Category: Pennsylvania Commonwealth Court Opinions

400 A.2d 930 Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. W. P. Dickerson Son, Inc. and Dickerson Enterprises, Inc., a Joint Venture, Respondents. Commonwealth Court of Pennsylvania.Argued March 5, 1979 May 1, 1979. Public contracts — Specifications — Responsibility of contractor — Supervision by public agency — Delay — Rejection of work — Additional […]

961 A.2d 276 In re C.O.P. v. 1999 Ford Truck, Pa. Reg. YSX3527, VIN#1FTRX18L9XNB41962; Hoachlander. No. 1011CD08.Commonwealth Court of Pennsylvania. November 25, 2008. Appeal from the York County CP-67-MD-0001025-2007. Decisions Without Published Opinions Affirmed.

729 A.2d 109 KEY HANDLING SYSTEMS, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (JENKINS), Respondent. No. 1740 C.D. 1997.Commonwealth Court of Pennsylvania.Submitted: December 12, 1997. Filed: March 22, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A95-4786. Page 110 John F. Kennedy, Wilkes-Barre, for petitioner. Jeffrey A. Yelen, Wilkes-Barre, for respondent. BEFORE: HONORABLE DAN […]

862 A.2d 183 IN RE ADELPHIA COMMUNICATIONS CORP. FROM THE DECISION OF THE POTTER COUNTY BOARD OF ASSESSMENT APPEALS FOR PROPERTY OWNED BY ACC OPERATIONS, INC. No. 2757CD03.Commonwealth Court of Pennsylvania. October 28, 2004. Appeal from the Potter County 2001-351, 2001-352, 2001-353, 2001-354. Decision Without Published Opinion. Affirmed.

Narbert Borough v. Zoning Hearing Board of the Borough of Narberth. 212CD06.Commonwealth Court of Pennsylvania. October 11, 2006. Appeal from the Montgomery County 05-14797. Decisions Without Published Opinions Affirmed.

795 A.2d 471 Michael Kulp, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 1620 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: January 11, 2002. Filed: March 28, 2002. Appeal from the Court of Common Pleas, Chester County, No. 00-07592, Melody, J. Page 472 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

608 A.2d 1118 COMMONWEALTH of Pennsylvania, Appellant v. Ronald HUFFMAN, Appellee. Commonwealth Court of Pennsylvania.Argued: April 6, 1992. Decided: May 5, 1992. Appeal from the Common Pleas Court, Luzerne County, No. 889 of 1990, Donald O’Malley, Senior Judge. Page 631 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

287 A.2d 698 Gaudenzia, Inc. v. Zoning Board of Adjustment and Lefever, et al., Intervenors. Commonwealth Court of Pennsylvania.Argued October 5, 1971 February 14, 1972. Zoning — Use certificate — Special exception — Philadelphia Home Rule Charter — Constitutional law — Due process — Scope of appellate review — Constitution of the United States, Fourteenth […]

525 A.2d 825 John G. Wolfe, Appellant v. Clem C. Switaj and Winnie Williams, Appellees. Commonwealth Court of Pennsylvania.Argued April 22, 1985. May 2, 1985. Elections — The Notory Public Law, Act of August 21, 1953, P.L. 1323 — Notary public — Affidavits — Nomination petition — Pennsylvania Election Code, Act of June 3, 1937, […]

497 A.2d 707 Federal Insurance Company, Petitioner v. Workmen’s Compensation Appeal Board (General Air Freight, Division of DCI International, Inc. and Transport Indemnity Company and Bernacki), Respondents. Commonwealth Court of Pennsylvania.Argued April 9, 1985 September 13, 1985. Workmen’s compensation — Retroactive cancellation of insurance coverage. 1. A retroactive cancellation of a workmen’s compensation policy will […]

473 A.2d 746 Diane F. Mastroianni, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 6, 1984. Unemployment compensation — Voluntary termination of employment — Burden of proof — Scope of appellate review — Leave of absence. 1. In an unemployment compensation case involving a voluntary termination of […]

558 A.2d 185 Max WEINER and Consumer Party of Pennsylvania, Petitioners, v. SECRETARY OF the COMMONWEALTH, Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania. Decided May 11, 1989. Heard May 10, 1989. Appeal from the Commonwealth Court, No. 128 Mis. Dkt. 1989, Crumlish, Jr., President Judge. Page 12 Philip M. Lord, Commons Lord, Philadelphia, for […]

Board of Supervisors of Franklin Township v. Zoning Hearing Board of Franklin Township. No. 160CD07.Commonwealth Court of Pennsylvania. July 5, 2007. Appeal from the Chester County 05-00299. Decisions without Published Opinions Affirmed.

