Category: Pennsylvania Commonwealth Court Opinions

772 A.2d 93 SEWELL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. No. 673 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: August 25, 2000. Filed: January 26, 2001. Page 94 Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION JUDGE SMITH George Sewell petitions for review […]

474 A.2d 355 T. W. Phillips Gas and Oil Co., Petitioner v. Pennsylvania Public Utility Commission, Respondent. T. W. Phillips Gas and Oil Co., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1983 March 26, 1984. Public utilities — Gas rates — Scope of appellate review — Violation of constitutional […]

677 A.2d 1319 CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE LODGE NO. 5. Commonwealth Court of Pennsylvania.Argued February 7, 1996. Decided June 18, 1996. Appeal from the Court of Common Pleas of Philadelphia County, No. 2114, March 1995, O’Keefe, J. Page 1320 Sheryl L. Auerbach, for Appellant. Thomas W. Jennings, for Appellee. Before […]

David R. LEASE v. HAMILTON TOWNSHIP and Hamilton Township Board of Supervisors, Appellants. Commonwealth Court of Pennsylvania.Submitted on Briefs September 13, 2005. Decided October 28, 2005. Appeal from the Court of Common Pleas, Adams County, No. 03-S-648, Bigham, J. Page 685 Joseph C. Adams, York, for appellants. John M. Ogden, York, for appellee. BEFORE: PELLEGRINI, […]

288 A.2d 835 Lebanon Lodge, Fraternal Order of Police, No. 42 v. City of Lebanon, et al. Commonwealth Court of Pennsylvania.Argued December 6, 1971 March 28, 1972. Mandamus — Collective bargaining — Police and Firemen’s Relations Act, Act 1968, June 24, P. L. ___, No. 111 — Labor law — Police — Negotiations — Arbitration […]

436 A.2d 263 In Re: Nomination Certificate of the Luzerne County Democratic Executive Committee Filed September 10, 1981, Nominating Michael J. Butera as Wyoming Area School Director Candidate. Walter Placek, Appellant. Commonwealth Court of Pennsylvania.Argued October 21, 1981 October 28, 1981. Elections — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 — Technical […]

379 A.2d 641 Francis D. Hannon, Appellant v. The Zoning Hearing Board of the City of Wilkes-Barre, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1977 November 10, 1977. Zoning — Special exception — Scope of appellate review — Abuse of discretion — Error of law — Burden of proof — Rooming house — Appropriateness to […]

619 A.2d 811 TORRANCE STATE HOSPITAL, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. T. David NEWMAN, Respondent. Commonwealth Court of Pennsylvania. Decided November 27, 1992. Publication Ordered January 15, 1993. Appeal from the State Civil Service Commission, No. 13511. Jeffrey P. Schmoyer, Asst. Counsel, for petitioner. Page 627 T. David Newman, pro se. […]

Chris GUMM, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (J. Allan STEEL), Respondent J. Allan Steel Company and Old Republic Insurance Services, Petitioners v. Workers’ Compensation Appeal Board (Gumm), Respondent. Nos. 599 C.D. 2007, 703 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 26, 2007. Decided: January 28, 2008. Appeal from the Workers’ Compensation Appeal Board, […]

314 A.2d 884 Robert Dwight Epps, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 February 13, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — Pennsylvania Rules of Criminal Procedure, Rule 140 — The Vehicle Code, Act 1959, April 20, P. […]

276 A.2d 334 Schiller-Pfeiffer, Inc. v. The Upper Southampton Township Board of Adjustment. Commonwealth Court of Pennsylvania.Argued February 9, 1971 April 14, 1971. Zoning — Nonconforming uses — Limitations on expansion — Construction of ordinances — Constitutionality of limiting ordinances — Burden of proof — Retroactive effect of ordinances. 1. Since the law permits a […]

383 A.2d 1306 Capital Blue Cross, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Respondent. Blue Cross of Western Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Respondent. Blue Cross of Lehigh Valley, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Respondent. Commonwealth Court of Pennsylvania.Argued January 31, 1978 April 4, 1978. Insurance — Rates — Administrative […]

