Category: Pennsylvania Commonwealth Court Opinions

Soppick v. Zoning Hearing Board of the Borough of West Conshohocken.[1] No. 531CD07.Commonwealth Court of Pennsylvania. February 19, 2008. [1] Reargument Denied April 10, 2008. Appeal from the Montgomery County 99-10970. Decisions Without Published Opinions Affirmed.

541 A.2d 443 Thomas E. Larrimer, Appellant v. Commonwealth of Pennsylvania, Appellee. William S. Larrimer, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued March 22, 1988. May 20, 1988. Pennsylvania Fish Commission — Motion to suppress evidence — Pa. R. Crim. P. 323 — Specificity of motion — Failure to raise constitutional issues […]

Ramos-Rodriguez v. Comm. of PA. No. 442CD09.Commonwealth Court of Pennsylvania. November 16, 2009. Appeal from the York County CP-67-MD-0001914-2005. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed. Page 263

431 A.2d 1149 Clifford R. Pfeffer and Ruth Pfeffer, Appellants v. Hopewell Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1981 July 8, 1981. Zoning — Nonconforming use — Registration — Equity — Chancellor — Appeal — Scope of appellate review. 1. Where property owners fail to avail themselves of administrative means for registration of […]

536 A.2d 844 Mildred Pritchard, Administratrix of the Estate of Robert Pritchard, Deceased and Mildred Pritchard, Individually, Appellant v. City of Pottsville et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1987. January 25, 1988. Governmental immunity — Sidewalks — Judicial Code, 42 Pa. C. S. §§ 8542(b)(7) and 8542(b)(4) — Ownership — Street lighting. […]

511 A.2d 929 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. James G. Uebelacker, Appellee. Commonwealth Court of Pennsylvania. June 30, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Refusal of chemical […]

496 A.2d 1298 Council Rock School District, Appellant v. G. D. L. Plaza Corporation, Appellee. Commonwealth Court of Pennsylvania.Argued June 3, 1985 August 16, 1985. Taxation — Exemption — Burden of proof — Non-profit corporation — Charity — Scope of appellate review — Housing project — Transportation — Essential care. 1. Statutory provisions which exempt […]

Commonwealth Court of Pennsylvania. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Township of West Deer v. Blazczak 2929CD98 8/18/99 Allegheny Reversed County CL 4144-97, CL 4145-97 Swartswelder v. Comm. 2508CD98, 8/18/99 Lebanon Reversed 2710CD97 County 1996-11143, 96-11143 96 Graber v. Comm., Dept. of Trans., Bureau of Driver Lic. 109CD99 8/23/99 Westmoreland Affirmed County 4362 […]

747 A.2d 1271 UNIONTOWN AREA SCHOOL DISTRICT, Appellant v. PENNSYLVANIA LABOR RELATIONS BOARD, IN BEHALF OF UNIONTOWN AREA EDUCATION ASSOCIATION and YOLANDA S. DEFINO. No. 2865 C.D. 1996.Commonwealth Court of Pennsylvania.Argued: February 8, 2000. Filed: March 14, 2000. As Amended April 3, 2000. Appeal from the Court of Common Pleas, County of Fayette, Civil Division, […]

518 A.2d 606 Chester C. Pacini, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 4, 1986. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellate review — Pay cut — Pension. 1. In unemployment compensation cases, […]

768 A.2d 1186 CHRISTOPHER JOHN KOCHAN, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 963 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: November 17, 2000. Filed: January 9, 2001. Page 1187 OPINION PER CURIAM This pro se appeal is from the Order of the Court of Common Pleas of the 37th Judicial […]

523 A.2d 415 Donald E. Bailey, Petitioner v. Workmen’s Compensation Appeal Board (Lawton Feed Supply, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1986 March 27, 1987. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Loss of use of […]

TOWNSHIP OF DERRY, Petitioner v. PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY, the Milton S. Hershey Medical Center, and Pennsylvania State University, Respondents. Commonwealth Court of Pennsylvania.Argued December 8, 2010. Decided January 24, 2011. Page 490 Kimberly M. Colonna, Harrisburg, for petitioner. James M. Horne, State College, for respondent Milton S. Hershey Medical Center. Kelly K. […]

944 A.2d 845 City of Philadelphia v. Renzulli. No. 934CD07.Commonwealth Court of Pennsylvania. March 19, 2008. Appeal from the Philadelphia County 2071 March Term 2006. Decision Without Published Opinion Reversed.

