Category: Pennsylvania Commonwealth Court Opinions

784 A.2d 860 C. Hannah Sons Construction, Petitioner v. Workers’ Compensation Appeal Board (Days), Respondent. No. 928 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 7, 2001. Filed: October 17, 2001. Page 861 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 862 Before: Honorable […]

630 A.2d 541 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant v. BOOTS BONNET, INC. Commonwealth Court of Pennsylvania.Submitted on Briefs May 28, 1993. Decided August 10, 1993. Appeal from the Common Pleas Court, Delaware County, No. A41-1-1991, Bradley, J. Page 549 James A. Saylor, Asst. Counsel, for appellant. Francis R. Lord, for appellee. […]

464 A.2d 692 In Re: Appeal of the Shipley School from Decision of the Board of Assessment Appeals of Montgomery County, Pa. Shipley School, Appellant. Commonwealth Court of Pennsylvania.Argued December 15, 1982 August 31, 1983. Argued December 15, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three. Appeals, Nos. 2875, […]

376 A.2d 302 The Board of School Directors of the Centennial School District, Petitioner v. Commonwealth of Pennsylvania, Secretary of Education, Respondent; Ruth F. Grant, Intervenor. Commonwealth Court of Pennsylvania.Argued June 10, 1977 August 9, 1977. Schools — Dismissal of tenured professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 […]

COMM. OF PA, DEPT. OF TRANS. v. RITTER’S AUTO REPAIR. No. 2249CD04, 2251CD04.Commonwealth Court of Pennsylvania. June 2, 2005. Appeal from the Philadelphia County 1786 Aug. Term 2002, 1790 Aug. Term 2002. Decision without published opinion. Reversed and Affirmed.

596 A.2d 1161 John B. WILSON and Linda L. Wilson, as parents and natural guardians of Jason P. Wilson, a minor, and John B. Wilson and Linda L. Wilson, in their own right, and Jason P. Wilson, in his own right, Appellants, v. RIDGWAY AREA SCHOOL DISTRICT, a Political Subdivision of the Commonwealth of Pennsylvania […]

638 A.2d 422 PG PUBLISHING COMPANY, Observer Publishing Company v. COUNTY OF WASHINGTON, Paul Belcastro, Controller of the County of Washington and The County of Washington, Pennsylvania. Appeal of COUNTY OF WASHINGTON, Appellant. Commonwealth Court of Pennsylvania.Argued November 18, 1993. Decided February 24, 1994. Appeal from the Common Pleas Court, Washington County, Nos. 93-4035 and […]

460 A.2d 390 Robert T. Wood, Appellant v. City of Pittsburgh, a municipal corporation and Paul J. Imhoff, Superintendent of Bureau of Building Inspection, Appellees. Commonwealth Court of Pennsylvania. May 25, 1983. Building code — Preliminary injunction — Scope of appellate review — Ex post facto — Penal sanctions. 1. In an appeal from the […]

502 A.2d 297 Frank D. Miceli, Charles Minnich and Leander Krist, Token Claimants, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1985 December 17, 1985. Unemployment compensation — Work stoppage — Strike — Lockout — Burden of proof — Scope of appellate review — Inconsistent findings […]

388 A.2d 777 Andrew Taylor, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. July 19, 1978. Pennsylvania Board of Probation and Parole — Concurrent sentences — Consecutive sentences — Act of 1937, May 28, P.L. 1036 — Convicted parole violator — Act of 1941, August 6, P.L. […]

646 A.2d 34 Gerard Francis HETTICH v. COMMONWEALTH Of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted June 10, 1994. Decided July 15, 1994. Appeal from the Court of Common Pleas, Bucks County, No. 93-03579-15-6, Biehn, President Judge. Page 72 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

358 A.2d 147 Joseph W. Cunningham, Appellant, v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1976 June 8, 1976. Unemployment compensation — Voluntary termination — Establishing own business — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Findings of fact — Sufficient […]

599 A.2d 1016 M D AUTO BODY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (JOHN PALLOTT), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs August 24, 1990. Decided November 4, 1991. Reargument Denied January 10, 1992. Appeal from the Commonwealth Court, No. 594 C.D. 1990, Byer, J. Page 347 Arthur J. Leonard, for petitioner. John C. Reed, […]

