Category: Pennsylvania Commonwealth Court Opinions

324 A.2d 808 Robert C. Goetz, Appellant, v. Borough of Zelienople, Appellee. Commonwealth Court of Pennsylvania.Argued May 9, 1974 August 6, 1974. Policemen and firemen — The Borough Code, Act 1966, February 1, P. L. (1965) 1956 — Residency requirements — Scope of appellate review — Local Agency Law, Act 1968, December 2, P. L. […]

403 A.2d 208 Cambria Savings and Loan Association, a Pennsylvania Corporation v. John V. Capozzi and Margaret A. Capozzi, his wife. County of Allegheny, Appellant. Commonwealth Court of Pennsylvania.Argued May 11, 1979 July 11, 1979. Courts — Court reporter — Cost of preparing transcript — Act of 1907, May 1, P.L. 135 — Pennsylvania Rules […]

862 A.2d 182 MALONEY v. LACKAWANNA COUNTY COMMISSIONERS. No. 633CD04.Commonwealth Court of Pennsylvania. October 6, 2004. Appeal from the Lackawanna County 2004 Civil 339. Decision Without Published Opinion. Affirmed.

398 A.2d 744 Brandy Fitterling, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 March 7, 1979. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence — Availability for work — Credibility — Unemployment Compensation Law, Act […]

459 A.2d 70 Walter Jackson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 5, 1983. Parole — Act of August 6, 1941, P.L. 861. 1. Under the Act of August 6, 1941, P.L. 861, when, at the time of imposition, a new sentence for a parole […]

472 A.2d 1180 Rolando Martinez, Petitioner v. Commonwealth of Pennsylvania, State Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania. March 8, 1984. State Horse Racing Commission — License suspension — Moot questions — Ejectment from racetrack — Act of December 11, 1967, P.L. 707 — Conduct detrimental to racing — Delay in notice — Fire […]

415 A.2d 974 Mary E. Reed, Widow of James T. Reed, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Stork Diaper Service, Inc., Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 24, 1980. Workmen’s compensation — Total disability — Specific loss benefits — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

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 […]

362 A.2d 469 In Re: Nomination Petition of Charles P. McLaughlin as Democratic Candidate for the Office of Representative in the General Assembly, 159th Legislative District. Commonwealth Court of Pennsylvania. March 9, 1976. Elections — Nomination petition — Primary — Pennsylvania Election Code, Act 1937, June 3, P.L. 1333 — Improper signatures — Witnesses — […]

415 A.2d 96 Robert G. Scanlon, Acting Secretary of Education and Edward G. Biester, Jr., Acting Attorney General, Petitioners v. Mount Union Area Board of School Directors, Respondent. Commonwealth Court of Pennsylvania.Argued March 11, 1980 April 29, 1980. Schools — Instructional days — Public School Code of 1949, Act 1949, March 10, P.L. 30 — […]

737 A.2d 830 SHIRLEY MILLER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (COMMUNITY HOSPITAL OF LANCASTER), Respondent No. 537 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: July 30, 1999 Filed: September 2, 1999 Appeal from the Workers’ Compensation Appeal Board, No. A97-3279. Susan M. Henry, for petitioner. William E. Doyle, Jr., for respondent. Before: PELLEGRINI, J., FRIEDMAN, J., […]

882 A.2d 41 FLANAGAN v. CITY OF PHILADELPHIA. No. 333CD05.Commonwealth Court of Pennsylvania. August 3, 2005. Appeal from Philadelphia County 1242 April Term 2003. Decision without published opinion Affirmed.

531 A.2d 840 Jayne Matvey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 30, 1987. Unemployment compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Voluntary termination — Cause of a necessitous and […]

387 A.2d 675 A.Z.J.Z., Inc. (a corporation) v. Township of Springfield et al., Appellants. Commonwealth Court of Pennsylvania.Argued April 7, 1978 June 20, 1978. Zoning — Notice of decision — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Findings of fact — Opinion. 1. Under the Pennsylvania Municipalities Planning Code, Act 1968, […]

602 A.2d 455 COLONIAL SCHOOL DISTRICT et al., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1991. Decided January 15, 1992. Appeal from the Commonwealth Court, 35 Misc. Docket 1991, Smith, J. Page 75 Jeffrey T. Sultanik, for petitioners. Gregory E. Dunlap, Deputy Gen. Counsel, for respondent. Before […]

