Category: Pennsylvania Commonwealth Court Opinions

522 A.2d 121 Willie Reed, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 6, 1987. Unemployment compensation — Burden of proof — Willful misconduct — Threat to inflict bodily injury — Provocation — De Minimis — Good cause — Due process. 1. In an unemployment compensation case, […]

526 A.2d 846 Thomas C. Himmelwright, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1986. June 4, 1987. Unemployment compensation — Discharge from part-time employment — Failure to report separation — Refusal of full-time employment — Fault overpayment. 1. Although ordinarily a discharge from part-time work […]

584 A.2d 364 Charles Thomas REILLY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GENERAL ELECTRIC COMPANY), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 16, 1990. Decided December 10, 1990. Reargument Denied January 31, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-96486. Page 544 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

290 A.2d 878 Gildea, et al. v. Pittsburgh. Joyce, et al. v. Pittsburgh. Commonwealth Court of Pennsylvania.Argued February 22 and 24, 1972 May 11, 1972. Municipalities — Suspension of police officers — Equity — Preliminary injunction — Scope of appellate review — Policemen’s Civil Service Act, Act 1951, August 10, P. L. 1189 — Power […]

651 A.2d 623 James JASKIEWICZ, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (JAMES D. MORRISEY, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted: on Briefs October 28, 1994. Decided: December 8, 1994. Page 624 Kathy Kennedy, for petitioner. Anthony J. Bilotti, for respondent. Before DOYLE and KELLEY, JJ., and NARICK, Senior Judge. NARICK, Senior Judge. James Jaskiewicz (Claimant) […]

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. […]

512 A.2d 1307 Thomas Reale, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. July 16, 1986. Pennsylvania Board of Probation and Parole — Withdrawal of counsel — Frivolous appeal — Timeliness of hearing. 1. A counsel seeking to withdraw from representation of a client in an appeal […]

In Re: Appeal of WHITPAIN TOWNSHIP BOARD OF SUPERVISORS from the Decision of Berkheimer Associates, Whitpain Township Tax Hearing Officer, Dated June 26, 2002 Regarding James A. Unruh and Candice L. Unruh Appeal of: Whitpain Township. No. 2059 C.D. 2006.Commonwealth Court of Pennsylvania.Argued:: June 11, 2007. Decided: February 13, 2008. Appeal from the Court of […]

642 A.2d 551 Helen KNIAZ and Steven Kniaz, her husband, Appellants, v. The BENTON BOROUGH and The Benton Volunteer Fire Company, Inc. Commonwealth Court of Pennsylvania.Argued April 12, 1994. Decided May 16, 1994. Appeal from the Court of Common Pleas, Columbia County, No. 875 of 1994, Naus, J. Page 110 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

872 A.2d 281 ASSOCIATED WHOLESALERS, INCORPORATED v. WATTERS. No. 2059CD04.Commonwealth Court of Pennsylvania. March 29, 2005. Appeal from the Chester County 04-01276. Decisions without published opinions Affirmed.

414 A.2d 749 Commonwealth of Pennsylvania, Department of Public Welfare v. Carol C. Mallory and Berks Title Insurance Company. Carol C. Mallory, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1980 May 19, 1980. Equity — Preliminary injunction — Pa. R.C.P. No. 1531 — Hearing. 1. When no hearing on the continuance of either of two […]

646 A.2d 592 William James WALLS; John Brooks; John Prendergast; Ray Lewis; John Kay; Walt Livingston; Joe Lynch v. CITY OF PHILADELPHIA; Edward G. Rendell, Mayor of the City of Philadelphia; Philip Rivera, Jr., Commissioner of Police, and Laurence Nodiff; Edward Hargadon; Neil Lawley; George Boothman; Kenneth Campbell; James Christie; Michael Taylor; and Carol Scott […]