400 A.2d 676 Mark P. Widoff, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1979 April 24, 1979. Pennsylvania Public Utility Commission — Settlement rates — Temporary rates — Interlocutory order — Public Utility Law, Act 1937, May 28, P.L. 1053. 1. In a proceeding wherein a rate […]

538 A.2d 611 Peter Robert Hanuszczak, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Appellee. Commonwealth Court of Pennsylvania. February 29, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Burden of proof — Warnings — Credibility — Conflicting evidence — Incapacity — Absence […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Yaracs v, Zoning 611CD03 11/19/2003 Butler County Affirmed Hearing Board of A.D. 02-10465 Township of Summit Comm., Dept. of 396CD03 11/20/2003 Cambria County Vacated Trans., Bureau of 2002-3537 and Driver License v. Remanded […]

529 A.2d 597 Richard B. Green, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 5, 1987. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Burden of proof — Preservation of the family unit — Medical evidence — Personal dislike of area. 1. […]

432 A.2d 1162 Leo Cicco, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1981 August 3, 1981. Unemployment compensation — Availability for work — Burden of proof — Findings of fact — Scope of appellate review — Doctor’s certification — Unemployment Compensation Law, Act of […]

729 A.2d 661 PAPPANS FAMILY RESTAURANT, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (GANOE), Respondent Commonwealth Court of Pennsylvania.Submitted on Briefs December 4, 1998. Decided May 12, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A96-3372. Page 662 Michael D. Sherman, Pittsburgh, for petitioner. Alexander J. Pentecost and Amiel B. Caramanna, Pittsburgh, for respondent. Before […]

349 A.2d 796 Commonwealth of Pennsylvania, Department of Transportation v. S. K. Desikachar, Appellant. Commonwealth Court of Pennsylvania.Argued December 5, 1975 January 6, 1976. Civil service — Unsatisfactory rating — Scope of appellate review — Error of law — Findings for fact — Sufficient evidence — Violation of constitutional rights — Civil Service Act, Act […]

390 A.2d 874 Chul Kim, M.D., Petitioner v. Estate of Elizabeth G. Heinzenroether by Robert R. Heinzenroether, Executor, Respondent. Commonwealth Court of Pennsylvania.Argued May 2, 1978 August 25, 1978. Physicians — Malpractice action — Health Care Services Malpractice Act, Act 1975, October 15, P.L. 390 — Effective date — Subject matter jurisdiction — Power to […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Laing. No. 1195CD08.Commonwealth Court of Pennsylvania. May 12, 2009. Appeal from the Allegheny County SA 934 of 2007. Decisions Without Published Opinions Affirmed.

566 A.2d 1282 CLELAND SIMPSON COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DECKER and Moosic Borough), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs June 13, 1989. Decided December 5, 1989. Appeal from the Workmen’s Compensation Appeal Board No. A-92930. David E. Heisler, Lenahan Dempsey, P.C., Scranton, for petitioner. James J. Powell, Powell, Powell Powell, Wilkes-Barre, […]

425 A.2d 52 Walter M. Sankey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 January 30, 1981. Unemployment compensation — Necessary findings of fact — Harmless error — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Unemployment Compensation […]

685 A.2d 241 Dennis P. FOGARTY and Mary M. Fogarty, Appellants, HEMLOCK FARMS COMMUNITY ASSOCIATION, INC. Commonwealth Court of Pennsylvania.Argued September 13, 1996. Decided November 15, 1996. Appeal from the Court of Common Pleas, Pike County, No. 1019 Civil 1991, Thomson, Jr. President Judge. Arthur L. Zulick, Stroudsburg, for Appellants. Janet K. Catina, Stroudsburg, for […]

377 A.2d 1027 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Larry Miles Brown, Appellee. Commonwealth Court of Pennsylvania.Argued June 9, 1977 September 16, 1977. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Driving while under suspension — Second […]