564 A.2d 523 COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Plaintiff v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY and Barbara Johnson, Defendants. Commonwealth Court of Pennsylvania.Argued May 4, 1989. Decided: August 10, 1989. Publication Ordered October 3, 1989. Page 611 Jason W. Manne, Asst. Counsel, Pittsburgh, for plaintiff. John E. Quinn, Evans, Rosen, Portnoy, Quinn […]

425 A.2d 504 Blacklick Valley School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1980 February 18, 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 […]

522 A.2d 722 Teleflex, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Simmons), Respondents. Commonwealth Court of Pennsylvania. March 23, 1987. Workmen’s compensation — Reinstatement petition — Suspension of benefits — Burden of proof — Disability. 1. A reinstatement petition cannot be used to relitigate the extent of disability established by a prior decision, but such […]

596 A.2d 1241 Marjorie WRIGHT, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION and East Norriton Township, Appellees. Commonwealth Court of Pennsylvania.Argued March 4, 1991. Decided August 20, 1991. Appeal from the Common Pleas Court of Montgomery County, No. 84-07115, Lawrence A. Brown, J. Page 92 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

950 A.2d 373 In re CONDEMNATION BY the BOROUGH OF HANOVER OF LAND and Interests in Land Owned by Hanover Public School District also sometimes known as the Hanover Borough School District and School District of the Borough of Hanover in Hanover Borough, York County, Pennsylvania For Municipal Purposes Appeal of Borough of Hanover. No. […]

789 A.2d 319 People United to Save Homes, Petitioner v. Department of Environmental Protection and Eighty-four Mining Company, Respondents Eighty-Four Mining Company, Petitioner v. Department of Environmental Protection and People United to Save Homes, Respondents. No. 1855 C.D. 2000, 1938 C.D. 2000Commonwealth Court of Pennsylvania.Argued: October 9, 2001. Filed: November 21, 2001. Page 320 [EDITORS’ […]

409 A.2d 925 James P. Brennan, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. December 26, 1979. Submitted on briefs, October 4, 1979, to Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three. Appeal, No. 2331 C.D. 1978, from the Order of the Court of Common Pleas of Delaware County […]

435 A.2d 940 Franklin L. Kury, Petitioner v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1981 October 9, 1981. Public officials — State Ethics Commission — Act of October 4, 1978, P.L. 883 — Constitutionality — Attorneys — Words and phrases — Associated — State senator — Power of […]

449 A.2d 866 Cheryl Wigfield, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 2, 1982. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Health. 1. An unemployment compensation claimant who has voluntarily terminated employment has the burden of […]

336 A.2d 477 Philadelphia Fire Officers Association, Appellant, v. Pennsylvania Labor Relations Board, Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1975 April 25, 1975. Collective bargaining — Jurisdiction of the Pennsylvania Labor Relations Board — Public Employe Relations Act, Act 1970, June 23, P.L. 563 — Policemen and firemen — Act of 1968, June 24, […]

510 A.2d 832 Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Philip Longo et al., Defendants. Commonwealth Court of Pennsylvania. May 6, 1986. Summary judgment — Motor vehicles — Police power — Retroactivity — Administrative agency — Regulations — Driveway — Highways. 1. A motion for summary judgment is appropriate only when a case is […]

507 A.2d 906 Selinsgrove Area School District, Appellant v. Lamar G. Krebs and Beverly Krebs, Appellees Commonwealth Court of Pennsylvania. April 9, 1986. Taxation — Costs — Delinquency — Local Tax Collection Law, Act of May 25, 1945, P.L. 1050 — The Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257. 1. Neither […]

456 A.2d 1148 Pittston Area School District, Appellant v. Pittston Area Federation of Teachers, Local 1590, Appellee. Commonwealth Court of Pennsylvania.Argued December 16, 1982 March 8, 1983. Labor relations — Arbitration — Collective bargaining agreement — Scope of appellate review. 1. In a labor arbitration case the scope of review of the Commonwealth Court of […]

In Re: NOMINATION PAPER OF Marakay ROGERS, Christina Valente and Carl J. Romanelli as Candidates of an Independent Political Body for Governor, Lieutenant Governor and U.S. Senator in the General Election of November 7, 2006. William R. Caroselli, Fred R. Levin, Daniel J. Anders and Peter D. Winebrake, Petitioners. Commonwealth Court of Pennsylvania.Heard September 25, […]