453 A.2d 751 Uhlan Dayoub, D.D.S., Petitioner v. Commonwealth of Pennsylvania, State Dental Council and Examining Board, Respondent Commonwealth Court of Pennsylvania.Argued October 6, 1982 December 30, 1982. Professional licensing — Due process — Revocation. 1. Due process is denied where there is a commingling of the prosecutorial and adjudicatory functions before a professional licensing […]

863 A.2d 129 James W. Nelson, D.V.M., Petitioner v. State Board of Veterinary Medicine, Respondent. No. 1216 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: September 17, 2004. Filed: December 7, 2004. Appeal from the State Board of Veterinary Medicine, No. 1193-57-03. Page 130 April L. McClaine, Harrisburg, for petitioner. Teresa Lazo-Miller, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge; […]

606 A.2d 635 Gordon F. RINIER and Helen F. Rinier v. TAX CLAIM BUREAU OF DELAWARE COUNTY and T.L. SIMPSON Co., Inc. Appeal of T.L. SIMPSON CO., INC. Commonwealth Court of Pennsylvania.Argued November 21, 1991. Decided March 27, 1992. Appeal from the Court of Common Pleas, Delaware County, No. 87-12355, Harry J. Bradley, J. Page […]

868 A.2d 649 Tyreek Anderson, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. (Gary) Brian Saunders, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. Nos. 511 C.D. 2004, 514 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: December 30, 2004. Filed: February 18, 2005. BEFORE: FRIEDMAN, Judge; SIMPSON, Judge; McCLOSKEY, Senior Judge. OPINION BY JUDGE FRIEDMAN. […]

549 A.2d 240 Commonwealth of Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania. October 12, 1988. Labor relations — Arbitration — Public Employee Relation Act, Act of July 23, 1970, P.L. 563 — Managerial prerogative. 1. The Commonwealth of Pennsylvania does not have to submit to binding interest […]

619 A.2d 394 Ollie Jean LONG v. Benjamin THOMAS. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs October 2, 1992. Decided December 30, 1992. Appeal from the Court of Common Pleas, Washington County, No. 158 DR 1964, David L. Gilmore, J. Page 417 Jacqueline M. Moran, Asst. […]

305 A.2d 730 Commonwealth v. Lehman, Jr. Commonwealth Court of Pennsylvania.Argued May 10, 1973 May 25, 1973. Motor vehicles — SuspensiOn of motor vehicle operator’s license — Prima facie case — Burden of proof — The Vehicle Code, Act 1959, April 29, P. L. 53 — Convictions — Procedural defects — Hearing de novo. 1. […]

458 A.2d 653 Klingerman Nursing Center, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1983 April 18, 1983. Department of Public Welfare — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Reimbursement of […]

946 A.2d 191 Michael S. RYAN v. Commonwealth of Pennsylvania, DE. PARTMENT OF TRANSPORTATION, Bureau of Driver Licensing, Appellant. No. 1248 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 22, 2008. Decided: April 9, 2008. Appeal from the Court of Common Pleas, Lehigh County, No. 2007-C-0315, J. Brian Johnson, J. Terrance M. Edwards, Asst. Counsel […]

409 A.2d 511 The Concerned Citizens of Greater West Chester et al., Petitioners v. The Honorable Thomas D. Larson, Secretary of Transportation of Pennsylvania et al., Respondents. William A. DeAngelo, Party Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1979 January 2, 1980. Highways — Occupancy permit — Standing to sue — Municipality — Taxpayer — […]

