Category: Pennsylvania Commonwealth Court Opinions

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 […]

431 A.2d 1096 In Re: Nomination Papers of Joseph F. Smith as the Candidate of a Political Body for the Office of Representative in the United States House of Representatives. David B. Glancey, Petitioner. Commonwealth Court of Pennsylvania. June 19, 1981. Elections — Nomination — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 […]

357 A.2d 725 Miles J. Lewis, Appellant v. Zoning Hearing Board of Lower Gwynedd Township, Township of Lower Gwynedd, Richard D. Weber and G. Edwin Brumbaugh, Appellees. Commonwealth Court of Pennsylvania.Argued April 9, 1976 May 21, 1976. Zoning — Nonconforming use — Delay in enforcement of zoning regulations — Vested rights — Scope of appellate […]

770 A.2d 805 NELSON EDWARDS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SEAR’S LOGISTIC SERVICES), Respondent. No. 1313 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: November 22, 2000. Filed: April 3, 2001. Before: Honorable Bernard L. Mcginley, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. Page 806 OPINION SENIOR JUDGE MIRARCHI Nelson Edwards […]

312 A.2d 109 Joseph J. Bleilevens, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued September 7, 1973 November 7, 1973. Civil service — Rules of the Pennsylvania Civil Service Commission — Burden of going forward — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Cause […]

379 A.2d 1080 Westmoreland Casualty Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Commonwealth of Pennsylvania, Respondents. Commonwealth of Pennsylvania and Department of Labor and Industry, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Westmoreland Casualty Company, Respondents. Commonwealth Court of Pennsylvania.Argued September 15, 1977 November 25, 1977. Workmen’s compensation […]

935 A.2d 81 Blancett-Maddock v. City of Pittsburgh Zoning Board of Adjustment. No. 805CD07.Commonwealth Court of Pennsylvania. October 9, 2007. Appeal from the Allegheny County SA No. 05-000752. Decisions Without Published Opinions Affirmed.

714 A.2d 526 Mark A. SEBEK, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs June 5, 1998. Decided July 10, 1998. Appeal from the Court of Common Pleas, Westmoreland County, No. 4563 of 1997, Scherer, President Judge. Page 527 Paul D. Boas, Pittsburgh, for appellant. […]

795 A.2d 449 Joseph Bellas/Lead Token and Richard Patskan/Token, Petitioners v. Unemployment Compensation Board of Review, Respondent. No. 3117 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: December 9, 1999. Filed: February 6, 2002. Page 450 Claudia Davidson, Pittsburgh, for petitioners Randall Brandes, Harrisburg, for respondent. Before: Honorable Joseph T. Doyle, President Judge[1] Honorable James Gardner Colins, Judge; […]

654 A.2d 37 MUTUAL PHARMACEUTICAL COMPANY, INC., Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. Commonwealth Court of Pennsylvania.Submitted: October 7, 1994. Decided: December 29, 1994. Appeal from No. B-324821. Affirmed. Page 38 Scott F. Cooper, for petitioner. David B. Washington, Asst. Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for respondent. Before SMITH and KELLEY, […]

432 A.2d 272 Roberta J. McGowan, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Beaver Valley Geriatric Center and Rockwood Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued May 8, 1981 July 15, 1981. Workmen’s compensation — Claim contest — Credibility. 1. In a workmen’s compensation case, the referee’s determination that a claim contest was […]

712 A.2d 791 JOSEPH MYERS, Petitioner v. THOMAS RIDGE, GOVERNOR; PENNSYLVANIA BOARD OF PROBATION AND PAROLE; MARTIN F. HORN, COMMISSIONER OF CORRECTIONS, Respondents. Commonwealth Court of Pennsylvania.Submitted November 21, 1997. Decided May 15, 1998. Page 792 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

741 A.2d 827 GENE W. MANZETTI, M.D. and GENE W. MANZETTI, M.D., P.C., Appellants v. THE MERCY HOSPITAL OF PITTSBURGH, EDWARD T. WENZKE, DR. RONALD V. PELLEGRINI, DR. ROSS R. DIMARCO, JR., DR. DENNIS MANNING, DR. HOWARD A. ZAREN, DR. WILLIAM HETRICK, DR. JOANN V. NARDUZZI, DR. Page 828 MITCHELL MASSIE, DR. ROBERT H. BORETSKY, […]

