Category: Pennsylvania Commonwealth Court Opinions

CITY OF PHILADELPHIA v. DANCY. No. 2830CD03.Commonwealth Court of Pennsylvania. August 3, 2004. Appeal from the Philadelphia County 0040 Dec. Term 2002. Decisions without published opinions. Affirmed.

William M. HODGDON v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 991 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs February 25, 2011. Decided March 30, 2011. Appeal from the Court of Common Pleas, Allegheny County, No. MD-1442-2010. Page 46 Philip M. Bricknell, Harrisburg, for appellant. Michael P. Petro, Pittsburgh, for […]

373 A.2d 1370 In Re: Appeal of GFM Associates from Decision of Board of Commissioners of the Township of Mt. Lebanon. GFM Associates, Appellant. Commonwealth Court of Pennsylvania.Argued May 6, 1977 June 9, 1977. Zoning — Request for approval of preliminary development plan — Mobile home parks — Substantive challenge to zoning ordinance — Pennsylvania […]

426 A.2d 734 Sylvia Hauser, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 March 11, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Accompanying spouse to […]

501 A.2d 356 Leonard R. Gold and Reisman-Gold Funeral Chapel, Inc., Petitioners v. Commonwealth of Pennsylvania, State Board of Funeral Directors, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1985 December 12, 1985. Funeral directors — Licensing — Revocation — Funeral Director Law, Act of January 14, 1952, P.L. (1951) 1898 — Misconduct. 1. The existence […]

414 A.2d 1106 David H. Smith, Individually and as the Administrator of the Estate of Patricia Smith, Deceased, Petitioner v. Robert Linn, D.O., et al., Respondents. Commonwealth Court of Pennsylvania.Argued March 12, 1980 May 22, 1980. Physicians — Medical malpractice — Health Care Services Malpractice Act, Act 1975, October 15, P.L. 390 — Jurisdiction of […]

425 A.2d 1203 Patrick V. Nolan, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 11, 1980 February 27, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Malice — Falsification of records — Good cause for violation — […]

808 A.2d 291 Kathleen Rauch, Petitioner v. Workers’ Compensation Appeal Board (Kids Wear Services, Inc.), Respondent. No. 2464 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 10, 2002. Filed: September 26, 2002. Kathleen Kennedy, Philadelphia, for petitioner. Louis S. Flocco, Philadelphia, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Doris A. Smith-Ribner, Judge; Honorable Joseph F. […]

986 A.2d 224 BOROUGH OF ULYSSES v. Barry J. MESLER, Appellant. No. 1166 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted: November 6, 2009. Decided: December 18, 2009. Appeal from the Court of Common Pleas, Potter County, No. 98 of 2005, Leete, President Judge. Page 225 Barry Mesler, appellant, pro se. Stephen P.B. Minor, Port Allegany, appellee. BEFORE: […]

724 A.2d 403 ROBERT S. STEWART, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (PA GLASS SAND/U.S. SILICA and INA/CIGNA WCC), Respondents. PA GLASS SAND — U.S. SILICA and INA/CIGNA, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (STEWART), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 18, 1998. Decided February 2, 1999. Appeal from the Workers’ Compensation Appeal […]

800 A.2d 989 Delaware Valley School District, Petitioner v. Daniel G., by and through his parents and natural guardians, Robert and Mary G., Respondents. No. 1350 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: November 5, 2001. Filed: May 23, 2002. Reargument Denied: July 17, 2002. NOW, July 17, 2002, having considered respondents’ application for reargument, and petitioner’s […]

606 A.2d 960 Paul J. STAHL, Jr., George W. Stahl, Kenneth Greenwood and New Road Associates, Appellants, v. UPPER SOUTHAMPTON TOWNSHIP ZONING HEARING BOARD, Appellee. Commonwealth Court of Pennsylvania.Argued November 22, 1991. Decided April 1, 1992. Reargument Denied May 15, 1992. Appeal from the Court of Common Pleas, Bucks County, No. 90-001719-05-5, Isaac S. Garb, […]

503 A.2d 1112 DeWane A. Wivagg, et al., Appellants v. Downtown McKeesport Business District Authority, Appellee. Commonwealth Court of Pennsylvania.Argued November 16, 1984 February 4, 1986. Jurisdiction — Business district authority — Injunction — Scope of appellate review. 1. Jurisdictional questions may be raised by the Commonwealth Court of Pennsylvania sua sponte. [599] 2. When […]

