Category: Pennsylvania Commonwealth Court Opinions

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, […]

753 A.2d 309 PAUL F. DiSALVATORE, Petitioner v. MUNICIPAL POLICE OFFICERS’ EDUCATION TRAINING COMMISSION, Respondent. No. 1984 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 10, 2000. Filed: May 23, 2000. Page 310 Anthony M. Caputo, for petitioner. Joanna N. Reynolds, for respondent. Before: Honorable Rochelle S. Friedman, Judge, Honorable Jim Flaherty, Judge, Honorable Jess S. Jiuliante, […]

442 A.2d 374 Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellant v. Clarion County, Appellee. Clarion County v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board. District Council 85, American Federation of State, County and Municipal Employees, AFL-CIO, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1981 March 4, 1982. Labor relations — Salary Board — Arbitration […]

641 A.2d 655 Tony A. STONEBRAKER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SEVEN SPRINGS FARM, INC. and PMA Group), Respondents. Commonwealth Court of Pennsylvania.Argued December 15, 1993. Decided April 19, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1629. Page 469 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

853 A.2d 1093 Commonwealth of Pennsylvania v. One 1991 Cadillac Seville VIN 1G6CD53B9M4342561. Appeal of: Linda K. Fisher. No. 357 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: June 9, 2004. Filed: July 12, 2004. Page 1094 Gary N. Asteak, Easton, for appellant. Sandra Foster-McClure, Easton, for appellee. BEFORE: SIMPSON, Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY […]

402 A.2d 293 James O. Sacks and Harleysville Mutual Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and William H. Sacks, Respondents. Commonwealth Court of Pennsylvania.Argued March 8, 1979 June 6, 1979. Workmen’s compensation — Medical testimony — Causation — Burden of proof — Immediate disabling pain. 1. In a workmen’s compensation […]

377 A.2d 1051 Fantastic Plastic, Inc., a Pennsylvania corporation v. The City of Pittsburgh, a municipal corporation; Peter F. Flaherty, Mayor and Public Safety Director of the City of Pittsburgh; and Robert Coll, Superintendent of Police of the City of Pittsburgh, Appellants. Commonwealth Court of Pennsylvania.Argued May 3, 1977 September 22, 1977. Ordinance — Constitutionality […]

434 A.2d 892 Charles w. Forbes, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1981 September 18, 1981. Civil service — Administrative Agency Law, 2 Pa. C. S. § 704 — Scope of appellate review — Furlough — Lack of work or funds — Managerial prerogative. 1. Under […]

526 A.2d 450 Frank M. Sheesley Company and Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Brant), Respondents. Commonwealth Court of Pennsylvania. May 20, 1987. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Weekly wage computation — Actual remuneration. 1. A workmen’s compensation […]

382 A.2d 505 John Barni, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 5, 1977 February 14, 1978. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — […]

360 A.2d 293 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Benjamin Cooper, Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1976 June 22, 1976. Unemployment compensation — Burden of proof — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 […]

755 A.2d 715 SUPERVALU, INC. (formerly WETTERAU, INC.) and HELMSMAN MANAGEMENT SERVICES, INC., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (BOWSER), Respondent. No. 1748 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: November 3, 1999. Filed: June 28, 2000. Page 716 Richard W. Dell, Pittsburgh, for petitioners. James H. Owen, Kittanning, for respondent. Before: Honorable Joseph T. Doyle, President […]

2 A.3d 689 PHOENIXVILLE HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SHOAP), Respondent. No. 2188 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs March 5, 2010. Decided June 30, 2010. Reargument and Rehearing En Banc Denied August 18, 2010. Page 690 Christopher R. Bridgman, Media, for petitioner. Jonathan A. Picker, Norristown, for respondent. BEFORE: McGINLEY, Judge, […]

651 A.2d 218 Walter STENHACH, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs September 16, 1994. Decided November 30, 1994. As Amended December 1, 1994. Appeal from the Court of Common Pleas, Potter County, No. 392 of 1993, Dalton, Jr., President Judge. Page 608 George […]