526 A.2d 1265 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. John E. Curran, Appellee. Commonwealth Court of Pennsylvania.Argued April 24, 1987. June 17, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Scope of appellate review — Findings of fact — Sufficient evidence […]

662 A.2d 1166 Furnley H. FRISCH, Appellant v. PENN TOWNSHIP, PERRY COUNTY. PENN TOWNSHIP v. Furnley H. FRISCH, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1995. Decided August 9, 1995. Reargument Denied September 15, 1995. Appeal from Common Pleas Court of Perry County, Nos. 91-1122 and 91-6, Rehkamp, J. Kenneth A. Wise, for appellant. P. […]

853 A.2d 1087 UNITED STATES STEEL CORP. f/k/a USX Corporation, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MARTIN), Respondent. Commonwealth Court of Pennsylvania.Submitted April 30, 2004. Decided June 18, 2004. Order Filed: June 29, 2004. Reargument Denied August 12, 2004. ORDER COLINS, President Judge. NOW, August 12, 2004, having considered petitioner’s application for reargument, the application […]

870 A.2d 961 UNIVERSAL AM-CAN, LTD. and AIG Claim Services, Inc., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (MINTEER), Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 2005. Decided March 16, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A02-3192. Page 962 Michael S. Faber, Pittsburgh, for petitioner, Universal AM-Can, Ltd. Eric G. Preputnick, Asst. Counsel, […]

653 A.2d 1312 Court of Common Pleas Of Erie County, Pennsylvania (6th Judicial District), Juvenile Probation Department, Appellant v. Pennsylvania Human Relations Commission and Gary Ison (Real Party in Interest). Commonwealth Court of Pennsylvania.Argued: June 8, 1994. Decided: December 21, 1994. Appeal from No. E-62881-D. Reversed. Doyle, J., dissented and filed opinion. Pellegrini, J., dissented […]

711 A.2d 1088 DEPARTMENT OF TRANSPORTATION, Petitioner v. P. DiMARCO AND COMPANY, INC., Respondent. Commonwealth Court of Pennsylvania.Argued April 13, 1998. Decided May 13, 1998. Appeal from Board of Claims, No. 1772. Page 1089 Stephen S. Stokwitz, Assistant Counsel, Harrisburg, for petitioner. Michael W. Winfield, Harrisburg, for respondent. Before McGINLEY and FLAHERTY, JJ., and NARICK, […]

878 A.2d 133 Ronald D’ALESSANDRO, Petitioner v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued: April 4, 2005. Decided: June 24, 2005. Page 134 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 135 Spero T. Lappas, Harrisburg, for petitioner. Joanna N. Reynolds, […]

OURS v. THE TOWNSHIP OF ROCHESTER. No. 1500CD05.Commonwealth Court of Pennsylvania. March 15, 2006. Appeal from Beaver County 11769-2004. Decision without published opinion. Affirmed. Page 701

394 A.2d 1324 Polansky Bakery, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Joseph Wisniewski, Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1978 December 12, 1978. Workmen’s compensation — Remand for impartial medical testimony — Discretion of Workmen’s Compensation Appeal Board — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 […]

554 A.2d 1008 Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services, Appellee. Commonwealth Court of Pennsylvania.Argued November 1, 1988. February 23, 1989. Eminent domain — De facto taking […]

735 A.2d 172 ROSALIND WILSON, Appellant v. PHILADELPHIA HOUSING AUTHORITY. Commonwealth Court of Pennsylvania.Submitted: May 19, 1999. Filed: July 26, 1999. Appeal from NO. 3126 C.D. 1997. Richard Glassman, Philadelphia, for appellant. John R. O’Donnell, Philadelphia, for appellee. BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge, HONORABLE JOSEPH T. DOYLE, Judge, HONORABLE DORIS A. SMITH, Judge, […]

ATM CORPORATION OF AMERICA, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 4, 2005. Decided January 23, 2006. Reargument Denied March 21, 2006. Petition to Intervene Denied March 21, 2006. Page 860 Kurt A. Miller, Pittsburgh, for petitioner. Paul R. Jordan, Asst. Counsel and Gerard M. Mackarevich, Deputy […]

506 A.2d 1009 Edward Patrick Riley, Petitioner v. Workmen’s Compensation Appeal Board (Department of Transportation), Respondents. Commonwealth Court of Pennsylvania. March 26, 1986. Workmen’s compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Occupational disease […]