660 A.2d 685 ESTATE OF Elmer R. DEAVER, Deceased, Appellant. Commonwealth Court of Pennsylvania.Argued May 8, 1995. Decided June 13, 1995. Appeal from the Common Pleas Court, Montgomery County, No. 54874, Ott. J. Page 686 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

463 A.2d 1284 Gloria Geissler, Appellant v. Board of Commissioners of Upper Dublin Township and Upper Dublin Township, Appellees. Commonwealth Court of Pennsylvania. August 18, 1983. Public employee — Termination — Local Agency Law, 2 Pa. C. S. § 754 — De novo hearing — Burden of proof — Just cause — The First Class […]

794 A.2d 977 Department of Corrections, Petitioner v. Workers’ Compensation Appeal Board (McClellan), Respondent. No. 1367 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: February 11, 2002. Filed: March 25, 2002. Harry W. Rosensteel, Pittsburgh, for petitioner. Cynthia M. Porta, Pittsburgh, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Robert Simpson, Judge; Honorable Joseph F. McCloskey, Senior […]

453 A.2d 1078 Richard J. Jacobs, Petitioner v. Workmen’s Compensation Appeal Board (Sentle Trucking Corporation), Respondents. Commonwealth Court of Pennsylvania. January 3, 1983. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Credibility — Unusual activity — Causation. 1. In a workmen’s compensation case where the claimant […]

SEIBERT v. TONEY. No. 829CD05.Commonwealth Court of Pennsylvania. November 28, 2005. Appeal from Allegheny County GD04-9566. Decision without published opinion. Reversed.

316 A.2d 135 Dale E. Hall, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1974 March 12, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Driving while under the influence of intoxicating liquor — Validity of […]

570 A.2d 132 John C. ZERR and Ruth M. Zerr, his wife, and Geigertown Water Co., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, BUREAU OF STATE PARKS, Respondent. Commonwealth Court of Pennsylvania.Submitted December 15, 1989. Decided February 12, 1990. Appeal from the Board of Property, Docket No. BP-88-06. Page 318 Frederick R. Mogel, […]

683 A.2d 353 Mark D. KISNER, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS, CENTRAL OFFICE OF REVIEW COMMITTEE, Respondent. Commonwealth Court of Pennsylvania.Submitted August 16, 1996. Decided September 30, 1996. Reconsideration Denied October 29, 1996. Appeal from Department of Corrections, Central Office Review Committee. Page 354 Mark D. Kisner, pro se, Petitioner. Jill C. […]

296 A.2d 291 Commonwealth v. Ross. Commonwealth Court of Pennsylvania.Argued September 12, 1972 October 25, 1972. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Burden of proof — Conviction record — Evidence — Exhibits — Record. 1. In an appeal challenging the […]

632 A.2d 1061 A Condemnation Proceeding in Rem by the Redevelopment Authority of the City of Philadelphia for the Purpose of Redevelopment of Center City Redevelopment Area Convention Center Urban Renewal Area, Philadelphia, PA Including Certain Land Improvements and Properties Condemnation No. 55. Claims of Samuel LINEFSKY, Samuel Alanoff and Selma Linefsky and Elaine Katchman, […]

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, […]

505 A.2d 1112 Thomas W. Gunderman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 7, 1986. Unemployment compensation — Willful misconduct — Work rule — Tape-playing — Break period — Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa. C. S. §§ 5701-5726 — Privacy. 1. For […]

539 A.2d 958 Patrick Allen Blair, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. April 8, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of chemical test — Blood test — Urine test — Scope of appellate review — Error of law — Abuse of discretion — Violation of […]

551 A.2d 368 Pennsylvania National Mutual Casualty Insurance Company, Petitioner v. The Insurance Commissioner of the Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued May 26, 1988. December 9, 1988. Insurance — Termination of homeowner’s policy — Scope of review — Failure to assert issue in administrative proceeding — Credibility determinations — Agent — Undisclosed […]

488 A.2d 664 Shirley Wilson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 5, 1985. Unemployment compensation — Burden of proof — Scope of appellate review — Willful misconduct — Tardiness. 1. In an unemployment compensation case, when the party with the burden of proof succeeds on […]