284 A.2d 825 Gribble v. Miller et al. Councilmen of Munhall Borough. Commonwealth Court of Pennsylvania.Argued October 21, 1971 December 17, 1971. Assumpsit — Standing to appeal — Evidence — Tax collector’s records — Hearsay — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Borough auditor’s report — Limitation of actions […]

423 A.2d 466 Redevelopment Authority of the City of Wilkes-Barre, Appellant v. Abe Seeherman and Stephen L. Seeherman, Trustees under the Last Will and Testament of Isaac Engel, Appellees. Commonwealth Court of Pennsylvania.Argued October 6, 1980 December 12, 1980. Eminent domain — Urban Redevelopment Law, Act of May 24, 1945, P.L. 991 — Blight — […]

546 A.2d 144 Gary A. Hamilton, Petitioner v. Commonwealth of Pennsylvania, Crime Victim’s Compensation Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 20, 1988. August 18, 1988. Crime victim’s compensation — The Game Law, Act of June 3, 1937, P.L. 1225 — Act of July 9, 1976, P.L. 574. 1. When a perpetrator has been convicted […]

865 A.2d 295 Parkton Enterprises, Inc. v. David A. Krulac and Diane E. Krulac, husband and wife, and Cumberland County Tax Claim Bureau. David A. Krulac and Diane E. Krulac, husband and wife v. Parkton Enterprises, Inc. v. Orlando Torres, Jr. and Anailda Malave. Appeal of Cumberland County Tax Claim Bureau and David A. Krulac […]

863 A.2d 93 Pennsylvania Trout, Trout Unlimited-Penns Woods West Chapter, and Citizens for Pennsylvania’s Future, Petitioners, v. Department of Environmental Protection and Orix-Woodmont Deer Creek Venture, Respondents. No. 1033 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: October 5, 2004. Filed: December 7, 2004. Appeal from the Environmental Hearing Board (EHB), No. 2002-251-R. Page 94 [EDITORS’ NOTE: THIS […]

505 A.2d 1068 Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellant v. Northeastern Educational Intermediate Unit No. 19, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1985 March 4, 1986. Labor relations — Filing requirements — Exceptions — Abuse of discretion — Rehearing. 1. If the Pennsylvania Labor Relations Board creates regulations which grant to itself […]

631 A.2d 807 Richard A. LEWIS, District Attorney of Dauphin County on behalf of the Commonwealth of Pennsylvania v. CITY OF HARRISBURG and County of Dauphin and William H. Livingston, Sheriff of Dauphin County. Appeal of CITY OF HARRISBURG, Appellant. Commonwealth Court of Pennsylvania.Argued December 16, 1992. Decided September 7, 1993. Appeal from the Common […]

430 A.2d 710 Thomas R. Wimbish, a minor, by Verdell D. Wimbish-Haley, his parent and natural guardian, and Verdell D. Wimbish-Haley, Parent, Appellants v. The School District of Penn Hills, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1981 June 10, 1981. Schools — Motion for judgment on the pleadings — Pa. R.C.P. No. 1034 — […]

463 A.2d 1293 Petra Ann Cortese and Peter P. Cortese and Florence Cortese, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1983 August 19, 1983. Venue — Judicial Code, 42 Pa. C. S. § 8523. 1. When the legislature vested the Attorney General with […]

446 A.2d 1372 Joseph William O’Brien and Elizabeth M. O’Brien, Appellants v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1982 July 2, 1982. Public assistance — Reimbursement agreement — Interest on confessed judgment — Judiciary and Judiciary Procedures Act, Act of July 9, 1976, P.L. 586 — Pa. […]

320 A.2d 158 Civil Service Commission, City of Pittsburgh, Appellant, v. Victor Joseph, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1974 June 5, 1974. Civil service — Dismissal of policeman — Specificity of charges — Unauthorized dismissal — Prejudicial statement — Remand — Appearance of bias — Due process — Duty of mayor. 1. Reference […]