556 A.2d 988 Honorable Lucien Blackwell, Member City Council of Philadelphia, Honorable David Cohen, Member City Council of Philadelphia, Honorable Francis Rafferty, Member City Council of Philadelphia, Petitioners v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 1988. April 7, 1989. State Ethics Commission — Nepotism — Declaratory Judgments Act, […]

327 A.2d 191 George A. Fuller Company, Inc., Appellant, v. City of Pittsburgh and Joseph L. Cosetti, Treasurer, Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1974 October 16, 1974. Taxation — Stipulation of parties — Effect of stipulation on jurisdiction — Validity of regulations — Power of administrative agency — Legislative intent — Business privilege […]

944 A.2d 845 Schneller v. Durante. No. 1720CD07.Commonwealth Court of Pennsylvania. March 19, 2008. Appeal from the Montgomery County 07-09949. 0 Decision Without Published Opinion Affirmed.

422 A.2d 1199 Borough of Tamaqua, Appellant v. Robert C. Knepper and Joanne Knepper, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued September 12, 1980 November 21, 1980. Eminent domain — Scope of appellate review — New trial — Credibility — Fair value of property — View — Board of view — Discrepancy — Appeal. 1. […]

Henderson v. PA State Police Bureau of Liquor Enforcement. No. 856CD08.Commonwealth Court of Pennsylvania. February 18, 2009. Appeal from the Venango County 05-0099 R-AP-13068. Decisions Without Published Opinions Affirmed.

330 A.2d 559 Walter Lekovitch, Nekodie Mudd, Anthony Prezeosi, Felix Palmer and Joseph Vranich, Appellants, v. Borough of Rankin; Matthew Furjanic, Mayor; George Tishko, George Fedak, Ralph Rocco, Samuel T. Roy, Heintzelman Price, Jr., Thomas Vilaj, Charles Zezza, Members of the Borough Council, Appellees. Commonwealth Court of Pennsylvania.Argued November 7, 1974 January 15, 1975. Labor […]

746 A.2d 1175 ROBB, LEONARD AND MULVIHILL and THE TRAVELERS INSURANCE CO., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (HOOPER), Respondent. No. 2892 C.D. 1997.Commonwealth Court of Pennsylvania.Submitted: December 8, 1999. Filed: February 15, 2000. Appeal from the Workers’ Compensation Appeal Board, No. A95-3858. Page 1176 F. David Dermotta, Pittsburgh, for petitoners. Catherine Wojciechowski, Harrisburg, for […]

659 A.2d 613 Joseph QUINN, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and Ruby Carson. Commonwealth Court of Pennsylvania.Argued February 10, 1995. Decided May 19, 1995. Appealed from the Court of Common Pleas, Philadelphia County, No. 1903 October Term, 1993, Avellino, J. Lord, Senior Judge, filed concurring opinion. Geoffrey B. Gompers, for appellant. Joseph J. Devanney, […]

585 A.2d 559 Ira J. KORIN, Petitioner, v. DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT GRATERFORD, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 26, 1990. Decided January 3, 1991. Petition for Allowance of Appeal Denied July 18, 1991. Appeal from the Civil Service Commission, No. 8091. Page 95 Ronald F. Brien, Spring City, for […]

486 A.2d 564 Josephine M. Gregorious, Petitioner v. Workmen’s Compensation Appeal Board (European Health Spas), Respondents. European Health Spas and Insurance Company of North America, Petitioners v. Workmen’s Compensation Appeal Board (Gregorious), Respondents. Commonwealth Court of Pennsylvania. January 17, 1985. Workmen’s compensation — Contact dermatitis — Liquid — The Pennsylvania Workmen’s Compensation Act, Act of […]

357 A.2d 236 Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission v. Borough of Bendersville, the Borough Council, Dale E. Clark, Mayor, George Schriver, President of the Borough Council, Appellants. Commonwealth Court of Pennsylvania.Argued January 6, 1976 May 17, 1976. Human relations — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — Discrimination because […]

380 A.2d 1331 Susie J. McCarty, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 5, 1977 January 5, 1978. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Unauthorized absences — Cause for dismissal — Injury — Unreasonable length […]