517 A.2d 225 Derry Township School District, Appellant v. Suburban Roofing Co., Inc., Appellee. Commonwealth Court of Pennsylvania.Argued September 8, 1986 November 7, 1986. School district — Public contracts — Jurisdiction — Judicial Code, 42 Pa. C. S. § 742 — Scope of appellate review — Judgment n.o.v. — Equitable estoppel — Plank replacement — […]

653 A.2d 1360 DIAMOND ENERGY, INC., Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued: September 23, 1994. Decided: January 13, 1995. Appeal from No. A-110300, F.0067. Affirmed. Friedman, J., dissented and filed opinion. Page 1361 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

400 A.2d 920 Herbert Neff et al., Petitioners v. Commonwealth of Pennsylvania, Insurance Department, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1979 April 30, 1979. Insurance — Acquisition of company stock — The Insurance Company Law of 1921, Act 1921, May 17, P.L. 682 — Reactivation of company — Assumption and reinsurance agreement — Protection […]

Commonwealth Court of Pennsylvania. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Tavianini v. Zoning Hearing Board of Bushkill Township … 1359CD94 5/2/95 Northampton County Affirmed 7953-C-1993 7362-C-1992 Skopic v. Spencer ….. 1513CD94 5/2/95 Columbia County Reversed 919 of 1991 and Remanded Harris v. SEPTA ……. 421CD94 5/3/95 Philadelphia County Affirmed 1828 May Term 1992 […]

520 A.2d 919 Barry L. Bender, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. February 4, 1987. Motor vehicles — Licensing — Suspension — Scope of appellate review — Breath test — Refusal. 1. The decision of a trial court in a motor vehicle license suspension case cannot be disturbed unless the court’s […]

630 A.2d 927 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant v. Cheryl Lynn BROWN, Appellee. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant v. David A. CLAYTON, Sr., Appellee. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. Mark D. BOROS, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs June […]

952 A.2d 1219 Robert McANDREW v. MUNICIPAL CIVIL SERVICE COMMISSION OF SCRANTON, Pennsylvania, Mayor Chris Doherty and the City of Scranton, Martin Crofton, and Leonard Namiotka, Appellants. No. 1373 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: June 9, 2008. Decided: July 16, 2008. Appeal from the Court of Common Pleas, Lackawanna County, No 2005 CIV 179, Mazzoni, […]

553 A.2d 1033 O’Boyle’s Ice Cream Island, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued October 31, 1988. January 31, 1989. Taxation — Sales tax — Exclusion — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Ice cream products. 1. Whether certain ice cream products constitute “candy, […]

407 A.2d 462 Tri-County Excavating, Inc., Appellant v. Borough of Kingston, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1979 October 3, 1979. Public contracts — Interpretation of contract — Additional costs — Subsurface conditions — Responsibility of contractor. 1. In interpreting a contract a court cannot rewrite the contract or give it a construction conflicting […]

556 A.2d 531 Richland School District et al., Appellants v. Richland Education Association by Robert Morgan, Trustee Ad Litem, Appellee. Commonwealth Court of Pennsylvania.Argued: February 10, 1989. March 29, 1989. Attorney fees — Contempt — Judicial Code, 42 Pa. C. S. § 2503(7). 1. Under the Judicial Code, 42 Pa. C. S. § 2503(7), a […]

862 A.2d 675 Ann Keck, Appellant v. Bensalem Township. No. 2646 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 11, 2004. Filed: July 29, 2004. Appeal from the Court of Common Pleas, Bucks County, No. 2001-07591-19-1, Scott, J. Page 676 Walter D. Campbell, Levittown, for appellant. Neil A. Morris, Philadelphia, for appellee. BEFORE: PELLEGRINI, Judge, COHN, Judge, […]

402 A.2d 1119 In Re: Condemnation of Lands and Property of Ernest G. Alexas. Bestyet, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued October 30, 1978 June 21, 1979. Eminent domain — Business dislocation damages — Loss of patronage — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Loss of profits during relocation — Lease […]

431 A.2d 1183 Nathan D. Apple, D.D.S. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Insurance and Pennsylvania Dental Service Corporation t/d/b/a Delta Dental of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued April 8, 1981 July 13, 1981. Insurance — Standing — Professional Health Services Plan Corporations Act, Act of November 15, 1972, P.L. 1063 […]