955 A.2d 1065 ERISCO INDUSTRIES, INC. and Inservco Insurance Services, Inc., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (LUVINE), Respondent. No. 657 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: July 25, 2008. Filed: September 3, 2008. Appeal from the petitioned for review of an order of the Workers’ Compensation Appeal Board, No. A06-2766. Page 1066 Thomas […]

589 A.2d 305 TRI-STATE SCIENTIFIC, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 19, 1990. Decided April 3, 1991. Appeal from the Unemployment Compensation Board of Review, No. B-281960. Page 677 Howard S. Stevens, Allentown, for petitioner. Marc S. Fisher, Allentown, for respondent. Before SMITH and PELLEGRINI, JJ., […]

403 A.2d 1072 Orville D. Anderson and Dorotha Anderson, Husband and Wife, Plaintiffs v. David L. Shaffer, Edgar Ramsey and F. Wayne Woods, Supervisors of East Lackawannock Township et al., Defendants. Commonwealth Court of Pennsylvania.Argued May 10, 1979 July 25, 1979. Argued May 10, 1979, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a […]

616 A.2d 201 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Richard P. DOYLE, Appellee. Commonwealth Court of Pennsylvania. Decided October 15, 1992. Appeal from the Common Pleas Court, Allegheny County, No. SA 615 of 1991, Raymond L. Scheib, J. Page 172 David R. White, Asst. Counsel-in-Charge of Appellate Section, for […]

404 A.2d 1384 Edward P. Zemprelli, State Senator, Petitioner v. Richard L. Thornburgh, Respondent. Commonwealth Court of Pennsylvania. August 21, 1979. Heard August 20, 1979, before Judge WILKINSON, JR. Original jurisdiction, No. 973 C.D. 1979, in case of Edward P. Zemprelli, State Senator v. Richard L. Thornburgh. Petition for review in the nature of mandamus […]

602 A.2d 418 WINDBER AREA AUTHORITY, Appellant, v. LASKY LANDFILL, INC. and Highland Sewer and Water Authority, Appellees. Commonwealth Court of Pennsylvania.Argued October 11, 1991. Decided January 10, 1992. Reargument Denied March 9, 1992. Appeal from the Common Pleas Court of Cambria County, No. 1990-1725, Gerald Long, J. Page 2 David J. Kaltenbaugh, for appellant. […]

McGOWEN v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC.[4] No. 1776CD05.Commonwealth Court of Pennsylvania. March 16, 2006. [4] Reargument Denied May 9, 2006. Appeal from Berks County 04-7661. Decision without published opinion. Affirmed.

538 A.2d 952 West Goshen Township, Appellant v. Donald V. Crater and Katharine R. Crater, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued April 8, 1986. March 7, 1988. Zoning — Special exception — Single and separate ownership — Intent of owner — Merger — Variance. 1. In determining whether a lot is held in single […]

840 A.2d 525 Christopher Cinquina v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. Nos. 1640 C.D. 2003, 1641 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: November 7, 2003. Filed: January 9, 2004. As corrected: February 10, 2004. Page 526 Timothy P. Wile, Asst. counsel In-Charge, Harrisburg, for appellant. Charles G. Nistico, Media, for […]

Harry RIDDLE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ALLEGHENY CITY ELECTRIC, INC.), Respondent. No. 1390 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 2007. Decided January 8, 2008. Appeal from the petitioned for review of Workers’ Compensation Appeal Board, No. A06-2132. Page 1252 Edward Jaffee Abes and Sandra W. Kokal, Pittsburgh, for petitioner. Regis […]

596 A.2d 1193 ST. JOE CONTAINER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (STAROSCHUCK), Respondent. Commonwealth Court of Pennsylvania.Argued February 14, 1991. Decided August 13, 1991. Petition for Allowance of Appeal Granted December 16, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-95041. Page 673 Karen L. Hughes, for petitioner. Robert X. Medonis, for […]

PENNSYLVANIA DEPARTMENT OF BANKING, Plaintiff v. NCAS OF DELAWARE, LLC, d/b/a Advance America Cash Advance Centers, Defendant. No. 519 M.D. 2006.Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided July 31, 2007. Page 772 Robert L. Byer, Pittsburgh, for plaintiff. Arthur Makadon, Philadelphia, for defendant. BEFORE: COLINS, Judge, and McGINLEY, Judge, and McCLOSKEY, Senior Judge. OPINION […]