339 A.2d 151 Ann M. Rayne, Appellant, v. Edgewood School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1975 May 29, 1975. Schools — Professional employes — Failure to award contract — De novo hearing — Local Agency Law, Act 1968, December 2, P.L. 1133 — Due process — Bias — Public School Code of […]

409 A.2d 955 Sadie R. Hoffman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Commissioners of Montour County, Respondents. Commonwealth Court of Pennsylvania.Argued November 15, 1979 January 8, 1980. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Insubordination. 1. An employe discharged for […]

600 A.2d 267 Margaret A. GILSON, Appellant, v. John DOE and Oscar W. Knade, Jr., Ph.D. and Williamsport Area School District, Appellees. Commonwealth Court of Pennsylvania.Argued September 13, 1991. Decided November 26, 1991. Appeal from the Common Pleas Court, Lycoming County, No. 87-08097, Thomas C. Raup, P.J. Page 592 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

865 A.2d 277 The New Corey Creek Apartments, Inc. and Charles Wood, Manager, Petitioners v. Pennsylvania Human Relations Commission, Respondent. No. 344 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: November 2, 2004. Filed: December 8, 2004. Reargument Denied: February 1, 2005. ORDER COLINS, President Judge. NOW, February 1, 2005, having considered petitioner’s application for reargument, the application […]

379 A.2d 336 Baehr Brothers and Guy L. Warman, Thomas D. Thomson and Robert W. Murdoch, Trustees, Petitioners v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1977 November 2, 1977. Taxation — Realty transfer tax stamps — The Realty Transfer Tax Act, Act 1951, December 27, P.L. 1742 — Dissolution of corporation […]

289 A.2d 529 Stewart, et al. v. Unemployment Compensation Board of Review and Aluminum Company of America, Intervenor. Commonwealth Court of Pennsylvania.Argued March 7, 1972 April 12, 1972. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Work stoppage — Ineligibility — Start-up time — Statutory Construction Act, Act […]

Borough of Whitehall v. Vitullo. No. 1692CD10.Commonwealth Court of Pennsylvania. May 5, 2011. Appeal from the Allegheny County SA 09-973. Commonwealth Court of Pennsylvania Decision Without Published Opinion Reversed.

424 A.2d 631 City of Philadelphia v. Belmont Fund, Inc. and Curtis Jones, I/T/A Park Sutton Apartments. Curtis Jones, i/t/a Park Sutton Apartment and Belmont Fund, Inc., Appellants. Commonwealth Court of Pennsylvania.Argued October 7, 1980 January 21, 1981. Appeals — Final order — Demolition. 1. An appeal will lie only from a final order unless […]

737 A.2d 325 JOANN TYSON, Petitioner v. PENNSYLVANIA PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM, Respondent Commonwealth Court of Pennsylvania. No. 2809 C.D. 1997Argued: September 17, 1998 Filed: August 18, 1999 Page 326 Appeal from the Public Employes’ Retirement Board. Before: FRIEDMAN, Judge, FLAHERTY, Judge, and McCLOSKEY, Senior Judge. OPINION FLAHERTY, JUDGE Joann Tyson (Claimant) petitions for […]

447 A.2d 1068 Chester Upland School District, Petitioner v. Gloria Brown and Joseph Madzelan, Respondents. Commonwealth Court of Pennsylvania.Argued June 11, 1982 July 20, 1982. Schools — Scope of appellate review — Demotion — Professional employees — Burden of proof — Evidence. 1. The scope of review of the Commonwealth Court of Pennsylvania in an […]

411 A.2d 877 County of Allegheny, Petitioner v. John Gallo, Respondent. Commonwealth Court of Pennsylvania.Argued December 3, 1979 February 29, 1980. Workmen’s compensation — Occupational disease — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Substantially greater incidence of disease in particular occupation. 1. An employe seeking […]