692 A.2d 1182 Joseph EMANUEL, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (COCO BROTHERS, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1997. Decided April 23, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A94-1580. Page 1183 Amiel B. Caramanna, Jr., Pittsburgh, for petitioner. Thomas V. Gebler, Jr., Pittsburgh, for respondent. Before DOYLE and McGINLEY, […]

404 A.2d 430 In the Matter of: Condemnation of Rights of Way and Easements Situate in the Township of North Huntingdon and the Township of Hempfield, etc. Anthony Brooks, Jr. et ux., Appellants v. The North Huntingdon Township Municipal Authority, Appellee. In the Matter of: Condemnation of Rights of Way and Easements Situate in the […]

424 A.2d 975 Carmello Marquez, a minor, by Dionisia Marquez, his guardian and Dionisia Marquez, in her own right v. Hahnemann Medical College And Hospital of Philadelphia and Douglas Holsclaw, M.D. and Bonita Falkner, M.D. Attorney General, Edward Biester, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1980 January 20, 1981. Health Care Services Malpractice Act, […]

437 A.2d 525 J. S. Stern Company and Rockwood Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Beatrice Pitt, Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1981 December 1, 1981. Workmen’s compensation — Physical examination — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Discretion — […]

600 A.2d 667 Gerald L. YOUNG, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1991. Decided December 4, 1991. Reargument Denied January 27, 1992. Petition for Allowance of Appeal Denied June 9, 1992. Appeal from the State Board for Certification of Sewage Enforcement Officers, No. 90-1. Page 17 Jeffrey F. […]

PENNSYLVANIA POWER COMPANY, Appellant v. TOWNSHIP OF PINE. No. 2102 C.D. 2005.Commonwealth Court of Pennsylvania.Argued October 18, 2006. Decided June 18, 2007. Page 1242 Appeal from the Common Pleas Court, County of Allegheny, No. SA03-1382, O’Reilly, J. Daniel P. Delaney, Harrisburg, for appellant. Christian D. Marquis, Pittsburgh, for appellee. Robert F. Young, Deputy Chief Counsel, […]

678 A.2d 860 H.J. HEINZ COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued April 18, 1996. Decided June 28, 1996. Appeal from the Board of Finance and Revenue, No. 91-2855. Page 861 Sherill T. Moyer, for Petitioner. Bart J. Deluca, Jr., Senior Deputy Attorney General, for Respondent. Before McGINLEY and FRIEDMAN, JJ., […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Lal v. Comm. of PA 1634CD03 01/29/2004 Chester County Affirmed 3646-02 through 3724-02 Case v. American 1434CD03 01/30/2004 Centre County Affirmed Philatelic Society 00-2524 Comm. of PA, Dept. 451CD03 01/30/2004 Cumberland County Affirmed […]

588 A.2d 1350 James F. MILLS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SUPER CITY MANUFACTURING, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued February 11, 1991. Decided April 5, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-97009. Page 692 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

COMMONWEALTH of Pennsylvania, Acting By Attorney General Thomas W. CORBETT, Jr. v. Wesley Alvin SNYDER, Sydney Snyder, Jacqueline Hepford-Rennie, Julie Ann Musser, Susan Louise Hunt, Kenneth Roger Bennetch, Cheryl Bennetch and Alyssha Mary Waid Appeal of: Kenneth Bennetch. Commonwealth of Pennsylvania, Acting by Attorney General Thomas W. Corbett, Jr. v. Wesley Alvin Snyder, Sydney Snyder, […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. DORFELD. No. 2752CD03.Commonwealth Court of Pennsylvania. September 24, 2004. Appeal from the Mercer County 2003-02518. Decision without published opinion. Vacated and Remanded.

