Category: Pennsylvania Commonwealth Court Opinions

524 A.2d 1053 Jerome Lawson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. April 24, 1987. Pennsylvania Board of Probation and Parole — Mootness — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Violation of constitutional rights — Act […]

833 A.2d 1181 William T. Frazier, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2725 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: September 10, 2003. Filed: October 15, 2003. Page 1182 Timothy G. Wojton, Pittsburgh, for Petitioner. Teresa H. DeLeo, Harrisburgh, for Respondent. BEFORE: COLINS, President Judge; SMITH-RIBNER, Judge; PELLEGRINI, Judge; FRIEDMAN, Judge; LEADBETTER, Judge; COHN, […]

727 A.2d 165 USX CORPORATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (RICH), Respondent. Commonwealth Court of Pennsylvania.Argued: February 8, 1999. Decided: March 16, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-1735. Marie Jurbala Shiring, Pittsburgh, for petitioner. Martin Singer, Pittsburgh, for respondent. Before: PELLEGRINI, J., KELLEY, J., and JIULIANTE, Senior Judge. PELLEGRINI, Judge. […]

669 A.2d 481 HUGHESVILLE-WOLF TOWNSHIP JOINT MUNICIPAL AUTHORITY, Appellant, v. Kenneth F. FRY, John R. Fry, Helen Fry, R. William Keller. HUGHESVILLE-WOLF TOWNSHIP JOINT MUNICIPAL AUTHORITY v. Kenneth F. FRY, John R. Fry, Helen Fry, R. William Keller. Appeal of Kenneth F. FRY, Appellant. Commonwealth Court of Pennsylvania.Argued September 15, 1995. Decided December 28, 1995. […]

485 A.2d 538 Consolidation Coal Company, Petitioner v. Workmen’s Compensation Appeal Board (Cushey), Respondents. Commonwealth Court of Pennsylvania. December 27, 1984. Workmen’s compensation — Scope of appellate review — Substantial evidence — Evidentiary weight — Conflicting evidence — Medical evidence — Sufficiency of findings. 1. When the party with the burden of proof in a […]

577 A.2d 240 Patrick O. McDONALD and Melinda McDonald, his wife, Appellants, v. ZONING BOARD OF ADJUSTMENT and the City of Philadelphia, and Lisa B. Wallenstein and Francine L. Marcus, Appellees. Commonwealth Court of Pennsylvania.Argued May 3, 1990. Decided July 11, 1990. Appeal from the Court of Common Pleas, No. 119 December Term, 1988, Philadelphia […]

862 A.2d 127 Stanley E. Wheeler, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 248 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted October 8, 2004. Filed: November 17, 2004. Petitioned for review of a letter written by the District Director of the Williamsport District Office of the Pennsylvania Board of Probation and Parole No. 8024-S. […]

6 A.3d 624 ABINGTON SCHOOL DISTRICT, Petitioner v. B.G., a Minor, by and through His Parents and Natural Guardians, M.G. and J.P., Respondents. B.G., by his parents and natural guardians, J.P. and M.G., Petitioners v. Abington School District, Respondent. Nos. 154 C.D. 2010, 215 C.D. 2010.Commonwealth Court of Pennsylvania.Argued September 14, 2010. Decided October 8, […]

525 A.2d 840 Mary Ellen Still, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 12, 1987. Unemployment compensation — Willful misconduct — Burden of proof — Good cause — Health problems — Credibility. 1. In an unemployment compensation case involving a claim of willful misconduct, the employee […]

882 A.2d 42 NEWTOWN TOWNSHIP v. MARTINI. No. 226CD05.Commonwealth Court of Pennsylvania. August 23, 2005. Appeal from Delaware County 00-05904. Decision without published opinion Affirmed.