399 A.2d 1200 William Cooper, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1979 April 17, 1979. Public assistance — Emergency Fuel Assistance — Economic Opportunity Act of 1964, 42 U.S.C. § 2809 — Community Services Administration — Income eligibility — Priority for elderly. 1. Reduction of […]

439 A.2d 1331 Herbert R. Partsch, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. W. S. McQuaide, Inc., Intervenor. Commonwealth Court of Pennsylvania.Argued December 18, 1981 January 28, 1982. Unemployment compensation — Wilful misconduct — Burden of proof — Violation of rules — Good cause — Scope of appellate review — Capricious […]

496 A.2d 1280 Carolyn B. King, Appellant v. Housing Authority of the City of Pittsburgh, Appellee. Gloria Hudson, Appellant v. Housing Authority of the City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued March 14, 1985 August 15, 1985. Housing — Lease — Renewal — Notice. 1. When a housing authority elects to follow the notice […]

402 A.2d 299 Carole M. Crooks, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 10, 1979 June 7, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Dissatisfaction with wages. […]

529 A.2d 1220 Olimpia Fetfatzes and J M Dogs, Inc., Appellants v. City of Philadelphia and its Department of Licenses Inspections, Appellees. Commonwealth Court of Pennsylvania.Argued June 12, 1987. August 20, 1987. Municipalities — Regulation of hotdog vendors — Preliminary injunction — Notice of ordinance — License revocation — Area limitations. 1. A preliminary injunction […]

316 A.2d 673 Ingersoll-Rand Company and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Joseph C. Taylor, Appellees. Commonwealth Court of Pennsylvania. March 11, 1974. Workmen’s compensation — Scope of appellate review — Premises — Course of employment — Question of law — The Pennsylvania Workmen’s Compensation Act, Act […]

656 A.2d 562 GWYNEDD SQUARE CENTER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. Commonwealth Court of Pennsylvania.Submitted on Briefs January 27, 1995. Decided March 15, 1995. Appeal from the Unemployment Compensation Board of Review, No. B-328938. Page 563 Janet L. Cohen, for petitioner. Paul Jordan, Asst. Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for […]

459 A.2d 863 American Federation of State, County and Municipal Employees, District Council 84, AFL-CIO, Appellant v. City of Beaver Falls, Appellee. Commonwealth Court of Pennsylvania.Argued February 28, 1983 May 5, 1983. Labor relations — Arbitration — Scope of appellate review — Collective bargaining agreement — Notice. 1. In a labor relations case, the Commonwealth […]

618 A.2d 1171 Alfred R. AMOROSO, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1992. Decided December 11, 1992. Appeal from the Common Pleas Court, Adams County, No. 91-S-401, Oscar F. Spicer, President Judge. Page 216 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

699 A.2d 800 PHILADELPHIA COUNTY MEDICAL SOCIETY, RAYMOND J. LODISE, M.D., PENNSYLVANIA SOCIETY OF INTERNAL MEDICINE, and ROBERT B. SKLAROFF, M.D., Petitioners v. LINDA S. KAISER, COMMISSIONER, INSURANCE DEPARTMENT OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued June, 4, 1997. Decided August 12, 1997. Appeal from the Commonwealth Court, No. 3309 C.D. 1996, Pellegrini, J. Page […]

533 A.2d 789 Matthew Marion Fondel, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 16, 1987. Unemployment compensation — Scope of appellate review — Military document — Discharge from service — Willful misconduct — 5 U.S.C. § 8502(b) — Federal employees. 1. In an unemployment compensation case, […]

Lamont TAYLOR, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (GREYHOUND, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 17, 2006. Decided May 26, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A04-2751. Page 1201 Andrea L. McCormick, Philadelphia, for petitioner. Lisa D. Eldridge, Philadelphia, for respondent. BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and […]

738 A.2d 50 ROBERT TALKISH, BARBARA TALKISH, WILLIAM MORTON and MILDRED MILTON v. ZONING HEARING BOARD OF HARBORCREEK TOWNSHIP and BROOKSIDE FIRE COMPANY No. 3238 C.D. 1998Commonwealth Court of Pennsylvania.Argued: June 17, 1999 Filed: September 8, 1999 Appeal from the Court of Common Pleas of Erie County, No. 11683-1996, Bozza, President Judge. Timothy M. Zieziula, […]