300 A.2d 805 Gettys, et ux. v. Dillsburg Borough Council, et al. Commonwealth Court of Pennsylvania.Argued December 4, 1972 February 9, 1973. The Commonwealth Court of Pennsylvania affirmed the order of the Court of Common Pleas of York County upon the opinion of the court below. Page 520 Argued December 4, 1972, before President Judge […]

878 A.2d 160 Barry BATES, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (TITAN CONSTRUCTION STAFFING, LLC), Respondent. No. 934 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 2, 2005. Decided: June 29, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A03-1319. Ronald T. Tomasko and Michael A. Koranda, Harrisburg, for petitioner. Christina L. Bradley, Harrisburg, […]

Beverly ROETHLEIN and Robert Albanese, on behalf of themselves and all others similarly situated and Jerry Konidaris and Theodara G. Konidaris v. PORTNOFF LAW ASSOCIATES, LTD. and Michelle R. Portnoff, Esquire, Appellants. Commonwealth Court of Pennsylvania.Argued May 11, 2011. Decided July 15, 2011. Appeal from the Court of Common Pleas, Philadelphia County, No. 003888, November […]

464 A.2d 665 William H. Stoudt, Surviving Spouse of Eva E. Stoudt, Decedent, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Eva Stoudt, Deceased, by County of Berks, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1983 August 26, 1983. Public assistance — Trust — […]

625 A.2d 109 Gwenn MELTZER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DEVEREUX FOUNDATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 5, 1993. Decided April 21, 1993. Reargument Denied June 4, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1667. Page 191 John R. O’Rourke, Jr., for petitioner. Martin J. Fallon, Jr., for respondent. […]

630 A.2d 1283 Heidi MALLOY, Appellant v. BOYERTOWN AREA SCHOOL BOARD, Boyertown Area School District, Gregory T. Unger, Betty Martin, Gayle V. Buckman, Donna Hoffman, Michael Kulp, Helen Moyer, Francis D. Sell, Jean L. Butt, Dr. John C. Crosby, Dr. Warren W. Moser and Alexander Construction Management, Inc. Commonwealth Court of Pennsylvania.Argued March 29, 1993. […]

715 A.2d 568 PENN-AIRE AVIATION, a/k/a PENN-AIRE AVIATION, INC., Appellant v. CITY OF OIL CITY BOARD OF TAX REVISION AND APPEALS Commonwealth Court of Pennsylvania.Argued July 16, 1998. Decided August 7, 1998. Appeal from the Court of Common Pleas, Vennango County, Nos. 1769, 1769, and 1770 of 1996, Breene, Senior Judge. Henry W. Gent, III, […]

591 A.2d 774 GENERAL BUILDING SERVICES, INC., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 8, 1991. Decided May 17, 1991. Appeal from the Unemployment Compensation Board of Review. Page 101 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

472 A.2d 277 Monroe G. Koggan Associates, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1983 March 7, 1984. Unemployment compensation — Self-employment — Burden of proof — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Remand — Adjudication. 1. Before […]

606 A.2d 563 In re Condemnation By the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1021, Section 1B, a Limited Access Highway in the City of Pittsburgh. In re ESTATE OF Julia F. ROCHEZ, Deceased, by Edward Goslin, Thomas Goslin and Mary Grace DiGiorgi, as Co-Executors and Edward Goslin, […]

375 A.2d 1373 Wallace G. Ewing v. Dauphin County Tax Claim Bureau and Harry Thomas. Harry Thomas, Appellant. Commonwealth Court of Pennsylvania.Argued June 9, 1977 July 26, 1977. Taxation — Tax sale — Adverse possession — Visible and notorious possession — Continuous possession — Exclusive possession — Hostile possession — Posting of tax sale notice […]

504 A.2d 961 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Phillip Struzzeri, Appellee. Commonwealth Court of Pennsylvania. February 6, 1986. Motor vehicles — Licensing — Suspension — Breathalyzer — Refusal — Scope of appellate review — Burden of proof — Medical evidence. 1. The scope of review of the Commonwealth […]