500 A.2d 917 James J. Shaffer, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1985 October 22, 1985. Board of Claims — Employe expense reimbursement — Scope of appellate review — Act of May 20, 1937, P.L. 728 — Jurisdiction — Memorandum of understanding — Uniform Arbitration […]

416 A.2d 626 John K. Graybill and Mabel M. Graybill, husband and wife, Appellants v. Walter Fricke, Zoning Officer for the Township of Scott, Appellee. Commonwealth Court of Pennsylvania.Argued June 2, 1980 July 11, 1980. Appeals — Interlocutory orders — Preliminary objections — Failure to amend pleadings. 1. Rulings on preliminary objections are normally interlocutory […]

739 A.2d 656 JOHN A. CARLIN, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Commonwealth Court of Pennsylvania.Submitted: September 15, 1999 Filed: October 22, 1999 Appealed from the Court of Common Pleas, Bucks County, No. 98-02154-24-6, McAndrews, J. Page 657 Brian M. Puricelli, Newton, for appellant. Timothy P. Wile, Asst. Counsel […]

BERKS COUNTY, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, and FRS, Inc., and Pioneer Crossing Landfill, Respondents. Commonwealth Court of Pennsylvania.Argued December 15, 2005. Decided February 28, 2006. Page 184 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 185 Charles E. Gutshall and […]

560 A.2d 870 PENNSYLVANIA DENTAL ASSOCIATION, Petitioner, v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT; and Pennsylvania Dental Service Corporation, d/b/a Delta Dental of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued April 3, 1989. Decided June 16, 1989. Page 629 John G. Milakovic, Thomas A. Beckley, Beckley Madden, Harrisburg, for petitioner. Craig J. Stuadenmaier, Spencer G. Nauman, Jr., […]

405 A.2d 1150 Roger Warrick, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and United States Steel Corporation, Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1979 September 20, 1979. Workmen’s compensation — Medical evidence — Credibility — Partial disability — Burden of proof — Availability of work. 1. In a workmen’s compensation case it […]

547 A.2d 496 Joann E. Strichko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 12, 1988. Unemployment compensation — Untimely filing — Misleading information — Credibility. 1. An unemployment compensation claimant is properly denied benefits when the claim is untimely filed unless the late filing Page 372 […]

In Re: Nominating Petition of Barbara MAY for Judge of the Common Pleas Court of Montgomery County, Pennsylvania Objection of: Brian Miles. No. 143 M.D. 2009.Commonwealth Court of Pennsylvania. Decided: April 1, 2009. Publication Ordered: May 5, 2009. Page 444 Robert J. Kerns, Upper Gwynedd, for petitioner. Philip J. Berg, Lafayette Hill, for respondent. OPINION […]

360 A.2d 297 Joseph M. Hindsley and Joan A. Hindsley, Co-Partners Trading as the Midway Lounge, Appellants v. Township of Lower Merion, Appellee. (2 Cases) Commonwealth Court of Pennsylvania.Argued April 5, 1976 July 13, 1976. Eminent domain — Rights of tenants — Acquisition by purchase — Expiration of lease — Eminent Domain Code, Act 1964, […]

502 A.2d 758 Clarence Craig, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 19, 1985. Parole — Revocation — Appointed counsel — Withdrawal — Frivolous appeal — Code of Professional Responsibility. 1. When appointed counsel in a parole revocation case has moved to withdraw his or […]

693 A.2d 1000 Anthony K. MERRIWETHER, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 28, 1997. Decided April 24, 1997. Appeal from the Board of Probation and Parole, No. 5524-T. Richard A. Hughes, Clearfield, for petitioner. Arthur R. Thomas, Assistant Counsel, Harrisburg, for respondent. Before FRIEDMAN and […]

946 A.2d 1143 In Re: CONDEMNATION OF LAND FOR THE SOUTH EAST CENTRAL BUSINESS DISTRICT REDEVELPOMENT AREA #1 Appeal of: Alan R. Yarnall. No. 478 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: March 12, 2008. Decided: April 22, 2008. Appeal from the Court of Common Pleas, Delaware County, No. 05-8011, Clouse, J. Page 1144 [EDITORS’ NOTE: THIS […]