347 A.2d 328 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Sara Wright, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1975 November 14, 1975. Unemployment compensation — Power of the Unemployment Compensation Board of Review — Referee — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Conflicting evidence — […]

460 A.2d 896 Perkiomen Valley Education Association, Appellant v. Perkiomen Valley School District, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1983 June 3, 1983. Schools — Professional employees — Teachers — Evaluation — Public School Code of 1949, Act of March 10, 1949 P.L. 30- 22 Pa. Code § 351.21 — Arbitration award. 1. Because […]

560 A.2d 915 LACKAWANNA-SUSQUEHANNA-WAYNE MENTAL HEALTH AND MENTAL RETARDATION PROGRAM, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued April 3, 1989. Decided June 21, 1989. Appeal from the Department of Public Welfare. Page 46 Jonathan Vipond, III, Judith P. Musselman, Baskin, Flaherty, Elliott-Mannino Beren, P.C., Harrisburg, for petitioner. John […]

477 A.2d 47 In The Matter Of: The Employes of the City of Philadelphia (Fire Department). The Philadelphia Fire Officers Union, Appellant. Commonwealth Court of Pennsylvania.Argued April 14, 1984 June 18, 1984. Labor relations — Standing — Bargaining unit — Scope of appellate review — Firefighters — Managerial employees — Act of June 24, 1968, […]

602 A.2d 425 The BOARD OF SUPERVISORS OF MONTGOMERY TOWNSHIP, Appellant, v. WELLINGTON FEDERAL DEVELOPMENT CORPORATION and Julian Andre, Michael Andre, Ernest Andre, and William Andre, Appellees. Commonwealth Court of Pennsylvania.Argued September 13, 1991. Decided January 13, 1992. Petition for Allowance of Appeal Denied May 26, 1992. Appeal from the Court of Common Pleas, Montgomery […]

383 A.2d 975 Steven Troyen, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued January 30, 1978 March 29, 1978. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Findings of fact — Substantial evidence — […]

442 A.2d 1245 Jimmie Lee Carter, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 17, 1981 April 1, 1982. Unemployment compensation — Refusal to accept suitable work — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Transportation difficulties — Good faith — Physical […]

682 A.2d 1342 G. Paul FLEETWOOD, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted May 31, 1996. Decided September 23, 1996. Page 1343 Appeal from the Court of Common Pleas, Westmoreland County, No. 5378 of 1995, Scherer, J. John A. Knorr, for Appellant. William A. Kuhar, Assistant […]

704 A.2d 180 Todd LEE v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1997. Decided December 9, 1997. Appeal from the Court of Common Pleas, Philadelphia County, No. 4465 August Term, 1994, Ribner, J. Page 181 Bradley K. Moss, Philadelphia, for appellant. Philip L. Blackman, Philadelphia, for appellee. Before DOYLE and […]

459 A.2d 911 Appeal of William Fiore Etc. Borough Council of Borough of Pleasant Hills, Appellant. Commonwealth Court of Pennsylvania.Argued March 2, 1983 May 16, 1983. Subdivisions — Conditions. 1. A municipality may approve a land development plan which conforms to its regulations, subject, to conditions only if the conditions are accepted by the applicant; […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. BURKE. No. 1376CD05.Commonwealth Court of Pennsylvania. February 27, 2006. Appeal from Bucks County, 05-01370-19-6. Decision without published opinion. Reversed.

704 A.2d 192 PITTSBURGH CELLULAR TELEPHONE COMPANY d/b/a Cellular One, and Shirley and Joseph Mason v. BOARD OF SUPERVISORS OF MARSHALL TOWNSHIP, Appellant. Commonwealth Court of Pennsylvania.Argued November 5, 1997. Decided December 23, 1997. Appeal from the Common Pleas Court, Allegheny County, No. S.A. 96-134, McLean, J. Page 193 Robert A. Loch, Pittsburgh, for appellant. […]

350 A.2d 431 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Richard M. Groat. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant. Commonwealth Court of Pennsylvania.Argued October 30, 1975 January 7, 1976. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, […]

409 A.2d 968 James Stark, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 10, 1980. Unemployment compensation — Willful misconduct — Negligence — Remand. 1. In order to constitute such willful misconduct as to require the denial of unemployment compensation benefits, an employee’s negligence must be of […]

City of Wilkes-Barre v. Moran. 1835CD05.Commonwealth Court of Pennsylvania. August 16, 2006. Appeal from the Luzerne County 15-Eof2002. Decisions Without Published Opinions Affirmed.