874 A.2d 692 Richard A. Glover, Jr., Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 924 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: March 24, 2005. Filed: May 13, 2005. Order Filed: July 7, 2005. ORDER COLINS, President Judge. NOW, July 7, 2005, having considered petitioner’s application for reconsideration, the application is denied. Appeal from the […]

531 A.2d 552 Dorothy Celio, Petitioner v. Workmen’s Compensation Appeal Board (Canonsburg General Hospital and Liberty Mutual Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Argued May 22, 1987. September 21, 1987. Workers’ compensation — Burden of proof — Availability of work — Continued disability — Refusal to permit return to work — Tuberculosis. 1. An employer […]

945 A.2d 805 PETERS TOWNSHIP SCHOOL DISTRICT, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ANTHONY), Respondent. No. 2084 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 8, 2008. Decided: April 2, 2008. Appeal from the Workers’ Compensation Appeal Board, No. A06-2249. Page 806 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

583 A.2d 42 Angela CARDENAS, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs August 31, 1990. Decided November 29, 1990. Appeal from the Common Pleas Court, Allegheny County, No. SA 117 of 1990, Raymond L. Scheib, J. Page 366 Patrick J. Thomassey, Monroeville, for appellant. David R. White, Asst. Counsel, with […]

513 A.2d 525 Warren A. Marweg, t/a Northway Ice Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued May 16, 1986 July 29, 1986. Taxation — Use tax — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Manufacturing — Ice — Exclusion. 1. The production of ice […]

632 A.2d 617 CYCLOPS CORPORATION/SAWHILL TUBULAR DIVISION, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PAULSEN), Respondent. Commonwealth Court of Pennsylvania.Argued June 15, 1993. Decided September 30, 1993. Reargument Denied November 17, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-0830. Page 596 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

438 A.2d 1061 Commonwealth of Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Association of Pennsylvania State College and University Faculties et al., Intervenors. Commonwealth Court of Pennsylvania.Argued September 16, 1981 January 8, 1982. Labor relations — Unfair labor practice — Statute of limitations — Public Employe Relations Act, Act of July […]

401 A.2d 407 In Re: Appeal of Grace Building Co., Inc., From the Decision of the Zoning Hearing Board of Doylestown Township, as to Lot 5, Shady Retreat Road, Edgewood Hills, Doylestown Township, Bucks County, Pa. Grace Building Co., Inc., Appellant. Commonwealth Court of Pennsylvania.Argued April 6, 1979 May 14, 1979. Zoning — Timeliness of […]

532 A.2d 948 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Charles H. Soder, Jr., Appellee. Commonwealth Court of Pennsylvania. October 28, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Driving while under suspension — Failure to satisfy judgment — Bankruptcy — Collateral attack. 1. The fact that a suspension of a […]

357 A.2d 696 Presbyterian-University of Pennsylvania Medical Center v. Board of Revision of Taxes, Appeal of City of Philadelphia. The City of Philadelphia, Board of Revision of Taxes, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1976 May 13, 1976. Taxation — Exemption — Mixed question of law and fact — The General County Assessment Law, […]

486 A.2d 529 Catherine M. Myers, Individually and as Executrix of the Estate of Thomas W. Myers, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1984 December 28, 1984. Public employees — Retirement — Proof of age — State Employees’ Retirement Code, 71 Pa. C. S. § […]

456 A.2d 718 In Re: Resettlement of Account of Harry Wallick, Clerk of the Court of Common Pleas, Northumberland County, Pennsylvania. Commonwealth Court of Pennsylvania.Argued November 18, 1982 March 2, 1983. Motor vehicles — Disposition of fines — Vehicle Code, 75 Pa. C. S. § 1301 — Act of June 19, 1911, P.L. 1055 — […]

843 A.2d 429 Mayetta Browne, as Administratrix of the Estate of Richard Browne, Deceased, and individually in her own right, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Easttown Township, Allan A. Myers, Inc., Alexandra Orange Hawkins v. Ram T. Corporation. No. 630 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: November 3, 2003. Filed: March 1, 2004. […]

