Category: Pennsylvania Commonwealth Court Opinions

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. […]

543 A.2d 211 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. George Hill, Appellee. Commonwealth Court of Pennsylvania. June 15, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Financial responsibility — Vehicle Code, 75 Pa. C. S. § 1785 — Modification of penalty. 1. A motor vehicle operator’s […]

591 A.2d 1164 Matthew L. TYLER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued February 12, 1991. Decided May 9, 1991. Reargument Denied July 15, 1991. Appeal from the Unemployment Compensation Board of Review, Decision No. B-282635. Page 599 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

568 A.2d 1336 CHURCH OF THE SAVIOUR v. ZONING HEARING BOARD OF TREDYFFRIN TOWNSHIP and Tredyffrin Township. Appeal of TREDYFFRIN TOWNSHIP. Commonwealth Court of Pennsylvania.Argued November 13, 1989. Decided December 12, 1989. Reargument Denied February 21, 1990. Appeal from the Court of Common Pleas of Chester County, Charles B. Smith, J. Page 543 [EDITORS’ NOTE: […]

550 A.2d 873 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James Garlan, Appellee. Commonwealth Court of Pennsylvania. December 1, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Error of law — Abuse of discretion — Insufficient evidence — Refusal of chemical test […]

410 A.2d 953 Erma Bennett for Nancy Bennett, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1979 February 4, 1980. Public assistance — Food stamps — Substantial evidence — Single household — Income eligibility. 1. A mother and daughter are properly found to be a single household […]

860 A.2d 616 CITY OF PITTSBURGH, Appellant v. COUNTY OF ALLEGHENY, DEPARTMENT OF ADMINISTRATIVE SERVICES, ELECTION DIVISION and Pittsburgh Firefighters, Local No. 1 and Joseph King. No. 1852 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: October 5, 2004. Decided: October 20, 2004. Appeal from the Court of Common Pleas, Allegheny County, No. GD 04-18300, Strassburger, J. George […]

530 A.2d 538 William P. Laughlin and Fireman’s Fund Insurance Co., Petitioners v. Workmen’s Compensation Appeal Board (Huska), Respondents. Commonwealth Court of Pennsylvania. September 2, 1987. Workers’ compensation — Conflicting evidence — Hypothetical question — Credibility — Competence. 1. In a workmen’s compensation case the resolution of conflicting testimony is for the referee as factfinder. […]

566 A.2d 357 BUCKS COUNTY WATER AND SEWER AUTHORITY, Appellant, v. Robert L. RAWLINGS, Appellee. Commonwealth Court of Pennsylvania.Argued June 9, 1989. Decided November 15, 1989. Appeal from the Court of Common Pleas, Bucks County, No. 83-5905-09-4, Bortner, J. Page 512 Nicholas A. Leonard, Jaczun, Grabowski Leonard, Perkasie, for appellant. Robert M. Donovan, with him, […]

352 A.2d 576 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Elaine Mascioli, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 February 26, 1976. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — Wilful misconduct — Burden of proof — Physical or mental […]

528 A.2d 702 Allied Services for the Handicapped, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1986. July 21, 1987. Department of Public Welfare — Medical services reimbursement — Timeliness of invoice filing — Regulations — Specificity of findings — Remand. 1. When findings of fact […]

661 A.2d 20 CITY OF PHILADELPHIA, BOARD OF LICENSE INSPECTION REVIEW v. 2600 LEWIS, INC., Appellant. Commonwealth Court of Pennsylvania.Argued: May 9, 1995. Decided: June 15, 1995. Reargument Denied August 4, 1995. Appealed from the Common Pleas Court, Philadelphia County, No. 9309-1994, Avellino, J. Page 21 Richard L. Hahn, for appellant. John J. Gambescia, Asst. […]

426 A.2d 207 United States Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Rudolph Atz, Respondents. Commonwealth Court of Pennsylvania.Argued February 5, 1981 March 2, 1981. Workmen’s compensation — Pneumoconiosis — Disability — Conflicting evidence — Medical evidence — Objective tests. 1. In a workmen’s compensation case questions of credibility and […]