512 A.2d 1332 Rockwell International Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Rockwell International Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued March 12, 1986 July 23, 1986. Taxation — Corporation — Ownership — Mortgage — Franchise tax — Corporate net income tax. 1. The treatment accorded taxable property by the federal […]

445 A.2d 843 Bethlehem Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Evelyn P. Tompkins, Respondents. Commonwealth Court of Pennsylvania.Argued: February 4, 1982 May 25, 1982. Workmen’s compensation — Evidence — Hospital records — Causation — Unequivocal medical testimony. 1. Hospital records properly authenticated and introduced can constitute substantial evidence in […]

463 A.2d 1272 Mildred A. Lauer, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Crime Victim’s Compensation Board, Respondent. Commonwealth Court of Pennsylvania. August 15, 1983. Pennsylvania Crime Victim’s Compensation Board — Findings of fact — Investigation — Remand. 1. The Pennsylvania Crime Victim’s Compensation Board is charged with making an investigation into claims filed by crime […]

460 A.2d 911 Robert Hawthorne, Inc. and Continential Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Robert O. Stone), Respondents. Commonwealth Court of Pennsylvania.Argued May 11, 1983 June 8, 1983. Workmen’s compensation — Motion pictures — Credibility. 1. Although motion pictures, when properly identified and authenticated, are admissible as evidence in a workmen’s compensation case […]

446 A.2d 733 Wilbur P. Tyson, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, City of Chester and Pennsylvania Manufacturer’s Association Insurance, Respondents. Commonwealth Court of Pennsylvania.Argued March 1, 1982 June 18, 1982. Workmen’s compensation — Act of June 28, 1935, P.L. 477 — Subrogation — Credit for payments of salary — The Pennsylvania […]

537 A.2d 971 Todd Andersen, Petitioner v. Workmen’s Compensation Appeal Board (National Forge Company), Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1987. February 22, 1988. Workers’ compensation — The Pennsylvania Workmens Compensation Act, Act of June 2, 1915, P.L. 736 — Res judicata — Collateral estoppel — Suspension of benefits. 1. As long as the […]

453 A.2d 1076 Ted P. Breen, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 3, 1983. Unemployment compensation — Availability for work — Full-time student — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Presumptive eligibility. 1. In the absence of an express […]

944 A.2d 845 Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Perry. No. 589CD07.Commonwealth Court of Pennsylvania. March 13, 2008. Appeal from the Philadelphia County 1552 Sept. Term 2006. Decision Without Published Opinion Reversed.

400 A.2d 916 John W. Blefko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1979 April 27, 1979. Unemployment compensation — Habitual tardiness — Absences — Warnings — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Wilful misconduct. 1. An employe on probation […]

CHURCH OF GOD HOME, INC., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. No. 1420 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs January 16, 2009. Decided March 23, 2009. Publication Ordered June 10, 2009. Allison M. O’Horo, Harrisburg, for petitioner. Diane Ryan Katz, Asst. Counsel, Pittsburgh and Allen Warshaw, Chief Counsel, Harrisburg, for respondent. BEFORE: […]

417 A.2d 1311 Penn Photomounts, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1980 August 11, 1980. Unemployment compensation — Proper reporting of absences — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Burden of proof — Scope of […]

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 […]

CINRAM MANUFACTURING, INC. and PMA Group, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (HILL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 11, 2007. Decided September 7, 2007. Page 347 Sheilah A. Tone, Scranton, for petitioners. Edward F. V. Pietrowski, Scranton, for respondent. BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and LEAVITT, Judge. OPINION BY Judge SMITHRIBNER. […]

453 A.2d 367 Pittsburgh Outdoor Advertising, Inc., Appellant v. Zoning Hearing Board of the Municipality of Monroeville, Appellee. Commonwealth Court of Pennsylvania.Argued May 4, 1982 December 16, 1982. Zoning — Scope of appellate review — Hearing. 1. In a zoning case in which the trial court takes no evidence, the scope of review of the […]