487 A.2d 448 In Re: Appeal of Harry D. Miller, Jr., and Jean E. Miller. Harry D. Miller, Jr. and Jean E. Miller, Appellants. Commonwealth Court of Pennsylvania.Argued December 13, 1984 January 29, 1985. Zoning — Mobile home parks — Standing — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Plans. […]

411 A.2d 1287 The Potomac Edison Company, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 14, 1979 March 10, 1980. Taxation — Franchise tax — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Manufacturing exemption — Production of electricity — Words and phrases — Manufacturing — Destruction of […]

530 A.2d 1029 Ernesto Cortes, Appellant v. Western Montgomery County Vocational-Technical School, Appellee. Commonwealth Court of Pennsylvania.Argued April 23, 1987. September 9, 1987. Attorneys — Commingling of functions — School custodian — Termination hearing — Unemployment compensation. 1. An impermissible commingling of functions occurs when one attorney both represents a party and serves in an […]

827 A.2d 529 Commonwealth of Pennsylvania, Department of Labor Industry, Bureau of Workers’ Compensation, Petitioner v. Workers’ Compensation Appeal Board (Exel Logistics), Respondent. No. 185 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 17, 2003. Filed: June 6, 2003. Order Filed: July 28, 2003. Page 530 Thomas P. Howell, Harrisburg, for petitioner. Daniel V. DiLoretto, Philadelphia, for […]

630 A.2d 524 Susan C. MUNTZ and Frederick F. Muntz, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, William H. Williams, Paul D. Williams, Volvo Ab Swe, Volvo North America Corp., Jim Wynn Volkswagen-Volvo, Andrew Kositsky, Michael Earl Eidle, Laura Ann Semmelroth and Lara Goldstein. Commonwealth Court of Pennsylvania.Argued May 12, 1993. Decided August 5, […]

415 A.2d 461 Peter Carlino and Elizabeth Carlino, his wife, Plaintiffs v. Whitpain Investors, Whitpain Township, Whitpain Township Board of Supervisors and Pennsylvania Department of Transportation, Defendants. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 11, 1980. Equity — Standing — Abutting owner — Highways — Police power — Zoning. 1. Standing to challenge governmental […]

528 A.2d 1074 Francis J. Catania, et al., Plaintiffs v. Commonwealth of Pennsylvania, State Employees’ Retirement Board and Robert L. Cusma, in his capacity as Secretary of the State Employees’ Retirement System and R. Budd Dwyer, in his capacity as Treasurer of the Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued February 25, 1987. July […]

County of Lebanon v. Teamsters Local Union No. 429. 1812CD05.Commonwealth Court of Pennsylvania. August 3, 2006. Appeal from the Lebanon County 2005-00397. Decisions Without Published Opinions Affirmed.

344 A.2d 738 Marion Young v. Armstrong School District, Richard Stottlemyer, Superintendent, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1975 September 9, 1975. Public records — Act of 1957, June 21, P.L. 390 — School pupil lists — Personal security — Privacy. Page 204 1. Lists of school students and their addresses maintained by school […]

Martin v. Comm. of PA. No. 1212CD10.Commonwealth Court of Pennsylvania. March 18, 2011. Appeal from the Greene County 310, 2006 458, 2006. Commonwealth Court of Pennsylvania Decisions Without Published opinions Affirmed.