414 A.2d 1109 William J. Sheppard, Insurance Commissioner of the Commonwealth of Pennsylvania, Petitioner v. Old Heritage Mutual Insurance Company, Respondent. Commonwealth Court of Pennsylvania. May 22, 1980. Insurance — Liquidation of business of insurance company — Dissolution — Corporate charter and seal — Contempt — Claim files — Stock held as collateral — The […]

544 A.2d 80 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Alex E. Harper, Jr., Appellee. Commonwealth Court of Pennsylvania. June 27, 1988. Motor vehicles — Licensing — Suspension — Breathalyzer — Refusal. 1. When the trial court in a motor vehicle operator’s license suspension case refuses to credit the testimony […]

878 A.2d 153 Janettarose L. GREENE, Trustee, Petitioner v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM, Respondent. No. 2225 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 9, 2005. Decided: June 29, 2005. Page 154 Joel S. Luber, Paoli, for petitioner. Lenann T. Engler, Asst. Counsel, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge. […]

503 A.2d 1044 American Federation of State, County and Municipal Employees, District Council 84, Local 297, AFL-CIO, Appellant v. The Board of Public Education of the School District of Pittsburgh, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1985 January 28, 1986. Labor — Arbitration — Grievance — Scope of appellate review — Rational relationship […]

Lesa NORNHOLD v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 1257 C.D. 2004.Commonwealth Court of Pennsylvania.Argued June 6, 2005. Decided August 22, 2005. Appeal from the Common Pleas Court, Snyder County, No. CV-0007-2004, Woelfel, Jr. Page 60 Terrance M. Edwards, Asst. Counsel, Harrisburg, for appellant. Lynn Erickson, Leesport, for appellee. […]

439 A.2d 1265 Bechtel Power Corp. and Argonaut Insurance Co., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Charles Miller, Respondents. Commonwealth Court of Pennsylvania.Argued November 20, 1981 December 31, 1981. Workmen’s compensation — Remand — Causal relationship — Medical testimony — Disability — Scope of appellate review — The Pennsylvania Workmen’s Compensation […]

434 A.2d 884 Fairview School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Douglas Layman, Intervenor. Fairview School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Winfred K. Decker, Intervenor. Fairview School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Dennis W. Huzinec, […]

510 A.2d 904 Trinity Evangelical Lutheran Church of Clairton, Inc., a non profit corporation and Rev. D. Douglas Roth, Wayne Cochran, Harry Dinkel, Nadine Roth, Joann Reilly, Rebecca Fosbrink and William Fosbrink, Appellants v. Bishop Kenneth R. May on Behalf of the Western Pennsylvania-West Virginia Synod of the Lutheran Church in America, Appellees. Commonwealth Court […]

487 A.2d 113 County of Allegheny, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. February 5, 1985. Unemployment compensation — Suitable work — Labor dispute. 1. For unemployment compensation purposes, suitable work means all work which an employee is capable of performing, but no Page 405 work is […]

572 A.2d 824 ZONING HEARING BOARD OF WYOMING BOROUGH and Wyoming Borough, Appellants, v. David J. MARCHESINI, Eve Marchesini, his wife, and Airport Sand and Gravel Co., Inc., Appellees. Commonwealth Court of Pennsylvania.Argued November 13, 1989. Decided March 23, 1990. Appeal from the Court of Common Pleas, Luzerne County, No. 4018-C of 1988, Patrick J. […]

486 A.2d 573 Richard J. Toner, Petitioner v. Honorable Clement J. McGovern, Jr., Judge of the Court of Common Pleas of Delaware County, Media, Pa. et al., Respondents. Commonwealth Court of Pennsylvania. January 21, 1985. Original jurisdiction — Civil Rights Act, 42 U.S.C. § 1983. 1. Suits brought under the Civil Rights Act, 42 U.S.C. […]

363 A.2d 1337 Marian J. Reinert, Administratrix of the Estate of Audrey S. Reinert, Deceased, and Robert L. Mitch, Administrator of the Estate of Vicki L. Mitch, Deceased, Plaintiffs v. Pennsylvania Department of Transportation, Defendant. Commonwealth Court of Pennsylvania. September 29, 1976. Sovereign immunity — Constitution of Pennsylvania, Article I, Section 11. 1. The Commonwealth […]

572 A.2d 54 Charles ANDERSON, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. BOOKMART VIDEO, INC., Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1990. Decided March 22, 1990. Appeal from the Court of Common Pleas, Allegheny County, Nos. S.A. 309 and 392 of 1987, S. Louis Farino, J. Page 141 Carl Max […]

