by the Pennsylvania Liquor Control Board only when the court finds […]

688 A.2d 754 EDWIN PIERCE, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted November 20, 1996. Decided January 22, 1997. Appeal from the Board of Probation and Parole. Page 755 William Ruzzo, Assistant Public Defender, Wilkes-Barre, and Edward C. Greco, Kulpmont, for petitioner. Mary C. Bodo, Chief Counsel, Harrisburg, for […]

405 A.2d 1379 Beverly P. Hacker, Petitioner v. The Pennsylvania Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1979 September 28, 1979. Pennsylvania State Horse Racing Commission — Unlawful drugs — Liability of trainer — Rules of Racing — Accidental ingestion. 1. Under the Rules of Racing the Pennsylvania State Horse Racing Commission […]

496 A.2d 67 Edward Singer, Petitioner v. Workmen’s Compensation Appeal Board (Fruehauf and CNA Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Argued May 7, 1985 July 17, 1985. Workmen’s compensation — Scope of appellate review — Capricious disregard of competent evidence — Stipulations of facts — Substantial evidence. 1. Review by the Commonwealth Court of Pennsylvania […]

669 A.2d 1029 Irwin A. POPOWSKY, Consumer Advocate, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. PENNSYLVANIA CABLE TELEVISION ASSOCIATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. CENTRAL ATLANTIC PAYPHONE ASSOCIATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. AT T COMMUNICATIONS OF PENNSYLVANIA, INC., Petitioner, v. […]

John PETTIT, District Attorney of Washington County, Pennsylvania v. Michael NAMIE, Controller of Washington County, Pennsylvania Appeal of: Board of Commissioners of Washington County, Washington County and Michael Namie. John Pettit, District Attorney of Washington County, Pennsylvania, Appellant v. Michael L. Namie, Controller of Washington County, Pennsylvania, Board of Commissioners of Washington County, Pennsylvania and […]

303 A.2d 258 Bensalem Township School District v. Bucks County Commissioners, et al. Commonwealth Court of Pennsylvania.Argued February 8, 1973 April 6, 1973. Environmental law — Constitutionality of statute — Act of 1966, January 13, P. L. (1965) 1292 — Open lands — Uniformity — Constitution of Pennsylvania, Article VIII, Section 1 and Article III, […]

620 A.2d 550 Rudolph GOLDBERG, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GIRARD PROVISION COMPANY), Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1992. Decided January 11, 1993. Appeal from Workmen’s Compensation Appeal Board, No. A90-2257. Page 560 Richard A. Weisbord, for petitioner. Carol S. Neitz, for respondent. Before CRAIG, President Judge, SMITH, J., and NARICK, Senior […]

457 A.2d 231 Ellwood City Hospital, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 23, 1983. Unemployment compensation — Suitability of employment — Refusal of work — Good cause. 1. In determining whether the refusal by an unemployment compensation claimant of an offer of work was reasonable […]

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 […]

764 A.2d 92 PENNSYLVANIA STATE POLICE, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. No. 441 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: September 13, 2000. Filed: December 12, 2000. Page 93 Before: Honorable Doris A. Smith, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION BY SENIOR JUDGE RODGERS The Pennsylvania State Police […]

518 A.2d 348 Lindsey Currie, Deceased, Josephine Arkward, Sister, Petitioner v. Workmen’s Compensation Appeal Board (Sharon Steel Corporation), Respondents. Commonwealth Court of Pennsylvania. December 9, 1986. Workmen’s compensation — Sister — Dependence — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Burden of proof — Scope of appellate review. 1. […]

694 A.2d 361 FRANCES W. REYNOLDS v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted January 31, 1997. Decided May 16, 1997. Appeal from the Court of Common Pleas, Montgomery County, No. 95-22016, Tressler, J. Page 362 Matthew X. Haeckler, Assistant Counsel, and Timothy P. Wile, Assistant Counsel […]

959 A.2d 530 Teed v. Hilltown Township. No. 75CD08.Commonwealth Court of Pennsylvania. September 9, 2008. Appeal from the Bucks County 2003-06281. Decisions Without Published Opinions Affirmed.