The Episcopal Diocese of Pittsburgh v. Calvary Episcopal Church, Pittsburgh, PA. No. 293CD10.Commonwealth Court of Pennsylvania. February 2, 2011. Appeal from the Allegheny County GD-03-020941 Dkt. Nos. 85, 129, 148, 150, 151 and 152. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

509 A.2d 956 Universal Cyclops Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Cherry), Respondents. Commonwealth Court of Pennsylvania.Argued March 13, 1986 May 21, 1986. Workmen’s compensation — Loss of hearing — Notice of injury — Limitation of actions — Substantial evidence. 1. Findings of a workmen’s compensation referee that a claimant suffered a loss of […]

377 A.2d 851 Fredrick A. Hunter, Petitioner v. John J. Burke, Superintendent of the Pennsylvania Board of Probation and Parole, and James F. Howard, Superintendent of State Correctional Institution at Pittsburgh, Respondents. Commonwealth Court of Pennsylvania. September 13, 1977. Pennsylvania Board of Probation and Parole — Convicted parole violator — Revocation hearing — Due process. […]

648 A.2d 1255 Edmund OLSZEWSKI, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ROYAL CHEVROLET AND AMERICAN FIRE AND CASUALTY), Respondents. Commonwealth Court of Pennsylvania.Submitted April 29, 1994. Decided September 20, 1994. Reargument Denied November 22, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2488. Page 522 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

600 A.2d 266 Leroy KNIGHTON, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 11, 1991. Decided November 26, 1991. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 85388, Raymond L. Scheib. Page 589 John R. Banke, for appellant. Catherine A. Conley, for appellee/intervenor, Borough of Plum. Before CRAIG, President […]

560 A.2d 885 RICHLAND SCHOOL DISTRICT et al., Appellants, v. CENTRAL TRANSPORTATION, INC., a Pennsylvania Corporation, Appellee. Commonwealth Court of Pennsylvania.Argued February 10, 1989. Decided June 19, 1989. Reargument Denied August 29, 1989. Appeal from the Court of Common Pleas, Cambria County, Caram J. Abood, J. Page 659 Daniel W. Rullo, Barbera and Barbera, Somerset, […]

457 A.2d 1039 John Matty, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 7, 1983. Unemployment compensation — Voluntary retirement — Request for only occasional work. 1. An employe who voluntarily retires and is available only for occasional work is not unemployed through no fault of his […]

562 A.2d 402 In re INCORPORATION OF BOROUGH OF NEW MORGAN (Three Cases). Appeal of Kathleen HOOD, et al. and Harry J. Smith, et al., Appeal of ROBESON TOWNSHIP, BERKS COUNTY, Pennsylvania. Appeal of CAERNARVON TOWNSHIP, BERKS COUNTY, Pennsylvania. Commonwealth Court of Pennsylvania.Argued March 7, 1989. Decided July 17, 1989. Appeal from the Court of […]

428 A.2d 1019 Melvin Ragland, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1981 April 29, 1981. Unemployment compensation — Willful misconduct — Sleeping — Burden of proof. 1. In an unemployment compensation case, sleeping on the job is prima facie an act of willful misconduct. […]

573 A.2d 668 The PENNSYLVANIA DAIRY HERD IMPROVEMENT ASSOCIATION, Appellant, v. Bernard WAGNER, Appellee. Bernard WAGNER, Appellant, v. The PENNSYLVANIA DAIRY HERD IMPROVEMENT ASSOCIATION, Appellee. Commonwealth Court of Pennsylvania.Argued November 13, 1989. Decided April 20, 1990. Appeal from the Court of Common Pleas, Centre County, David E. Grine, J. Page 557 Lee G. Nollen, with […]

405 A.2d 1317 City of Philadelphia v. John Doe. The Home Owners Association of Philadelphia (HAPCO) on Behalf of John Doe, Appellant. Commonwealth Court of Pennsylvania.Argued April 4, 1979 August 24, 1979. Public records — Delinquent real estate taxpayers — Act of 1957, June 21, P.L. 390 — Declaratory judgment — Philadelphia Home Rule Charter […]