656 A.2d 566 VIWINCO, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Horner), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 27, 1995. Decided March 15, 1995. Reargument Denied May 8, 1995. Page 567 Appeal from the Workmen’s Compensation Appeal Board, A93-2144. Frederick W. Ulrich, for petitioner. Karl P. Voigt IV, for respondent. Stephen J. Harlen, for […]

616 A.2d 181 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Nolan D. BENNER, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1992. Decided October 9, 1992. Appeal from the Court of Common Pleas, Lehigh County, No. 90-C-523, James N. Diefenderfer, J. Page 132 Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, […]

595 A.2d 712 Charles W. HAWKINS, Petitioner, v. PENNSYLVANIA HOUSING FINANCE AGENCY, Respondent. Commonwealth Court of Pennsylvania.Submitted April 12, 1991. Decided July 16, 1991. Appeal from the Pennsylvania Housing Finance Agency. Page 284 Eileen D. Yacknin, Pittsburgh, for petitioner. John F. Goryl, Harrisburg, for respondent. Before PALLADINO and BYER, JJ., BARBIERI, Senior Judge. PALLADINO, Judge. […]

CHESTER COMMUNITY CHARTER SCHOOL v. ZAGER.[1] No. 1490CD05.Commonwealth Court of Pennsylvania. February 01, 2006. [1] Reargument Denied March 27, 2006. Appeal from Delaware County, 04-07699. Decision without published opinion. Affirmed.

513 A.2d 1150 Willard Allen, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 19, 1986. Parole — Recommitment — Due process — Scope of appellate review. 1. It is a violation of a parolee’s due process rights to recommit him for a violation of a condition […]

715 A.2d 1233 GEORGE P. VARGO, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. Commonwealth Court of Pennsylvania.Argued June 12, 1998. Decided August 4, 1998. Appeal from the Commonwealth Court No. 493 C.D. 1998, Mirarchi, Jr., Senior Judge. Page 1234 George p. Vargo, petitioner, pro se. Robert M. Wolff, Camp Hill, for respondent. Before DOYLE, and FLAHERTY, […]

612 A.2d 628 Nicholas CARBONETTA, Petitioner, v. WORKMEN’s COMPENSATION APPEAL BOARD (WESTINGHOUSE ELECTRIC CORP.), Respondent. Commonwealth Court of Pennsylvania.Submitted May 15, 1992. Decided July 6, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A-97716. Page 160 Robert F. Kuhn, for petitioner. Marshall A. Haislup, III, for respondent. Before CRAIG, President Judge, PELLEGRINI, J., and […]

357 A.2d 227 Cleo V. Hill v. City of Philadelphia. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania. Cleo V. Hill, Appellant. Commonwealth Court of Pennsylvania.Argued April 8, 1976 May 14, 1976. Workmen’s compensation — Timeliness of appeal — Remand — Inaccuracy of record. 1. An appeal in a workmen’s compensation case must be […]

578 A.2d 604 Ruth A. PERSON, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 6, 1990. Decided July 26, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-277762. Page 233 Ruth A. Person, pro se. James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy […]

610 A.2d 506 BOARD OF EDUCATION OF the SCHOOL DISTRICT OF PHILADELPHIA v. PHILADELPHIA FEDERATION OF TEACHERS, AFL-CIO, Appellant. Commonwealth Court of Pennsylvania.Submitted November 19, 1991. Decided: April 2, 1992. Appeal from the Court of Common Pleas, Philadelphia County, No. 4659 July Term, 1990, Samuel Lehrer, J. Page 16 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

401 A.2d 392 Miller Son Paving, Inc., Appellant v. Wrightstown Township, Appellee. Wrightstown Township, Appellant v. Miller Son Paving, Inc., Appellee. Commonwealth Court of Pennsylvania. May 7, 1979. Zoning — Ordinance violations — Scope of appellate review — Findings of fact — Substantial evidence — Credibility — Evidentiary weight — Quarrying — Fencing — Notice […]

Millen v. County of Lebanon and City of Lebanon. 2461CD05.Commonwealth Court of Pennsylvania. October 12, 2006. Appeal from the Lebanon County 2005-00831. Decisions Without Published Opinions Affirmed.

