Category: Pennsylvania Commonwealth Court Opinions

467 A.2d 662 Timothy C. Deaner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 18, 1983. Unemployment compensation — Federal service — Discharge for cause — Finality of federal decision. 1. A determination by the appropriate federal agency that the discharge of a United States marine for […]

624 A.2d 247 DEPARTMENT OF COMMERCE, Petitioner, v. Robert J. CASEY, Respondent. Commonwealth Court of Pennsylvania.Argued March 1, 1993. Decided April 1, 1993. Appeal from the Board of Claims, FC-759-89. Page 506 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 507 [EDITORS’ […]

882 A.2d 1088 AMERICAN LAW INSTITUTE, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 327 F.R. 2003.Commonwealth Court of Pennsylvania.Argued: June 9, 2005. Decided: September 15, 2005. Petition for review from the Board of Finance and Revenue. Page 1089 Donald W. Kramer, Philadelphia, for petitioner. Kevin A. Moury, Harrisburg, for respondent. BEFORE: COLINS, President Judge, LEADBETTER, […]

355 A.2d 853 Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board v. Association of Pennsylvania State College and University Faculties/Pennsylvania Association of Higher Education (APSCUF/PAHE), Appellants. Bureau of Labor Relations, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued February 2, 1976 April 19, 1976. Labor — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Meet […]

THORNTON v. TAX CLAIM BUREAU OF NORTHAMPTON COUNTY. No. 2013CD05.Commonwealth Court of Pennsylvania. March 24, 2006. Appeal from Northampton County C0048CV2005005700. Decision without published opinion. Affirmed.

400 A.2d 253 Ernest Montgomery, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Colt Industries, Respondents. Commonwealth Court of Pennsylvania.Argued March 8, 1979 April 20, 1979. Workmen’s compensation — Silicosis — Disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Suspension of compensation — Costs of prosecution. 1. […]

448 A.2d 104 William C. Wilson, Sr. and Viola M. Wilson, Appellants v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1982 July 13, 1982. Municipalities — Sewage permit — Date of offense — Ex post facto application of ordinance. 1. A conviction of an ordinance violation must be reversed when no evidence […]

439 A.2d 866 Penn Delco Education Association, Appellant v. Penn Delco School District, Appellee. Commonwealth Court of Pennsylvania.Argued November 18, 1981 December 31, 1981. Argued November 18, 1981, before President Judge CRUMLISH, JR. and Judges MacPHAIL and PALLADINO, sitting as a panel of three. Appeal, No. 2548 C.D. 1980, from the Order of the Court […]

302 A.2d 517 Hiram Wible Son, et al. v. Keith, et al. Commonwealth Court of Pennsylvania.Argued December 6, 1972 March 22, 1973. Workmen’s compensation — Scope of appellate review — Constitutional rights — Error of law — Findings of fact — Substantial evidence — Petition to modify or terminate agreement — Burden of proof — […]

474 A.2d 698 Robert Woolston et al., Plaintiffs v. Clark T. Cutting et al., Defendants. Commonwealth Court of Pennsylvania. January 19, 1984. Class action — Quota requirement for traffic citations — Act of October 30, 1981, P.L. 321 — Standing — Waiver — Collateral attack — Legislative intent — Affirmative defense — Equity — Mandamus […]

489 A.2d 968 Abraham A. Constantino, Jr., and Rose A. Constantino, Appellants v. Borough of Forest Hills, Appellee. Commonwealth Court of Pennsylvania.Argued November 15, 1984 March 21, 1985. Zoning — Variance — Scope of appellate review — Fence. 1. In a zoning variance case, when the trial court takes no additional evidence, the Commonwealth Court […]

Jones v. Upset Sale No. 259-2005 Tax Claim Bureau of Wayne County. 556CD06.Commonwealth Court of Pennsylvania. October 12, 2006. Appeal from the Wayne County 56301 Civil 2005. Decisions Without Published Opinions Reversed.