567 A.2d 347 EAST PENNSBORO TOWNSHIP, Appellant, v. PENNSYLVANIA BUILDERS ASSOCIATION, Home Builders Association of Metropolitan Harrisburg, Vernon R. Sealover et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 9, 1989. Decided December 12, 1989. Appeal from the Court of Common Pleas of Cumberland County, Edgar B. Bayley, J. Henry F. Coyne, Camp Hill, for appellant. […]

500 A.2d 905 School District of Philadelphia, Appellant v. Scott Puljer, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1985 October 21, 1985. Schools — Dismissal of employe — Scope of appellate review — Violation of constitutional rights — Substantial evidence — Error of law — Public School Code of 1949, Act of March 10, 1949, […]

462 A.2d 902 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William J. Rick, Jr., Appellee. Commonwealth Court of Pennsylvania.Argued February 3, 1983 July 18, 1983. Motor vehicles — Suspension of motor vehicle operator’s license — Appeal nunc pro tunc — Scope of appellate review — Fraud — Breakdown in operation […]

664 A.2d 221 J. Joel SHERMAN, Petitioner, v. Linda S. KAISER, Insurance Commissioner of the Pennsylvania Insurance Department, and the Pennsylvania Insurance Department, Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1995. Decided August 29, 1995. Page 222 Amy L. Weber, Department Counsel, for respondents. James R. Farley, for petitioner. Before COLINS, President Judge, and DOYLE, […]

733 A.2d 29 JOSEPH W. GIERSCHICK, JR., Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued: April 13, 1999. Filed: June 23, 1999. Appeal from No. 1799 C.D. 1997. Page 30 Adam Sager, Pottstown, for petitioner. Nicholas J. Marcucci, Harrisburg, for respondent. BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge, HONORABLE DAN PELLEGRINI, Judge, […]

Gerard HESS and Cynthia Hess, Appellants v. WARWICK TOWNSHIP ZONING HEARING BOARD. No. 843 C.D. 2008.Commonwealth Court of Pennsylvania. Argued March 31, 2009. Decided July 15, 2009. Reargument Denied September 10, 2009. Appeal from the Common Pleas Court, Chester County, No. 07-02347, Nagle, J. Page 1217 Blake E. Dunbar, Jr., Trappe, for appellants. Patrick C. […]

381 A.2d 1341 Melissa, Inc. v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1977 January 26, 1978. Pennsylvania Liquor Control Board — Suspension of liquor license — Scope of appellate review — Error of law — Abuse of discretion — Liquor Code, Act 1951, April 12, P.L. 90 […]

360 A.2d 276 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Daria Duray, Appellant. Commonwealth Court of Pennsylvania.Argued May 6, 1976 June 22, 1976. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Refusal of work assignment. 1. An employe discharged for wilful misconduct […]

561 A.2d 833 Gregory R. CHRIN and Caryn M. Chrin, his wife, Appellants, v. The ZONING HEARING BOARD OF THE BOROUGH OF NAZARETH, Northampton County and Borough of Nazareth, Appellees. Commonwealth Court of Pennsylvania.Argued April 7, 1989. Decided June 27, 1989. Appeal from the Court of Common Pleas, Northampton County, Alfred T. Williams, Jr., J. […]

370 A.2d 1232 John J. Mentz, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 16, 1977. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Sunday — Statutory Construction Act of 1972, 1 Pa. […]

425 A.2d 66 Charles Forney, Jr. et al., Petitioners v. State Ethics Commission et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1980 February 10, 1981. Ethics — Act of October 4, 1978, P.L. 883 — Public official — Municipal authority — Public employees — Solicitor — Financial disclosure. 1. The paid members of municipal […]

608 A.2d 633 PENNSYLVANIA MEDICAL SOCIETY, Petitioner v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania; the Insurance Department; and Ernest D. Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued: September 11, 1991. Decided: April 29, 1992. Reconsideration Denied May 29, 1992. Appeal from the Commonwealth Court, […]

Collins v. Beard. No. 809CD06.Commonwealth Court of Pennsylvania. April 19, 2007. Appeal from the Greene County AD 1004-2005. Decision without Published Opinions Affirmed.