393 A.2d 1300 William A. Fowler, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jeras Corp. (Trojan Powder Co.), Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1978 November 17, 1978. Workmen’s compensation — Future medical expenses — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

311 A.2d 725 Monumental Properties, Inc., Appellant, v. Board of Commissioners of the Township of Whitehall, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1973 November 8, 1973. Zoning — Pending ordinance rule — Vested rights — Building permit — Public notice — Land development plan — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. […]

442 A.2d 1209 John Trout, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1982 March 29, 1982. Unemployment compensation — Negligent driving — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. An employe discharged for negligent driving following a […]

363 A.2d 860 Brownsville Area School District, Appellant v. Brownsville Education Association, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1976 September 9, 1976. Labor — Arbitration — Scope of appellate review — Manifest disregard of agreement — Prior policy — Savings clause. 1. The award of an arbitrator to whom a labor dispute is submitted […]

509 A.2d 981 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Southeast Delco School District, Appellee. Commonwealth Court of Pennsylvania.Argued April 7, 1986 May 28, 1986. Eminent domain — De facto taking — Scope of appellate review — Imminence of condemnation. 1. The scope of review of the Commonwealth Court of Pennsylvania in an eminent […]

425 A.2d 852 Evelyn Montgomery, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 21, 1980 February 23, 1981. Public assistance — Food stamps — Household — Dual household — Theft of food stamps. 1. Under the food stamp program a household entitled to food stamps is a group […]

632 A.2d 622 DEPARTMENT OF the NAVY, NAVAL AIR WARFARE CENTER, AIRCRAFT DIVISION WARMINSTER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 15, 1993. Decided September 30, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-301607. Page 606 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

736 A.2d 737 JOSE PEREZ, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 700 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: July 9, 1999. Filed: August 9, 1999. Appeal from the Unemployment Compensation Board of Review, No. B-376017-D. Timothy D. McNair, for petitioner. Daniel M. Miller, for intervenor, Erie Strayer Co. Before: Honorable Dan Pellegrini, Judge, […]

690 A.2d 846 JOHN D. WISE, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS. Commonwealth Court of Pennsylvania.Submitted February 14, 1997. Decided March 11, 1997. Appeal from the Court of Common Pleas, Cumberland County, No 96-1051. Page 847 John D. Wise, appellant, for himself. Heather Faust, Assistant Counsel, Camp Hill, for appellee. Before DOYLE, and […]

625 A.2d 733 Vincent J. FUMO, State Senator, Chairman Senate Appropriations Committee (D), Petitioner, v. Barbara HAFER, Auditor General, Respondent. Commonwealth Court of Pennsylvania.Argued April 1, 1993. Decided May 12, 1993. Page 521 Christopher B. Craig and Adrienne H. Thomas, Co-Counsel, for petitioner. Paul W. Yatron, Chief Counsel, for respondent. Before CRAIG, President Judge, COLINS, […]

694 A.2d 1176 EVAN H. PERRY, Appellant v. TIOGA COUNTY. Commonwealth Court of Pennsylvania.Argued December 12, 1996. Decided June 11, 1997. Appeal from the Court of Common Pleas, Tioga County, No. 927-1991, Saxton, J. Warren R. Baldys, Williamsport, for appellant. Edith L. Dowling, Wellsboro, for appellee. Before PELLEGRINI, and KELLEY, JJ., and MIRARCHI, Jr., Senior […]

368 A.2d 1386 Harry R. Thompson v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Harry R. Thompson, Appellant. Commonwealth Court of Pennsylvania.Argued December 10, 1976 February 14, 1977. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Unemployment Compensation Law, Act 1936, […]

Mishlanie v. Zoning Hearing Board of Schuylkill County. No. 234CD07.Commonwealth Court of Pennsylvania. October 3, 2007. Appeal from the Schuylkill County No. S-2200-2005. Decisions Without Published Opinions Affirmed.