460 A.2d 909 Basil H. Selden, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 7, 1983. Unemployment compensation — Self-employment — Remand. 1. Whether an unemployment compensation claimant is self-employed is a question of law to be reviewed by the Commonwealth Court of Pennsylvania; in making that […]

572 A.2d 236 Roger Allan REA, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1989. Decided February 23, 1990. Reargument Denied May 1, 1990. Appeal from the Court of Common Pleas, Westmoreland County, No. 2892 4471 of 1988, Joseph A. Hudock, J. Page 146 […]

347 A.2d 351 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Edward Ostrander, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 1975 November 12, 1975. Unemployment compensation — Legislative policy — Economic security — Section 3 of the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Fault of employe — […]

576 A.2d 1193 Jacqueline Nicole MARKO, a minor, by her parent and natural guardian Charlene MARKO and Charlene Marko in her own right, Appellants, v. CITY OF PHILADELPHIA and Game Time, Inc. and F S Quality Construction, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1990. Decided June 26, 1990. Reargument Denied August 8, 1990. […]

659 A.2d 626 Polly ROST, Petitioner v. STATE BOARD OF PSYCHOLOGY, Respondent. Commonwealth Court of Pennsylvania.Argued February 9, 1995. Decided May 22, 1995. Appeal from the State Board of Psycholoy, No. 0023-63-93. Page 627 James A. Bolden, for petitioner. Jackie Wiest Lutz, for respondent. Before DOYLE and SCHULTZ NEWMAN, JJ., and DELLA PORTA, Senior Judge. […]

295 A.2d 345 Fishel v. Sears, Roebuck Co. Commonwealth Court of Pennsylvania.Argued September 8, 1972 October 11, 1972. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Constitution of Pennsylvania, Article III, Section 18 — Statutory employer — Independent contractor — Premises — Direct and immediate supervision — […]

Belle v. Bohinski. No. 1035CD06.Commonwealth Court of Pennsylvania. February 16, 2007. Appeal from the Luzerne County 6661-C-04. Decisions Without Published Opinions. Affirmed.

797 A.2d 1042 Janet Nolan, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2031 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: January 11, 2002. Filed: April 18, 2002. Order Filed: June 4, 2002. ORDER NOW, June 4, 2002, having considered petitioner’s petition for reconsideration, the petition is denied. Page 1043 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

James W. BELL, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1806 CD 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs December 22, 2006. Decided February 20, 2007. Ordered Published April 20, 2007. Reargument Denied April 20, 2007. Page 24 Richard O’Neill Earley, Pittsburgh, for petitioner. Cathy A. Rothaug, Asst. Counsel and Gerard M. Mackarevich, Deputy […]

Menkevich v. Zoning Board of Adjustment, City of Philadelphia. No. 1852CD05.Commonwealth Court of Pennsylvania. February 8, 2007. Appeal from the Philadelphia County 019235 Aug. Term 2000. Decisions Without Published Opinions. Reversed.

541 A.2d 446 Robert S. Spotts, Petitioner v. Workmen’s Compensation Appeal Board (Superior Tube Company), Respondents. Commonwealth Court of Pennsylvania. May 23, 1988. Workers’ compensation — Evidence — Medical evidence — Credibility — Competency — Equivocal testimony. 1. A workers’ compensation claimant’s own testimony as corroborated is competent and as related in a medical history […]

579 A.2d 989 PENNSYLVANIA OSTEOPATHIC MEDICAL ASSOCIATION, Petitioner v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania and the Pennsylvania Insurance Guaranty Association; and Joseph Pulcini, Jr., Director, Medical Professional Liability Catastrophe Loss Fund, Respondents. Commonwealth Court of Pennsylvania.Argued June 12, 1990. Decided August 9, 1990. Reargument and Clarification Denied September 7, 1990. […]

PENNSYLVANIA STATE TROOPERS ASSOCIATION and Thomas R. Scales, Petitioners v. PENNSYLVANIA STATE POLICE, LOST AND DAMAGED PROPERTY BOARD OF APPEAL, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 1, 2006. Decided April 27, 2006. Page 44 Sean T. Welby, Harrisburg, for petitioners. Thomas F. Jakubiak, Asst. Counsel and Barbara L. Christie, Chief Counsel, Harrisburg, for […]

601 A.2d 460 McDOWELL MANUFACTURING COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SANSOM), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 1, 1991. Decided December 26, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A90-279. Page 271 Terry L.M. Bashline, for petitioner. John F. Will, Jr., for respondent. Before DOYLE and SMITH, JJ., and […]