722 A.2d 756 STEPHANIE R. KOCHER and PATRICK G. KOCHER, Petitioners v. REBECCA L. BICKLEY, DIRECTOR, BUREAU OF DRIVER LICENSING OF THE DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA, Respondent NO. 608 M.D. 1998.Commonwealth Court of Pennsylvania.Submitted October 30, 1998. Filed January 5, 1999. Page 757 Appeal from The Commonwealth Court, No. 608 M.D. […]

557 A.2d 34 Charles Montione, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 29, 1988. Pennsylvania Board of Probation and Parole — Hearsay — Good cause — Lab reports. 1. Good cause is demonstrated for the admission into evidence of a hearsay lab report in a […]

484 A.2d 849 Craig Dongilli, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 5, 1984. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Self-employment — Substantial change in activity. 1. In an unemployment compensation case, review […]

Mullen v. Zoning Hearing Board of the Township of Harmar. No. 717CD06.Commonwealth Court of Pennsylvania. November 14, 2006. Appeal from the Allegheny County SA-05-722. Decisions Without Published Opinions Affirmed.

501 A.2d 358 Stephen C. Olsovsky and Elizabeth Olsovsky, Appellants v. Zoning Hearing Board of the City of Allentown and William E. Capkovic, et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 14, 1985 December 12, 1985. Zoning — Special exception — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Scope of […]

Young v. Hoke. No. 1157CD08.Commonwealth Court of Pennsylvania. February 23, 2009. Appeal from the Crawford County AD 2008-409. Decisions Without Published Opinions Affirmed.

684 A.2d 1115 ERIE INSURANCE COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1996. Decided November 13, 1996. Appeal from the Commissioner of Insurance, No. P94-03-01. Page 1116 Thomas E. Brenner, Harrisburg, for petitioner. Christime Mullen, Department Counsel, Harrisburg, for respondent. Before COLINS, President Judge, SMITH, J., […]

417 A.2d 846 James T. Ulanoski et al., Appellants v. Jane A. Sheaffer et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1980 July 29, 1980. Schools — Equity — Arbitrary action — School construction — Inexperience of school board member — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Execution of […]

728 A.2d 381 AT T, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DiNAPOLI), Respondent. Commonwealth Court of Pennsylvania.Argued: October 7, 1998. Filed: February 5, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A96-4192. Page 382 Charles S. Katz, Jr., Philadelphia, for petitioner. John C. McFadden, media, for respondent. Before COLINS, President Judge, and DOYLE, J., […]

Borough of Jefferson Hills v. Southersby Development Corp. No. 1756 C.D. 10.Commonwealth Court of Pennsylvania. August 10, 2011. Appeal from the Allegheny County GD 08-020458. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

318 A.2d 400 Perfection Plastics, Inc., Appellant, v. Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Employment Security, Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1974 April 19, 1974. Unemployment compensation — Employer contribution rate — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Scope of appellate review — […]

365 A.2d 1350 Commonwealth of Pennsylvania, The General State Authority v. Van Cor, Inc. Commonwealth of Pennsylvania, The General State Authority, Appellant. Commonwealth Court of Pennsylvania. November 22, 1976. Board of Arbitration of Claims — Exclusive jurisdiction — Act of 1937, May 20, P.L. 728 — Waiver of sovereign immunity — Public contract. 1. Under […]

Donna KIDD-PARKER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PHILADELPHIA SCHOOL DISTRICT), Respondent. No. 2122 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs February 3, 2006. Decided April 25, 2006. Publication Ordered September 6, 2006. Appeal from the Workers’ Compensation Appeal Board. Page 34 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

720 A.2d 166 ZONING HEARING BOARD OF THE CITY OF UNIONTOWN, Appellant, v. CITY COUNCIL OF THE CITY OF UNIONTOWN. Commonwealth Court of Pennsylvania.Argued June 11, 1998. Decided September 15, 1998. Reargument Denied November 23, 1998. Appeal from the Court of Common Pleas, Fayette County, No. 2109 of 1997 G.D., Warman, J. Phyllis A. Jin […]