345 A.2d 319 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Francis P. Lohman, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 1975 September 30, 1975. Unemployment compensation — Wilful misconduct — Refusal to perform assigned duties — Refusal of police officer to take firing range test. 1. An employe who fails or […]

Larralde v. Zoning Hearing Board of the Borough of Kingston. No. 967CD06.Commonwealth Court of Pennsylvania. December 27, 2006. Appeal from the Luzerne County 9198 of 2005. Decisions Without Published Opinions Reversed.

563 A.2d 207 In re Grievance Arbitration of Garnet Valley Service Personnel Association and Robert Redden. GARNET VALLEY SERVICE PERSONNEL ASSOCIATION and Robert Redden, Appellants, v. GARNET VALLEY SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued March 10, 1989. Decided: July 26, 1989. Reargument Denied September 22, 1989. Appeal from the Common Pleas Court, Delaware County, […]

338 A.2d 761 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and John J. Pleban v. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued May 8, 1975 June 5, 1975. Workmen’s compensation — Occupational disease — Anthraco-silicosis — Causation — Medical testimony. Page 494 1. An award of disability benefits is sufficiently supported by […]

393 A.2d 1062 Spencer R. Dobson, Jr., Petitioner v. Edward Forman, Warden, Philadelphia County Prison, Holmesburg and the Pennsylvania Board of Probation and Parole, Respondents. Commonwealth Court of Pennsylvania. November 14, 1978. Pennsylvania Board of Probation and Parole — Preliminary revocation hearing — Due process — Regulations — Timeliness of hearing — Jurisdiction of Board. […]

488 A.2d 655 Constance B. Ruby, t/a Walnut Bottom Tavern v. Carlisle Zoning Hearing Board et al. William L. Shelley et al., Appellants. William L. Shelley et al. v Zoning Hearing Board of Borough of Carlisle et al. Constance B. Ruby, t/a Walnut Bottom Tavern, Appellant. Commonwealth Court of Pennsylvania.Argued January 28, 1985 March 4, […]

591 A.2d 347 Richard COOVER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BROWNING-FERRIS INDUSTRIES OF DELAWARE VALLEY), Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1991. Decided May 13, 1991. Appeal from the Workmens’ Compensation Appeal Board, No. A89-1879. Page 17 David M. Jakobi, Paoli, for petitioner. Christopher H. Wright, Bala Cynwyd, for respondent. Before COLINS and […]

LANCASTER NURSING CENTER (Audubon Villa), Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 543 C.D. 2006.Commonwealth Court of Pennsylvania.Argued September 12, 2006. Decided November 28, 2006. Publication Ordered February 26, 2007. Donald R. Reavey, Harrisburg, for petitioner. Page 708 Kathleen A. Grogan, Sr. Asst. Counsel, Harrisburg, for respondent. BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and […]

634 A.2d 276 AUSTIN AREA EDUCATION ASSOCIATION, PSEA/NEA, Appellant, v. AUSTIN AREA SCHOOL DISTRICT. Commonwealth Court of Pennsylvania.Argued December 15, 1992. Decided November 15, 1993. Appeal from the Court of Common Pleas, Potter County, No. 386 of 1991, Leete, President Judge. Page 641 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

505 A.2d 339 State Correctional Institution at Graterford, Pennsylvania, Department of Corrections, Office of General Counsel, Petitioner v. Larry N. Jordan, Respondent. Commonwealth Court of Pennsylvania. March 7, 1986. Civil service — Suspension — Scope of appellate review — Burden of proof — Credibility. 1. The scope of review of the Commonwealth Court of Pennsylvania […]

410 A.2d 974 Kama Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Thomas J. Smith, Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1979 February 8, 1980. Unemployment compensation — Necessitous and compelling cause for termination of employment — Threats — Vandalization — Referee — Refusal to reveal names. 1. In an […]

959 A.2d 530 Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Grad. No. 199CD08.Commonwealth Court of Pennsylvania. September 18, 2008. Appeal from the Lackawanna County Reversed 06-CV-1664. Decisions Without Published Opinions Reversed.