424 A.2d 1019 James Goodson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1980 February 2, 1981. Unemployment compensation — Willful misconduct — Employer’s known work rule. 1. For the Commonwealth Court of Pennsylvania to review properly an appeal in an unemployment compensation case, the Page […]

284 A.2d 512 Department of Revenue v. Salvatore. Commonwealth Court of Pennsylvania.Argued November 8, 1971 December 14, 1971. State Civil Service Commission — Termination of employment — Rehearing — Burden of proof — Abuse of discretion — Timeliness of petition for rehearing. 1. The State Civil Service Commission did not abuse its discretion in denying […]

591 A.2d 8 William HELM, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (U.S. GYPSUM COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted December 21, 1990. Decided May 9, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1690. Page 588 Brian R. Steiner, for petitioner. Deborah L. Hartwell, for respondent. Page 589 Before SMITH and PELLEGRINI, JJ., and […]

725 A.2d 220 Charles SIERS, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 13, 1998. Decided February 8, 1999. Appeal from the Board of Probation and Parole, Parole No. 8582-F. William Ruzzo, Asst. Public Defender, Wilkes-Barre, for petitioner. Arthur R. Thomas, Harrisburg, for respondent. Before FRIEDMAN, J., […]

543 A.2d 219 Randy Taylor, Petitioner v. Workmen’s Compensation Appeal Board (Ace Installers, Inc., Beacon Contractors, Inc., Insurance Company of North America), Respondents. Commonwealth Court of Pennsylvania. June 20, 1988. Workers’ compensation — Jurisdiction — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Place of contract. 1. An employe injured […]

453 A.2d 1087 Thomasina Mignacca, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 5, 1983. Unemployment compensation — Voluntary termination — Job and pay disparity. 1. When evidence supports a finding that work accepted by an employe presumed to be suitable was substantially similar to work she […]

314 A.2d 553 Redevelopment Authority of the City of Philadelphia, Appellant, v. The United Novelty Premium Company, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 December 20, 1973. Eminent domain — Motion for new trial — Verdict contrary to evidence — Injustice — Abuse of discretion — Scope of appellate review — Review of […]

Kamus-Kelly v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 2154CD08.Commonwealth Court of Pennsylvania. August 20, 2009. Appeal from the Luzerne County 14627 of 2005. Decisions Without Published Opinions Affirmed.

346 A.2d 860 Willis J. and Jane H. Gilpin and Gabrielle B. and William C. Gumble v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1975 October 31, 1975. Eminent domain — New trial — Inadequacy of verdict — Award of viewers. 1. In a condemnation case […]

John D. WILLIAMS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (POHL TRANSPORTATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 25, 2010. Decided July 29, 2010. Page 743 David F. Stern, Philadelphia, for petitioner. Audrey J. Copeland, King of Prussia, for respondent. Shawn C. Gooden, Philadelphia, for amicus curiae, PA Uninsured Employers Guaranty Fund. BEFORE: LEADBETTER, […]

657 A.2d 1370 JACKSON GEAR COMPANY, a Pennsylvania Corporation v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. Commonwealth Court of Pennsylvania.Argued March 16, 1995. Decided April 20, 1995. Appeal from The Court of Common Pleas, Allegheny County, No. GD-92-9722, Bigley, J. Michael J. Creighton, Asst. Counsel-In-Charge, for appellant. John P. Tobin, Jr., for appellee. Before […]

316 A.2d 148 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Michael Joseph Lamb, Appellee. Commonwealth Court of Pennsylvania.Argued January 11, 1974 March 12, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — Conviction — Payment of fine — The Vehicle Code, Act 1959, April 29, P. L. 58 […]

558 A.2d 934 Robert SAVIET, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs January 20, 1989. Decided May 24, 1989. Appeal from the Common Pleas Court, Delaware County, Grant Wesner, Senior Judge. Page 152 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

506 A.2d 537 City of Clairton, Petitioner v. Workmen’s Compensation Appeal Board (Cantrell), Respondents. Commonwealth Court of Pennsylvania. March 27, 1986. Workmen’s compensation — Medical witness — Unequivocal testimony — Causation — Apportionment of liability. 1. Testimony of a medical witness as to causation is proper when sufficiently unequivocal to support a finding, and testimony […]