730 A.2d 1065 COUNTY OF ALLEGHENY DEPUTY SHERIFF’S ASSOCIATION, Deputy Sheriff Louis J. Leon, Deputy Sheriff Edward L. Warner, and Deputy Sheriff James R. Heasley, Appellants v. COUNTY OF ALLEGHENY, Commissioner Larry Dunn, Commissioner Bob Cramner, and Commissioner Mike Dawida, County of Allegheny Office Of Budget and Finance, Carmen Torockio, Director of Office of Budget […]

291 A.2d 567 Robert Morris College v. Board of Property Assessment, Appeals and Review, and Moon Area School District, Intervenor. Commonwealth Court of Pennsylvania.Argued February 24, 1972 June 9, 1972. Taxation — Constitution of Pennsylvania, Article VIII, Section 2 — The General County Assessment Law, Act 1933, May 22, P. L. 853 — Property tax […]

434 A.2d 224 Susanne M. Nieddu, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 1, 1981 August 27, 1981. Unemployment compensation — Refusal of suitable employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Misleading claimant. 1. An unemployed person who refuses […]

669 A.2d 476 Robert P. BENJAMIN, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs October 18, 1995. Decided December 26, 1995. Appeal from the Court of Common Pleas of Bradford County, No. 92 DL-000164, Smith, J. Rinaldo A. DePaola, for appellant. Frank M. O’Neill and […]

366 A.2d 605 John B. Mayer v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. John B. Mayer, Appellant. Commonwealth Court of Pennsylvania.Argued September 8, 1976 November 30, 1976. Unemployment compensation — Petition for reconsideration — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 — Timeliness of appeal — […]

671 A.2d 258 Gerald KNAPP, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GTE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 6, 1995. Decided January 25, 1996. Appealed from the Workmen’s Compensation Appeal Board, No. A94-2419. Page 259 Raymond E. Ginn, Jr., for Petitioner. Robert A. Gallagher, for Respondent. Before DOYLE and FRIEDMAN, JJ., and SILVESTRI, […]

722 A.2d 1165 JOHN R. LEE and WALLACE J. SZOTT, Appellants v. MUNICIPALITY OF BETHEL PARK and the BETHEL PARK POLICE RETIREMENT PENSION PLAN COMMITTEE. Commonwealth Court of Pennsylvania.Argued November 16, 1998. Filed January 13, 1999. Page 1166 Appeal from No. 1466 C.D. 1998. James N. Perich, Pittsburgh, for appellants. Robert L. McTeirman, Pittsburgh, for […]

536 A.2d 483 West Shore School District, Appellant v. West Shore Education Association, Appellee. Commonwealth Court of Pennsylvania.Argued November 19, 1987. January 26, 1988. Labor relations — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Arbitration — Scope of appellate review — Collective bargaining agreement. 1. In a labor relations case […]

802 A.2d 1233 William Colpetzer, Petitioner v. Workers’ Compensation Appeal Board (Standard Steel), Respondent. No. 166 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 24, 2002. Filed: July 17, 2002. Appeal from the Workers’ Compensation Appeal Board, No. A00-0352. Page 1234 Daniel K. Bricmone, Pittsburgh, for petitioner Dennis R. Sheaffer, Harrisburg, for respondent. Before: Honorable James Gardner […]

539 A.2d 902 Wilkes-Barre Area Vocational School and Wilkes-Barre Area Vocational Technical School Joint Operating Committee, Appellants v. Greater Nanticoke Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued December 17, 1987. March 30, 1988. Schools — Budget of vocational technical school — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — […]

487 A.2d 477 William R. Evans, Petitioner v. Workmen’s Compensation Appeal Board (Anchor Hocking Corporation), Respondents. Commonwealth Court of Pennsylvania.Argued November 15, 1984 February 8, 1985. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Unequivocal medical evidence — Psychiatric […]

672 A.2d 414 PENNSYLVANIA DENTAL HYGIENISTS’ ASSOCIATION, INC., Robin S. Holmes, RDH, Esq., Anne Schlegel Follweiler, RHD, MA, Susanne Kozich Giorgio, RDH, Darla Brown Logue, RHD, MPA, Robert L. Miller, RDH, BS, Marilyn Jane Roth Smith, RDH, Lisa Jade Rowley, RDH, MS, Janet Patrick Weber, RDH, MED, Susan Lea Wienand, RDH, BS, Ivy Ladonna Frisby […]

JONES v. WALTERS. No. 1961CD04.Commonwealth Court of Pennsylvania. July 26, 2005. Appeal from Huntingdon County 04-958. Decision without published opinion. Vacated in Part and Remanded.