538 A.2d 131 City of Philadelphia, Appellant v. Fraternal Order of Police, Lodge No. 5, and Arbitrator David Weinstein, Appellees. Commonwealth Court of Pennsylvania.Argued December 17, 1987. February 26, 1988. Labor law — Arbitration award — Scope of appellate review — Essence test — Just cause for dismissal of police officer — Refusal to submit […]

349 A.2d 520 City of Wilkes-Barre v. Joseph Ebert, National Motors, and Anthony Woronko, Tony’s Used Cars, Appellants. Commonwealth Court of Pennsylvania.Argued October 9, 1975 December 15, 1975. Taxation — Summary judgment — Pa. R.C.P. No. 1035 — Fact issue — Burden of proof — Affidavit — Words and phrases — Tax — License tax […]

631 A.2d 734 MILLCREEK TOWNSHIP SCHOOL DISTRICT, Appellant, v. PENNSYLVANIA LABOR RELATIONS BOARD and Millcreek Township Education Association. Commonwealth Court of Pennsylvania.Argued March 1, 1993. Decided August 24, 1993. Appeal from the Court of Common Pleas, Erie County, No. 4792-A-1991, Joyce, J. Page 157 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

427 A.2d 714 David Ellis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1981 March 31, 1981. Unemployment compensation — Willful misconduct. 1. In an unemployment compensation case, evidence that the claimant had previously received warnings and a suspension for insubordination and unsatisfactory work is sufficient […]

784 A.2d 853 Pennsylvania State Police, Petitioner v. Dean C. Heggenstaller, Respondent. No. 2883 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: September 10, 2001. Filed: October 16, 2001. Page 854 Before: Honorable Bernard L. Mcginley, Judge; Honorable Dan Pellegrini, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION SENIOR JUDGE McCLOSKEY The Pennsylvania State Police (the PSP) petition […]

746 A.2d 1183 GERALD LAKE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WHITEFORD NATIONAL LEASE and S.W.I.F.), Respondents. No. 1129 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 12, 1999. Filed: February 17, 2000. Appeal from the Workers’ Compensation Appeal Board, No. A97-0854. Page 1184 Vincent J. Quatrini, Jr., Greensburg, for petitioner. David F. Ryan, Pittsburgh, for respondents. […]

546 A.2d 1277 Sheree L. Clark, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued May 23, 1988. August 16, 1988. Department of Public Welfare — Public assistance — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Regulations — Income eligibility […]

638 A.2d 455 SAS, INC., (One 1983 Ford Truck, Twenty One-Half Barrels of Beer; and 1982 Peterbilt Walk-In Sleeper Tractor and One 1969 Fruehauf Trailer and One 1969 Fruehauf Stainless Steel Refrigeration Unit), Appellant, v. COMMONWEALTH of Pennsylvania, STATE POLICE, BUREAU of LIQUOR CONTROL ENFORCEMENT. BREWERY PRODUCTS COMPANY, (One 1983 Ford Truck, 20 One-Half Barrels […]

550 A.2d 287 Wadell Atkins, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 16, 1988. Unemployment compensation — Fault of employee — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Loss of security clearance — Burden of proof — Basis for loss — […]

Hill v. Burks. No. 1642CD07.Commonwealth Court of Pennsylvania. February 11, 2008. Appeal from the Fayette County 933 of 2007 G.D. Decisions Without Published Opinions Affirmed.

713 A.2d 698 BEREL ZAFRAN and FRIEDA ZAFRAN, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (EMPIRE KOSHER POULTRY, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued April 16, 1998. Decided May 18, 1998. Appeal from The Workers’ Compensation Appeal Board, No. A96-0498. Neil J. Rovner, Harrisburg, for petitioners. R. Burke McLemore, Jr., Harrisburg, for respondent. Before SMITH and […]

CITY OF PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT v. BENN. No. 859CD05.Commonwealth Court of Pennsylvania. January 3, 2006. Appeal from Philadelphia County 0424 August Term 2004. Decision without published opinion. Reversed and Reinstated.