381 A.2d 204 In re: The Incorporation of the Borough of Valley-Hi. Borough of Valley-Hi, Appellant. Commonwealth Court of Pennsylvania.Argued June 8, 1977 December 27, 1977. Incorporation — The Borough Code, Act 1966, February 1, P.L. (1965) 1656 — Standing of county to challenge borough incorporation — Aggrieved party — Substantial interest — Direct interest […]

432 A.2d 1139 Edward Cook, President, County Commissioners of Schuylkill County, Pa. et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 3, 1981 July 27, 1981. Labor relations — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Hospital closing. 1. Under Section 1301 of the […]

565 A.2d 504 WHEELING-PITTSBURGH STEEL CORPORATION and Monessen Southwestern Railroad, a wholly owned subsidiary of Wheeling-Pittsburgh Steel Corporation, Appellants, v. The BOARD OF REVISION OF TAXES AND APPEALS OF the CITY OF MONESSEN and the Board of Assessment and Appeals of the County of Westmoreland, Appellees. Commonwealth Court of Pennsylvania.Argued May 4, 1989. Decided October […]

357 A.2d 717 A Condemnation Proceeding In Rem by Redevelopment Authority of the City of Philadelphia for the Purpose of Redevelopment of Washington Square Redevelopment Area, Washington Square West Urban Renewal Area, Unit No. 2, Philadelphia, Including Certain Land Improvements and Properties. Asco Parking Corp., Appellant. Commonwealth Court of Pennsylvania.Argued April 5, 1976 May 20, […]

Richardson v. Yancik. No. 2057CD07.Commonwealth Court of Pennsylvania. June 11, 2008. Chester County 06-01521. Affirmed.

597 A.2d 1272 James ZIMMERMAN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PENNSYLVANIA POWER LIGHT COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 19, 1991. Decided October 2, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-2791. Deborah L. Packer, for petitioner. Michael R. Bonshock, for respondent. Before DOYLE and PELLEGRINI, JJ., and NARICK, […]

414 A.2d 443 Sarah Burwell, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1980 May 14, 1980. Public assistance — Training programs — Discretion — Grants — Book and clothing expenses. 1. Approval of training programs for recipients of public assistance is within the administrative discretion of […]

618 A.2d 1174 Pamela and Gregory SPISAK v. Francis H. DOWNEY and Township of Derry and C.M. High, Inc. Appeal of TOWNSHIP OF DERRY. Pamela and Gregory SPISAK, Appellants, v. Francis H. DOWNEY and Township of Derry, C.M. High, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued September 17, 1992. Decided December 15, 1992. Appeal from the […]

395 A.2d 299 Aldine Apartments, Inc., t/a Academy Apartments, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1978 December 13, 1978. Taxation — Sales tax — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Tangible personal property — Electricity and fuel — Purchases for resale — Utility […]

692 A.2d 619 Donald W. FINCH, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 17, 1997. Decided April 10, 1997. Appealed From the Unemployment Compensation Board of Review, No. B-351276. Andrew F. Erba, Philadelphia, for petitioner. Judith M. Gilroy, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, […]

456 A.2d 1156 Valley Brook Land Development Co., Appellant v. East Whiteland Township, Appellee. Commonwealth Court of Pennsylvania.Argued December 13, 1982 March 9, 1983. Zoning — Exclusionary — Special exception. 1. An ordinance is properly found not to be unconstitutionally exclusionary when the proposed use is permitted as a special exception in a zoning district […]

517 A.2d 1378 WMI Properties, Inc., Appellant v. Falls Township Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued September 9, 1986 November 18, 1986. Zoning — Scope of appellate review — Sanitary landfill — Exclusion — Nonconforming use. 1. In a zoning case, when the trial court takes no evidence beyond that received by the […]

TUNKHANNOCK AREA SCHOOL DISTRICT, Appellant v. TUNKHANNOCK AREA EDUCATION ASSOCIATION. No. 1119 C.D. 2009.Commonwealth Court of Pennsylvania.Argued March 16, 2010. Decided April 13, 2010. Appeal from the Court of Common Pleas, 44th Judicial District, Wyoming County, No. 2009-213, Vanston, President Judge. Frank J. Tunis, Jr., Scranton, for appellant. Page 957 William A. Hebe, Wellsboro, for […]