LAMAR ADVERTISING OF PENN, LLC, d/b/a Lamar Advertising of Reading and the Lamar Companies, Appellant v. ZONING HEARING BOARD OF the BOROUGH OF DEER LAKE. No. 1403 C.D. 2006.Commonwealth Court of Pennsylvania.Argued December 12, 2006. Decided January 18, 2007. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1223-2005, Stine, J. Page 706 [EDITORS’ […]

315 A.2d 375 Irvin E. Povlow, Appellant, v. Lola J. Brown, Appellee. Dauphin County Tax Claim Bureau, Appellant, v. Lola J. Brown, Appellee. Commonwealth Court of Pennsylvania.Argued December 3, 1973 February 7, 1974. Taxes — Tax sale — Equity — Real Estate Tax Sale Law, Act 1947, July 7, P. L. 1368 — Setting aside […]

494 A.2d 58 Walter W. Cohen, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. David M. Barasch, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1984 June 13, 1985. Utilities — Scope of appellate review — Statutes — Statutory Construction Act, 1 Pa. C. S. § 1921(c) […]

721 A.2d 394 ROBERT E. HORNER v. C.S. MYERS SONS, INC. and GREAT AMERICAN INSURANCE COMPANY, Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1998. Filed December 4, 1998. Appeal from the Court of Common Pleas, Clinton County, No. 1008-97, Saxton, Jr., Page 395 James S. Ehrman, Pittsburgh, for appellants. Mark A. Givler, Lock Haven, for […]

499 A.2d 1142 Laszlo Toth, Appellant v. City of Allentown Zoning Hearing Board and Harry C. Weil, III and Loretta L. Weil, Appellees. Commonwealth Court of Pennsylvania.Argued September 10, 1985 November 7, 1985. Zoning — Appeals. 1. In zoning cases, matters not raised in the court below cannot be raised for the first time on […]

447 A.2d 1063 In Re: Appeal of Thomas Nowalk and Regina Nowalk, his wife, from the decision of New Stanton Borough Zoning Hearing Board. Thomas Nowalk and Regina Nowalk, his wife, Appellants. Commonwealth Court of Pennsylvania.Argued May 5, 1982 July 20, 1982. Zoning — Variance — Unnecessary hardship — Nonconforming use — Expansion. 1. An […]

594 A.2d 824 Tony L. ASHE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (AMERICAN STEEL ALUMINUM CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 3, 1991. Decided June 28, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-90-389. Page 616 Robert A. Berry, for petitioner. Daniel K. Deardorff, for respondent. Before McGINLEY and KELLEY, […]

522 A.2d 1197 Gary L. Horner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Larry F. Miller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Patrick J. Smyth, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Frank J. Monaco, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation […]

809 A.2d 1000 Commonwealth of Pennsylvania, Department of General Services, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Plaintiffs v. United States Mineral Products Company, Certainteed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Philips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company, Defendants. Commonwealth of […]

324 A.2d 811 Charles Berman, t/a Charles Berman Company, Appellant, v. Urban Redevelopment Authority of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1974 August 13, 1974. Eminent domain — Integrated use — Valuation — De facto taking — Deprivation of use and enjoyment — Leasehold — Supporting property — Full compensation — Due process […]

357 A.2d 708 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board v. The Greater Northeast Polish American Citizens Association, Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1976 May 20, 1976. Liquor — Revocation of liquor license — Liquor Code, Act 1951, April 12, P.L. 90 — Time permitted for investigation — Permitting immoral conduct on licensed […]

731 A.2d 206 CAROL ANN LYONS, M.D. v. SAINT VINCENT HEALTH CENTER, Appellant No. 2369 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: February 11, 1999. Filed: April 22, 1999. Reargument Denied: July 1, 1999. David R. Johnson, Pittsburgh, for appellant. James D. McDonald, Jr., Erie, for appellee. BEFORE: PELLEGRINI, J., FLAHERTY, J., and RODGERS, Senior Judge. OPINION […]

456 A.2d 736 Richard Mufson, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Philadelphia State Hospital, Respondent. Commonwealth Court of Pennsylvania. March 3, 1983. Civil service — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Credibility — Conflicting evidence — Just […]

632 A.2d 986 Merrill D. BRANDT, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1993. Decided October 13, 1993. Appeal from the Commissioner of State Police. Page 67 James L. McAneny, for petitioner. Joanna N. Reynolds, Asst. Counsel, for respondent. Page 68 Before DOYLE and PELLEGRINI, JJ., and RODGERS, Senior Judge. […]