557 A.2d 828 In Re: Appeal of The Bethlen Home of The Hungarian Reformed Federation of America From The Westmoreland County Board of Assessment and Revision of Taxes: 1986 Assessment of Tax Map Parcel Numbers 51-16-07-0-005-60-001, etc. The Westmoreland County Board of Assessment Appeals, Appellant. Commonwealth Court of Pennsylvania. April 21, 1989. Taxation — Purely […]

394 A.2d 1091 Jones Laughlin Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Steve A. Zuro and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued September 28, 1978 December 7, 1978. Workmen’s compensation — Date of disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Burden of […]

Paul A. LEONE, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 10, 2005. Decided August 11, 2005. Ordered Published October 28, 2005. Appeal from the Compensation Board of Review, No. B436431. Page 77 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

808 A.2d 274 Thomas Rissi, Petitioner v. Workers’ Compensation Appeal Board (Tony DePaul Son), Respondent. Tony DePaul Son and PMA Insurance Company, Petitioners v. Workers’ Compensation Appeal Board (Rissi), Respondent. No. 241 C.D. 2001, No. 299 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: July 27, 2001. Filed: September 20, 2002. Page 275 Partiria A. Mattern, Philadelphia, for […]

664 A.2d 652 John T. ROBINSON v. The COUNTY OF SNYDER; Robert H. Reigle, Guy E. Mitterling and Gregory L. Shambach, Commissioners of Snyder County; and Paula S. Snook, Treasurer of Snyder County, Appellants. Commonwealth Court of Pennsylvania.Argued April 5, 1995. Decided August 22, 1995. Appeal from the Common Pleas Court, Snyder County, No. 287-1993, […]

842 A.2d 1018 Norman P. Zarwin and Marlene Zarwin, Appellants v. Montgomery County. No. 682 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: November 4, 2003. Filed: February 19, 2004. Page 1019 Phyllis M. Parker, Philadelphia, for appellants. Richard a. Sprague, Philadelphia, for appellee. BEFORE: COHN, Judge; LEAVITT, Judge; JIULIANTE, Senior Judge. OPINION BY JUDGE LEAVITT. Norman P. […]

694 A.2d 1163 RINGGOLD SCHOOL DISTRICT, a political sub-division of the Commonwealth of Pennsylvania, Appellant v. RINGGOLD EDUCATION ASSOCIATION, an unincorporated Association. Commonwealth Court of Pennsylvania.Argued March 10, 1997. Decided May 22, 1997. Appeal from the Court of Common Pleas of Washington County, No. G.D. 94-5383. Michael E. Flaherty, Pittsburgh, for appellant. Ronald N. Watzman, […]

693 A.2d 619 Carol M. CAPTLINE and Equibank, N.A. as Co-Executors of the Estate of Mike Mazzaro, Appellants, v. COUNTY OF ALLEGHENY. Commonwealth Court of Pennsylvania.Argued November 18, 1996. Decided January 21, 1997. Publication Ordered April 28, 1997. Appeal from the Common Pleas Court, Allegheny County, No. GD 80-18555, Wettick, J. Page 620 Louis J. […]

936 A.2d 1252 Old Blue Star, Inc. v. PA Liquor Control Board. No. 1042CD07.Commonwealth Court of Pennsylvania. December 5, 2007. Appeal from the Lancaster County CP-36-MD1015-2006. Decisions Without Published Opinions Affirmed.

279 A.2d 383 Standard Lime Refractories Company v. Department of Environmental Resources. Commonwealth Court of Pennsylvania.Argued May 7, 1971 July 8, 1971. Environmental law — Environment Resources Act, Act 1970, December 3, P. L. ___, No. 275 — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Appeals — Time for appeal — […]

563 A.2d 1291 Earl J. RAYNES and Ruth B. Raynes, his wife v. Lucille M. O’BRIEN and Tax Claim Bureau of Dauphin County. Appeal of Lucille M. O’BRIEN, Appellant. Commonwealth Court of Pennsylvania.Argued June 9, 1989. Decided: September 8, 1989. Appeal from the Common Pleas Court, Dauphin County, Herbert A. Schaffner, J. Page 514 John […]