554 A.2d 1019 Charles D. Miller, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. March 2, 1989. Motor vehicles — Revocation of motor vehicle operator’s license — Habitual offender — Vehicle Code, 75 Pa. C. S. § 1542 — Scope of review — Collateral attack — Estoppel. 1. In a […]

623 A.2d 437 Glenn W. SCHMOLL, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 6, 1992. Decided March 15, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-297590. Page 243 James T. Lesho, for petitioner. Randall S. Brandes, Asst. Counsel, and Clifford F. Blaze, Deputy Chief […]

403 A.2d 225 Carlos J. F. Ramos, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania. July 13, 1979. Pennsylvania State Horse Racing Commission — Suspension of trainer’s license — Possession of drug paraphernalia and drugs — Credibility — Penalty — Abuse of discretion. 1. The credibility of witnesses […]

408 A.2d 173 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Daniel L. Quinlan, Jr., Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1979 November 8, 1979. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal to submit to breath test — Burden of proof — Vehicle Code, 75 Pa. […]

455 A.2d 1263 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Joseph M. and Mary Florek, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued December 16, 1982 February 8, 1983. Eminent domain — Pennsylvania Rule of Appellate Procedure 902 — Notice of appeal — Preliminary objections — De facto taking — Local rule. 1. Under Pennsylvania […]

695 A.2d 882 STABLER DEVELOPMENT COMPANY and EASTERN INDUSTRIES, INC., Appellants v. BOARD OF SUPERVISORS OF LOWER MT. BETHEL TOWNSHIP, PENNSYLVANIA. Commonwealth Court of Pennsylvania.Argued: April 8, 1997. Decided may, 14, 1997. Reargument and Reconsideration Denied July 17, 1997. Appeal from the Stabler Development Company (Stabler) and Eastern Industries, Inc. Page 883 Sherill T. Moyer, […]

389 A.2d 212 James W. Snyder, Jr., Appellant v. Bernard B. Naef, Appellee. Commonwealth Court of Pennsylvania.Argued April 7, 1978 June 8, 1978. County Solicitor — Salary — Duties — Bond counsel — The County Code, Act 1955, August 9, P.L. 323 — Payment of fees to county treasury — Fees received from bond counsel. […]

389 A.2d 1213 Commonwealth Ct. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board v. Mottola’s 51 Tavern, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued April 6, 1978 August 14, 1978. Liquor — Violation of Liquor Code, Act 1951, April 12, P.L. 90 — Evidence suppressed in criminal proceeding — Admissibility of suppressed evidence. 1. Evidence suppressed in […]

440 A.2d 698 Philadelphia County Board of Assistance, Department of Public Welfare, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1981 February 5, 1982. Unemployment compensation — Willful misconduct — Burden of proof — Scope of appellate review — Capricious disregard. 1. In an unemployment compensation […]

551 A.2d 664 Frank E. Aiello, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued November 1, 1988. December 19, 1988. Civil service — Discharge — Just cause — Scope of review — Executive order — Off-duty activity — Sensitive position — Mine restoration project inspector. 1. In the appeal […]

548 A.2d 653 Robert W. McGaffic et al. v. Redevelopment Authority of The City of New Castle and The City of New Castle. Redevelopment Authority of The City of New Castle, Appellant. Commonwealth Court of Pennsylvania. October 4, 1988. Eminent domain — De facto taking — Preliminary objections — Scope of appellate review — Abuse […]

686 A.2d 893 POPE TALBOT, INC., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. (Two Cases.) Commonwealth Court of Pennsylvania.Argued September 9, 1996. Decided December 17, 1996. Appeal from Unemployment Compensation Board of Review, Nos. B-341967 and 341968. Page 894 Richard M. Goldberg, Wilkes-Barre, for petitioner. Quintes D. Tagholi, Allentown, for intervenors. Before SMITH and […]