878 A.2d 177 Betty Jean SMITH, Appellant v. ENDLESS MOUNTAIN TRANSPORTATION AUTHORITY and Jack Nares. No. 2017 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 6, 2005. Decided: July 5, 2005. Appeal from the Court of Common Pleas, Tioga County, No. 505 CV 2002, Dalton, President Judge. Page 178 James T. Rague, Wellsboro, for appellant. Richard L. […]

606 A.2d 968 QUEHANNA-COVINGTON-KARTHAUS AREA AUTHORITY v. SANDY CREEK FOREST, INC. et al. Appeal of Clarence KUBRICK and Charmaine Kubrick, QUEHANNA-COVINGTON-KARTHAUS AREA AUTHORITY, Girard Township, Karthaus Township and Covington Township v. SANDY CREEK FOREST, INC. et al. (Two Cases). Appeal of SANDY CREEK FOREST, INC., Appeal of Robert ROYER et al., Commonwealth Court of Pennsylvania.Argued […]

595 A.2d 758 K-MART CORPORATION, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DICK), Respondent. Commonwealth Court of Pennsylvania.Submitted April 12, 1991. Decided July 22, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-96257. Page 376 Michael J. Seymour, Pittsburgh, for petitioner. Martin Singer, Pittsburgh, for respondent. Before PALLADINO and BYER, JJ., and BARBIERI, Senior Judge. […]

501 A.2d 716 Christine A. Tongel, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 17, 1985. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Violation of rules — Notice. […]

354 A.2d 62 Lillian L. Totten v. Ruth Davis and Workmen’s Compensation Appeal Board. Lillian L. Totten, Appellant. Commonwealth Court of Pennsylvania.Argued March 4, 1976 March 24, 1976. Workmen’s compensation — Accident — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Unusual pathological result — Preexisting condition. 1. An accident required […]

630 A.2d 948 GEORGIA-PACIFIC CORPORATION, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 1992. Decided August 18, 1993. Appeal from the Unemployment Compensation Board of Review, Nos. B-290353-B through B-290415-B. Page 652 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

392 A.2d 912 McKeesport Area School District and Kiski Area School District, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent. Joseph Wilks and Helen Wilks, his wife et al., Intervenors. Commonwealth Court of Pennsylvania.Argued September 12, 1978 October 25, 1978. Schools — Transportation of non-public school children — Constitutionality — Public School Code of […]

347 A.2d 770 Commonwealth of Pennsylvania, Insurance Department v. Colonial Gardens Nursing Home, Appellant. Commonwealth Court of Pennsylvania.Argued September 9, 1975 November 21, 1975. Insurance — Workmen’s compensation liability coverage — Rating systems — Power of Insurance Commissioner — The Insurance Company Law of 1921, Act 1921, May 17, P.L. 682 — Assignment of employer […]

458 A.2d 307 Keith Guthrie et al., Appellants v. The Borough of Wilkinsburg, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1982 April 12, 1983. Policemen and firemen — Letter of reprimand — Local Agency Law, 2 Pa. C. S. § 101 — Adjudication — The Borough Code, Act of February 1, 1966, P.L. (1965) 1656. […]

396 A.2d 497 Franklin Lindsey, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1978 January 23, 1979. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Sufficient evidence — Conflicting evidence — Credibility — Refusal of suitable work […]

675 A.2d 1315 Lois HEALY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (INDUSTRIAL CERAMICS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 15, 1996. Decided May 13, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-1697. Dennis N. Persin, for Petitioner. Phyhis T. Procopio, for Respondent. Before DOYLE and FLAHERTY, JJ., and LORD, Senior Judge. […]

620 A.2d 35 William DeANGELIS, Mayor; Joseph Verruni, Municipal Administrator; and Borough of Norristown, Appellants, v. Anne DELLIPONTI, Appellee. Commonwealth Court of Pennsylvania.Argued November 16, 1992. Decided January 7, 1993. Reargument Denied March 10, 1993. Appeal from the Court of Common Pleas, Montgomery County, No. 91-01352, Stanley R. Ott, J. Page 519 R. Scott Kauffman, […]