439 A.2d 885 Ezy Parks, Inc. et al., Petitioners v. Thomas D. Larson et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 20, 1981 January 19, 1982. Equity — Bidding for leases of condemned property — Standing — Jurisdiction of the Board of Claims — Damage remedy. 1. Tenants on condemned property have standing to challenge […]

465 A.2d 720 Paul H. Rike, Petitioner v. Commonwealth of Pennsylvania, Secretary of Education, Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1983 September 20, 1983. Schools — Professional employee — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Suspension — Appeals. 1. The Public School Code of 1949, Act of […]

756 A.2d 112 JOHN FOUST, individually and on behalf of others similarly situated, JOHN and MARILYN FOUST, as parents and of NATALIE KAY FOUST, a minor, and MARILYN FOUST, as parent and natural guardian of SAMUEL LEE HORNE, a minor and CHRISTOPHER LEIGH WILLIAMS, a minor; CHARLES H. LITTLE, JR., individually and on behalf of […]

316 A.2d 143 Wayne Township, Appellant, v. City of Corry, Appellee. Commonwealth Court of Pennsylvania.Argued November 9, 1973 March 8, 1974. Annexation — Scope of appellate review — Jurisdiction — Regularity of proceedings — Findings of fact — Sufficient evidence — Error of law — Public interest — Abuse of discretion — Act of 1953, […]

608 A.2d 619 THREE RIVERS REALTY AND DEVELOPMENT CORPORATION, Appellant v. BOROUGH OF WEST VIEW, Appellee. Commonwealth Court of Pennsylvania.Argued: February 4, 1992. Decided: April 28, 1992. Appeal from the Court of Common Pleas, Allegheny County, No. SA 127 of 1989, Raymond Scheib, J. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

804 A.2d 1267 Pennsylvania Medical Society Liability Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Medical Professional Liability Catastrophe Loss Fund, Respondent. No. 454 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 12, 2002. Filed: August 19, 2002. Page 1268 Kenneth A. Murphy, Philadelphia, for petitioner. Zella Smith Anderson, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President […]

528 A.2d 1024 Ruth Harbaugh et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 22, 1987. July 16, 1987. Labor — Unfair labor practice — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Scope of appellate review — Violation of constitutional rights — […]

869 A.2d 575 Nancy H. Thompson, Petitioner v. State Civil Service Commission (Beaver County Area Agency on Aging and Tina M. Fischer), Respondents. No. 753 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: February 3, 2005. Filed: March 7, 2005. Page 576 M. Scot Curran, Washington, forpetitioner. Carl H. Hellerstedt, Jr., Pittsburgh, for respondents. BEFORE: McGINLEY, Judge; FRIEDMAN, […]

354 A.2d 43 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Raymond David Medalis, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 March 12, 1976. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Driving while under the influence of intoxicating […]

404 A.2d 455 James D. Ceresa, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 10, 1979 August 8, 1979. Unemployment compensation — Conflicting evidence — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absence policy. 1. In an unemployment compensation case […]

566 A.2d 370 BOARD OF SUPERVISORS OF WEST MARLBOROUGH TOWNSHIP, Appellant, v. Frederick C. FIECHTER and Eleuthera C. Fiechter, his wife and M. Roy Jackson and Gretchen Jackson, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued September 12, 1989. Decided November 20, 1989. Appeal from the Court of Common Pleas, Chester County, No. 88-7718, Charles B. […]