303 A.2d 858 Franchise Realty Interstate Corporation v. General State Authority. Commonwealth Court of Pennsylvania.Argued March 6, 1973 April 25, 1973. Eminent domain — Just compensation — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Procedural requirements — Declaration of estimated just oompensation — Impartial appraisers. 1. Under provisions of the Eminent […]

937 A.2d 595 COMMONWEALTH of Pennsylvania, Appellant v. FUNDS IN MERRILL LYNCH ACCOUNT, Owned by Rennick Peart, etc. Commonwealth of Pennsylvania v. Funds in Merrill Lynch Account, Owned by Rennick Peart, etc. Appeal of: Rennick Peart. Nos. 2251 C.D. 2006, 2252 C.D. 2006.Commonwealth Court of Pennsylvania.Argued October 30, 2007. Decided: November 28, 2007. Appeal from […]

352 A.2d 194 The Townships of Springdale and Wilkins, Plaintiffs v. George J. Mowod, Secretary of Revenue; Robert P. Casey, Auditor General; Robert P. Kane, Attorney General; and Grace M. Sloan, State Treasurer of the Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued September 9, 1975 February 13, 1976. Taxation — Distribution of revenues to […]

367 A.2d 747 A Condemnation Proceeding In Rem by Hatfield Township for the Purpose of Acquiring Fee Simple Title to Property Described Herein in Hatfield Township for Park and Recreational Purposes. The Property of John S. Thomas and Johanne Thomas, his wife, Grace Building Company, Inc. and Bruce W. Keller. Hatfield Township, Appellant. Commonwealth Court […]

571 A.2d 3 Bruce CADOGAN, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted December 1, 1989. Decided February 26, 1990. Appeal from the Board of Probation and Parole, in an order dated March 11, 1989. Page 557 David Crowley, Chief Public Defender, for petitioner. No appearance for […]

381 A.2d 1353 Calvin H. Walker, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 31, 1977 January 31, 1978. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Due process — Notice and hearing — Unemployment […]

745 A.2d 86 RICHARD WELLS, Appellant v. EDMUND ARMSTRONG, Respondent. Commonwealth Court of Pennsylvania. No. 904 C.D. 1999.Argued: December 9, 1999. Filed: January 27, 2000. Appeal from the Court of Common Pleas, Bucks County, No. 98-1815. John F. Cordisco, Bristol, for appellant. Guy T. Matthews, Langhorne, for appellee. Page 87 Before: Honorable Joseph T. Doyle, […]

361 A.2d 444 Sanctis Construction, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued February 3, 1976 July 14, 1976. Contracts — Board of Arbitration of Claims — Scope of appellate review — Finding of fact — Substantial evidence — Violation of law — Act of 1911, May 31, P.L. 468 […]

686 A.2d 888 LATROBE SPEEDWAY, INC. and Chester M. Aretta, Appellants v. ZONING HEARING BOARD OF UNITY TOWNSHIP. Commonwealth Court of Pennsylvania.Argued November 19, 1996. Decided December 16, 1996. Appeal from The Court of Common Pleas of Westmoreland County, No. 2967 of 1995, Ackerman, J. Page 889 John M. O’Connell, Jr., Greensburg, for appellant. David […]

450 A.2d 235 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William Sinwell, Jr., Appellee. Commonwealth Court of Pennsylvania. September 9, 1982. Motor vehicles — Vehicle Code, 75 Pa. C. S. § 1547(b) — Breathalyzer test — Suspension — Operating privileges. 1. To establish a prima facie case in support of […]

LEE v. GOTSHALL. No. 44CD06.Commonwealth Court of Pennsylvania. September 25, 2006. Appeal from Montgomery County 2005-17873. Decision without published opinion. Affirmed.