648 A.2d 96 Maryann TOMLINSON, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (J. BAKER, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 8, 1994. Decided September 7, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A93-0641. Page 330 William R. Stokes, II, for petitioner. Thomas C. Chesnick, for respondent. Before SMITH, KELLEY, JJ., and […]

570 A.2d 597 John W. SMITH, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 8, 1989. Decided February 7, 1990. Page 361 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 362 […]

327 A.2d 880 Harold T. Bryson, Appellant, v. Oxford Motorcycle Club, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued October 11, 1974 November 19, 1974. Zoning — Sufficient evidence — Use and occupancy permit — Private club — Non-commercial recreational use — Public events — Scope of appellate review — Abuse of discretion — Pennsylvania Municipalities Planning […]

847 A.2d 161 Mickey Miles, Petitioner v. Jeffrey A. Beard, PH.D., Secretary of Corrections, Department of Corrections, individually, and in his respective official capacity, Fredric A. Rosemeyer, Superintendent of Laurel Highlands, individually, and in his respective official capacity, Reverend Elizabeth Scott, individually, and in her respective official capacity, Craig Copper, Corrections Food Services Manager, individually, […]

377 A.2d 853 The Borough of Munhall, a municipal corporation, Appellant v. Dynamic Cablevision, Inc., a corporation, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1977 September 13, 1977. Boroughs — Power to franchise and regulate cable television service — Borough Code, Act 1966, February 1, P.L. (1965) 1656 — Good faith — Public interest — […]

453 A.2d 50 Ohio Edison Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Gas and Water Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Power Light Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. UGI Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Page 344 Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Power Company, […]

959 A.2d 529 Board of Supervisors of East Nottingham Township v. Walters Oxford, LP. No. 2138CD07.Commonwealth Court of Pennsylvania. September 3, 2008. Appeal from the Chester County 07-00837. Decisions Without Published Opinions Affirmed.

477 A.2d 610 Township of Ridley, Appellant v. Pipe Maintenance Services, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1984 June 29, 1984. Municipal corporations — Quantum meruit — Written contract — Maintenance and repair services — Statutory bidding requirements. 1. One with a written contract for the performance of maintenance and repair services for […]

313 A.2d 370 Rupert J. Bamash and Mildred Bamash, His Wife, Appellants, v. Zoning Board of Adjustment, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 January 10, 1974. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Variance — Burden of proof — Unnecessary hardship — Public welfare — […]

620 A.2d 680 James THOMAS, Appellant, v. CITY OF WILKES-BARRE ZONING HEARING BOARD and JKJ Development Company, Appellees. Commonwealth Court of Pennsylvania.Argued September 17, 1992. Decided January 29, 1993. Appeal from the Common Pleas Court, Luzerne County, No. 103-E of 1990, Bernard C. Brominiski, J. Page 197 Brian J. Lenahan, for appellant. Mark Ciavarelle, for […]

299 A.2d 197 City of Pittsburgh, et al. (Consumers), Milk Marketing Board Appeals. Commonwealth Court of Pennsylvania.Argued October 31, 1972 January 23, 1973. Milk Marketing Board — Refunds — Powers of Milk Marketing Board — Cy pres — Disposition of Abandoned and Unclaimed Property Act, Act 1971, August 9, P. L. ___ No. 74 — […]

547 A.2d 485 Regina McHale, Appellant v. Larry Cole et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1987. September 8, 1988. Governmental immunity — Summary judgment — Burden of proof — Judicial Code, 42 Pa. C. S. § 8541 — Local agency — County mental health facility — Involuntary commitments — Voluntary out-patients — […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Dept. of Comm. v. Grant[1] … 665CD97, 2/9/98 Philadelphia County Affirmed 776CD97 4404 July Term 1990 Sherrill v. Comm., Dept. of Trans., Bureau of Driver Lic. . 1665CD97 2/9/98 Mercer County Affirmed 1996-4239 Gregg v. Comm. …………….. 780CD97 […]

Updyke v. Zoning Hearing Board of Mt. Joy Township. No. 1099CD07.Commonwealth Court of Pennsylvania. January 17, 2008. Appeal from the Adams County 06-S-967. Decisions without Published Opinions Affirmed.