TASCIONE v. GOSSIN. No. 55CD04.Commonwealth Court of Pennsylvania. August 31, 2004. Appeal from the Delaware County 03-02044. Decisions without published opinions. Affirmed.

521 A.2d 536 Colonial Taxi and Paratransit Services, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 2, 1987. Unemployment compensation — Final order — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Willful misconduct — Driving record. 1. An unemployment compensation referee’s […]

694 A.2d 1 EDWARD HORTON v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs March 14, 1997. Decided April 21, 1997. Reconsideration Denied June 19, 1997. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 0227 of 1996, Ross, J. Timothy P. Wile, Assistant […]

377 A.2d 836 The Borough of Clifton Heights et al. v. The School District of the Township of Upper Darby et al. Upper Darby School District (Incorrectly designated School District of the Township of Upper Darby) et al., Appellants. (3 Cases) Commonwealth Court of Pennsylvania.Argued June 8, 1977 September 9, 1977. Schools — Decision to […]

377 A.2d 1036 Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jane Frombach v. Bali Bra Manufacturing Co. and Hartford Insurance Company, Appellants. Commonwealth Court of Pennsylvania.Argued June 9, 1977 September 19, 1977. Workmen’s compensation — Petition to terminate agreement — Burden of proof — Scope of appellate review — Consistent findings — Capricious disregard […]

CITY OF HOPE, Appellant, v. SADSBURY TOWNSHIP ZONING HEARING BOARD and Sadsbury Township. Commonwealth Court of Pennsylvania.Argued October 18, 2005. Decided January 17, 2006. Appeal from the Court of Common Pleas, Crawford County, No. AD 2002-1494, Miller, President Judge. Page 1138 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

437 A.2d 1080 Elaine R. Dodson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Allegheny Lutheran Social Services, Intervenor. Commonwealth Court of Pennsylvania.Argued October 7, 1981 December 17, 1981. Unemployment compensation — Willful misconduct — Vulgarity — Child-care center — Supervisor — Burden of proof — Scope of appellate review. 1. In […]

598 A.2d 1364 CENTRAL DAUPHIN SCHOOL DISTRICT et al., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION and Donald M. Carroll, Jr., Secretary of Education of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1991. Decided November 7, 1991. Reargument Denied December 6, 1991. Appeal from the Commonwealth Court, No. 253 Misc. […]

533 A.2d 188 Babcock Wilcox and Pacific Employers Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Rollins), Respondents. Commonwealth Court of Pennsylvania.Argued October 8, 1987. November 9, 1987. Workers’ compensation — Loss of hearing — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Burden of proof — […]

Haines v. PA Liquor Control Board. No. 1964CD06.Commonwealth Court of Pennsylvania. May 31, 2007. Appeal from the Northampton County C-0048-CV-2005-001938. Decisions without Published Opinions. Affirmed. Page 1

397 A.2d 836 The Merchants National Bank of Allentown v. Chevy Chase Investment Co., Inc. Appeal of: Lawrence Marra. Lawrence Marra, Appellant. The Merchants National Bank of Allentown v. Northampton County Tax Claim Bureau and Lawrence Marra. Appeal of: Lawrence Marra. Lawrence Marra, Appellant. Commonwealth Court of Pennsylvania.Argued September 28, 1978 January 26, 1979. Tax […]

867 A.2d 728 Lani G. Harkness, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 150 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: November 3, 2004. Filed: February 3, 2005. BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, LEADBETTER, Judge, JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge. OPINION BY JUDGE McGINLEY. Lani G. Harkness (Claimant) petitions for review […]

692 A.2d 623 Robert J. PETRILLA, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (PEOPLE’S NATURAL GAS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 26, 1996. Decided April 10, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1338. Lawrence P. Lutz, Butler, for petitioner. Joseph Mack, III, Pittsburgh, for respondent. Before DOYLE and LEADBETTER, JJ., […]

514 A.2d 260 Electro-Space Fabricators, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued May 13, 1986 August 20, 1986. Taxation — Capital stock tax — Domestic corporation — Three-factor apportionment method — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6. 1. A domestic corporation which is not subject […]