809 A.2d 1036 John A. Guido, Appellant v. Township of Sandy and DuBois Dutch, LLC No. 1545 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: May 7, 2002. Filed: October 17, 2002. Reargument Order Filed: December 2, 2002. ORDER NOW, December 2, 2002, having considered the application for reargument filed by appellee Dubois Dutch, LLC, and appellant’s answer, […]

Ali A. MASALEHDAN Audrey G. Masalehdan, Husband and Wife, Appellants v. ALLEGHENY COUNTY BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW Ransom E. Towsley Tina M. Towsley, Husband and Wife, Appellants v. Allegheny County Board of Property Assessment, Appeals and Review Daniel O. Brandeis Jennifer T. Brandeis (Husband and Wife), Appellants v. Allegheny County Board of […]

456 A.2d 1150 Charles R. Young, Petitioner v. Workmen’s Compensation Appeal Board (Britt Pirie, Inc. et al.), Respondents. Commonwealth Court of Pennsylvania. March 9, 1983. Workmen’s compensation — Rehearing — Abuse of discretion — Newly discovered evidence. 1. The granting or denial of a rehearing by the Workmen’s Compensation Appeal Board is discretionary with the […]

634 A.2d 849 Francine G. GRAHAM, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1993. Decided December 3, 1993. Page 378 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 379 Lawrence F. Clark, Jr. for petitioner. Joseph S. […]

532 A.2d 543 Consumer Investment Fund, a partnership by and between Michael Berardi, Cecil J. Buchanan and Handcrafted Homes, Inc., Appellants v. Supervisors of Smithfield Township, Appellee. Commonwealth Court of Pennsylvania.Argued September 14 1987. October 23, 1987. Municipalities — Environmental law — Holding tank permit — Pennsylvania Sewage Facilities Act, Act of January 24, 1966, […]

506 A.2d 985 John F. Culp, III, Petitioner v. Consol Pennsylvania Coal Company, Respondent. John F. Culp, III, Petitioner v. Consol Pennsylvania Coal Company, Respondent. Commonwealth Court of Pennsylvania.Argued March 14, 1985 March 20, 1986. Mining — Subsidence permit — The Bituminous Mine Subsidence and Land Conservation Act, Act of April 27, 1966, P.L. 31 […]

531 A.2d 42 Betty C. Williams, Appellant v. The City of Pittsburgh, et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 25, 1987. September 4, 1987. Home rule — City of Pittsburgh Home Rule Charter — Personnel system — Major administrative unit head — Police — Dual employment — Due process — Policemen’s Civil Service Act, […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Wells. No. 259CD06.Commonwealth Court of Pennsylvania. November 15, 2006. Appeal from the Westmoreland County 719 of 2004. Decisions Without Published Opinions Affirmed.

516 A.2d 782 In Re: Nomination Petition of William J. Passio, Jr. as Candidate for the Democratic Nomination for Representative in the General Assembly from the 184th Representative District. Objection of Vincent J. Fumo. Commonwealth Court of Pennsylvania. March 6, 1984. Elections — Nomination petition — Objector — Attorney — Verification of pleadings. 1. Nothing […]

675 A.2d 390 John D. ROSSI, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 23, 1996. Decided April 24, 1996. Appeal from the Unemployment Compensation Board of Review, No. B-341639. John D. Rossi, Pro Se, as Petitioner. Paul R. Jordan, Assistant Counsel, and Clifford F. Blaze, Deputy Chief […]

870 A.2d 975 Blake McSPADDEN, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 28, 2005. Decided March 17, 2005. Appeal from the Department of Corrections, No. 0976/1192. Page 976 Blake McSpadden, petitioner, pro se. Nicole L. Adams, Asst. Counsel, Camp Hill, for respondent. BEFORE: McGINLEY, Judge, and SMITH-RIBNER, Judge, and […]