487 A.2d 101 George Anderson, III, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 1, 1985. Unemployment compensation — Willful misconduct — Good cause — Remand. 1. Whether the facts in an unemployment compensation case demonstrate willful misconduct is a question of law subject to review by […]

667 A.2d 477 COMMONWEALTH of Pennsylvania v. James SWIFT and Allegheny County Department of Health James Swift, Appellant. Commonwealth Court of Pennsylvania.Argued May 10, 1995. Decided November 16, 1995. Appeal from The Court of Common Pleas, Allegheny County, No. S.A. 3768 of 1993, Doyle, J. James Swift, appellant, pro se. Robert G. Borgoyn, Jr., Assistant […]

496 A.2d 72 Township of Silver Spring, Appellant v. Jeffrey Thompson, Appellee. Commonwealth Court of Pennsylvania.Argued May 9, 1985 July 18, 1985. Municipalities — Dismissal of police officer — Conduct unbecoming an officer — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

510 A.2d 406 Richard C. Escott, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 13, 1986. Unemployment compensation — Lateness — Log books — Willful misconduct. 1. When an unemployment compensation claimant has been discharged for lateness, it is error for the referee to make a conclusion […]

566 A.2d 645 Margaret E. MURRAY, Administratrix of the Estate of Cherise R. Silvis, a/k/a Cherise R. Murray, deceased v. Richard J. ZARGER, Jack McIntyre, and Corry Area School District. Appeal of Jack McINTYRE and Corry Area School District, Appellants. Commonwealth Court of Pennsylvania.Argued October 5, 1989. Decided November 21, 1989. Appeal from the Court […]

Selim EL-ATTRACHE, M.D., Petitioner v. PENNSYLVANIA INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 2006. Decided June 1, 2006. Appeal from the Insurance Commissioner, No. MM05-05-019. Page 456 Jon M. Lewis, Greensburg, for petitioner. Cindy E. Sheaffer, Department Counsel, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, and PELLEGRINI, Judge, and KELLEY, Senior Judge. OPINION BY […]

391 A.2d 1097 Scholastic Technical Service Employees, The Pennsylvania State University, Local Union No. 8, Appellant v. The Pennsylvania State University, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1978 September 21, 1978. Arbitration — Labor — Act of 1927, April 25, P.L. 381 — Scope of appellate review — Judgment notwithstanding the verdict — No […]

643 A.2d 156 William P. DAMICO v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH and Sotel, Inc. William P. DAMICO v. CITY OF PITTSBURGH and The City Council of the City of Pittsburgh, and Sotel, Inc. William P. DAMICO v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH and City of Pittsburgh […]

532 A.2d 1271 Muncy Creek Township, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 4, 1987. Unemployment compensation — Wilful misconduct — Failure to cooperate with employer — Conduct of spouse. 1. Wilful misconduct disqualifying an applicant from receipt of unemployment compensation benefits by an employe discharged […]

811 A.2d 1096 Aldo D. Mirarchi and Robert L. Keith, Jr., Petitioners v. Department of Corrections, Respondent. No. 1790 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: September 12, 2002. Filed: December 3, 2002. Page 1097 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1098 […]

320 A.2d 453 Northern Metal Company, Appellant, v. Workmen’s Compensation Appeal Board and James Young, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1973 June 3, 1974. Workmen’s compensation — Burden of proof — Disability — Availability of work — Offer of employment — Power of Workmen’s Compensation Appeal Board — Factual determinations — Findings of […]

782 A.2d 605 Mason K. Pettibone, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 2455 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 12, 2001. Filed: August 16, 2001. Page 606 Before: Honorable Doris A. Smith, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION JUDGE FRIEDMAN Mason K. Pettibone (Pettibone) […]

649 A.2d 151 Elayne HOGE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SUTTON PRINTING CO.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 26, 1994. Decided October 7, 1994. Petition for Allowance of Appeal Denied February 13, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1501. Page 44 Lisa J. Buday, for petitioner. Roy F. […]