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 […]

625 A.2d 1326 Elizabeth A. ALLEN v. Kenneth E. MELLINGER, Commonwealth of Pennsylvania, Department of Transportation, Walter Carpenter, Jr. and Julia Carpenter. Ann WHITE v. Kenneth E. MELLINGER, Walter Carpenter, Jr., Julia Carpenter, and Commonwealth of Pennsylvania, Department of Transportation. Appeal of Elizabeth A. ALLEN, Appellant. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided May […]

811 A.2d 52 Scott Teamann v. David J. Zafris, Patrick K. Burke, Kathleen R. Majors, Joseph Baker, Richard A. Jerrell, Skips Contracting, Inc., a corporation, Special Delivery Services, Inc., a corporation, Pennsylvania Turnpike Commission and The Lane Construction Corporation, a corporation Appeal of: Richard A. Jerrell and Skip’s Contracting, Inc. Walter Baker, as Administrator as […]

364 A.2d 513 Workmen’s Compensation Appeal Board and Italo Brichetti v. Republic Steel Corp. and Commonwealth of Pennsylvania. Republic Steel Corporation, Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1976 September 30, 1976. Workmen’s compensation — Scope of appellate review — Capricious disregard of competent evidence — Conflicting medical evidence — Words and phrases — Substantial […]

953 A.2d 851 Fitzgerald HORTON, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1815 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs April 11, 2008. Decided May 12, 2008. Publication Ordered July 21, 2008. Maria Spina Altoelli, Upper Darby, for petitioner. Paul R. Jordan, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for […]

530 A.2d 1015 Richard D’Agostino, Petitioner v. Workmen’s Compensation Appeal Board (Charles Jacquin, et Cie, Inc. and Aetna Life and Casualty Company), Respondents. Commonwealth Court of Pennsylvania. September 4, 1987. Workmen’s compensation — Scope of appellate review — Termination — Burden of proof — Psychological disability. 1. In a workmen’s compensation case, the scope of […]

835 A.2d 870 Lynda Cantarella, Petitioner v. Department of Corrections, State Correctional Institution at Waymart, Respondent. No. 134 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 8, 2003. Filed: November 14, 2003. Page 871 Cal A. Leventhal, Honesdale, for petitioner. Shawn P. Kenny, Camp Hill, for respondent. BEFORE: COLINS, President Judge; McGINLEY, Judge; SMITH-RIBNER, Judge; PELLEGRINI, Judge; […]

579 A.2d 1372 Louis A. DAVIS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 6, 1990. Decided September 11, 1990. Appeal from the Board of Probation and Parole, No. 0244-M. Page 644 Bruce E. Mattock, Asst. Public Defender, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, with […]

382 A.2d 797 Anita Hoffman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1977 February 23, 1978. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Regulations — Postmark. 1. Under the Unemployment Compensation Law, Act 1936, […]

433 A.2d 575 Amalgamated Transit Union, Division 1241, by and through its President and Trustee ad Litem, Jay R. Meyers, Appellant v. Red Rose Transit Authority, Appellee. Commonwealth Court of Pennsylvania.Argued June 5, 1981 August 10, 1981. Labor relations — Statutory Construction Act of 1972, 1 Pa. C. S. § 1922(4) — Transportation Act, Act […]

279 A.2d 368 Corder v. Civil Service Commission. Commonwealth Court of Pennsylvania.Argued April 21, 1971 July 9, 1971. State Civil Service Commission — Civil Service Act, Act 1941, August 5, P. L. 752 — Appellate review — Probationary status — Punitive damages — Administrative Agency Law, Act 1945, June 4, P. L. 1388. 1. Appellate […]

935 A.2d 81 Cramer v. Comm. of PA, Dept. of Trans. No. 183CD07.Commonwealth Court of Pennsylvania. October 9, 2007. Appeal from the Dauphin County No. 2380 CV 2004. Decisions Without Published Opinions Affirmed.