534 A.2d 553 Germantown Business Association, Appellant v. City of Philadelphia, Henry L. Herling, Commissioner of Licensing Inspection, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1987. December 7, 1987. Mandamus — Scope of appellate review — Equity. 1. A writ of mandamus is a command from a court to an inferior entity directing performance of […]

697 A.2d 588 CARRIE SWARTZ, Petitioner v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1997. Decided June 24, 1997. Appeal from the Department of Public Welfare (DPW), No. 670156311-001. Page 589 Alan M. Cashman, Hanover, for petitioner. Andrew A. Coates, Philadelphia, for respondent. Before SMITH and KELLEY, JJ., and SILVESTRI, […]

826 A.2d 34 Department of Public Welfare, Petitioner v. Presbyterian Medical Center of Oakmont and Presbyterian Medical Center of Oakmont, Pennsylvania, Inc., Respondents. No. 1116 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: February 5, 2003. Filed: May 15, 2003. Order Filed: July 9, 2003. Jason W. Manne, Pittsburgh, for petitioner. Louis J. Capozzi, Jr., Harrisburg, for respondents. […]

556 A.2d 958 Split Vein Coal Company, Petitioner v. Workmen’s Compensation Appeal Board (Erdman), Respondents. Commonwealth Court of Pennsylvania. April 6, 1989. Workers’ compensation — Notice of disability — Notice to employer — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Date of disability — Receipt of federal black lung […]

295 A.2d 609 Wilkinsburg School District, et al. v. Human Relations Commission, et al. Commonwealth Court of Pennsylvania.Argued September 7, 1972 October 11, 1972. Human relations — Racial discrimination — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Pennsylvania Human Relations Act, Act 1955, October 27, P. L. 744 — Scope of […]

855 A.2d 159 DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 2631 C.D. 2003.Commonwealth Court of Pennsylvania.Argued March 30, 2004. Decided July 30, 2004. William M. Shreve, Harrisburg and Jason Kutulakis, Carlisle, for petitioners. Page 160 Doreena L. Craig, Harrisburg, for intervenor, C.E. BEFORE: SMITH-RIBNER, Judge, and […]

326 A.2d 656 B. G. Coon Construction Co. and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Ruth Durbin, Widow of George W. Durbin, Deceased, Appellees. Commonwealth Court of Pennsylvania.Argued September 11, 1974 October 21, 1974. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — […]

455 A.2d 731 Lou Hoffman, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Game Commission, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 January 11, 1983. Public records — Act of June 21, 1957, P.L. 390 — Subscription lists — Administrative remedy — Pennsylvania Game News — Commercial use — Means of copying. 1. Provisions of the […]

796 A.2d 389 Arthur Boyle, an individual; Westmoreland County; Barbara Hinkle, an individual; Sheri H. Boyle, an individual; Charles L. Moorek, an individual; and Rebecca B. Humphrey, an individual, v. Municipal Authority of Westmoreland County and Resource Development and Management, Inc., Appellants Arthur Boyle, an individual; Westmoreland County; Barbara Hinkle, an individual; Sheri H. Boyle, […]

353 A.2d 91 Commonwealth of Pennsylvania, Department of Education and Carroll Bittner v. Jersey Shore Area School District, Appellant. Commonwealth Court of Pennsylvania.Argued February 3, 1976 March 9, 1976. Schools — Professional employe — Public School Code of 1949, March 10, P.L. 30 — Written contract — Approval of contracts by school board — Oral […]

428 A.2d 774 Littlestown Hardware Foundry Co., Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and James N. Barnett, Respondents. Commonwealth Court of Pennsylvania.Argued February 5, 1981 April 27, 1981. Workmen’s compensation — Offer of light work — Ambiguous testimony — Inferences. 1. A determination by a workmen’s compensation referee that evidence did […]

512 A.2d 744 Philadelphia Electric Company, Petitioner v. Workmen’s Compensation Appeal Board (Rutter), Respondents. Commonwealth Court of Pennsylvania. July 2, 1986. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Notice — Conflicting evidence — Unequivocal medical testimony — Credits. […]