756 A.2d 96 US AIRWAYS and RELIANCE NATIONAL c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (LONG), Respondent. No. 2554 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: January 14, 2000. Filed: May 30, 2000. Reargument denied August 10, 2000. Before: Honorable Joseph T. Doyle, President Judge, Honorable Rochelle S. Friedman, Judge, Honorable Charles P. […]

381 A.2d 1343 Charles E. Geesey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1977 January 27, 1978. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Sick leave — Failure to return to work — Findings of […]

374 A.2d 743 Appeal of Anthony Lonzetta from Decision of the Zoning Hearing Board of Hazle Township. Township of Hazle, Appellant. Commonwealth Court of Pennsylvania. June 13, 1977. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Statutory ambiguities — Legislative intent — Ordinance headings — Special provisions — […]

385 A.2d 625 Carole F. Anzese, Widow of John Anzese, Deceased and Allen A. Pechter, Esquire, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Strick Corporation, Respondents. Strick Corporation and Pennsylvania Manufacturers’ Association Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Carole F. Anzese, Widow of John Anzese, Deceased, […]

842 A.2d 536 Henry Thissen, Petitioner v. Workers’ Compensation Appeal Board (Tri-Boro Concrete, Inc., Gates McDonald, and Inservco Insurance Services), Respondents. No. 1935 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: December 26, 2003. Filed: February 17, 2004. Page 537 Fred H. Hait, Carlisle, for petitioner. Andrew T. Kravitz, Harrisburg, for respondent. BEFORE: COLINS, President Judge, McGINLEY, Judge, […]

609 A.2d 873 John E. SMITH v. CITY OF PHILADELPHIA and D. Coren. Appeal of CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued March 3, 1992. Decided May 14, 1992. Appeal from the Court of Common Pleas, Philadelphia County, No. 5983 March Term, 1990, Ethan Allen Doty, J. Page 85 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Kontz v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 1652CD06.Commonwealth Court of Pennsylvania. April 5, 2007. Appeal from the Mercer County 2006-196. Decision without Published Opinions Affirmed.

642 A.2d 575 Margaret E. MURRAY, Administratrix of the Estate of Cherise R. Silvis a/k/a Cherise R. Murray, Deceased v. Richard J. ZARGER, Jack McIntyre, and Corry Area School District. Appeal of Richard J. ZARGER, Appellant. Commonwealth Court of Pennsylvania.Argued March 1, 1994. Decided May 18, 1994. Appeal from the Court of Common Pleas of […]

DELAWARE AVENUE, LLC, Petitioner v. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES and Department of Environmental Protection, Respondents. No. 2393 C.D. 2009.Commonwealth Court of Pennsylvania.Argued May 18, 2010. Decided June 10, 2010. As Amended June 11, 2010. Richard D. Maimed, Philadelphia, for petitioner. Martha R. Smith, Asst. Counsel, Harrisburg, for respondent, Department of Conservation and Natural […]

352 A.2d 221 Pennsylvania Tavern Association and P.U.B.L.I.C., an unincorporated association, by Robert E. Weaver, Vince ReDavid, Robert P. Latchaw, Barney Jardin, Fred Stair, Martin T. Schober, Paul Harding, William Latchaw, William Stafford, Horace Rost, Jr. and James K. Cavanaugh, Trustees Ad Litem, Plaintiffs v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Defendant. Elemar, Inc., […]

Pilchesky v. Redevelopment Authority of the City of Scranton. No. 273CD10.Commonwealth Court of Pennsylvania. April 5, 2011. Appeal from the Lackawanna County 08-CV-7706. Decisions Without Published Opinions Affirmed.