771 A.2d 870 Ikon Office Solutions, Inc. d/b/a Ikon Document Services v. City of Pittsburgh, Appellant. No. 3335 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: February 6, 2001. Filed: March 15, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Jess S. Jiuliante, Senior Judge. Page 871 OPINION JUDGE COLINS The City […]

457 A.2d 190 Angelo Bermudez et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 March 16, 1983. Unemployment compensation — Work stoppage — Lockout — Continued work under expired agreement — Power of Unemployment Compensation Board of Review. 1. In an unemployment compensation case […]

448 A.2d 1202 Adams County et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 3, 1981 August 11, 1982. Public assistance — Summary judgment — Act of July 9, 1976, P.L. 846 — Public Welfare Code, Act of June 13, 1967, P.L. 31 — Reimbursement […]

510 A.2d 916 Bethlehem Mines Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Forte), Respondents. Commonwealth Court of Pennsylvania.Argued March 10, 1986 June 11, 1986. Workmen’s Compensation — Burden of proof — Scope of appellate review — Credibility — Correction — 34 Pa. Code § 131.67. 1. When a workmen’s compensation claim petition is filed, the […]

840 A.2d 479 Volkswagen of America, Inc. and Audi of America, Inc., Petitioners v. State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent. No. 580 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: December 9, 2003. Filed: January 8, 2004. Page 480 John B. Consevage, Harrisburg, for petitioner. Thomas A. Blackburn, Harrisburg, for respondent. Kandicd J. Giurintano, Harrisburg, […]

431 A.2d 1108 Edward Leonard, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 6, 1981. Unemployment compensation — Wilful misconduct — Falsification of application — Conflicting evidence. 1. An employe found to have been discharged for falsification of his application in denying that he was related to […]

833 A.2d 805 Eagle Environmental, L.P., Petitioner v. Department of Environmental Protection and Jefferson County, Respondents Jefferson County Commissioners, Jefferson County Solid Waste Authority, Clearfield-Jefferson Counties Regional Airport Authority, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Protection, Eagle Environmental, L.P., John Nordberg, Respondents. No. 524 C.D. 2003, 526 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: September […]

772 A.2d 1051 Donald Kerstetter, Petitioner v. Workers’ Compensation Appeal Board (Pennsylvania Steel Technology), Respondent. No. 2078 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: March 30, 2001. Filed: May 1, 2001. Before: Honorable Dan Pellegrini, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. Page 1052 OPINION JUDGE PELLEGRINI Donald Kerstetter (Claimant) petitions […]

650 A.2d 1188 Robert G. BOLUS, Charles Bolus and Yoke-Lan Bolus, his wife v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals, Appellants. Commonwealth Court of Pennsylvania.Argued September 22, 1994 Decided November 22, 1994. Appeal from the Common Pleas Court, Monroe County, No. 2414 Civil 1989, Vican, President Judge. Page 460 Mark S. […]

681 A.2d 244 Howlen V. POTTORFF, Sr., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 12, 1996. Decided August 23, 1996. Appeal from the Unemployment Compensation Board of Review’s (No. B-346324). Page 245 Howlen V. Pottorff, Sr., pro se, Petitioner. Linda S. Lloyd, Assistant Counsel, and Clifford F. […]

638 A.2d 416 TYRONE AREA SCHOOL DISTRICT v. George F. DELBAGGIO, Appellant. TYRONE AREA SCHOOL DISTRICT v. Charles DELBAGGIO, Appellant. TYRONE AREA SCHOOL DISTRICT v. Richard E. SPRANKLE, Appellant. Commonwealth Court of Pennsylvania.Argued September 15, 1993. Decided February 22, 1994. Appeal from the Common Pleas Court, Blair County, Nos. 1400 C.P. 1990, 918 C.P. 1989, […]

620 A.2d 61 Donald GASTER, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued September 17, 1992. Decided January 6, 1993. Appeal from Environmental Hearing Board, EHB Docket No. 88-345-M. Page 506 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

425 A.2d 71 Domenic Re David, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1980 February 26, 1981. Unemployment compensation — Voluntary termination of work — Burden of proof — Necessitous and compelling cause — Voluntary retirement — Compulsory retirement plan — Medical certification. 1. In […]

979 A.2d 449 Ritorto v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 2133CD08.Commonwealth Court of Pennsylvania. August 7, 2009. Appeal from the Beaver County 11509 of 2008. Decisions Without Published Opinions Affirmed.