954 A.2d 100 VETERANS OF FOREIGN WARS POST 1989, Appellant v. INDIANA COUNTY BOARD OF ASSESSMENT APPEALS, Indiana County, White Township and Indiana Area School District. No. 22 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs May 9, 2008. Decided: August 1, 2008. Appeal from the Court of Common Pleas, Indiana County, No. 12133 CD 2002, […]

639 A.2d 875 In re Audit of Campaign Expense Statements, Election Reports and Affidavits Required to be Filed with the Northampton County Election Board Pertaining to the May 21, 1991 Election of Upper Mount Bethel Township, Northampton County, Pennsylvania. Appeal of Ronald ANGLE, Alfred Dahl et al., Appellants. Commonwealth Court of Pennsylvania.Submitted November 17, 1993. […]

Comm. of PA, Dept. of Trans. v. Himelreich. No. 1349CD08.Commonwealth Court of Pennsylvania. May 20, 2009. Appeal from the Chester County 2007-12505. Decisions Without Published Opinions Affirmed.

467 A.2d 92 James A. Cripe, Appellant v. Zoning Hearing Board of City of Meadville, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1983 November 3, 1983. Zoning — Mobile home — Permanent foundation — Single-family detached dwelling. 1. A premanufactured mobile home which meets the applicable area and bulk regulations of a city’s zoning ordinance […]

655 A.2d 662 EMPIRE INTIMATES, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 30, 1994. Decided March 3, 1995. As Amended March 3, 1995. Appeal from Unemployment Compensation Board of Review, No. B-316754. Page 663 Myron I. Markovitz, for petitioner. Judith M. Gilroy, Asst. Counsel, for respondent. Before […]

510 A.2d 930 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Romet Corporation, Appellee. Commonwealth Court of Pennsylvania. June 16, 1986. Liquor licensing — Scope of appellate review — Liquor Code, Act of April 12, 1951, P.L. 90 — Interstate highway — Measurement. 1. In a liquor licensing case, the scope of review of […]

972 A.2d 32 In re Nominating Petition of R. Seth WILLIAMS, Candidate for Philadelphia District Attorney in the May 2009 Democratic Primary Appeal of R. Seth Williams. No. 506 CD. 2009.Commonwealth Court of Pennsylvania.Argued: April 8, 2009. Decided: April 15, 2009. Appeal from the Court of Common Pleas, Philadelphia County, No. 02799 March Term 2009, […]

BRABSON v. LAWRENCE COUNTY TAX CLAIM BUREAU. No. 1816CD05.Commonwealth Court of Pennsylvania. May 24, 2006. Appeal from Lawrence County 70106-C of 2005. Decision without published opinion. Quashed.

349 A.2d 498 Pasquale A. Bonnani, Appellant v. Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1975 December 22, 1975. Unemployment compensation — Retirement plan — Deduction of benefits — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Recovery of employe contributions — […]

384 A.2d 293 Mabel Edwards, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1978 April 11, 1978. Mental Health and Mental Retardation Act of 1966, Act 1966, October 20, P.L. 96 — Assessment for care and maintenance — Credit for unpaid labor — Regulations of the Department […]

349 A.2d 492 George Lehan and Sarah Lehan, his wife, v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1975 December 16, 1975. Eminent domain — De facto taking — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Conduct of third parties — Consequence of exercise of eminent […]

615 A.2d 836 GWYNEDD PROPERTIES, INC., Appellant, v. LOWER GWYNEDD TOWNSHIP, Appellee. GWYNEDD PROPERTIES, INC., Appellant, v. LOWER GWYNEDD TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1992. Decided August 19, 1992. Appeal from the Court of Common Pleas, Montgomery County, No. 91-19878, Bernard A. Moore, J. Page 125 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

535 A.2d 270 The Pennsylvania State Lodge of the Fraternal Order of Police, by and through its Trustee Ad Litem, Francis P. Bascelli et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1987. December 29, 1987. Labor relations — Exclusive jurisdiction — Unfair labor practice — Declaratory […]

591 A.2d 1137 William HUFFMAN, Appellant, v. BOROUGH OF MILLVALE, Appellee. Commonwealth Court of Pennsylvania.Argued February 11, 1991. Decided April 26, 1991. Reargument Denied July 1, 1991. Appeal from the Court of Common Pleas of Allegheny County, No. 00335-90, R. Stanton Wettick, Jr., J. Page 350 Joseph S. Hornack, Healley Whitehill, Pittsburgh, for appellant. Lee […]