544 A.2d 1103 Janet M. Roman, Widow, Emmerich Roman, Deceased Petitioner v. Workmen’s Compensation Appeal Board (Yannuzzi, Inc.), Respondents. Commonwealth Court of Pennsylvania. July 27, 1988. Workers’ compensation — Scope of appellate review — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Subrogation — Remarriage. 1. In a worker’s compensation […]

David M. THOREK, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 288 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs September 7, 2007. Decided December 4, 2007. Appeal from the Common Pleas Court, Luzerne County, No. 10536 of 2006, Lokuta, J. Page 506 Jack W. Cline, Mercer, for appellant. Terrance M. […]

694 A.2d 16 ROBERT DeHART and RAYMOND ZIOMEK, Inmates of General Population at State Correctional: Institution at Greene, Petitioners, v. MARTIN F. HORN, Commissioner of the Department of Corrections of: Pennsylvania, JAMES S. PRICE, Superintendent State Correctional Institution at Greene, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs April 4, 1997. Decided May 22, 1997. Page […]

437 A.2d 1279 Jerry Green Sons, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Robert E. Dacenzo, Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1981 December 17, 1981. Workmen’s compensation — Scope of appellate review — Burden of proof — Reinstatement — Substantial evidence. 1. The scope of review of the Commonwealth of […]

488 A.2d 374 In Re: Incorporation of the Borough of Bridgewater. The Committee to Form the Borough of Bridgewater, Appellant. Commonwealth Court of Pennsylvania.Argued December 10, 1984 February 21, 1985. Municipalities — Incorporation of borough — The Borough Code, Act of February 1, 1966, P.L. (1965) 1656 — Scope of appellate review — Abuse of […]

616 A.2d 737 BETHLEHEM AREA SCHOOL DISTRICT, Petitioner, v. Donald M. CARROLL, Jr., Secretary of Education, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1992. Decided October 21, 1992. Page 194 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 195 Andrew E. Faust, […]

539 A.2d 942 Joseph Ciccone Sons, Appellant v. Lower Saucon Township Zoning Hearing Board et al., Appellees. Commonwealth Court of Pennsylvania.Argued February 25, 1988. April 6, 1988. Zoning — Deemed approval — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Request for postponement by zoning applicant. 1. When the period between […]

725 A.2d 1245 MS JEWELERS, INC., t/a MANHATTAN JEWELERS v. REDEVELOPMENT AUTHORITY OF THE CITY OF PHILADELPHIA, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs October 8, 1998. Decided February 2, 1999. Reargument Denied March 30, 1999. Appeal from the Court of Common Pleas, Philadelphia County, No. 1474 April Term, 1995, Gordon, J. Peter A. Galante, […]

Sullivan v. Linebaugh. No. 776CD06.Commonwealth Court of Pennsylvania. August 23, 2007. Appeal from the York County 2005-SU-3383-Y08 2005-SU-3384-Y08. Commonwealth Court of Pennsylvania decisions without published opinions Affirmed.

379 A.2d 638 Carl L. Hecknauer, Appellant v. John R. Coder, Mayor of the City of Williamsport, and the City of Williamsport, Appellees. Commonwealth Court of Pennsylvania.Argued September 16, 1977 November 3, 1977. Municipalities — Dismissal of zoning officer — Optional Third Class City Charter Law, Act 1957, July 15, P.L. 901 — Hearing — […]

602 A.2d 457 Robert C. CHRISTMAN, Appellant, v. TOWNSHIP OF DOUGLASS and Berks County, Pennsylvania and Douglass Township, Berks County Board of Supervisors, Douglass Township, Berks County Planning Commission, Appellees. Commonwealth Court of Pennsylvania.Argued December 16, 1991. Decided January 16, 1992. Appeal from the Court of Common Pleas of Berks County, No. 1345-90 A.D., Forrest […]