G.L., Petitioner v. STATE ETHICS COMMISSION, Respondent. No. 106 C.D. 2010.Commonwealth Court of Pennsylvania.Argued October 12, 2010. Decided March 17, 2011. Reargument Denied May 16, 2011. Page 446 Frank R. Bartle and Robert J. Iannozzi, Jr., Lansdale, for petitioner. John J. Contino, Harrisburg, for respondent. BEFORE: COHN JUBELIRER, Judge, and McCULLOUGH, Judge, and KELLEY, Senior […]

442 A.2d 36 John V. Niper, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement System, Respondent. Commonwealth Court of Pennsylvania. March 8, 1982. Appeal — Necessity for findings of fact — Remand. 1. An order of the State Employes’ Retirement Board which does not contain the requisite findings of fact and conclusions of law cannot […]

455 A.2d 299 Tony Grande, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Angelo M. Rodriguez), Respondents. Commonwealth Court of Pennsylvania. February 4, 1983. Workmen’s compensation — Appeal — Hospitalization — Prejudice. 1. In a workmen’s compensation case, when the employer’s non-negligent failure to file an appeal in timely fashion is attributable Page 567 to the […]

751 A.2d 1226 SUSAN PAGNOTTI, Administratrix of the Estate of THOMAS PAGNOTTI, JASON HUMPHREY, a minor by and through his mother, GELA FABRIZIO and GELA FABRIZIO, on her own behalf, Appellants v. LANCASTER TOWNSHIP. No. 2355 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 10, 2000. Filed: May 16, 2000. Page 1227 Appeal from the Court of […]

427 A.2d 740 Bernard C. Jasper, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Teledyne Columbia/Summerill, Respondents. Commonwealth Court of Pennsylvania.Argued December 12, 1980 April 2, 1981. Workmen’s compensation — Burden of proof — Scope of appellate review — Referee. 1. A claimant seeking workmen’s compensation benefits has the burden of proving the […]

293 A.2d 622 Durkin Contracting Company v. Zoning Board of Adjustment. Commonwealth Court of Pennsylvania.Argued May 2, 1972 July 26, 1972. Zoning — Hearing de novo — Additional testimony — Scope of appellate review — Error of law — Abuse of discretion — Variance — Burden of proof — Unnecessary hardship — Public welfare. 1. […]

288 A.2d 835 Lebanon Lodge, Fraternal Order of Police, No. 42 v. City of Lebanon, et al. Commonwealth Court of Pennsylvania.Argued December 6, 1971 March 28, 1972. Mandamus — Collective bargaining — Police and Firemen’s Relations Act, Act 1968, June 24, P. L. ___, No. 111 — Labor law — Police — Negotiations — Arbitration […]

436 A.2d 263 In Re: Nomination Certificate of the Luzerne County Democratic Executive Committee Filed September 10, 1981, Nominating Michael J. Butera as Wyoming Area School Director Candidate. Walter Placek, Appellant. Commonwealth Court of Pennsylvania.Argued October 21, 1981 October 28, 1981. Elections — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 — Technical […]

442 A.2d 364 Paul W. Aitkenhead et al. v. Borough of West View et al. West View Water Authority et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1981 March 9, 1982. Equity — Statutory procedure — Fluoridation — Equitable jurisdiction — Administrative Agency Law, 2 Pa. C. S. § 501 et seq. — Rules […]

404 A.2d 440 Redevelopment Authority of the City of Wilkes-Barre v. Stanley Serafin and Mary A. Serafin, his wife, Stanley Serafin Trucking, or any Other Person or Persons Found To Have an Interest in the Property. Stanley Serafin and Mary A. Serafin, his wife, Stanley Serafin Trucking, Appellants. Commonwealth Court of Pennsylvania.Argued April 2, 1979 […]

787 A.2d 1128 Patricia Thomas, Petitioner v. Workers’ Compensation Appeal Board (Derry Township), Respondent. No. 1821 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: November 16, 2001. Filed: December 28, 2001. Page 1129 Before: Honorable James Gardner Colins, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION JUDGE COLINS Patricia Thomas petitions for […]