936 A.2d 1236 N. Lee LIGO and Richard P. Lednak, Appellants v. SLIPPERY ROCK TOWNSHIP and Robert Hesselgesser and Paul Dickey, in their capacity as Slippery Rock Township Supervisors and Paul E. Kiebler, IV. No. 2216 C.D. 2006.Commonwealth Court of Pennsylvania.Argued: October. 10, 2007. Decided: November 29, 2007. Page 1237 The Court of Common Pleas, […]

386 A.2d 1085 Charles A. Wallace, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1978 June 5, 1978. Unemployment compensation — Unemployed businessman — Self-employment — Control of business — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. A stockholder and officer of […]

611 A.2d 356 The STANDARD FIRE INSURANCE COMPANY, Petitioner v. INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1992. Decided June 3, 1992. Appeal from order and adjudication of Insurance Commissioner, No. PH91-01-10. Page 351 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Comm. of PA., Dept. 378CD03 08/05/2003 Bucks County Affirmed of Trans., Bureau of 02-6895-17-6 Driver Lic. v. Ladzenski Comm. of PA v. 1816CD02 08/06/2003 Philadelphia Affirmed $6,425.00; Esquilin, County and In re 00-995733 Reversed […]

710 A.2d 96 James A. NEWBREY v. The TOWNSHIP AND SCHOOL DISTRICT OF UPPER ST. CLAIR and Douglas A. Watkins, Township Manager, Appellants James A. NEWBREY Appellant v. The TOWNSHIP AND SCHOOL DISTRICT OF UPPER ST. CLAIR and Douglas A. Watkins, Township Manager. Commonwealth Court of Pennsylvania.Argued November 5, 1997. Decided March 24, 1998. Reargument […]

426 A.2d 1191 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Estate of Helen T. McBride, Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1981 February 25, 1981. Liquor license — Transfer — Volunteer fire company — Charitable institution — Liquor Code, Act of April 12, 1951, P.L. 90 — Corporate charter. 1. In a […]

814 A.2d 861 PPL Energyplus, LLC, Petitioner v. Commonwealth of Pennsylvania, Respondent. Delmarva Power Light Company t/a Conectiv Energy, Petitioner v. Commonwealth of Pennsylvania and Pennsylvania Public Utility Commission, Respondents. No. 525 M.D. 2001, 629 M.D. 2001.Commonwealth Court of Pennsylvania.Submitted: November 22, 2002. Filed: January 10, 2003. Page 862 John H. Isom, Harrisburg, for petitioner, […]

405 A.2d 1077 Angel Hopkins, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1979 September 13, 1979. Public assistance — Aid to Families with Dependent Children — Emergency shelter allowance — Sudden unexpected circumstances — Vacation of premises. 1. A housing citation with an order to vacate […]

677 A.2d 887 LODGE NO. 5 OF the FRATERNAL ORDER OF POLICE and Richard Costello, Appellants, v. CITY OF PHILADELPHIA and Edward G. Rendell and Richard Neal and William Berman. Commonwealth Court of Pennsylvania.Argued February 5, 1996. Decided June 10, 1996. Appeal from the Court of Common Pleas, Philadelphia County, No. 1322 March Term 1995, […]

Rainmaker Capital of Chestnut-hill, LLC v. Chestnuthill Township. No. 205CD10.Commonwealth Court of Pennsylvania. June 15, 2011. Appeal from the Monroe County Affirmed 9357 Civil 2009. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

541 A.2d 413 John A. Sippos, an Incompetent, by Irene Sippos, his Guardian, Appellant v. Eleanor B. Richards et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 22, 1988. May 12, 1988. Highways — Motion for judgment on the pleadings — Scope of appellate review — Error of law — Abuse of discretion — State Highway […]

500 A.2d 525 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Arthur Bartle, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1985 November 22, 1985. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of blood test — Vehicle Code, 75 Pa. C. S. § 1547. 1. Under provisions of […]

702 A.2d 1099 CORNELIUS ROSS, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (ARENA FOOTBALL LEAGUE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 27, 1997. Decided October 22, 1997. Reargument Denied December 22, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A95-2606. Susan Paczak, Pittsburgh, for petitioner. John W. Smart, Pittsburgh, for respondent and State […]

332 A.2d 581 Michael S. Novaselec, Appellant, v. Workmen’s Compensation Appeal Board and Jones Laughlin Steel Corporation, Appellees. Commonwealth Court of Pennsylvania.Argued January 9, 1975 February 19, 1975. Workmen’s compensation — Notice of accident — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Power of the Workmen’s Compensation Appeal Board […]

455 A.2d 239 Rodney Alliston et al., Appellants v. The City of Allentown, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued November 18, 1981 January 24, 1983. Labor — Enforcement of arbitration award — Uniform Arbitration Act, Act of April 25, 1927 P.L. 381 — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — […]