621 A.2d 1173 Katherine STAROSCHUCK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MIDLAND ROSS CORP.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 6, 1992. Decided February 18, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-0202. Page 524 Alexander J. Pentecost, for petitioner. Raymond F. Keisling, for respondent. Before DOYLE and FRIEDMAN, JJ., and […]

945 A.2d 796 The PHILADELPHIA HOUSING AUTHORITY, Appellant v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 47, LOCAL 2187, AFL-CIO. No. 1752 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: March 11, 2008. Decided: April 2, 2008. Appeal from the Court of Common Pleas, Philadelphia County, No. 2017 June Term 2007, Di Vito, J. Page […]

445 A.2d 1362 William E. Sayre, Jr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Interstate Dress Carriers, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued February 4, 1982 June 4, 1982. Workmen’s compensation — Petition to set aside final receipt — Burden of proof — Scope of appellate review — Inconsistent findings — Capricious […]

523 A.2d 1196 Conrad Washington, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 8, 1987. Unemployment compensation — Hearsay — Uniform Business Records as Evidence Act, 42 Pa. C. S. § 6108 — Discharge letter — Ship’s log — Scope of appellate review — Error of law […]

463 A.2d 1215 Cheryl Marshall v. Southeastern Pennsylvania Transportation Authority et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued June 8, 1983 August 8, 1983. Appeals — Interlocutory order — Final order — Pennsylvania Rule of Civil Procedure 4019 — Interrogatories — Abuse of discretion — State government agency. 1. No […]

786 A.2d 328 Bonnie L. Piazza, as Administratrix of the Estate of Troy W. Piazza a/k/a Troy Wayne Piazza and Bonnie L. Piazza as Administratrix of the Estate of Troy W. Piazza a/k/a Troy Wayne Piazza, for the benefit of herself and her minor children, Anthony Piazza and Jessie Piazza v. Pennsylvania Department of Transportation […]

482 A.2d 1162 Dale S. Madden et al., Petitioners v. Glen R. Jeffes, Commissioner for Bureau of Corrections et al., Respondents. Commonwealth Court of Pennsylvania. October 5, 1984. Original jurisdiction — Bureau of Correction — Superintendent — State correctional institution — 42 Pa. C. S. § 761(c) — Ancillary jurisdiction — Mandamus — Prisons — […]

871 A.2d 896 In re Condemnation by the DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0202, SECTION 701, a limited access highway in the Townships of Montgomery and Upper Gwynedd. Rajkumar Guttha, v. Commonwealth of Pennsylvania, Department of Transportation. Appeal of Rajkumar Guttha. Commonwealth Court of Pennsylvania.Argued: March 1, 2005. Decided: […]

479 A.2d 96 Colonial Taxi Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 10, 1984. Unemployment compensation — Scope of appellate review — Telephone operator — Suitable work. 1. In an unemployment compensation case the scope of review of the Commonwealth Court of Pennsylvania is limited […]

685 A.2d 1061 Jeffrey Adams WARD, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1996. Decided November 21, 1996. Page 1062 Jeffrey L. Pettit, Philadelphia, for Petitioner. Barry H. Boise, Philadelphia, for Intervenors, Borough of Kennett Square and Kennett Square Borough Council. Before PELLEGRINI and LEADBETTER, JJ., […]

786 A.2d 1044 Irvin East, Deceased c/o Sarah Sanders, Petitioner v. Workers’ Compensation Appeal Board (USX Corporation/Clairton), Respondent. No. 699 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: October 11, 2001. Filed: November 15, 2001. Page 1045 Before: Honorable Bernard L. Mcginley, Judge; Honorable Doris A. Smith, Judge; Honorable Jim Flaherty, Senior Judge. OPINION Page 1046 SENIOR JUDGE […]

756 A.2d 80 CHRISTOPHER FRAZIER, Appellant v. CITY OF PHILADELPHIA AND TERRANCE HAWKINS. No. 3135 C.D. 1997Commonwealth Court of Pennsylvania.Argued: March 6, 2000. Filed: April 26, 2000. Order Filed: July 21, 2000. ORDER AND NOW, this 21st day of July, 2000, it is ordered that the opinion filed April 26, 2000, shall be designated OPINION […]

LAHR MECHANICAL and State Workers’ Insurance Fund, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (FLOYD), Respondent. No. 844 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: August 3, 2007. Decided:: October 9, 2007. Appeal from the Compensation Appeal Board, No. A06-1474. Page 1096 Eric J. Stark, Harrisburg, for petitioner. Paul D. Clouser, Lancaster, for respondent. BEFORE: SMITH-RIBNER, […]