874 A.2d 176 KEYSTONE OUTDOOR SIGN COMPANY v. CITY OF PHILADELPHIA. No. 2840CD03.Commonwealth Court of Pennsylvania. April 13, 2005. Appeal from the Philadelphia County 03236 March Term 2003. Decision without published opinion. Vacated and Remanded. Page 177

787 A.2d 453 Annette Hinton, Petitioner v. Workers’ Compensation Appeal Board (City of Philadelphia), Respondent. No. 1021 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 31, 2001. Filed: November 15, 2001. Page 454 Before: Honorable Joseph T. Doyle, President Judge; Honorable Bernard L. Mcginley, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION SENIOR JUDGE McCLOSKEY Annette Hinton […]

612 A.2d 634 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU of DRIVER LICENSING, Appellant, v. Douglas John INGRAM, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs January 3, 1992. Decided July 8, 1992. Petition For Allowance of Appeal Granted January 15, 1993. Appeal from the Department of Transportation. Page 171 Timothy P. Wile, Asst. Counsel-in-Charge of […]

Spuck v. Comm. of PA.[3] Nos. 1867 C.D. 09, 1868 C.D. 09.Commonwealth Court of Pennsylvania. May 19, 2010. [3] Petition for reconsideration denied July 30, 2010. Appeal from the Mercer County 2006-366 2007-1994. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

In Re: CONDEMNATION BY the REDEVELOPMENT AUTHORITY OF LAWRENCE COUNTY, Pennsylvania in Fee Simple, ABSOLUTE TITLE OF LAND OF David C. HAMILTON situate in Neshannock Township, Lawrence County, Pennsylvania, being Parcel I.D. #25-168200 for the Millennium Park Redevelopment Project Appeal of: Estate of David C. Hamilton. In Re: Condemnation by the Redevelopment Authority of Lawrence […]

419 A.2d 221 In Re: Application for Building Permit by Fernando Pierorazio and Concettina Pierorazio, his wife, in Spring Township, Berks County, Pennsylvania. Fernando Pierorazio and Concettina Pierorazio, Appellants. Commonwealth Court of Pennsylvania.Argued June 6, 1980 September 3, 1980. Zoning — Variance — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Economic […]

297 A.2d 507 Gabauer v. Civil Service Commission. Commonwealth Court of Pennsylvania.Argued November 3, 1972 December 5, 1972. Civil service — Scope of appellate review — Abuse of discretion — Error of law — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Policemen — Cause for dismissal — Sufficient evidence — […]

McGovern v. Civil Service Commission. No. 155CD08.Commonwealth Court of Pennsylvania. June 17, 2009. Appeal from the Philadelphia County March 2006 No. 060300090. Decisions Without Published Opinions Affirmed.

324 A.2d 840 J. Howard Brandt, Incorporated, Delores Brandt and J. Howard Brandt, Appellants, v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Appellee. Commonwealth Court of Pennsylvania.Argued January 7, 1974 August 20, 1974. Human relations — Discrimination in housing — Racial discrimination — Testers — Pennsylvania Human Relations Act, Act 1955, October 27, P. L. […]

330 A.2d 281 Chester N. Feagley, Edwin Mansberger, Harry E. Corbin, Robert Porter, Jean Mayhue, Maxine Streightiff and Betty Radtke, Appellants, v. Huntingdon County Planning Commission; Redevelopment Authority of the County of Huntingdon; Board of Supervisors of the Township of Smithfield; County of Huntingdon, Commonwealth of Pennsylvania; Smithfield Planning Commission; Board of County Commissioners of […]

762 A.2d 1137 EDWARD J. MEHRING and BETTY MEHRING, Appellants v. ZONING HEARING BOARD OF MANCHESTER TOWNSHIP and RON D. ENSMINGER and JOAN C. ENSMINGER. No. 125 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: September 12, 2000. Filed: November 16, 2000. Page 1138 Glenn C. Vaughn, York, for appellants. Peter D. Solymos, York, for appellees. Before: Honorable […]