675 A.2d 781 GLENN’S DAIRY, INC., Appellant, v. The CITY OF PITTSBURGH and Paul Hannigan, in his official capacity as, Treasurer of the City of Pittsburgh. Commonwealth Court of Pennsylvania.Argued March 12, 1996. Decided April 30, 1996. Appeal from the Court of Common Pleas, Allegheny County, No. G.D. 94-16796, Strassburger, J. Page 782 Julius A. […]

645 A.2d 933 BENSALEM RACING ASSOCIATION, Petitioner, v. STATE HORSE RACING COMMISSION, Respondent. PENN NATIONAL TURF CLUB, INC., Petitioner, v. STATE HORSE RACING COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued December 16, 1993. Decided July 12, 1994. Reargument Denied September 8, 1994. Appeal from the State Horse Racing Commission. Page 648 Joseph J. Malatesta, Jr., for […]

433 A.2d 143 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Carl L. Schodde et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1981 August 5, 1981. Eminent domain — Preliminary objections — Amendment — De facto taking — Scope of appellate review — Remand. 1. In an eminent domain case a court has the […]

Board of Supervisors of West Vincent Township v. Cooke. No. 1300CD08.Commonwealth Court of Pennsylvania. March 31, 2009. Appeal from the Chester County 07-09631. Decisions Without Published Opinions Reversed. Page 640

656 A.2d 590 NORTHEASTERN GAS CO., INC., Floyd C. Hoffman and Marian Hoffman, Appellants, v. Donald KARPOWICH and Foster Township. Commonwealth Court of Pennsylvania.Argued September 23, 1994. Decided March 21, 1995. Appeal from the Common Pleas Court, Luzerne County, No. 1537-C-1993, Musto, J. Silvestri, Senior Judge, filed dissenting opinion. Thomas L. Kennedy, for appellants. George […]

Denise M. LIVERINGHOUSE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ADECCO), Respondent. No. 1639 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs January 2, 2009. Decided March 19, 2009. Reconsideration and/or Reargument Denied En Banc May 8, 2009. Page 509 Denise M. Liveringhouse, petitioner, pro se. Marta J. Guhl, Philadelphia, for respondent. BEFORE: SMITH-RIBNER, Judge, COHN JUBELIRER, […]

410 A.2d 957 Peter Simpson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. February 4, 1980. Pennsylvania Board of Probation and Parole — Convicted parole violator — Credit for time on parole — Extension of maximum sentence date — Act of 1941, August 6, P.L. 861 — […]

Dale HELLER t/d/b/a Dale’s Auto Sales v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant. No. 2593 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs June 24, 2011. Decided July 20, 2011. Reargument Denied September 15, 2011. Appeal from the Court of Common Pleas, Monroe County, No. 6390 CIVIL 2010, Worthington, J., Philip […]

374 A.2d 741 Brazos Caronia, Plaintiff v. Herbert Greenfeder et al., Defendants. Philadelphia State Hospital, Additional Defendant. Commonwealth Court of Pennsylvania.Argued April 4, 1977 May 27, 1977. Sovereign immunity — State hospital — Constitution of Pennsylvania, Article I, Section 11 — Waiver of immunity — Legislative intent — Mental Health and Mental Retardation Act of […]

434 A.2d 218 Commissioners of Schuylkill County, Appellants v. American Federation of State, County and Municipal Employees, AFL-CIO, Council 13 and District Council 89, Appellees. Commonwealth Court of Pennsylvania.Argued April 6, 1981 August 27, 1981. Labor relations — Arbitration — Scope of appellate review — Arbitration Act, Act of April 25, 1927, P.L. 381 — […]

528 A.2d 1015 Board of Pensions and Retirement, Appellant v. Barbara Ransom, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1987. July 14, 1987. Municipalities — Disability benefits — Philadelphia Board of Pensions and Retirement — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Findings of fact […]

651 A.2d 708 Dean C. WILLIAMS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted: on Briefs November 10, 1994. Decided: December 15, 1994. The Commonwealth Court, No. 1452 C.D. 1994, Narick, Senior Judge. Page 709 Raymond R. Williams, for petitioner. Lisa Jo Fanelli, Asst. Counsel, and Clifford F. Blaze, Deputy Chief […]