300 A.2d 827 Altemose, et al. v. The Pennsylvania Higher Educational Facilities Authority, et al. Commonwealth Court of Pennsylvania.Argued January 9, 1973 February 28, 1973. Public contracts — Standing to sue — Unsuccessful bidder — Taxpayer — Specifications — Contract conditions — Vagueness — Common standard of bidding — Fair and uniform competitive bidding — […]

392 A.2d 335 Cox’s Restaurant, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Kathleen Andreano, Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1978 October 18, 1978. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Health […]

760 A.2d 77 ELLIOTT THOMPSON, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1473 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: October 15, 1999. Filed: September 28, 2000. John E. Kravitz, Norristown, for petitioner. Arthur R. Thomas, Harrisburg, for respondent. Before: Honorable Joseph T. Doyle, President Judge; Honorable James R. Kelley, Judge; Honorable Emil E. […]

506 A.2d 974 Southeastern Pennsylvania Transportation Authority, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 19, 1986. Unemployment Compensation — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Willful misconduct — Sick leave — Domestic altercation — Burden of proof — Hearsay. 1. […]

Francis v. Septa. No. 825CD09.Commonwealth Court of Pennsylvania. December 16, 2009. Appeal from Philadelphia County 5095 Dec. Term 2007. Decisions Without Published Opinions Affirmed.

379 A.2d 650 Allied Services for the Handicapped, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Jerome Karwaski, Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1977 November 14, 1977. Unemployment compensation — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Words and phrases — […]

317 A.2d 922 Foster Wheeler Corporation and Liberty Mutual Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Joseph Lengen, Appellees. Commonwealth Court of Pennsylvania.Argued March 7, 1974 April 16, 1974. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error el law — Findings of fact — Substantial […]

469 A.2d 328 Thomas C. Clark et al., Appellants v. Chester H. Troutman et al., Appellees Commonwealth Court of Pennsylvania.Argued September 13, 1983 December 15, 1983. Public officials — Pennsylvania Constitution, Article III, § 27 — Salary increase — Writs of execution — Act of October 7, 1976, P.L. 1101 — Final judgment — Res […]

529 A.2d 576 Glasgow, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Glasgow, Inc., Respondent. Commonwealth Court of Pennsylvania.Argued June 11, 1987. July 28, 1987. Board of Claims — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of […]

714 A.2d 489 Warren E. SIEGMOND and Jeanne F. Siegmond, his wife, v. Gregory F. DUSHAK and Jodi Lee Jones Dushak, his wife, Appellants. Commonwealth Court of Pennsylvania.ARGUED: April 16, 1998. FILED: June 18, 1998. Appeal from the Court of Common Pleas, Carbon County, No. 94-0110, Lavelle, President Judge. Page 490 Michael J. Garfield, Albrightsville, […]

539 A.2d 11 Mrs. Smith’s Frozen Foods Company, Petitioner v. Workmen’s Compensation Appeal Board (Clouser), Respondents. Commonwealth Court of Pennsylvania. March 14, 1988. Workers’ compensation — Baker’s Asthma — Causation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Medical witnesses — […]

707 A.2d 604 VICTORIA SMITH v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and CITY OF PHILADELPHIA. Appeal of CITY OF PHILADELPHIA, Appellant. VICTORIA SMITH v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and CITY OF PHILADELPHIA. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1997. Decided February 13, 1998. Appeal from the Court of Common […]

In re Comm. of PA v. 1931 E. Arizona Street; Bonet. No. 406CD10.Commonwealth Court of Pennsylvania. April 21, 2011. Appeal from the Philadelphia County CP-51-MD-0003682-2008. Decisions Without Published Opinions Affirmed.

300 A.2d 916 Arnold Coal Supply Co., Inc., et al. v. Markle, et al. Commonwealth Court of Pennsylvania.Argued December 6, 1972 March 8, 1973. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Accident — Unusual pathological result doctrine — […]

560 A.2d 294 HIGHFIELD II, INC., Appellant, v. The MUNICIPALITY OF UPPER ST. CLAIR, Appellee. Commonwealth Court of Pennsylvania.Argued May 1, 1989. Decided June 16, 1989. Appeal from the Court of Common Pleas, Allegheny County, Ralph J. Cappy, J. Page 520 Michael R. Kelly, Walter A. Koegler, Koegler Tomlinson, Pittsburgh, for appellant. Robert N. Hackett, […]