828 A.2d 480 L.S., Petitioner v. Department of Public Welfare, Respondent No. 1919 C.D. 2002Commonwealth Court of Pennsylvania.Argued: June 5, 2003 Filed: July 15, 2003 Page 481 Charles Memolo, Clarks Summit, for petitioner. Mary C. Walsh, Philadelphia, for respondent. BEFORE: FRIEDMAN, Judge; SIMPSON, Judge; McCLOSKEY, Senior Judge. OPINION BY Judge FRIEDMAN. L.S. (Petitioner) petitions for […]

449 A.2d 856 Randall S. Fike and Suzanne R. Fike, Appellants v. Robert Brynildsen and Nancy Brynildsen, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued March 5, 1982 September 1, 1982. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Dimensional variance — Self-inflicted hardship — Record — Remand. 1. […]

815 A.2d 30 In Re: Estate of Ray Bloom Ross, Deceased, Appellant. No. 2652 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: September 10, 2002. Filed: December 20, 2002. Order Filed: February 12, 2003. ORDER NOW, February 12, 2003, having considered the Department of Revenue’s application for reargument, the application is denied. Appeal from the Court of Common […]

314 A.2d 579 Albert Levin, Appellant, v. The Zoning Hearing Board of the Township of Radnor, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 January 17, 1974. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Constitutional questions — Pennsylvania Municipalities Planning Code, Act of 1968, July 31, P.L. […]

406 A.2d 1209 Joseph Delph and Violet Delph, Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission and Metropolitan Edison Company, Respondents. Commonwealth Court of Pennsylvania. October 22, 1979. Pennsylvania Public Utility Commission — Rates — Public Utility Law, Act 1937, May 28, P.L. 1053 — Contract for unapproved rates. 1. A public utility, subject […]

445 A.2d 1372 Johnny Miller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 4, 1982 June 7, 1982. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Hearsay — Refusal […]

703 A.2d 719 KASSAB ARCHBOLD O’BRIEN, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 3, 1997. Decided November 10, 1997. Reconsideration Denied January 14, 1998. Appeal from the Unemployment Compensation Board of Review, No. B-359189. Roy T.J. Sgena, Media, for petitioner. Liza Jo Fanelli, Asst. Counsel, Clifford F. […]

548 A.2d 649 Bernard Wagner, Appellant v. The Pennsylvania Dairy Herd Improvement Association et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 25, 1988. September 2, 1988. Venue — Property right — Pennsylvania Rules of Civil Procedure 1503 and 2179 — Bylaws. 1. In the determination of proper venue Pennsylvania Rule of Civil Procedure 1503(a) is […]

516 A.2d 854 Catalytic, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Gwin), Respondents. Commonwealth Court of Pennsylvania. October 27, 1986. Workmen’s compensation — Dismissal with prejudice — Dismissal without prejudice — Reinstatement. 1. When a workmen’s compensation case is dismissed for failure to prosecute without a decision on the merits, it is appropriate that the […]

408 A.2d 1209 Aaron Rosenbaum, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Home Indemnity Company and Altman Brothers, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued October 3, 1979 December 28, 1979. Workmen’s compensation — Petition to review agreement — Petition to reinstate award of total disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

845 A.2d 268Commonwealth Court of Pennsylvania. March 2004. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Rallis v. Board of 1845CD03 03/04/2004 Centre County Affirmed Supervisors of 2002-1885 Potter Township Marino v. Zoning 2209CD03 03/05/2004 Allegheny County Affirmed Hearing Board of SA 02-001263 Township of Harrison Comm. of PA, Dept. […]

422 A.2d 711 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 02302 etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1980 November 7, 1980. Eminent domain — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Condemnee — Tenant — […]

702 A.2d 609 Linda S. KAISER, Insurance Commissioner of the Commonwealth of Pennsylvania as Statutory Liquidator of National American Life Insurance Company of Pennsylvania (In Liquidation), Plaintiff, v. WESTERN STATES ADMINISTRATORS, Defendant. Commonwealth Court of Pennsylvania.Argued September 9, 1997. Decided November 18, 1997. Page 610 Deborah F. Cohen, Philadelphia, for plaintiff. Andrew H. Foulkrod, Harrisburg, […]