452 A.2d 83 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Two (2) Billboards Located on T. R. 209 etc. Northeast Outdoor Advertising, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued June 7, 1982 November 9, 1982. Eminent domain — Sign removal — Outdoor Advertising Control Act of 1971, Act of December 15, […]

650 A.2d 1202 Jean WHITESIDE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (UNISYS CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1994 Decided November 22, 1994. Reargument Denied January 18, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1824. Page 489 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

431 A.2d 1161 Bessie White, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1981 July 9, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Refusal of assignment — Reasonableness of refusal. 1. An employe discharged […]

985 A.2d 309 Woelfel v. Township of Palmer. No. 461CD09.Commonwealth Court of Pennsylvania. December 21, 2009. Appeal from Northampton County C0048 CV-1998-9034. Decisions Without Published Opinions Affirmed. Page 310

641 A.2d 667 Randy L. RANK, Appellant v. The TOWNSHIP OF ANNVILLE and Annville Township Board of Directors. Commonwealth Court of Pennsylvania.Submitted February 25, 1994. Decided April 20, 1994. Appeal from the Court of Common Pleas of Lebanon County, No. 93-00085, Eby, J. Page 493 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

678 A.2d 430 SENIOR CITIZEN HEALTH CARE COUNCIL OF ERIE COUNTY, PENNSYLVANIA, INC. v. BOARD OF TAX ASSESSMENT APPEALS OF ERIE COUNTY, PENNSYLVANIA, Appellant. Commonwealth Court of Pennsylvania.Argued May 13, 1996. Decided June 24, 1996. Appeal from the Court of Common Pleas, Erie County, No. 11226-1995, Levin, J. Dan W. Susi, for appellant. Evan E. […]

749 A.2d 1021 EMPIRE STEEL CASTINGS, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CRUCETA), Respondent. No. 2273 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 24, 1999. Filed: April 11, 2000. Appeal from the Workers’ Compensation Board, No. A97-5267. Page 1022 Joseph C. Patterson, Harrisburg, for petitioner. Clifford B. LePage, Jr., Reading, for respondent. Before: Honorable Doris […]

573 A.2d 677 ESSI INTERNATIONAL, INC. and Federal Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (BOWMAN), Respondent. Commonwealth Court of Pennsylvania.Submitted February 2, 1990. Decided April 27, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-97970. Raymond F. Keisling, Will, Keisling, Ganassi McCloskey, Carnegie, for petitioners. Page 574 Shelly W. Elovitz, Rothman, Gordon, […]

719 A.2d 10 VINCENT J. FUMO, individually as a taxpayer, and in his official capacity as a State Senator, CONSUMERS EDUCATION AND ACTION ALLIANCE OF SENIOR CITIZENS, Petitioners v. THE PENNSYLVANIA PUBLIC UTILITY COMMISSION, and JOHN M. QUAIN, Chairman Pennsylvania Public Utility Commission, Respondents Commonwealth Court of Pennsylvania.Argued March 18, 1998. Decided September 24, 1998 […]

865 A.2d 266 Pennsylvania Industries for the Blind and Handicapped and North Central Sight Services, Inc., Petitioners v. Department of General Services, Respondent. No. 215 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: September 9, 2004. Filed: November 10, 2004. Ordered Published: January 31, 2005. Page 267 Paul B. Bech, Philadelphia, for petitioners. Nancy Kippenhan, Harrisburg, for respondent. […]

465 A.2d 69 Dorothy S. Wetzel, Petitioner v. Commonwealth of Pennsylvania, State Civil Service Commission, Respondent. Commonwealth Court of Pennsylvania. September 6, 1983. Civil service — Reclassification — Jurisdiction of State Civil Service Commission — Demotion — Civil Service Act, Act of August 5, 1941, P.L. 752 — Voluntary demotion — Regulations. 1. The State […]

563 A.2d 545 Joseph GAITO, Petitioner v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: March 17, 1989. Decided: June 20, 1989. Publication Ordered August 15, 1989. Petition for Allowance of Appeal Denied March 26, 1990. Appeal from the Board of Probation and Parole. Page 254 [EDITORS’ […]