472 A.2d 749 The Pennsylvania Federation of Teachers et al., Petitioners v. The School District of Philadelphia et al., Respondents. Pennsylvania State Education Association et al., Petitioners v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor, et al., Respondents. Commonwealth Court of Pennsylvania.Argued December 6, 1983 March 7, 1984. Argued December 6, 1983, before President […]

Cephus MOORE, Petitioner v. STATE CIVIL SERVICE COMMISSION (DEPARTMENT OF CORRECTIONS), Respondent. No. 1274 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs: December 1, 2006. Decided: April 24, 2007. Page 81 Jennifer A. Nachamkin, Harrisburg, for petitioner. Jonathan W. Kunkel, Asst. Counsel and Suzanne N. Hueston, Acting Chief Counsel, Camp Hill, for respondent. BEFORE: SMITH-RIBNER, Judge, […]

877 A.2d 525 David Johns, Deceased, c/o Lori Jean Thomas, Petitioner v. Workers’ Compensation Appeal Board (Balmer Brothers Concrete Works), Respondent. No. 2717 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 29, 2005. Decided: June 14, 2005. Page 526 Kevin C. Allen, Lancaster, for petitioner. Dennis L. Platt, Philadelphia, for respondent. BEFORE: DORIS A. SMITH-RIBNER, […]

529 A.2d 78 Ernest Stuart Hendrickson, M.D., Petitioner v. Commonwealth of Pennsylvania, State Board of Medicine, Respondent. Commonwealth Court of Pennsylvania.Argued May 21, 1987. July 30, 1987. State Board of Medicine — Revocation of license to practice medicine and surgery — Failure to maintain malpractice insurance — Severity of penalty — Health Care Services Malpractice […]

655 A.2d 1086 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v. MONTGOMERY TOWNSHIP, Solomon Sultanik, Edward C. Latta, Volga Carlson, Shirley McHose, John W. Rex, J. Walter Rex, Jean M. Rex, Jules Pearlstine. Appeal of MONTGOMERY TOWNSHIP, Appellant. Commonwealth Court of Pennsylvania.Argued October 4, 1994. Decided March 9, 1995. Appeal from the Court of Common Pleas, No. 92-01791, […]

Stephanie BURKE v. CITY OF BETHLEHEM, Pennsylvania Department of Transportation, Commonwealth of Pennsylvania, Artsquest and Artsquest Foundation City of Bethlehem, Appellant. No. 254 C.D. 2010.Commonwealth Court of Pennsylvania.Argued September 13, 2010. Decided November 24, 2010. Appeal from the Court of Common Pleas, Northampton County, No. C-48-CV-2007-11352, 2009 WL 6997055, Beltrami, J. Gregory C. Kunkle, Bethlehem, […]

677 A.2d 357 John O. VARTAN, t/a/d/b/a Independent American Investments v. Steven R. REED, Mayor, City of Harrisburg; Oscar L. Douglas, Jr., City Clerk, City of Harrisburg; Joseph Link, Engineer, City of Harrisburg; Gina McBean, Chair of the Planning Commission, City of Harrisburg; Susheela Shende, Executive Secretary for the Planning Commission; Richard K. House, Sr., […]

558 A.2d 602 Deonne R. NEW, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 17, 1989. Decided May 16, 1989. Appeal from the Commonwealth Court, No. 2557 C.D. 1988, Palladino, J. Page 53 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Ruth HOUGH, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ACT COMPANIES), Respondent. No. 2198 C.D. 2006.Commonwealth Court of Pennsylvania.Argued June 14, 2007. Decided July 17, 2007. Page 1174 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1175 Charles E. Ganley, Waynesboro, for petitioner. […]

601 A.2d 864 Barbara FORSYTHE, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Submitted October 11, 1991. Decided January 2, 1992. Appeal from the Court of Common Pleas, Adams County, No. CC-306-90, Oscar F. Spicer, President Judge. Page 344 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

525 A.2d 852 Wilder Miller, P.C., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 13, 1987. Unemployment compensation — Appeal — Referee — Availability for work — Willful misconduct. 1. On appeal from a determination of the Office of Employment Security, an unemployment compensation referee is restricted […]

Parsons v. Philadelphia Parking Authority. No. 1899CD10.Commonwealth Court of Pennsylvania. July 18, 2011. Appeal from the Philadelphia County 05090 March Term 2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

521 A.2d 114, 521 A.2d 117 First Pennsylvania Bank, N.A., Appellant v. Lancaster County Tax Claim Bureau and Della Becker, Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1986 February 20, 1987. Real estate — Equity — Scope of appellate review — Tax sales — Mortgage. 1. The scope of review of the Commonwealth Court of […]

Leuschen v. Comm. of PA. No. 1668CD06.Commonwealth Court of Pennsylvania. June 8, 2007. Appeal from the Clarion County 2-CR-2003. Decisions Without Published Opinions Affirmed.