343 A.2d 685 Westrum Enterprises, a limited partnership, Appellant, v. Board of Commissioners of Upper Dublin Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 2, 1975 August 7, 1975. Zoning — Exclusionary zoning — Townhouses — Constitutionality of zoning ordinance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Power to order approval […]

340 A.2d 594 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee, v. James A. Stiles, Appellant. Commonwealth Court of Pennsylvania.Argued March 6, 1975 May 9, 1975. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Burden of proof — Hearing — Failure to […]

399 A.2d 425 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Elroy Byrd, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1978 March 2, 1979. Motor vehicles — School bus operator’s certificate — Regulations — Legislative intent — The Vehicle Code, Act 1959, April 29, P.L. 58 — Heart condition history — […]

848 A.2d 1101 Jean Ryals and Jesse Ryals v. City of Philadelphia and Commonwealth of Pennsylvania, Department of Transportation, and SEPTA. Appeal of: City of Philadelphia. No. 592 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: November 4, 2003. Filed: May 7, 2004. Page 1102 Alan C. Ostrow, Philadelphia, for appellant. George F. Bihn, Philadelphia, for appellees. BEFORE: […]

486 A.2d 543 Brenda V. Pickup, Trustee for Sharon Teachers Assoc. et al., Appellants v. Sharon City School District, Appellee. Commonwealth Court of Pennsylvania.Argued November 14, 1984 January 7, 1985. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Professional employees — Temporary absence — Statutes — Leaves of […]

505 A.2d 403 Michael Gillespie, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. February 28, 1986. Parole — Application — Act of August 6, 1941, P.L. 861. 1. Under Section 22 of the Act of August 6, 1941, P.L. 861, an application for parole must be disposed […]

471 A.2d 1329 Arnold Bakeries, Inc. Aetna Life and Casualty Company, Petitioners v. Workmen’s Compensation Appeal Board (Knowles), Respondents. Commonwealth Court of Pennsylvania.Argued November 17, 1983 March 1, 1984. Workmen’s compensation — Violation of law — Driving while intoxicated — Burden of proof — Causation. 1. An employer may properly be found not to have […]

399 A.2d 1144 Teresa M. Gasper, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1978 March 30, 1979. Unemployment compensation — Response to possible job opportunity — Good faith — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. An employe, who makes no […]

549 A.2d 258 Crucible, Inc., self-insured, Petitioner v. Workmen’s Compensation Appeal Board (Pope), Respondents. Commonwealth Court of Pennsylvania.Argued March 25, 1988. October 24, 1988. Workers’ compensation — Specific loss injury. 1. A workers’ compensation claimant is entitled to disability benefits for injuries which are separate and distinct from those Page 565 which normally follow a […]

348 A.2d 488 J. Richard Fretz and Elizabeth Fretz, his wife, Appellants v. Hilltown Township Board of Supervisors, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1975 December 9, 1975. Zoning — Challenge to validity of ordinance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Exclusive remedy — Request to rezone — […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Shaw v. Tax Review Board . . . . . . . . . . 3214CD99 11/02/2000 Philadelphia Affirmed County 646 May Term 1999 Forde v. Milford Township Zoning Hearing Board . . 109CD00 11/02/2000 Bucks County Affirmed […]

742 A.2d 254 THOMAS V. McLAUGHLIN, Petitioner v. PENNSYLVANIA STATE POLICE, Respondent. No. 867 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: August 6, 1999. Decided: December 10, 1999. Page 255 James L. McAneny, Harrisburg, for petitioner. Thomas F. Jakubiak, Harrisburg, for respondent. Before: SMITH, J., FLAHERTY, J., and JIULIANTE, Senior Judge. JUDGE FLAHERTY Thomas V. McLaughlin petitions […]

O’NEILL v. ZONING BOARD OF ADJUSTMENT. No. 1198CD04.Commonwealth Court of Pennsylvania. December 14, 2004. Appeal from the Philadelphia County, Dec. Term 2003 No. 442. Decision without published opinion. Affirmed.