507 A.2d 1299 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Gerard J. Dauer, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Gerard J. Dauer, Appellee. Commonwealth Court of Pennsylvania. April 23, 1986. Motor vehicles — Revocation of motor vehicle operator’s license — Vehicle Code, 75 […]

474 A.2d 396 Foremost Insurance Company, Petitioner v. Insurance Department of the Commonwealth of Pennsylvania and the Pennsylvania Automobile Insurance Plan, Respondents. Commonwealth Court of Pennsylvania.Argued February 3, 1984 April 23, 1984. Declaratory judgment — Preliminary objections — Jurisdiction — Failure to exhaust administrative remedies. 1. A party challenging administrative decision making is precluded from […]

614 A.2d 355 Ronald WESLEY a/k/a James Hinton, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted May 8, 1992. Decided August 14, 1992. Appeal from the State Board of Probation and Parole’s, No. 23-73-M. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

539 A.2d 1383 Bruce E. Shaw, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 30, 1988. Unemployment compensation — Wilful misconduct — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Drug abuse — Transportation […]

935 A.2d 895 Barbara DIESS Stewart Diess, Individually and as husband and wife, and Shawn Diess, and Rhonda Jarvis John Jarvis, Individually and as husband and wife, and John Jarvis, Jr. and William Debevec and Robyn Lenhart Tim Lenhart, Individually and as husband and wife and as parents and natural guardians of Tyler Lenhart, a […]

334 A.2d 830 William E. Wallace, Appellant, v. Commonwealth of Pennsylvania, Insurance Department, Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1974 April 3, 1975. Insurance — Action of Commissioner of Insurance — Scope of appellate review — Administrative Agency Law, Act 1945, June 4, P.L. 1388 — Error of law — Findings of fact — […]

425 A.2d 477 Gregory Walker, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Keebler Company, Intervenor. Commonwealth Court of Pennsylvania.Argued December 12, 1980 February 4, 1981. Unemployment compensation — Voluntary quit — Discharge — Credibility — Definite departure date. 1. In an unemployment compensation case, the issue as to whether a termination […]

763 A.2d 570 GEORGE W. KORMOS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (VAN AIR SYSTEMS, INC.), Respondent. No. 1546 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: October 13, 2000. Filed: December 7, 2000. Page 571 Donald F. Fessler, Jr., Erie, for petitioner. Raymond F. Keisling, Carnegie, for respondent. Richard E. Bordonaro, Erie, for intervenor, Erie Press Systems. […]

683 A.2d 1275 MEDIC-9 PARAMEDIC SERVICE, INC., Petitioner, v. DEPARTMENT OF HEALTH, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1996. Decided October 17, 1996. Page 1276 Appeal from the Deputy Secretary of Department of Health, EMS-002-93. Kevin K. Kercher, for Petitioner. Kenneth E. Brody, Assistant Counsel, for Respondent. Charles I. Artz, for Intervenor, Easton Emergency […]

644 A.2d 259 ACME MARKETS, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CHISOM), Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1994. Decided June 16, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-0878. Stephen T. Potako, for petitioner. Andrea J. Colton, for respondent. Before CRAIG, President Judge, and SMITH, J., and LORD, Senior Judge. […]

631 A.2d 813 The ROBERT PACKER HOSPITAL and Guthrie Clinic Ltd., Petitioners, v. DEPARTMENT OF HEALTH, The Williamsport Hospital and Medical Center, Geisinger Medical Center, and Geisinger Clinic, Respondents. Commonwealth Court of Pennsylvania.Argued May 10, 1993. Decided September 7, 1993. Reargument Denied October 27, 1993. Appeal from the State Health Facility Hearing Board, No. 91-039. […]

285 A.2d 905 Cherbel Realty Corporation v. Zoning Hearing Board. Commonwealth Court of Pennsylvania.Argued November 5, 1971 January 13, 1972. Zoning — Special exception — Burden of proof — Traffic conditions — Due process — Conflict of interests — Pennsylvania Municipality Planning Code — Act 1968, July 31, P. L. ___, No. 247 — Additional […]