360 A.2d 763 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Alfred Tumolo, Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1976 June 22, 1976. Unemployment compensation — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Findings of fact — Substantial […]

413 A.2d 473 C. E. Dunmire Gas Company, Inc., Petitioner v. Pa. Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1980 April 18, 1980. Pennsylvania Public Utility Commission — Public utility — Public Utility Code, 66 Pa. C.S. § 102 — Natural gas service — Availability to public — Retail sales. 1. A […]

674 A.2d 1181 WILKES-BARRE HOLIDAY INN c/o American Motors Inns, Appellant, v. LUZERNE COUNTY BOARD OF ASSESSMENT APPEALS and Wilkes-Barre Area School District. Commonwealth Court of Pennsylvania.Argued December 4, 1995. Decided April 16, 1996. Appeal from the Court of Common Pleas, Luzerne County, No. 3477-C of 1991, Conahan, J. Page 1182 Gregory G. Lotz, for […]

717 A.2d 1125 MARK DiGIOVANNI v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant Commonwealth Court of Pennsylvania.Submitted on Briefs May 29, 1998. Decided September 18, 1998. Appeal from the Court of Common Pleas, Delaware County, No. 97-2509, Battle, J., Page 1126 Werlinsky, Asst. Counsel, and Wile, Asst. Counsel In-Charge, Harrisburg, for […]

615 A.2d 987 Marie C. TEETS, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 20, 1991. Decided September 10, 1992. Appeal from the Unemployment Compensation Board of Review, No. B-291121. Page 420 William H. Mendlow, for petitioner. John E. Herzog, Asst. Counsel and Clifford F. Blaze, Deputy Chief […]

625 A.2d 1297 William D. SIMS, Administrator of the Estate of William Henry Sims, Deceased, and William D. Sims, in his own right, v. SILVER SPRINGS-MARTIN LUTHER SCHOOL, Lutheran Home at Germantown, Diane Gallagher, Frank J. Whitcomb, Sr., Colonial School District, Appellants. David M. Nagle, Jeanne Marie Epps, and Township of Whitemarsh. William D. SIMS, […]

662 A.2d 672 OHIOPYLE PRINTS v. UNIONTOWN AREA SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued March 14, 1995. Decided June 27, 1995. Reargument Denied September 1, 1995. Appeal from the Court of Common Pleas, Fayette County, No. 392 of 1993, G.D., Solomon, J. Douglas S. Sepic, for appellant. Eric Elia Bononi, for appellee. Before DOYLE […]

512 A.2d 1297 Commonwealth of Pennsylvania, Department of Environmental Resources, Plaintiff v. Michael G. Sabia and Michael G. Sabia, Jr. and Warehouse 81 Limited Partnership, and Domino Salvage, Inc., Defendants. Commonwealth Court of Pennsylvania. June 27, 1986. Contempt — Criminal contempt — Civil contempt — Procedural requirements — Due process. 1. If the dominant purpose […]

557 A.2d 1123 Consumer Education and Protective Assoc. (CEPA) et al. v. Southeastern Pennsylvania Transportation Authority (SEPTA). Consumer Education and Protective Association (CEPA), Appellant. Commonwealth Court of Pennsylvania.Argued December 14, 1988. April 14, 1989. Municipalities — SEPTA fare increase — Pennsylvania Urban Mass. Transportation Law, Act of January 22, 1968, P.L. 42 — Discovery — […]

423 A.2d 451 Commonwealth of Pennsylvania v. Good Times Sales Company, et al. Good Times Sales Company, a/k/a Devil’s Den Adult Book Store, a/k/a Cheoap’s Corporation, and Cheoap’s Corporation, Appellants. Commonwealth Court of Pennsylvania. December 8, 1980. Service — Manager — Pennsylvania Rule of Civil Procedure 2180 (a)(1) and (2) — Due process — Notice […]

635 A.2d 714 GWYNEDD PROPERTIES, INC., Appellant, v. BOARD OF SUPERVISORS OF LOWER GWYNEDD TOWNSHIP. Commonwealth Court of Pennsylvania.Argued October 7, 1993. Decided December 22, 1993. Appeal from the Common Pleas Court, Montgomery County, No. 87-13457, Subers, J. Page 600 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