276 A.2d 845 Taged Incorporated, a Corporation and Thomas G. Zaimes, an Individual v. The Zoning Board of Adjustment of the Borough of Monroeville. Commonwealth Court of Pennsylvania.Argued December 15, 1970 May 6, 1971. Zoning — Easement of way to landlocked parcel — Availability of alternate contractual right of way — Restriction of way to […]

Vincent J. PASSEL v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 1397758.Commonwealth Court of Pennsylvania.Submitted on Briefs March 30, 2007. Decided June 8, 2007. Appeal from the Court of Common Pleas, Mercer County, No. 2006-1049, Reed, J. Page 382 Timothy P. Wile, Asst. Counsel In-Charge and Harold H. Cramer, Asst. […]

399 A.2d 1155 Peter L. Scuoteguazza, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. David L. Coles, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Harold T. Cunningham, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Donald Law, Sr., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. James W. McDade, Petitioner […]

484 A.2d 230 Helen M. Stouffer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1984 November 29, 1984. Unemployment compensation — Effort to obtain work — Extended benefits — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. The determination of what constitutes […]

16 A.3d 1204 Deborah L. Wright-Swygert, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 930 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted: February 4, 2011. Filed: March 3, 2011. BEFORE: PELLEGRINI, Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY JUDGE PELLEGRINI Deborah L. Wright-Swygert (Claimant) petitions for review of an order of the Unemployment Compensation Board […]

Richard PRIES, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (VERIZON PENNSYLVANIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 3, 2006. Decided July 25, 2006. Appeal from the workers’ compensation judge. Page 137 John A. Bednarz, Jr., Wilkes-Barre, for petitioner. Dennis R. Sheaffer, Harrisburg, for respondent. Lawrence R. Chaban, Pittsburgh, for amicus curiae. BEFORE: McGINLEY, Judge, […]

511 A.2d 949 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Chris Pinhas, Appellee. Commonwealth Court of Pennsylvania. July 10, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Points — Pending appeal — Vehicle Code, 75 Pa. C. S. § 1535 and § 1538. 1. Points assessed against […]

330 A.2d 552 Commonwealth of Pennsylvania, State Game Commission, Appellant, v. Tax Claim Bureau of Schuylkill County, Appellee. Commonwealth Court of Pennsylvania.Argued December 3, 1974 January 13, 1975. Taxation — Tax sale — Conveyance to State Game Commission — Act of 1915, April 21, P.L. 140 — Real Estate Tax Sale Law, Act 1947, July […]

454 A.2d 229 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Martin Samek, Appellee. Commonwealth Court of Pennsylvania. January 14, 1983. Motor vehicles — Suspension of motor vehicle operator’s license — Notice of appeal — Failure to raise question below. 1. An appearance by counsel for the Commonwealth in a motor […]

Ribblett v. PENELEC/GPU Energy. No. 1834CD06.Commonwealth Court of Pennsylvania. July 2, 2007. Appeal from the Cambria County 2001-2188. Decisions without Published Opinions Reversed, Affirmed and Remanded.

667 A.2d 271 Ronald TOMCZAK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PRO-AIRE TRANSPORT, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 5, 1994. Decided November 8, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1881. Page 272 Michael D. Schaff, for petitioner. Audrey L. Jacobsen, for respondent. Before DOYLE and KELLEY, JJ., and […]

Rossi v. Murphy. Nos. 1565 C.D. 09, 1656 C.D. 09Commonwealth Court of Pennsylvania. May 26, 2010. Appeal from the Chester County 2006-03707. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

598 A.2d 638 James McNEAL and Linda McNeal, Appellants, v. CITY OF EASTON and John A. Cappellano and James A. Singley, Appellees. Commonwealth Court of Pennsylvania.Argued September 9, 1991. Decided October 22, 1991. Appeal from the Court of Common Pleas, Northampton County, No. 1986-C-2947, James C. Hogan, J. Page 152 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