322 A.2d 787 Northampton Residents Association, Frank A. Ferraro, T. J. DeJohn, Thomas A. Connell, Jr., William J. Herbert, Donald S. Bowser and Constance C. Harman, Appellants, v. Northampton Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued January 7, 1974 July 30, 1974. Zoning — Challenge to zoning ordinance — Procedural defects — Motion […]

439 A.2d 909 Three-O-One Market, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1981 January 25, 1982. Board of Claims — Questions not considered in briefs — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Lease — Reformation […]

673 A.2d 27 Larry McDONALD, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 1995. Decided March 12, 1996. Appeal from Pennsylvania Board of Probation and Parole, No. 0702-Y. Page 28 Gail F. Guida, Assistant Public Defender, for Petitioner. Robert A. Greevy, Chief Counsel, and Arthur R. […]

401 A.2d 857 Central Transportation, Inc., Appellant v. Board of Assessment Appeals of Cambria County, Pennsylvania, Appellee. County of Cambria v. Central Transportation, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued November 1, 1978 May 24, 1979. Contract — Lease — Reformation — Mistake — Taxation — School tax — Interim assessment — Public School Code of […]

521 A.2d 986 Temple University — of the Commonwealth System of Higher Education, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1986 March 3, 1987. Mandamus — Preliminary objections — Interest — Commonwealth agency. 1. In ruling on preliminary objections to an action in mandamus, the Commonwealth […]

366 A.2d 959 Carole L. Chiaro v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Carole L. Chiaro, Appellant. Commonwealth Court of Pennsylvania.Argued October 28, 1976 December 9, 1976. Unemployment compensation — Voluntary termination — Able and available to work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Change […]

399 A.2d 468 Felix Abramovich, Individually and Trading as Abrams Storage Company, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board and W. W. Anderson, Deputy Attorney General of the Commonwealth of Pennsylvania, Appellees. Commonwealth Court of Pennsylvania.Argued March 9, 1979 April 5, 1979. Argued March 9, 1979, before Judges WILKINSON, JR., MENCER and ROGERS, […]

525 A.2d 1269 Helms Express, Petitioner v. Workmen’s Compensation Appeal Board (Lemonds), Respondents. Commonwealth Court of Pennsylvania.Argued March 24, 1987. May 21, 1987. Workers’ compensation — Subrogation — Scope of appellant review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — The Pennsylvania Workmen’s Compensation Act, Act […]

351 A.2d 335 Leonard Zanca, Plaintiff v. State Attorney General, Defendant. Commonwealth Court of Pennsylvania. February 11, 1976. Sovereign immunity — Tort liability — High public official — Attorney General. 1. High public officials of the Commonwealth of Pennsylvania are immune from tort liability when acting within the scope of their authority. [289] 2. The […]

LOWER SOUTHAMPTON TWP. ZONING HEARING BOARD v. OUTDOOR PARTNERSHIP, LLC. No. 1481CD03.Commonwealth Court of Pennsylvania. August 6, 2004. Appeal from the Bucks County 02-1037-25-5. Decisions without published opinions. Reversed.

348 A.2d 169 Ralph Scobbo v. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania v. Heppenstall Company and Commonwealth of Pennsylvania. Heppenstall Company and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued October 30, 1975 December 1, 1975. Page 110 Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act 1939, […]

Motta v. Lower Makefield Township. No. 1881CD06.Commonwealth Court of Pennsylvania. July 9, 2007. Appeal from the Bucks County 99-6252-27-1. Decisions without Published Opinions Affirmed. Page 751

569 A.2d 382 COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. TEXAS EASTERN TRANSMISSION CORP. d/b/a Texas Eastern Gas Pipeline Company, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1989. Decided January 25, 1990. Appeal from the Environmental Hearing Board, EHB No. 88-090-CP.W. Page 656 David H. Wersan, Asst. Counsel, Harrisburg, for petitioner. Alan J. […]