John C. GUDZAN, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 731 F.R. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 31, 2008. Decided: December 18, 2008. Page 719 Thomas J. Michael, Pittsburgh, for petitioner. Jo Ann P. Collins, Sr. Deputy Attorney General and Carol L. Weitzel, Chief Deputy Attorney General, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, […]

628 A.2d 1179 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Timothy S. CASSIDY. Commonwealth Court of Pennsylvania.Submitted on Briefs May 21, 1993. Decided July 8, 1993. Reargument Denied August 30, 1993. Appeal from the Common Pleas Court, Blair County, No. 92 C.P. 936, Kopriva, J. Page 612 Timothy P. Wile, […]

379 A.2d 339 Chester W. Stiteler, Petitioner v. The Bell Telephone Company of Pennsylvania and The Pennsylvania Public Utility Commission, Respondents. Commonwealth Court of Pennsylvania. November 4, 1977. Public utilities — Termination of telephone service — Public Utility Law, Act 1937, May 28, P.L. 1053 — Nonpayment of bill — Effect of tariffs — Unliquidated […]

937 A.2d 607 Karen MOSLEY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PITTSBURGH), Respondent. No. 1200 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 5, 2007. Decided: November 30, 2007. Lawrence R. Chaban, Pittsburgh, for petitioner. Dale A. Cable, Pittsburgh, for respondent. BEFORE: McGINLEY, Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge. OPINION BY […]

447 A.2d 713 Harold Gordon, Appellant v. Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania. July 16, 1982. Civil service — Uncorroborated hearsay — Substantial evidence. 1. Findings of a civil service commission based entirely on hearsay evidence and uncorroborated by other credible evidence cannot stand. [470] 2. Hearsay evidence supported only by questionable physical […]

B.B. (B.L.), Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 6 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs July 9, 2010. Decided April 13, 2011. Appeal from the petitioned for review of the final order of the Department of Public Welfare, Bureau of Hearings and Appeals, No. 21-09-205. Page 996 Joseph R. Viola, Philadelphia, for […]

790 A.2d 1099 Bold Corp., as Trustee for MASSPA Realty Trust, t/d/b/a Lancaster Host Resort and Conference Center; Inn Management Services, Inc., t/d/b/a Eden Resort Inn and Conference Center; First DFI Partnership, L.P., t/d/b/a The Ramada Inn; Continental Inns of America, Inc. t/d/b/a Continental Inn; Historic Realty, Inc., t/d/b/a Historic Strasburg Inn; Family Time of […]

841 A.2d 588 M. Diane Koken, Insurance Commissioner of the Commonwealth of Pennsylvania, Petitioner v. Reliance Insurance Company, Defendant. In Re: Mawson and Mawson v. Richard Ruhl. No. 269 M.D. 2001.Commonwealth Court of Pennsylvania.December 16, 2003. Filed: January 26, 2004. ORDER JAMES GARDNER COLINS, President Judge. AND NOW, this 26th day of January 2004, the […]

WILLIAMS TOWNSHIP BOARD OF SUPERVISORS and Township of Williams v. WILLIAMS TOWNSHIP EMERGENCY COMPANY, INC., a/k/a Williams Township Emergency Company, Appellant. No. 2435 C.D. 2008.Commonwealth Court of Pennsylvania.Argued November 5, 2009. Decided December 11, 2009. Appeal from the Court of Common Pleas, Northampton County, No. 2007-4194, Giordano, J. Page 915 Ralph J. Bellafatto, Easton, for […]

William T. WITMER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania. Decided October 17, 2005. Publication Ordered January 3, 2006. Appeal from the Court of Common Pleas, Bradford County, No. 04DL000276, Mott, J. Page 639 David B. Keeffe, Sayre, for appellant. Terrance M. Edwards, Asst. Counsel and […]

842 A.2d 1040 In Re: Annual Audit of Borough of Whitehall For the Year 2002. Appeal of: Franco Moscatiello. No. 1910 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: January 9, 2004. Filed: February 20, 2004. Sean P. Audley, Pittsburgh, for appellant. David P. Helwig, Pittsburgh, for appellee. BEFORE: COLINS, President Judge, SIMPSON, Judge and JIULIANTE, Senior Judge. […]