410 A.2d 971 Sylvester Nobles, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Lee Tire and Rubber Company, Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1979 February 7, 1980. Workmen’s compensation — Termination of benefits — Excuse for non-attendance at hearing. 1. The time to offer an excuse for non-attendance at a hearing […]

279 A.2d 782 Rodes and De Szirmay v. Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued April 12, 1971 July 12, 1971. Equity — Pleadings — Injunction — Grounds for injunctive relief — Irreparable injury — General averments in pleadings. 1. To sustain a complaint seeking injunctive relief, a plaintiff must clearly and explicitly aver and […]

466 A.2d 731 Wallace G. Johnson, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Rosauro C. Palileo, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. William M. Buck, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Lisle E. Williams, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Robert J. Sommer, Petitioner […]

645 A.2d 356 Randall NEAUS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted May 20, 1994. Decided June 23, 1994. Appeal from the Unemployment Compensation Board of Review, No. B-319403. Page 327 James J. Kane, for petitioner. Judith M. Gilroy, Asst. Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for respondent. […]

604 A.2d 1233 GEMINI EQUIPMENT COMPANY, Appellant, v. The BOARD OF COMMISSIONERS OF SUSQUEHANNA TOWNSHIP and Blue Mountain Property Owners’ Association and Mountaindale Community Association, Appellee. Commonwealth Court of Pennsylvania.Argued December 19, 1991. Decided March 6, 1992. Petition for Allowance of Appeal Denied July 21, 1992. Appeal from the Common Pleas Court, Dauphin County, No. […]

670 A.2d 741 DEVAULT PACKING COMPANY, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Alan JONES), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 3, 1995. Decided January 22, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-1956. Patricia A. Mattern, for Petitioner. Richard R. Di Stefano, for Respondent. Before DOYLE and FRIEDMAN, JJ., and […]

325 A.2d 642 Lonnie W. Pettey, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1974 September 27, 1974. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — […]

960 A.2d 206 Robert EATHORNE, Petitioner v. STATE ETHICS COMMISSION, Respondent. No. 178 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: September 11, 2008. Decided: November 7, 2008. Page 207 Robert L. Byer, Pittsburgh, for petitioner. John J. Contino, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, and FRIEDMAN, Judge, and LEAVITT, Judge. OPINION BY Judge PELLEGRINI. Robert Eathorne (Eathorne) […]

454 A.2d 232 Dale E. Cummings, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 14, 1983. Submitted on briefs November 17, 1982, to President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three. Appeal No. 618 C.D. 1981, from the Order of […]

In re: YORK COUNTY TAX CLAIM BUREAU. Donalynn Properties, Inc. v. York County Tax Claim Bureau John J. Luciani and Ann K. Luciani. Appeal of: John J. Luciani and Ann K. Luciani. No. 2164 C.D. 2009.Commonwealth Court of Pennsylvania.Argued June 21, 2010. Decided September 1, 2010. Appeal from The Court of Common Pleas, York County, […]

826 A.2d 936 Kenneth Ray Mitchell, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 2131 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 21, 2003. Filed: June 23, 2003. Page 937 Louis W. Emmi, Pittsburgh, for appellant. Timothy P. Wile, Asst. Counsel In Charge, for appellee. Before: Honorable James Gardner Colins, President […]

423 A.2d 1119 Local 302, International Association of Fire Fighters et al., Petitioners v. The City of Allentown et al., Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1980 December 29, 1980. Jurisdiction — Agreement of the parties — Appellate Jurisdiction Act, 42 Pa. C. S. § 763 — Final order — Appellate jurisdiction — Original […]

961 A.2d 275 Yan Jin v. Comm. of PA. No. 1203CD08.Commonwealth Court of Pennsylvania. November 7, 2008. Appeal from the Allegheny County CP-02-SA-0002191-2007. Decisions Without Published Opinions Affirmed.