701 A.2d 277 IRWIN A. POPOWSKY, CONSUMER ADVOCATE, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1997. Decided October 6, 1997. Dianne E. Dusman, Assistant Consumer Advocate, Harrisburg, for petitioner. Susan D. Colwell, Assistant Counsel, Harrisburg, for respondent. John J Gallagher, Harrisburg, for intervener, National Assoc. of Water Companies. Anthony […]

377 A.2d 1069 Harry J. Ballas, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Rockwell International, Respondents. Commonwealth Court of Pennsylvania.Argued September 16, 1977 September 30, 1977. Workmen’s compensation — Attorney fees — Reasonable contest — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Fall on parking lot — […]

781 A.2d 251 MICHAEL WILLIAMS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CENTER CITY CONSTRUCTION CO.), Respondent. No. 1021 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 8, 2000. Filed: July 23, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable William J. Lederer, Senior Judge. Page 252 OPINION JUDGE LEADBETTER Michael Williams […]

395 A.2d 592 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Helen Jones, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1978 November 6, 1978. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Refusal of breath test — Driving while […]

590 A.2d 844 Susan A. NOSKO, Petitioner, v. SOMERSET STATE HOSPITAL, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 1, 1991. Decided April 29, 1991. Appeal from the Pennsylvania State Civil Service Commission, Appeal No. 8802. Page 368 Gerald S. Robinson, Robinson Geraldo, Harrisburg, for petitioner. Jeffrey P. Schmoyer, Asst. Counsel, Pittsburgh, for respondent. Before […]

630 A.2d 555 Themis S. ROUSSOS, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (ST. VINCENT HEALTH CENTER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 30, 1993. Decided August 13, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1512. Barry T. Drew, for Petitioner. Stanley G. Berlin, for respondent. Before CRAIG, President Judge, PALLADINO, J., […]

438 A.2d 1022 Stanley S. Poskus, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Joseph S. Finch Co., Respondents. Commonwealth Court of Pennsylvania.Argued October 8, 1981 January 6, 1982. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Alcoholism — The Pennsylvania Workmen’s Compensation Act, […]

528 A.2d 1090 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Adolph F. Fellmeth, Jr., Appellee. Commonwealth Court of Pennsylvania. July 31, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Malfunction of breathalyzer — Second test — Vehicle Code, 75 Pa. C. S. […]

814 A.2d 1261 Tribune-Review Publishing Company and WPXI, Petitioners v. Department Of Community and Economic Development, Respondent. No. 2541 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: October 7, 2002. Filed: January 3, 2003. Page 1262 David A. Strassburger, Pittsburgh, for petitioners. Nancy J. Kippenham, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Robert Simpson, […]

561 A.2d 73 In re REAL ESTATE TAX EXEMPTION APPEAL OF CORNWALL MANOR OF the UNITED METHODIST CHURCH. Appeal of CORNWALL MANOR OF the UNITED METHODIST CHURCH. Commonwealth Court of Pennsylvania.Argued April 6, 1989. Decided July 5, 1989. As Corrected July 24, 1989. Petition for Allowance of Appeal Denied March 21, 1990. Appeal from the […]

412 A.2d 652 Timothy J. Reilly and J. Emmett Reilly, Co-partners, trading and doing business as Reilly Contracting Co., Appellants v. Commonwealth of Pennsylvania, Department of Environmental Resources and the General State Authority, Appellees. Commonwealth Court of Pennsylvania. February 20, 1980. Eminent domain — De facto taking — Res judicata — Date of alleged taking […]

874 A.2d 176 STANLEY v. CITY OF PHILADELPHIA. Nos. 1068CD04, 1134CD04.Commonwealth Court of Pennsylvania. April 1, 2005. Appeal from the Philadelphia County 2798 May Term 2002. Decision without published opinion. Affirmed.