508 A.2d 1330 Children’s Hospital of Pittsburgh v. City of Pittsburgh Commission on Human Relations and Naomi Hale. Naomi Hale, Appellant. Commonwealth Court of Pennsylvania.Argued October 8, 1985 May 14, 1986. Human relations — Racial discrimination — Employment discrimination — Burden of proof — Findings of fact — Substantial evidence — Credibility — Mitigation — […]

780 A.2d 863 Narcotics Agents Regional Committee, Fraternal Order of Police Lodge No. 74, an Unincorporated Association, by Dennis J. McKeefery, Trustee ad Litem, Petitioner v. American Federation of State, County and Municipal Employees, AFL-CIO, Council 13 and the Commonwealth of Pennsylvania, Office of the Attorney General, Respondents. No. 39 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: […]

447 A.2d 1127 Murphy Goodman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1982 July 29, 1982. Unemployment compensation — Scope of appellate review — Error of law — Inconsistent findings — Capricious disregard of competent evidence — Issues considered — Unfairness. 1. In an unemployment […]

785 A.2d 151 Kathy Markle, Petitioner v. Workers’ Compensation Appeal Board (Bucknell University), Respondent. No. 88 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: April 4, 2001. Filed: October 19, 2001. Page 152 Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Bernard L. Mcginley, Judge; Honorable Doris A. Smith, Judge; Honorable Dan Pellegrini, […]

516 A.2d 838 Troy Andrews, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 23, 1986. Pennsylvania Board of Probation and Parole — Credit for time on parole — Act of August 6, 1941, P.L. 861 — Waiver — Collateral estoppel — Due process — Constitutionality of […]

606 A.2d 606 Shirley BURROUGHS, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 18, 1991. Decided March 23, 1992. Appeal from the Office of Hearings and Appeals (OHA) of the Department of Public Welfare (DPW). Page 510 Cornelia Weathers, for petitioner. Belinda Davis-Branch, Asst. Counsel, for respondent. Before PALLADINO […]

618 A.2d 1251 YELLOW CAB COMPANY OF PITTSBURGH, Mon Valley Transportation Services, Inc., t/d/b/a Mon Valley Taxi and Connellsville Taxi Services, Inc., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued October 22, 1992. Decided December 23, 1992. Appeal from the Public Utility Commission (PUC), No. A-00109546, F.2. Page 373 Richard S. Dorfzaun, […]

403 A.2d 1361 Helen Pozeynot, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1979 July 26, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Refusal to work overtime. 1. A refusal to work overtime may properly […]

347 A.2d 497 George Bucher, Chairman; Leonard Ettinger, Secretary, and Harrison J. Trapp, Commissioners, Philadelphia Civil Service Commission, Room 600 Municipal Services Building, Philadelphia, Pa. 19107 and Lewis Taylor, Personnel Director, Room 600 Municipal Services Building, Philadelphia, Pa. 19107, v. American Federation of State, County and Municipal Employees, AFL-CIO, District Council 33, by its Trustee […]

629 A.2d 290 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant v. 139 HORSESHOE CORP. t/a York Road Tavern. Commonwealth Court of Pennsylvania.Argued February 4, 1993. Decided July 23, 1993. Petition for Allowance of Appeal Denied December 14, 1993. Appeal from the Court of Common Pleas, Bucks County, No. 5 MM 1991 (17), Clark, […]

437 A.2d 502 Port Authority of Allegheny County, Appellant v. Anna Scott and Maryam Razzaq, Appellees. The Port Authority of Allegheny County, Appellant v. Anna Scott and Maryam Razzaq, Appellees. Commonwealth Court of Pennsylvania.Argued September 16, 1981 November 25, 1981. Authorities — Mass. transit fares — Second Class County Port Authority Act, Act of April […]