522 A.2d 118 Robert E. Sedor, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 6, 1987. Unemployment compensation — Willful misconduct — Warning — Employee handbook — Illness — Reporting off requirement. 1. The fact that an employee did not receive required verbal and written warnings in […]

425 A.2d 1176 William Kernick et al. v. Zoning Hearing Board of the Municipality of Penn Hills et al. Carl T. Valenti, Jr. and Nancy Valenti, his wife, Appellants. Commonwealth Court of Pennsylvania.Argued November 20, 1980 February 6, 1981. Zoning — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Variance Burden […]

567 A.2d 766 Daniel GIDDINGS, Petitioner, v. Mr. Herman TARTLER, Chairman of The Pennsylvania Board of Probation and Parole, Mr. Thomas A. Fulcomer, Superintendent of State Correctional Institution at Huntingdon, Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 22, 1989. Decided December 14, 1989. Page 176 Daniel Giddings, pro se. Arthur R. […]

Sacco v. Comm. of PA, Dept. of Revenue. No. 379CD10.Commonwealth Court of Pennsylvania. October 28, 2010. Appeal from the Beaver County 11866 of 2009. Commonwealth Court of Pennsylvania Decisions Without Published Affirmed. Page 358

527 A.2d 204 Samuel Farnell and Rosemary Farnell, h/w v. Winterloch Corporation and Edward Savastio, Esquire and Township of Nether Providence and Paul D. Nelson, Esquire. Township of Nether Providence, Appellant. Commonwealth Court of Pennsylvania.Argued December 10, 1986. June 12, 1987. Municipalities — Negligent implementation of policy — Duty — Enforcement of subdivision ordinance — […]

Housing Authority of the City of McKeesport v. Williams. No. 1040CD10.Commonwealth Court of Pennsylvania. January 4, 2011. Appeal from the Allegheny County SA 10-000196. Decisions Without Published Opinions Vacated and Remanded.

657 A.2d 1025 The BOROUGH OF BIZENTWOOD, Lesa A. Cranmer, Steel Roberts, Stephen L. Renz and James Trovato, and The Concerned Citizens of Brentwood Borough, an Association, Petitioners, v. DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. Commonwealth Court of Pennsylvania.Argued March 16, 1995. Decided April 13, 1995. Appeal of the order of Department of Community Affairs (DCA), […]

778 A.2d 1277 Catherine H. Hawes, Petitioner v. Public School Employes’ Retirement Board, Respondent. No. 1639 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: April 2, 2001. Filed: June 18, 2001. Page 1278 Before: Honorable Bernard L. Mcginley, Judge; Honorable Doris A. Smith, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION JUDGE SMITH Catherine H. Hawes petitions for […]

417 A.2d 1350 John Bosacco and L. J. Rendin, Appellants v. Redevelopment Authority of the City of Chester, Appellee. Commonwealth Court of Pennsylvania.Argued June 2, 1980 August 25, 1980. Argued June 2, 1980, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three. Appeal, No. 690 C.D. 1980, from the Order of the […]

499 A.2d 713 In Re: Condemnation by Redevelopment Authority of City of York, York County, Pennsylvania, Appropriating in Fee Simple Certain Land of Cupid, Inc. in the Sixth Ward of the City of York, York County, Penna. Cupid, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued September 9, 1985 October 23, 1985. Argued September 9, 1985, before […]

848 A.2d 1089 Municipal Authority of Hazle Township v. James Lagana. Municipal Authority of Hazle Township v. Lagana Enterprises, Inc. Municipal Authority of Hazle Township v. James Lagana and Lagana Enterprises, Inc. James Lagana v. Municipal Authority of Hazle Township. Appeal of: James Lagana and Lagana Enterprises, Inc. No. 1479 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: […]

505 A.2d 364 Thomas Wideman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1985 February 20, 1986. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Tardiness — Delay […]