422 A.2d 1186 Laflin Borough v. Yatesville Borough v. Jenkins Township, Yatesville Borough, Appellant. Laflin Borough, Appellant v. Yatesville Borough and Jenkins Township, Appellees. Commonwealth Court of Pennsylvania.Argued October 10, 1980 November 17, 1980. Municipalities — Boundary dispute — Adjoinder — Metes and bounds — Intention of incorporators — Estoppel — Absence of improvements. 1. […]

375 A.2d 1383 Nicholas, Heim Kissinger, Appellants v. The Township of Harris and the Zoning Hearing Board of the Township of Harris, Appellees. Commonwealth Court of Pennsylvania.Argued June 8, 1977 July 29, 1977. Zoning — Exclusionary Zoning — Mobile home parks — Token provision for mobile home parks — Comprehensive plan. 1. A zoning ordinance […]

428 A.2d 1061 St. Vincent Health Center and Pennsylvania Manufacturers’ Association Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Themis Roussos, Respondents. Commonwealth Court of Pennsylvania. May 5, 1981. Workmen’s compensation — Modification of benefits — Burden of proof — Availability of suitable work. 1. An employer, or its insurance carrier, […]

391 A.2d 56 Timothy J. Reilly and J. Emmett Reilly, co-partners, trading and doing business as Reilly Contracting Co. v. Commonwealth of Pennsylvania, Department of Environmental Resources and The General State Authority, Appellants. Commonwealth Court of Pennsylvania.Argued April 5, 1978 September 18, 1978. Eminent domain — De facto taking — Eminent Domain Code, Act 1964, […]

600 A.2d 680 TOM TOBIN WHOLESALE, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 19, 1991. Decided December 4, 1991. Appeal from the Unemployment Compensation Board of Review, No. B-288398. Page 45 Theodore L. Krohn, for petitioner. James K. Bradley, Asst. Counsel, and Clifford F. Blaze, Deputy Chief […]

327 A.2d 886 Sebastian Braccia and Bertina Braccia, his wife, Appellants, v. Township of Upper Moreland Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1974 November 18, 1974. Zoning — Variance — Parking spaces — Shopping center — Building use — Existing zoning violations — Scope of appellate review — Abuse of discretion […]

865 A.2d 999 Johnstown Housing Authority, and H.A.R.I.E., Petitioners v. Workers’ Compensation Appeal Board (Lewis), Respondent. No. 1980 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: November 24, 2004. Filed: January 12, 2005. Petition for review from the Workers’ Compensation Appeal Board. Page 1000 Paul S. Mazeski, Pittsburgh, for petitioner. Richard J. Russell, Johnstown, for respondent. BEFORE: McGINLEY, […]

378 A.2d 1035 Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jerry Butler v. Pacific Intermountain Express, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 1977 October 20, 1977. Workmen’s compensation — Medical treatment — Choice of kind of treatment — Chiropractic treatment — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

723 A.2d 1084 WESTMORELAND COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY and JOHN K. WHITEFORD v. ALLEGHENY COUNTY BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW; ALLEGHENY COUNTY; GATEWAY SCHOOL DISTRICT; MUNICIPALITY OF MONROEVILLE; COUNTY OF WESTMORELAND; WESTMORELAND COUNTY BOARD OF ASSESSMENT APPEALS; FRANKLIN REGIONAL SCHOOL DISTRICT; MUNICIPALITY OF MURRYSVILLE ALLEGHENY COUNTY, Appellant. Commonwealth Court of Pennsylvania.Submitted: November 19, […]

830 A.2d 1089 Commonwealth of Pennsylvania v. Richard J. McCague, Appeal of Calvin Lightfoot, Warden of the Allegheny County Jail. No. 2583 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 7, 2003. Filed: August 25, 2003. As Amended: September 10, 2003 Charles P. McCullough, Dennis R. Biondo and Kathryn M. Wakefield, Pittsburgh, for appellant. Patrick J. Thomassey, […]

558 A.2d 132 Frank C. Gennaccaro and Richard A. Bertini v. Clairton School District. Frank C. Gennaccaro, Appellant. Commonwealth Court of Pennsylvania.Argued February 9, 1989. April 25, 1989. Schools — Realignment — Demotion — Public School Code of 1949 — Act of March 10, 1949, P.L. 30 — Standing to challenge district action — Insufficient […]