In Re: VACATION OF a PORTION OF TOWNSHIP ROAD 308 LOCATED IN LEIDY TOWNSHIP, CLINTON COUNTY, Pennsylvania Appeal of: Leidy Township. No. 1314 C.D. 2006.Commonwealth Court of Pennsylvania.Argued: December 12, 2006. Decided: February 27, 2008. Appeal from the Court of Common Pleas, Clinton County, No. 795-04 (Misc.), Williamson, J. Lee H. Roberts, Lock Haven, for […]

543 A.2d 1251 Linda J. Jawhar v. Marcell W. Pytlerz et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued March 21, 1988. June 29, 1988. Discovery — Accident reports — Vehicle Code, 75 Pa. C. S. § 3754 — Amendments — Retroactivity. 1. Until the amendment of the Vehicle Code, 75 […]

545 A.2d 452 Windber Hospital, Wheeling Clinic, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1987. August 5, 1988. Medical assistance — Department of Public Welfare Regulation 1163.57 — Myocardial infarction — Coronary artery disease. 1. When it is clear that a patient received proper care for […]

882 A.2d 1 ALLEGIS GROUP (ONSITE) and ITT Hartford, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (HENRY), Respondent. No. 2231 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 11, 2005. Decided: May 16, 2005. Publication Ordered: September 6, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A03-2775. Dennis P. Cullen, Lemoyne, for petitioners. Page 2 […]

522 A.2d 1192 John J. Lozada, an Incompetent, by Hamilton Bank, his Guardian, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 24, 1987. March 24, 1987. Department of Public Welfare — Medical assistance — Nursing home care — Scope of appellate review — Violation of constitutional rights — […]

511 A.2d 263 Rockwood Area School District and Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Tipton), Respondents. Commonwealth Court of Pennsylvania.Argued March 11, 1986 June 23, 1986. Workmen’s compensation — Scope of appellate review — Remand — Credibility — Expert testimony. 1. When the Commonwealth Court of Pennsylvania reviews an […]

402 A.2d 286 In Re: Petition of Francis Tracy v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1979 June 5, 1979. Eminent domain — De facto taking — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Curbing — Denial of access to property. 1. Preliminary objections to […]

674 A.2d 779 Thomas H. McARTHUR, Sole Heir and Sole Legatee of the Estate of Lucetta G. McArthur, Deceased, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 8, 1996. Decided April 12, 1996. Appeal from the Commonwealth Court, No. 1762 C.D. 1995 Doyle, J. Page 780 Richard L. Colden, […]

Mangan v. Chester County Board of Assessment Appeals. No. 868CD08.Commonwealth Court of Pennsylvania. January 16, 2009. Chester County 06-08350. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Vacated and Remanded.

545 A.2d 468 Stewart Honeybee Products, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Stewart Honeybee Products, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued April 20, 1988. August 8, 1988. Taxation — Capital stock tax — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Manufacturing exemption — […]

488 A.2d 1187 C. C. Collings Co., Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. C. C. Collings Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. A. E. Masten Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. A. E. Masten Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Securities Investments, Inc. (formerly Henry Fisher Co., […]

699 A.2d 789 Davoud BARAVORDEH, Appellant v. BOROUGH COUNCIL OF PROSPECT PARK and PETER D. SUBERS and BEVERLY J. BUTTERLY and SARAH CAVENDAR and LOU DePIETRO and ROBERT JUREK and BRENT WHITIG and RALPH MOORE and JOHN BRADLEY and JOHN TOAL. Commonwealth Court of Pennsylvania.Submitted on Briefs July 3, 1997. Decided August 8, 1997. Appeal […]

633 A.2d 246 James SINGER, M.S., Petitioner, v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE BOARD OF PSYCHOLOGY, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1993. Decided October 29, 1993. Appeal from the Bureau of Professional and Occupational Affairs, State Board of Psychology (Board), No. 87-63-0300. Page 386 John C. Fekety, for petitioner. Sally A. […]