390 A.2d 902 Carriage Tours, Inc., a Pennsylvania Corporation, Anthony Wayne Drive, Devon, Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Valley Forge Park Commission, Harrisburg, Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1978 September 1, 1978. Public contracts — Preliminary objections — Demurrer — Act of 1911, March 30, P.L. 28 — Valley Forge State […]

Howard ORLOFF, Appellant v. COMMONWEALTH of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 136 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 15, 2006. Decided December 18, 2006. Appeal from The Court of Common Pleas, Delaware County, No. 97-14767, Zetusky, Jr., J. Page 919 H. Allen Litt, Philadelphia, for appellant. Timothy P. Wile, Asst. Counsel […]

430 A.2d 1055 International Petroleum Service, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Timothy L. Wenzel, Respondents. Commonwealth Court of Pennsylvania. June 23, 1981. Workmen’s compensation — Petition to terminate or modify — Availability of suitable work — Insufficient evidence — Burden of proof. 1. An employer seeking to terminate or modify […]

671 A.2d 290 Andre SHAW, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 19, 1996. Decided February 7, 1996. Page 291 Time established a new parole eligibility date and, in effect, established a new minimum term upon which he would again be eligible for parole, and absent […]

823 A.2d 237 Joseph and Olga Nahas v. Zoning Hearing Board of Schuylkill County. Appeal of: Anna and Robert Yeager. No. 1780 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 2, 2003. Filed: May 5, 2003. Order Filed: June 30, 2003. ORDER JAMES GARDNER COLINS, President Judge. NOW, June 30, 2003, having considered respondent’s petition for reargument […]

283 A.2d 500 Lakeland Joint School District v. Gilvary. Commonwealth Court of Pennsylvania.Argued October 5, 1971 November 9, 1971. Public School Code, Act 1949, March 10, P. L. 30 — Scope of appellate review — Presumption of validity of actions of school board — Tenure of teachers — Burden of proof. 1. A professional employee […]

350 A.2d 916 Workmen’s Compensation Appeal Board and Sollen T. Sinor v. Cornell and Company and Hartford Insurance Group, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania. February 3, 1976. Workmen’s compensation — Remand — Interlocutory order — Interests of justice. 1. An order of the Workmen’s Compensation Appeal Board remanding a case to a referee […]

812 A.2d 758 Tinicum Township v. Delaware Valley Concrete, Inc. and Mario Diliberto, Appellants. No. 1119 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 5, 2002. Filed: December 13, 2002. Appeal from the Court of Common Pleas, Bucks County, No. 02-012876-5, Rubenstein, J. Page 759 William E. Benner, Doylestown, for appellants. Robert J. Sugarman, Philadelphia, for appellee. […]

600 A.2d 1305 RAY OAKS MACHINE SHOP and Rockwood Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (Mary E. BUBENKO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 26, 1991. Decided October 22, 1991. Publication Ordered January 3, 1992. Appeal from the Commonwealth Court, No. 647 C.D. 1991, Pellegrini, J. Page 181 [EDITORS’ NOTE: THIS […]

447 A.2d 1075 Bernard Schultz et al. v. Zoning Hearing Board of West Wyoming Borough. John Milazzo, Appellant. Commonwealth Court of Pennsylvania.Argued March 4, 1982 July 21, 1982. Zoning — Timeliness of appeal — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Use permit — Notice of decision — Improper procedure […]

692 A.2d 1155 P.E., Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 20, 1996. Decided April 21, 1997. Appeal from the Department of Public Welfare, No. 21-93-027. Michael J. Cammarano, Reading, for petitioner. Myra W. Sacks, Assistant Counsel, Harrisburg, for respondent. Before SMITH and FLAHERTY JJ., and RODGERS, Senior […]

460 A.2d 920 Philip Herbert, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. June 9, 1983. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Burden of proof — Conflicting evidence — Credibility — Right to counsel. 1. In a motor vehicle operator’s license suspension case, once […]

322 A.2d 144 Township of Neville, Appellant, v. Exxon Corporation and Neville Land Company, Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1974 July 10, 1974. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Variance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 — Power […]

560 A.2d 312 CITY OF WILLIAMSPORT, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 17, 1989. Decided July 6, 1989. Appeal from the Unemployment Compensation Board of Review. Page 556 Norman M. Lubin, Casale Bonner, Williamsport, for petitioner. Clifford F. Blaze, Depty. Chief Counsel, James […]