854 A.2d 689 Julieanna M. Baldauf, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2843 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: May 14, 2004. Filed: July 26, 2004. Page 690 Kim A. Bodnar, Pittsburgh, for petitioner. Heather E. Conlon, Harrisburg, for respondent. BEFORE: COLINS, President Judge; SMITH-RIBNER, Judge; McCLOSKEY, Senior Judge. OPINION BY President Judge […]

Board of Supervisors of Newtown Township, Bucks County, PA v. Wiltshire Walk Homeowner’s Association. No. 1726 C.D. 09.Commonwealth Court of Pennsylvania. May 5, 2010. Appeal from the Bucks County 0904857. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Vacated in Part, Affirmed and Remanded.

537 A.2d 894 Daniel Santarelli, Petitioner v. Workmen’s Compensation Appeal Board (Patrick Dougherty Construction), Respondents. Patrick Dougherty Construction, Petitioner v. Workmen’s Compensation Appeal Board (Santarelli), Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1987. February 5, 1988. Workers’ compensation — Burden of proof — Suspension — Supersedeas fund. 1. When an employer seeks a suspension of […]

372 A.2d 1244 Harmar Coal Company and Old Republic Companies, Petitioners v. Workmen’s Compensation Appeal Board and James C. Dunmyre, Respondents. Commonwealth Court of Pennsylvania.Argued March 11, 1977 May 3, 1977. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

609 A.2d 862 William FIORE, t/a Fiore Trucking and Contracting, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1992. Decided May 12, 1992. Reargument Denied June 10, 1992. Appeal from the Board of Finance and Revenue, RST-3470 and RST-8153. Page 63 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

646 A.2d 756 PRECISION EQUITIES, INC., Appellant, v. FRANKLIN PARK BOROUGH ZONING HEARING BOARD and the Borough of Franklin Park. Commonwealth Court of Pennsylvania.Argued June 8, 1994. Decided August 16, 1994. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 3997-92, McLean, J. Page 608 David F. Toal, for appellant. Ira Weiss, for […]

860 A.2d 1160 Township of O’Hara v. Condemnation of an Easement and Right of Way for Public Purposes for Use in a Sewer District of a Certain Section of O’Hara Township Designated as “Crawford Lane and Mission Lane Area” in Allegheny County, Pennsylvania, Over Lands of C. Kent and Valerie L. May, Located at Block […]

630 A.2d 59 YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. William ANDERSON and Kim Anderson, a/k/a Kim DeAngelis. YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. Ruben A. TORRES and Foon Chung. YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. Harry L. GEIGER, Sheriff of Pike County. Appeal of YORK FEDERAL SAVINGS and LOAN ASSOCIATION, Appellant. Commonwealth […]

718 A.2d 397 RUTH FAMILY MEDICAL CENTER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (STEINHOUSE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 10, 1998. Decided September 24, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A96-0758. Page 398 Marshall A. Haislup, III, Philadelphia, for petitioner. Thomas Bruno, Philadelphia, for respondent. Before FRIEDMAN and KELLEY, […]

654 A.2d 72 COUNTRY PLACE WASTE TREATMENT COMPANY, INC. Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued: December 6, 1994. Decided, January 5, 1995. Appeal from No. C-892647. Commission order vacated, complaint dismissed. Terrance J. Fitzpatrick, for petitioner. Stanley E. Brown, Asst. Counsel, for respondent. Before DOYLE and KELLEY, JJ., and SILVESTRI, […]

592 A.2d 1380 Charles BURTON, Appellant, v. Randolph TERRY, Michelle Pritchette and City of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1991. Decided June 5, 1991. Appeal from the Court of Common Pleas, Philadelphia County, No. 2014 February Term 1984, Leon Katz, J. Page 337 Richard P. Haaz, Philadelphia, for appellant. Alan C. Ostrow, […]