461 A.2d 910 H. Richard Bloom, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. June 29, 1983. Sewers — Accessible — Pump — Ordinance — Presumption — Due process. 1. A property is not rendered inaccessible to a sewer line, and thus exempt from connection, because it is lower in elevation than the […]

768 A.2d 357 FRANCIS M. TRAKES and GERTRUDE ZEBRASKI, Petitioners v. PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM, Respondent, PHYLLIS M. STRAWN, Petitioner v. PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM, Respondent, EARL M. STIDARD, JR., Petitioner v. PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM, Respondent. No. 2121 C.D. 1999, 2209 C.D. 1999, 2220 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 10, […]

459 A.2d 464 Catherine Latella, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Antoinette Uliano, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Evelyn B. Drake, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Margaret Capello, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, […]

763 A.2d 560 PSSU, LOCAL 668, OF SEIU, AFL-CIO, Petitioner v. PA LABOR RELATIONS BOARD, Respondent. No. 112 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: October 3, 2000. Filed: December 6, 2000. Bruce M. Ludwig, Philadelphia, for petitioner. Jennifer E. Will, Harrisburg, for respondent. Lisa K. Essman, Harrisburg, for intervenor, Com. Before: Honorable Bernard L. McGinley, Judge; […]

Emory SMITH, Petitioner v. Jeffrey A. BEARD, Ph.D. Secretary of the Department of Corrections, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 14, 2011. Decided July 26, 2011. Page 552 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 553 Emory Smith, pro […]

686 A.2d 56 PHILADELPHIA NEWSPAPERS, INC. Publisher of the Philadelphia Inquirer, Appellants, v. HAVERFORD TOWNSHIP, Haverford Township Police Department, Gary E. Hoover and Charles Brooks. Commonwealth Court of Pennsylvania.Argued October 7, 1996. Decided December 5, 1996. Appeal from The Court of Common Pleas, Delaware County, No. 96-1897. Page 57 Amy B. Ginensky, Philadelphia, for appellants. […]

429 A.2d 1262 St. Joe Zinc, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Kenneth R. Howard, Respondents. Commonwealth Court of Pennsylvania.Argued April 6, 1981 June 1, 1981. Workmen’s compensation — Referee — Findings of fact — Disfigurement — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Power […]

713 A.2d 1210 JAMES A. SMITH, CYPRIAN N. and BETTY J. GEBHART, Appellants v. THE ZONING HEARING BOARD OF CONEWAGO TOWNSHIP. Commonwealth Court of Pennsylvania.Argued: April 13, 1998. Decided June 29, 1998. Appeal from Court of Common Pleas, Adams County, No. 96-S-200, Kuhn, J. Page 1211 Judith Koper Morris, for appellants. Harold A. Eastman, Jr., […]

735 A.2d 134 Ronald Owen POOK, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF AUCTIONEER EXAMINERS, Respondent Commonwealth Court of Pennsylvania.Argued March 9, 1999. Filed June 16, 1999. Page 135 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 136 Lance J. Nelson, […]

6 A.3d 1081 Ericson v. Abramovitch. No. 142CD10.Commonwealth Court of Pennsylvania. October 4, 2010. Appeal from the Lackawanna County 2008-Civil-8154. Commonwealth Court of Pennsylvania Decisions Without Published Reversed and Remanded.

Michael F. GLEESON, M.D., Petitioner v. STATE BOARD OF MEDICINE, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 2005. Decided March 10, 2006. Publication Ordered June 7, 2006. Reargument En Banc Denied April 28, 2006. Petition for review from the State Board of Medicine, No. 0268-49-01. Page 431 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

286 A.2d 14 Pickar v. Owen J. Roberts School District. Commonwealth Court of Pennsylvania.Argued October 6, 1971 January 3, 1972. Taxes — Tax Refund Law, Act 1943, May 21, P. L. 349 — Assumpsit — The Local Tax Enabling Act, Act 1965, December 31, P. L. 1257 — Action for refund of taxes — Unconstitutionality […]

454 A.2d 1166 William Pollard, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 18, 1983. Unemployment compensation — Eligibility — Allocation of wages. 1. In determining the eligibility of an applicant for unemployment compensation benefits, wages must be included in the quarter in which they were received […]