809 A.2d 1088 Harry G. Kiser, Petitioner v. Workers’ Compensation Appeal Board (Weleski Transfer, Inc.) Respondent. No. 986 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: August 16, 2002. Filed: October 31, 2002. Page 1089 Michael A. Johnson, Mt. Pleasant, for petitioner. Gerald W. Yanity, Latrobe, for respondent. Before: Honorable Dan Pellegrini, Judge, Honorable Mary Hannah Leavitt, Judge […]

647 A.2d 275 William KELLY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PEPSI COLA BOTTLING CO. OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 1, 1994. Decided August 17, 1994. Appeal from the Workmen’s Compensation Appeal Board’s, No. A93-0379. Page 618 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

457 A.2d 1035 In the Matter of Revocation of Hotel Liquor License Etc. Bob Humphreys, Inc., Appellant. Commonwealth Court of Pennsylvania. March 31, 1983. Liquor licensing — Suspension — Hearing de novo — Scope of appellate review — Liquor Code, Act of April 12, 1951, P.L. 90 — Notice. 1. When the court of common […]

638 A.2d 336 HERSHEY CHOCOLATE CO., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LASHER), Respondent. Commonwealth Court of Pennsylvania.Argued December 15, 1993. Decided February 8, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A90-371. Page 24 Bruce D. Bagley, for petitioner. Daniel K. Bricmont, for respondent. Before CRAIG, President Judge, and DOYLE, COLINS, SMITH and […]

317 A.2d 317 Township of Montgomery, Appellant, v. Market Center Realty Co., Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1973 March 22, 1974. Zoning — Shopping center development — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 — Notice of decision — Time of notice — Remand. 1. Under provisions of the […]

963 A.2d 622 Edwin R. THOMPSON v. ZONING HEARING BOARD OF HORSHAM TOWNSHIP Labrepco Ventures, L.P., Appellant. No. 1193 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: November 13, 2008. Decided: January 12, 2009. Appeal from the Court of Common Pleas, Montgomery County, No. 08-06476, Drayer, Jr., J. Page 623 Marc D. Jonas, Blue Bell, for appellant. Stephen […]

585 A.2d 1129 Gail P. HILL, Appellant, v. PORT AUTHORITY TRANSIT SYSTEM OF ALLEGHENY COUNTY, Appellee. Commonwealth Court of Pennsylvania.Argued October 1, 1990. Decided January 4, 1991. Reargument Denied March 4, 1991. Appeal from the Common Pleas Court, Allegheny County, No. G.D. 82-22473, Richard G. Zeleznik, J. Page 133 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

675 A.2d 802 NEW PLAN REALTY TRUST v. TAX REVIEW BOARD OF THE CITY OF PHILADELPHIA Appellant. Commonwealth Court of Pennsylvania.Argued February 9, 1996. Decided May 3, 1996. Appeal from the Court of Common Pleas, Philadelphia County, No. 0137, Oct. 1994 Term, Avellino, J. John D. Christmas, Asst. City Sol., for appellant. Mark E. Kogan, […]

397 A.2d 873 Maureen C. Reagan, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 February 21, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Transportation difficulties — […]

720 A.2d 1074 ELLA THOMPSON, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SACRED HEART MEDICAL CENTER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 2, 1998. Decided October 30, 1998. Reargument Denied December 15, 1998. Appeal from the Workers’ Compensation Appeal Board, Nos. A95-2758 and 195-3010. Page 1075 E.L. Hannaway, Philadelphia, for petitioner. Peter M. Harrison, […]

Alfred J. QUASTI, Jr., Appellant v. NORTH PENN SCHOOL DISTRICT and Marianne Cleary, Coordinator of Transportation, North Penn School District, in her official capacity and not individually. No. 2300 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted June 30, 2006. Decided September 7, 2006. Appeal from the Court of Common Pleas, Montgomery County, No. 05-20337, Albright, J. Page […]

688 A.2d 1264 IN RE: THE APPEAL OF DILLON REAL ESTATE CO., INC., and Dillon Companies, Inc., Trading and Doing Business as Turkey Hill Minit Markets, from the Decision of the Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania. Commonwealth Court of Pennsylvania.Argued December 10, 1996. Decided February 12, 1997. Appeal From […]

481 A.2d 972 Alfred R. Boettger, Plaintiff v. Robert E. Miklich, et al., Defendants. Commonwealth Court of Pennsylvania.Argued June 6, 1984 August 30, 1984. Civil rights — Jurisdiction — Officer of the Commonwealth — Commonwealth employee — State police — Federal Civil Rights Act, 42 U.S.C. § 1983 — Trespass — Sovereign immunity — Invasion […]