348 A.2d 161 Rosemary Hollinger and E. Elizabeth Miller, Plaintiffs, v. The Department of Public Welfare of the Commonwealth of Pennsylvania, Helene Wohlgemuth, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, The Office of Administration of the Commonwealth of Pennsylvania, Frank Beal, Secretary of the Office of Administration of the Commonwealth […]

568 A.2d 730 COMMONWEALTH of Pennsylvania, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1989. Decided January 2, 1990. Appeal from the Pennsylvania Labor Relations Board. Page 427 Patricia J. Goldband, Asst. Counsel, Harrisburg, for petitioner. Peter Lassi, with him, James L. Crawford and Lisa A. Essman, […]

512 A.2d 812 Sara M. Kowal, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 16, 1986 July 25, 1986. Unemployment compensation — Willful misconduct — Burden of proof — Scope of appellate review. 1. Determination of whether an employees conduct constitutes willful misconduct for unemployment compensation purposes […]

346 A.2d 916 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Thelma A. Sampson v. Brockway Glass Company, Inc. #7, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 1975 October 28, 1975. Workmen’s compensation — Petition to modify agreement — Burden of proof — Specific loss — The Pennsylvania Workmen’s Compensation Act, Act 1915, […]

333 A.2d 497 Pennsylvania Liquor Control Board, Plaintiff, v. City of Philadelphia, Defendant. Commonwealth Court of Pennsylvania.Argued December 2, 1974 March 12, 1975. Negligence — Liability of water distributor — Broken water main — Faulty construction — Failure to repair — Negligent inspection — Words and phrases — Constructive notice — Summary judgment — Issue […]

551 A.2d 622 Michael Palyok, Appellant v. Borough of West Mifflin et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 27, 1988. December 13, 1988. Police pension — Earned salary — Overtime pay — Extra work pay — Mandamus — Local Agency Law, 2 Pa. C. S. § 101 — Scope of review — Collective bargaining […]

275 A.2d 907 Philomena Scannella v. Salerno Importing Company and Aetna Casualty Surety Co. Commonwealth Court of Pennsylvania.Argued February 11, 1971 April 13, 1971. Workmen’s compensation — Evidence — Hearsay — Hospital records — Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Uniform Business Records as Evidence Act, Act 1939, May […]

578 A.2d 600 SAMUEL J. LANSBERRY, INC., Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 30, 1990. Decided July 25, 1990. Reargument Denied September 12, 1990. Appeal from the Public Utility Commission (PUC) No. A-99642. Page 219 Herbert R. Nurick, McNees, Wallace Nurick, Harrisburg, for petitioner. Dennis J. Buckley, Asst. Counsel, […]

409 A.2d 974 Gerald Washington, Petitioner v. Julius T. Cuyler, Superintendent State Correctional Institution at Graterford, Pennsylvania and William B. Robinson, Commissioner Pennsylvania Bureau of Corrections, Respondents. Commonwealth Court of Pennsylvania. January 10, 1980. Service of briefs — Sanctions — Pennsylvania Rules of Appellate Procedure — Demurrer — New matter — Preliminary objections — Summary […]

611 A.2d 809 Robert E. KRATZER and Caroline L. Kratzer, Appellants v. The BOARD OF SUPERVISORS OF FERMANAGH TOWNSHIP, JUNIATA COUNTY, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued April 9, 1992. Decided June 11, 1992. Appeal from the Court of Common Pleas of Juniata County, No. 44 of 1991, Keith B. Quigley, President Judge. Page 455 […]

In re EJMW, LLP. No. 1226CD06.Commonwealth Court of Pennsylvania. January 9, 2007. Appeal from the Bucks County 05-8491-29 5. Decisions Without Published Opinions Affirmed. Page 1278