520 A.2d 525 Manojkumar D. Patel, Petitioner v. Workmen’s Compensation Appeal Board (Sauquoit Fibers Company), Respondents. Commonwealth Court of Pennsylvania. January 21, 1987. Workmen’s compensation — Pennsylvania Rules of Appellate Procedure 2741(2) and 2744 — Frivolous appeal — Collateral estoppel — Res judicata — Counsel fees. 1. When an appeal in a workmen’s compensation case […]

453 A.2d 679 In Re: Appeal of Old Express Limited From Pennsylvania Liquor Control Board Citation No. 2231, 1980. Old Express Limited, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1982 December 15, 1982. Liquor licensing — Liquor Code, Act of April 12, 1951, P.L. 90 — Minors. 1. It will not avail a liquor licensee […]

709 A.2d 928 SAINT JOSEPH HOSPITAL, Appellant v. BERKS COUNTY BOARD OF ASSESSMENT APPEALS, BOROUGH MOUNT PENN, CITY OF READING, PENNSYLVANIA, and the SCHOOL DISTRICT OF THE CITY OF READING, PENNSYLVANIA and the ANTIETAM SCHOOL DISTRICT. Commonwealth Court of Pennsylvania.Argued: April 17, 1996 Decided January 26, 1998 Appeal from the Court of Common Pleas, Berks […]

858 A.2d 686 MODULAR BUILDING SYSTEMS ASSOCIATION, Petitioner v. DEPARTMENT OF LABOR AND INDUSTRY, Respondent. Commonwealth Court of Pennsylvania.Argued September 7, 2004. Decided September 28, 2004. Page 687 Steven R. Snyder, Harrisburg, for petitioner. James A. Holzman, Harrisburg, for respondent. BEFORE: FRIEDMAN, Judge, and LEADBETTER, Judge, and FLAHERTY, Senior Judge. OPINION BY Judge LEADBETTER. Petitioner, […]

410 A.2d 919 In Re: Appeal of Randolph Rouse from Decision of the City of Pittsburgh, Civil Service Commission. Randolph Rouse, Appellant. Commonwealth Court of Pennsylvania.Argued December 3, 1979 January 18, 1980. Termination of employment of police officer — Notice. 1. There is no requirement that notice to a police officer of his termination of […]

742 A.2d 708 HERITAGE BUILDING GROUP, INC., Appellant v. BEDMINSTER TOWNSHIP BOARD OF SUPERVISORS No. 974 C.D. 1999Commonwealth Court of Pennsylvania.Argued: October 5, 1999 Decided: November 17, 1999 Reargument Denied January 18, 2000. Appeal from the Court of Common Pleas, Bucks County, Scott, J. Page 709 John A. VanLuvanee, Doylestown, for appellant. John B. Rice, […]

330 A.2d 285 Eddie C. Fitzgerald, Appellant, v. Civil Service Commission of the City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued October 11, 1974 December 27, 1974. Employment — Regulation 32 of the Philadelphia Civil Service Commission — Local Agency Law, Act 1968, December 2, P.L. 1133 — Scope of appellate review — Violation of […]

417 A.2d 1319 Township of Upper Darby and General Accident Group, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and William Murrin, Respondents. Commonwealth Court of Pennsylvania.Argued June 6, 1980 August 12, 1980. Workmen’s compensation — Police — Notice — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Burden of […]

301 A.2d 121 Farrell v. The House of Seagram, Inc., et al. Commonwealth Court of Pennsylvania.Argued February 8, 1973 March 7, 1973. Workmen’s compensation — Course of employment — Engaged in employer’s business — Question of law — Findings of fact — Scope of appellate review — Sufficient evidence. 1. In a workmen’s compensation case […]

434 A.2d 1337 Kathleen M. Otterbeck, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued August 24, 1981 September 30, 1981. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Personality conflict — Fair hearing. 1. An employe voluntarily terminating employment because of a personality […]