575 A.2d 971 William L. MARSHALL, Petitioner, v. Fred W. JACOBS, Chairman of Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 16, 1990. Decided June 4, 1990. Appeal from the Board of Probation and Parole. Page 353 William L. Marshall, pro se. Arthur R. Thomas, Asst. Chief Counsel, with […]

585 A.2d 604 Michael JAYNE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KING FIFTH WHEEL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 12, 1990. Decided January 11, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1369. Page 212 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

459 A.2d 880 Helen L. Sampson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 9, 1983. Unemployment compensation — Wilful misconduct — Reasonableness of request — Reasonableness of refusal. 1. In an unemployment compensation case the employer has the burden of proving that an involuntary termination was […]

375 A.2d 869 Nancy Martella, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 10, 1976 July 19, 1977. Public assistance — Aid to families with dependent children — 42 U.S.C. § 602 — Failure to cooperate in establishing paternity — Failure to promulgate regulations — Regulations of the […]

490 A.2d 483 Mary C. Murphy, Appellant v. Township of Abington and Albert Herrman, Manager, Township of Abington, Appellee. Commonwealth Court of Pennsylvania.Argued December 13, 1984 April 2, 1985. Policemen and firemen — Act of June 26, 1976, P.L. 424 — Volunteer firefighter — Death in the performance of duties — Certification by municipality — […]

465 A.2d 132 Philadelphia College of Osteopathic Medicine, Petitioner v. Workmen’s Compensation Appeal Board (Robert L. Lucas), Respondents. Commonwealth Court of Pennsylvania.Argued April 7, 1983 September 15, 1983. Workmen’s compensation — Burden of proof — Disability — Medical testimony — Available work. 1. A workmen’s compensation claimant who contends that a condition of disability is […]

696 A.2d 938Commonwealth Court of Pennsylvania. June 1997. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION_______ _______ _____ _____________ ___________ Bruder v. Comm., Dept. of Trans., Bureau of Driver Lic… 2602CD96 6/11/97 Philadelphia County Affirmed 96 August 435 O’Neill v. Comm., Dept. of Corrections ………………. 2764CD96 6/11/97 Huntingdon County Affirmed 92-2052 Adelman v. Comm., Dept. […]

727 A.2d 169 Carol M. CAPTLINE and EQUIBANK, N.A., as Co-Executors of the Estate of Mike Mazzaro v. COUNTY OF ALLEGHENY, Carol Mazzaro, formerly Carol M. Captline, Appellant. Carol M. Captline and Equibank, N.A., as Co-Executors of the Estate of Mike Mazzaro v. The County of Allegheny, Appellant. Commonwealth Court of Pennsylvania.Argued: February 9, 1999. […]

364 A.2d 755 Commonwealth v. Mariano J. DiMarco and Mary E. DiMarco. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Mariano J. DiMarco and Mary E. DiMarco, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1976 October 6, 1976. Liquor — Violations by licensee — Hearing de […]

318 A.2d 388 Olin W. Freeman, Appellant, v. Consolidated Comstock Co., Inc., Pacific Employers Insurance Company, Insurance Carrier, and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued January 11, 1974 April 18, 1974. Workmen’s compensation — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law — Referee — […]

329 A.2d 532 Local 1400, Chester City Fire Fighters Association, Affiliated with the International Association of Fire Fighters, AFL-CIO, by its Trustee Ad Litem James McDonald, President of Local 1400, and on his own behalf, Appellants, v. John H. Nacrelli, Mayor of Chester, Pennsylvania, and Councilmen of Chester, Pennsylvania, James Sharp, Leo Holmes, Clement McGovern […]

537 A.2d 397 Lisa Frankenfield, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 1987. February 19, 1988. Department of Public Welfare — Public assistance — Request for reconsideration — Abuse of discretion — Emancipated minor — Independence — Pregnancy — Aid to Families with Dependent Children. 1. […]

673 A.2d 445Commonwealth Court of Pennsylvania. March 1996. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Middletown Township Board of Supervisors v. Middletown Township Zoning Hearing Board ……. 2382CD95 3/12/96 Bucks County Affirmed 94963919-5 Segeleon v. Scott Township ………… 2389CD95 3/13/96 Allegheny County Affirmed SA 1570-1994 Harad v. City of […]