700 A.2d 1065 LISA J. GOLD, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted June 27, 1997. Decided September 17, 1997. Appeal from the Unemployment Compensation Board of Review, No. B-356606. Page 1066 Brian S. Rudick, Pittsburgh, for petitioner. Sarah C. Yerger, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, […]

520 A.2d 1256 Basil Luciani, Petitioner v. Workmen’s Compensation Appeal Board (Brockway Glass Co., Corning Glass Co., Furnco Construction Co.), Respondents. Commonwealth Court of Pennsylvania. February 11, 1987. Workmen’s compensation — Total disability — Light duty work. 1. A workmen’s compensation claimant who works at a light duty position for a period of weeks subsequent […]

432 A.2d 276 A Condemnation in Rem by the Redevelopment Authority of the City of Johnstown etc. Stephen J. Conway, Jr., Appellant. A Condemnation in Rem by the Redevelopment Authority of the City of Johnstown etc. Stephen J. Conway, Jr., Appellant. A Condemnation in Rem by the Redevelopment Authority of the City of Johnstown etc. […]

775 A.2d 881 Commonwealth of Pennsylvania v. Robert Bailey, Jr., Appellant. No. 2122 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: March 6, 2001. Filed: April 26, 2001. Page 882 Before: Honorable Doris A. Smith, Judge; Honorable Dan Pellegrini, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION SENIOR JUDGE JIULIANTE Robert Bailey, Jr. appeals from the April 17, […]

411 A.2d 849 Raymond Petro and Richard K. Weisser, Appellants v. Kennedy Township Board of Commissioners et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 4, 1979 February 11, 1980. Injunction — Scope of appellate review — Reasonable basis for order — Error of law — Preliminary hearing — Ex parte order — Pa. R.C.P. No. […]

495 A.2d 634 Elaine Ignelzi v. Zoning Board of Adjustment of the City of Pittsburgh. City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued June 3, 1985 July 10, 1985. Zoning — Vested rights — Municipal inaction — Variance by estoppel — Necessity for findings — Remand. 1. In circumstances where a municipality consciously permits a […]

516 A.2d 1278 In Re: Petition of Edward J. Thompson for the Nomination of the Republican Party for Forty-fifth (45th) Senatorial District. Commonwealth Court of Pennsylvania. March 2, 1984. Elections — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 — Primary election — Nomination petition — Signatures. 1. Under Section 907 of the […]

Marquis BANKS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1635 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs April 5, 2007. Decided June 11, 2007. Page 385 Marquis Banks, petitioner, pro se. Arthur R. Thomas, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and […]

Rolf LARSEN, Petitioner v. STATE EMPLOYEES’ RETIREMENT SYSTEM, Respondent. No. 2292 C.D. 2009.Commonwealth Court of Pennsylvania.Argued April 5, 2011. Decided May 20, 2011. Page 317 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 318 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Anthony CESARE COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bureau of Driver Licensing, Appellant. No. 574 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted August 20, 2010. Decided January 12, 2011. Appeal from the Court of Common Pleas, Westmoreland County, No. 7932 of 2006, Marker, J. Page 546 Terrance M. Edwards, Assistant Counsel, Harrisburg, for appellant. Richard H. Galloway […]

312 A.2d 855 Riesberg Iron and Metal Company, Inc., Appellant, v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 8, 1973 December 10, 1973. Appeals — Notice of appeal — Minor Judiciary Court Appeals Act, Act 1968, December 2, P. L. 1137 — Summary proceedings — District Attorney — Municipal regulations — County Solicitor […]

561 A.2d 61 DAUPHIN PLAZA ASSOCIATES, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent (Two Cases). Commonwealth Court of Pennsylvania.Argued December 15, 1988. Decided June 28, 1989. Reargument Denied July 27, 1989. Page 133 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

595 A.2d 725 JEANES HOSPITAL and Phico Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (MILLER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 3, 1991. Decided July 18, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1394. Page 309 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]