445 A.2d 871 Appeal of Marshall Nortum, a member of the Police Force of the Borough of Johnsonburg, County of Elk, State of Pennsylvania. Borough of Johnsonburg, Appellant. Commonwealth Court of Pennsylvania. May 27, 1982. Civil service — Suspension of policeman — Hearing request — Borough Code, Act of February 1, 1966, P.L. (1965) 1656 […]

Mangan v. Sommer. No. 1587 C.D. 09.Commonwealth Court of Pennsylvania. April 22, 2010. Appeal from the Chester County 06-08350. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

INSKIP v. ADAMS COUNTY TAX CLAIM BUREAU. No. 2439CD03.Commonwealth Court of Pennsylvania. August 25, 2004. Appeal from the Adams County 02-S-1014. Decisions without published opinions. Affirmed.

882 A.2d 1057 Russell PENNOCK and Antoinette Pennock, in their individual capacities and on behalf of the Estate of Daniel Pennock, Appellants v. Richard V. LENZI and Carmine D. Lenzi, in their individual capacities and dba Ridge Crest Farms, Melvin C. Gelsinger, Gale Gelsinger, Esther Gelsinger, Clarence D. Gelsinger, Rettew Associates, Inc., Berks County Conservation […]

Sydnor v. PA Dept. of Transportation. No. 497CD06.Commonwealth Court of Pennsylvania. December 8, 2006. Appeal from the Delaware County 00-8334. Decisions Without Published Opinions Affirmed.

601 A.2d 1334 Thomas K. GARVEY and Kathleen A. Garvey, his wife, Appellants, v. Frank ROSANELLI t/a Rosanelli Homes, Joseph T. Ryan t/a Joseph T. Ryan Real Estate, John and Patricia Busillo, his wife and Lower Southampton Township, Appellees. Commonwealth Court of Pennsylvania.Argued December 4, 1990. Decided January 8, 1992. Appeal from the Common Pleas […]

808 A.2d 1019 Sharp Equipment Company, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2647 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: March 22, 2002. Filed: October 18, 2002. Page 1020 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1021 Michael D. Dautrich, […]

638 A.2d 370 COMMONWEALTH of Pennsylvania, Appellant, v. ONE 1984 CHRYSLER FIFTH AVENUE SEDAN, Corinne Reed. Commonwealth Court of Pennsylvania.Submitted May 11, 1993. Decided February 9, 1994. Appeal from the Court of Common Pleas, York County, No. 294 M.A. 1991, Cassimatis, J. Page 91 William H. Graff, Jr., Deputy Prosecutor, for appellant. No appearance for […]

638 A.2d 413 Gwendolyn ELLIOTT, Appellant, v. CITY OF PITTSBURGH. Commonwealth Court of Pennsylvania.Argued November 15, 1993. Decided February 17, 1994. Appeal from the Common Pleas Court of Allegheny County, No. S.A. 1703-88, Penkower, J. Page 181 Michael Louik, for appellant. Richard J. Joyce, Asst. City Sol., for appellee. Before DOYLE and KELLEY, JJ., and […]

LOCUST LAKE VILLAGE PROPERTY OWNERS ASSOCIATION v. David S. WENGERD and Emma L. Wengerd, husband and wife Locust Lake Village Property Owners Association v. David S. Wengerd Appeal of: David S. and Emma L. Wengerd, husband and wife. Commonwealth Court of Pennsylvania.Argued April 3, 2006. Decided May 25, 2006. Appeal from the Court of Common […]

565 A.2d 502 James O’NEILL, Jr., Appellant, v. BOROUGH OF YARDLEY; Yardley Borough Council and Yardley Borough Civil Service Commission, Appellees. Commonwealth Court of Pennsylvania.Argued September 15, 1989. Decided October 16, 1989. Appeal from the Court of Common Pleas of Buck County, Edward Biester, Jr., J. Page 271 Joseph J. O’Neill, Philadelphia, with him, Theodore […]

366 A.2d 594 Nehi Bottling Company v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Nehi Bottling Company, Appellant. Commonwealth Court of Pennsylvania.Argued October 25, 1976 November 30, 1976. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Credibility — Evidentiary weight — […]