291 A.2d 326 Calabrese v. Zoning Board of Adjustment and Schneider, et ux., Intervenors. Commonwealth Court of Pennsylvania.Argued February 23, 1972 May 26, 1972. Zoning — Building permit — Ordinance — Vested right — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___ No. 247 — Timeliness of appeal — Constitutionality of zoning […]

936 A.2d 552 Pauline A. ROSS, by her personal representative David P. ROSS, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued: October 10, 2007. Decided: November 15, 2007. Appeal from the Department of Public Welfare, No. 650324641-001M. Page 553 John B. Payne, Wexford, for petitioner. Jason Manne, Sr. Asst. Counsel, Pittsburgh, for […]

361 A.2d 505 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Ronald Bacon, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1975 July 21, 1976. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — Wilful misconduct — Consciousness of wrongdoing — Burden of proof […]

545 A.2d 450 Herman H. Recht, Appellant v. City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania. August 4, 1988. Trial — Request for jury trial — Transfer from equity to law — Pa. R.C.P. No. 1509(c) — Request for jury by adverse party — Constitution of Pennsylvania, Article I, Section 6. 1. An action misfiled […]

Begies v. Upper Nazareth Township Zoning Hearing Board. No. 830CD07.Commonwealth Court of Pennsylvania. June 20, 2008. Northampton County C0048 CV 2006 4207. Reversed.

524 A.2d 1005 Pennsylvania Social Services Union, Local 668, SEIU, Petitioner v. Commonwealth of Pennsylvania, Department of Labor Industry, Bureau of Workers’ Compensation, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1986 April 13, 1987. Labor — Discharge of workmen’s compensation referee — Due process — Just cause — Adjudication — Notice of charges — Collective […]

424 A.2d 637 Jennie E. Cornman, Mother of Thomas E. Cornman, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Chester Hill Borough and Ohio Casualty Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued November 21, 1980 February 2, 1981. Workmen’s compensation — Scope of appellate review — Dependency — Child — Parent. 1. In […]

273 A.2d 923 Thomas B. Wolfe and Grace W. Wolfe, Husband and Wife, v. Redevelopment Authority of the City of Johnstown. Commonwealth Court of Pennsylvania.Argued October 20, 1970 January 25, 1971. Eminent domain — Damages — Evidence — Valuation formulae by experts — Comparison of viewer’s award with jury verdict — Trial jury’s view — […]

437 A.2d 1329 Galen H. Wolgemuth, Lloyd G. Grander and Daniel L. Leib, Board of Supervisors, Heidelberg Township, Lebanon County, Pa., Appellants v. Ralph R. Kleinfelter and Janet E. Kleinfelter, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued September 18, 1981 December 23, 1981. Zoning — Subdivision plan — Peremptory judgment — Pa. R.C.P. Nos. 237.1 […]

737 A.2d 359 EAT’N PARK RESTAURANTS, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SKINNER-FORD), Respondent Commonwealth Court of Pennsylvania.Submitted: July 23, 1999 Filed: September 7, 1999 Page 360 Appeal from the Workers’ Compensation Appeal Board, No. A98-0921. Harry W. Rosensteel, for petitioner. Susan Paczak, for respondent. Before: McGINLEY, J., KELLEY, J., and MIRARCHI, Jr., Senior […]

823 A.2d 1043 Richard Farr, Petitioner v. Workers’ Compensation Appeal Board (TRW, Inc.), Respondent. No. 2578 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 14, 2003. Filed: April 4, 2003. Order Filed: June 4, 2003. ORDER NOW, June 4, 2003, having considered petitioner’s application for reargument, and respondent’s answer, the application is denied. Carole Hendrick, Collegeville, for […]

475 A.2d 179 Maria E. Hernandez, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 10, 1984. Unemployment compensation — Burden of proof — Willful misconduct — Scope of appellate review — Hearsay. 1. In an unemployment compensation case the employer has the burden of proving willful misconduct, […]