873 A.2d 81 Wanda WILLIAMS, as Parent and Natural Guardian of Jasmine Williams and Shante Williams, minor children and Wanda Williams, Individually, Appellant v. PHILADELPHIA HOUSING AUTHORITY and City of Philadelphia. Commonwealth Court of Pennsylvania.Argued March 1, 2005. Decided: April 28, 2005. Appeal from the Court of Common Pleas, Philadelphia County, January Term, 2004, No. […]

578 A.2d 53 Randall LEONARD, Appellant v. Dale COLE, Towanda Police Department and Borough of Towanda, Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1990. Decided July 2, 1990. Reargument Denied August 31, 1991. Petition for Allowance of Appeal Denied January 14, 1991. Appeal from the Court of Common Pleas of Bradford County, No. 87 CV […]

702 A.2d 3 Eugene FIGURED, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (USAIR, INC.), Respondent. USAIR, INC. and Insurance Company of the State Of Pa., c/o Alexis, Inc., Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (FIGURED), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 5, 1997. Decided October 16, 1997. Appeal from Workers’ Compensation Appeal Board, No. […]

338 A.2d 744 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Mrs. Frank Varenda, Widow of Frank M. Varenda, Deceased, Appellees, v. Jeddo Highland Coal Company and Lackawanna Casualty Co., Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued March 6, 1975 May 15, 1975. Workmen’s compensation — Accident — Injury — The Pennsylvania Workmen’s […]

753 A.2d 915 JOHN JACOB SCHUETZ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT. No. 3315 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: May 19, 2000. Filed: June 14, 2000. Page 916 Terrance M. Edwards and Timothy P. Wiles, Asst. Cousel In-Charge, Harrisburg, for appellant. Andrew G. Sykes, Mount Lebanon, for appellee. Before: […]

424 A.2d 959 Matthew Joshua, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1980 January 16, 1981. Unemployment compensation — Willful misconduct. 1. Where there is competent evidence in the record before the Unemployment Compensation Board of Review to support a finding of willful misconduct by […]

276 A.2d 360 Commonwealth v. Iorio. Commonwealth Court of Pennsylvania.Argued March 11, 1971 April 22, 1971. Operator’s license suspension — The Vehicle Code of 1959, April 29, P. L. 58 — Scope of review of license suspension — Proof required in license suspension appeal — Evidence — Admissability of uncompleted traffic violation form. 1. Upon […]

447 A.2d 329 Allets, Inc. et al., Appellants v. Penn Township Board of Supervisors et al., Appellees. Commonwealth Court of Pennsylvania. July 6, 1982. Zoning — Pennsylvania Rule of Appellate Procedure 1732 — Stay — Supersedeas — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Equity — Occupancy permit. 1. Under […]

381 A.2d 1325 Lawrence R. Ellis, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1977 January 24, 1978. Civil service — Furlough — Civil Service Act, Act 1941, August 5, P.L. 752 — Lack of work — Lowest quarter of employes in a class — Challenge to service […]

642 A.2d 625 Chong S. YI v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs January 14, 1994. Decided May 24, 1994. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 2842 of 1992, Doyle, J. Page 276 William A. Kuhar, Jr., Asst. Counsel-Appellate […]

673 A.2d 30 Paul WILDER, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 9, 1996. Decided March 13, 1996. Page 31 Paul Wilder, Pro Se, as Petitioner. Clifford D. Swift, III, Assistant Counsel, for Respondent. Before PELLEGRINI and KELLEY, JJ., and NARICK, Senior Judge. PELLEGRINI, Judge. Before this court are […]

950 A.2d 1107 YDC NEW CASTLE-PA DPW, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (HED-LAND), Respondent. No. 230 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 11, 2008. Decided: June 11, 2008. Page 1108 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1109 […]

811 A.2d 625 The Philadelphia Housing Authority, Appellant v. The Fraternal Order of Housing Police. No. 379 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: September 10, 2002. Filed: November 1, 2002. Order Filed: December 27, 2002. ORDER NOW, December 27, 2002, having considered appellant’s application for reargument, the application is denied. Appeal from the Philadelphia Court of […]

446 A.2d 991 Paul Alexander, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1982 June 21, 1982. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Transportation inconvenience. 1. An unemployment compensation claimant who has voluntarily terminated his […]