336 A.2d 479 Bodegard Mitchell, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1975 April 23, 1975. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Caring for family members. […]

453 A.2d 687 In Re: Matter of Revocation of Restaurant Liquor License R-7792 etc. Rosemarie Mancini, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1982 December 21, 1982. Pennsylvania Liquor Control Board — Former testimony — Incompetence — Judicial Code, 42 Pa. C. S. § 5934 — Legislative intent — Common law — Absence of counsel. […]

450 A.2d 795 Karen L. Lease, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 1, 1982. Unemployment compensation — Willful misconduct. 1. Willful misconduct for unemployment compensation purposes include a deliberate violation of the employer’s rules. [247-8] 2. An unemployment compensation claimant’s failure to telephone her employer […]

789 A.2d 851 Independent Oil and Gas Association of Pennsylvania, Hess Energy, Inc., TXU Energy Services and the New Power Company, Enron Energy Services, Inc., UGI Energy Services, Inc., PG Energy Services, Inc., Ashland, Inc., Mid American Natural Resources, Inc., Agway Energy Services-PA, Inc., Energy East Solutions, Inc., Petitioners v. Pennsylvania Public Utility Commission, Office […]

634 A.2d 665 TELEDYNE COLUMBIA-SUMMERILL CARNEGIE, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1993. Decided August 13, 1993. Publication Ordered December 8, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-300676. Page 18 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

434 A.2d 912 Edward Donaldson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 September 23, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Burden of proof […]

390 A.2d 1368 Controller’s Annual Report, Year 1972, of Lackawanna County. Taxpayers of Lackawanna County, Pennsylvania and Erv Hohensee and Gene Basalyga, Appellants. Commonwealth Court of Pennsylvania. September 19, 1978. Appeal — Timeliness — Breakdown of court operation — Taxpayers’ action — The County Code, Act 1955, August 9, P.L. 323 — Party — Recognizance […]

581 A.2d 984 COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. PHILADELPHIA SUBURBAN WATER COMPANY, Respondent. Commonwealth Court of Pennsylvania.Argued April 30, 1990. Decided September 26, 1990. Reargument Denied November 21, 1990. Appeal from the Environment Hearing Board (EHB), No. 85-151-M. Page 284 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

603 A.2d 291 CONSOLIDATED FREIGHTWAYS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (JESTER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 16, 1991. Decided February 3, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A89-2142. Page 370 George M. Evan and Gretchen J. Fitzer, for petitioner. No appearance for Respondent. Before CRAIG, President Judge, SMITH, […]

SKY’S THE LIMIT, INC., Appellant v. ZONING HEARING BOARD OF SMITHFIELD TOWNSHIP and Smithfield Township. No. 1378 C.D. 2010.Commonwealth Court of Pennsylvania.Argued March 8, 2011. Decided March 31, 2011. Appeal from the Court of Common Pleas, Monroe County, No. 11464 CV 2009, Zulick, J. Todd W. Weitzman, Stroudsburg, for appellant. Jeffrey A. Durney, Tannersville, for […]

733 A.2d 659 Yvonne LEE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (Keystone Insurance Company and American Manufacturers Mutual Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs January 29, 1999. Decided June 10, 1999. Michael P. McDonald, for petitioner. Eric S. Scher, for respondent. Before McGINLEY and FLAHERTY, JJ., and RODGERS, Senior Judge. FLAHERTY, Judge. […]

758 A.2d 749 LTV STEEL COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (BLEIGH), Respondent. No. 119 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: July 7, 2000. Filed: August 30, 2000. Page 750 Machael A. Cohen, Pittsburgh, for petitioner. Pamela M. Schiller and Barbara E. Holmes, Pittsburgh, for respondent. Before: Honorable Doris A. Smith, Judge; Honorable James R. […]

358 A.2d 143 Valley Forge Plaza Associates, Appellant v. Board of Supervisors of Upper Merion Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 7, 1976 May 24, 1976. Zoning — Land development plan — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Vested rights — Appeal — Decision of governing body. Page 586 […]