367 A.2d 814 Whitney Gardner v. Borough of Sayre. Whitney Gardner, Appellant. Commonwealth Court of Pennsylvania.Argued December 9, 1976 January 10, 1977. Policemen and firemen — Compulsory retirement — Due process — Equal protection. 1. An ordinance which requires the retirement of a policeman passing the age of sixty and having a total of twenty […]

566 A.2d 918 Steven A. JOHNSON, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 29, 1989. Decided November 28, 1989. Appeal from the Commonwealth Court, No. 510 C.D. 1989, McGinley, J. Page 653 John C. Armstrong, Chief, Parole Div., Norristown, for petitioner. Timothy P. […]

555 A.2d 1388 Ronald G. Carrasquer, Petitioner v. Workmen’s Compensation Appeal Board (Mader’s Carpet Cleaners of Pittsburgh, Inc.), Respondents. Commonwealth Court of Pennsylvania. March 23, 1989. Workers’ compensation — Available work. 1. When a workers’ compensation claimant has changed his residence numerous times during the course of the proceedings, the employer is not obligated to […]

569 A.2d 1013 David L. HAMMOND, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1989. Decided February 6, 1990. Appeal from the Unemployment Compensation Board of Review, B-271551. Page 167 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

349 A.2d 918 Appeal of James J. Foltz, Jr. From Zoning Hearing Board of Borough of Monroeville. Henry J. Borden, et al., Appellants. Commonwealth Court of Pennsylvania.Argued October 28, 1975 January 8, 1976. Zoning — Aggrieved party — Standing to appeal — Intervenors — Improper appeal. 1. A party not aggrieved by a zoning decision […]

423 A.2d 45 George R. Galbreath, Trustee v. Board of Supervisors of Northampton Township. Northampton Township, Appellant. Commonwealth Court of Pennsylvania.Argued October 6, 1980 December 8, 1980. Zoning — Jurisdiction — Administrative remedy — Premature appeal — Curative amendment — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Moratorium. 1. In […]

621 A.2d 1155 NORTH CAMBRIA FUEL COMPANY, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued October 22, 1992. Decided February 12, 1993. Appeal from the Environmental Hearing Board, EHB Docket No. 85-297-G. Page 490 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

872 A.2d 281 JEFFERSON COUNTY COMMISSIONERS v. JEFFERSON COUNTY COURT APPOINTED EMPLOYEES ASSOCIATION. No. 1850CD04.Commonwealth Court of Pennsylvania. March 29, 2005. Appeal from the Jefferson County CD 304-2004. Decisions without published opinions Reversed.

561 A.2d 1339 Nona DAVIS, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs June 30, 1989. Decided August 8, 1989. Appeal from the Common Pleas Court, Cambria County, Thomas A. Swope, Jr., J. Page 476 Nona Davis, Cresson, Pa., pro se. James A. Nelson, Chief Deputy, Timothy P. Creany, Dist. Atty., […]

384 A.2d 269 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William Lea, Appellee. Commonwealth Court of Pennsylvania.Argued February 3, 1978 March 21, 1978. Motor vehicles — Revocation of motor vehicle operator’s license — Driving while under the influence of intoxicating liquor — Delay in revocation — The Vehicle Code, Act […]

412 A.2d 903 West Penn Power Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1979 March 20, 1980. Pennsylvania Public Utility Commission — Rates — Fair value of utility property — Information from other proceedings — Notice — Weighting formula — Capital structure — Fair rate of return — […]

506 A.2d 990 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 48032, Claim No. 4802934. David Oxford, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued February 3, 1986 March 20, 1986. Eminent domain — Scope of appellate review — Preliminary […]

514 A.2d 316 Paul Whitesel, Petitioner v. Workmen’s Compensation Appeal Board (J.M. Junk Sawmill and State Workmen’s Insurance Fund), Respondents. Commonwealth Court of Pennsylvania. September 2, 1986. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736. 1. A workmen’s compensation claimant’s entitlement to benefits cannot be extended under Section […]