DIGITAL-INK, INC., Petitioner v. DEPARTMENT OF GENERAL SERVICES, Respondent. Commonwealth Court of Pennsylvania.Argued April 10, 2007. Decided May 24, 2007. Page 1263 Lane F. Kelman, Philadelphia, for petitioner. Michael C. Barrett, Senior Counsel and Trent A. Hargrove, Chief Counsel, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and KELLEY, Senior Judge. OPINION BY […]

382 A.2d 1255 Nancy R. Ritter, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1978 February 28, 1978. Unemployment compensation — Availability for work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — School teacher — Summer unemployment. 1. An unemployed person is […]

FRATUS v. COMM. OF PA. No. 1550CD05.Commonwealth Court of Pennsylvania. July 3, 2006. Appeal from Erie County 2005-00138. Decision without published opinion. Affirmed.

587 A.2d 29 Thomas J. EVANS, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs September 28, 1990. Decided January 31, 1991. Reconsideration Denied March 25, 1991. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 1987 of 1989, Raymond L. Scheib, Senior Judge. Page 464 […]

850 A.2d 37 Thomas Williams, Petitioner v. Workers’ Compensation Appeal Board (City of Philadelphia), Respondent. No. 1850 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: February 6, 2004. Filed: April 12, 2004. Order Filed: June 11, 2004. ORDER COLINS, President Judge. NOW, June 11, 2004, having considered petitioner’s application for reargument, and respondent’s answer, the applcation is denied. […]

719 A.2d 833 ADELPHIA HOUSE PARTNERSHIP, JOSEPH EISENSTADT, PARTNER, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, Respondent SYLVANIA HOUSE PARTNERSHIP and JOSEPH EISENSTADT, PARTNER, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1998. Decided October 21, 1998. Appeal from the Board of Finance and Revenue, No. 25221. Steven R. Sosnov, Norristown for petitioners. […]

530 A.2d 499 Wayne Cook and Edna Cook, his wife, et al., Appellants v. Highland Water and Sewer Authority, et al., Appellees. Father Stephen Slavik et al., Appellants v. Greater Johnstown Water Authority and Laurel Management, Inc., et al., Appellees. Harold J. Hochstein et al., Appellants v. Commonwealth of Pennsylvania, Department of Transportation, et al., […]

395 A.2d 697 Francis P. Morris, Appellant v. The Northampton County Hanover Township Board of Supervisors and The Northampton County Hanover Township Planning Commission, Appellees. Commonwealth Court of Pennsylvania.Argued September 28, 1978 December 29, 1978. Zoning — Subdivision plan — Delay in decision — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — […]

303 A.2d 57 Gaebel, et ux. v. Thornbury Township. Commonwealth Court of Pennsylvania.Argued February 8, 1973 April 6, 1973. Zoning — Police power — Eminent domain — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 — Validity of zoning ordinance — Eminent Domain Code, Act 1964, June 22, P. L. 84 — […]

BOROUGH OF BEDFORD, Municipal Authority of the Borough of Bedford, Brown Township Municipal Authority, Burnham Borough, Burnham Borough Authority, Borough of Chambersburg, Danville Borough, Derry Township (Dauphin County), Derry Township (York County), Dillsburg Borough, Dover Borough, Dover Township, East Pennsboro Township, East Pennsboro Township Sewer Authority, Elizabethtown Borough, Elizabethville Borough, Elizabethville Area Authority, Borough of […]

560 A.2d 889 CITY OF PITTSBURGH, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued May 3, 1989. Decided June 19, 1989. Reargument Denied August 30, 1989. Appeal from the Public Utility Commission. Page 668 Ashley C. Schannauer, Asst. City Sol., D.R. Pellegrini, City Sol., City of Pittsburgh, Pittsburgh, for petitioner. Charles F. […]

402 A.2d 1133 Spencer R. Dobson, Jr., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. June 28, 1979. Pennsylvania Board of Probation and Parole — Timeliness of hearing — Time detained in county facility. 1. A final parole revocation hearing must be held within one hundred twenty […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Charles. No. 1394CD07.Commonwealth Court of Pennsylvania. February 1, 2008. Appeal from the Philadelphia County 173 Feb. Term 2007. Decisions Without Published Opinions Reversed.