754 A.2d 33 IN RE: NOMINATION PETITIONS OF JAMES FARROW for Office of State Representative of the 162nd Legislative District in the Democratic Primary PAULA M. BROWN, Petitioner. No. 54 M.D. 2000.Commonwealth Court of Pennsylvania.Argued: February 16, 2000. Filed: February 17, 2000. Publication Ordered May 24, 2000. Commonwealth Court, No. 54 M.D. 2000. Joel S. […]

420 A.2d 766 Bertha Redmond, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Anthony Fashions, Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1980 October 2, 1980. Workmen’s compensation — Credibility — Referee — Medical testimony — Witness — Inference. 1. In workmen’s compensation cases, it is not for the Commonwealth Court of Pennsylvania […]

705 A.2d 478 Charles and Marlene CAMPBELL, Appellants v. LOWER PROVIDENCE TOWNSHIP. Commonwealth Court of Pennsylvania.Argued September 10, 1997. Decided December 8, 1997. Appeal from the Court of Common Pleas, Montgomery County, No. 91-07098, Brown, J. Page 479 Leigh P. Narducci, Blue Bell, for appellants. Richard C. Sheehan, Audubon, for appellee. Before COLINS, President Judge, […]

615 A.2d 814 Lynne ABRAHAM, District Attorney for the City and County of Philadelphia, Petitioner, v. The DEPARTMENT OF CORRECTIONS OF the COMMONWEALTH OF PENNSYLVANIA; Joseph D. Lehman, Secretary of the Department of Corrections; the Commonwealth of Pennsylvania; Robert P. Casey, Governor of the Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued March […]

435 A.2d 297 In the Matter of Employees of Student Services, Inc., Edinboro State College, Edinboro, Pennsylvania. Employees of Student Services, Inc., Edinboro State College, Edinboro, Pennsylvania, Appellants. Commonwealth Court of Pennsylvania.Argued December 4, 1979 October 7, 1981. Labor disputes — National Labor Relations Act, 29 U.S.C. § 164 — Jurisdiction — Bargaining unit — […]

989 A.2d 404 Karen MACKEY, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (MAXIM HEALTHCARE SERVICES), Respondent. No. 1903 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs: January 8, 2010. Decided: February 17, 2010. Page 405 Thomas M. Marsilio, Wilkes-Barre, for petitioner. Michael A. Sebastian, Scranton, for respondent. BEFORE: McGINLEY, Judge, and BROBSON, Judge, and FLAHERTY, Senior Judge. […]

734 A.2d 52 WILLIAM PANCOAST, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted April 23, 1999. Filed July 6, 1999. Appeal from No. 3403 C.D. 1998. Page 53 Richard R. Di Stefano, for petitioner. Jeffrey L. Zeitz, for respondent. BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge, HONORABLE JIM FLAHERTY, […]

425 A.2d 496 Stella Ellis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1980 February 17, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Burden of proof — Scope of appellate review — Error of […]

709 A.2d 443 HORACE BROUGHTON, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DISPOSAL CORPORATION OF AMERICA), Respondent DISPOSAL CORPORATION OF AMERICA and WESTMORELAND CASUALTY INSURANCE COMPANY IN LIQUIDATION, PA WORKERS’ COMPENSATION SECURITY FUND and INSERVCO INSURANCE SERVICES, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (BROUGHTON), Respondent Commonwealth Court of Pennsylvania.Submitted on Briefs January 30, 1998. Decided March […]

WILLARD v. MORGAN. No. 1584CD05.Commonwealth Court of Pennsylvania. January 19, 2006. Appeal from Dauphin County 2004-CV-3892-LU. Decision without published opinion. Affirmed.

440 A.2d 657 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission et al., Respondents. Philadelphia Suburban Water Company, Intervenor. Commonwealth Court of Pennsylvania.Argued November 20, 1981 January 29, 1982. Public utilities — Railroad bridge — Highway relocation — Allocation of costs incurred in highway project — Public Utility Code, 66 Pa. […]