531 A.2d 871 Marlyn R. Levan, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. October 2, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Abuse of discretion — Error of law — Collateral attack — Vehicle Code, 75 Pa. C. S. § 3743 — Frivolous […]

612 A.2d 546 SPRING GULCH CAMPGROUND and Selective Risk Insurance Companies, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (SCHNEEBELE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 28, 1992. Decided June 22, 1992. Petition for Allowance of Appeal Denied January 6, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1078. Page 554 Hanna A. Dunlap, […]

399 A.2d 825 Martha B. Mihelic, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 9, 1979 April 9, 1979. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2891 — Notice — Mailing — Sufficient evidence. 1. Appeals from determinations […]

603 A.2d 288 ZINC CORPORATION OF AMERICA, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued June 10, 1991. Decided February 3, 1992. Reargument Denied March 4, 1992. Appeal from the Department of Environmental Resources. Page 364 Paul E. Gutermann, for petitioner. Roger E. Kluck, for respondent. Before SMITH and PELLEGRINI, JJ., and […]

610 A.2d 509 Mary PHILLIPS v. CITY OF PHILADELPHIA and Pennsylvania Department of Transportation. Appeal of CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued March 3, 1992. Decided May 22, 1992. Appeal from the Common Pleas Court, Philadelphia County, No. 670 March Term 1987, Paul Ribner, J. Page 176 Marie Lasota, Asst. City Sol., for appellant. […]

379 A.2d 643 Edward L. Mileski, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1977 November 10, 1977. Unemployment compensation — Notice of appeal — Opportunity to be heard — Hearing — Due process — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — […]

567 A.2d 1127 Kim McDONALD, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs October 27, 1989. Decided December 29, 1989. Appeal from the Court of Common Pleas, Northampton County, No. 1985-C-9470, Alfred T. Williams, Jr., President Judge. Page 277 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

365 A.2d 172 Bicentennial Commission of Pennsylvania and Ernest P. Kline, Lt. Governor of the Commonwealth of Pennsylvania and Chairman of the Bicentennial Commission of Pennsylvania, and Commonwealth of Pennsylvania, by Robert P. Kane, Attorney General, Plaintiffs v. The Olde Bradford Company, Inc., W. Thomas Morris and Edith Dixon Morris, Defendants. Commonwealth Court of Pennsylvania.Argued […]

437 A.2d 788 Frank Bernardi, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Interstate Amiesite Corp., Respondents. Commonwealth Court of Pennsylvania.Argued October 8, 1981 December 8, 1981. Workmen’s compensation — Credibility — Confused testimony — Conflicting medical evidence — Capricious disregard of competent evidence. 1. In a workmen’s compensation case questions of credibility […]

598 A.2d 1361 Shelly FRIEDMAN, Petitioner, v. Christopher A. LEWIS, Secretary of the Commonwealth of Pennsylvania, the Honorable Paul Lutty and the Honorable Robert Gallo, individually and in their capacities as Judges of Allegheny County Court of Common Pleas, Respondents. Commonwealth Court of Pennsylvania.Argued May 1, 1991. Decided November 6, 1991. Appeal from the Commonwealth […]

Antonio BUNDY, Petitioner v. Jeffrey BEARD, Secretary for the Pa. Department of Corrections, Respondent. No. 4 M.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs April 5, 2007. Decided May 22, 2007. Page 724 Antonio Bundy, petitioner, pro se. Michael J. McGovern, Asst. Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent. BEFORE: LEADBETTER, President […]

405 A.2d 1153 Robert Andrukaitis, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued March 9, 1979 September 24, 1979. Appeals — Timeliness of appeal — Adjudication — Judicial Code, 42 Pa. C.S. § 5571 — Request for reinstatement by police officer. 1. Under the Judicial Code, 42 Pa. C.S. § […]

635 A.2d 732 Regina M. KURTIAK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (WESTERN SIZZLIN’ STEAK HOUSE), Respondent, WESTERN SIZZLIN’ STEAK HOUSE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (KURTIAK), Respondent. Commonwealth Court of Pennsylvania.Submitted November 24, 1993. Decided December 23, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1153. Page 638 [EDITORS’ NOTE: THIS PAGE […]

328 A.2d 567 The County of Allegheny, the City of Pittsburgh, the School District of Pittsburgh and Frank Venura, Louis H. Artuso, John J. Fellon, Joseph E. Feledick, Glenn C. Jones, Leo J. McLaughlin and Samuel Rudick, Members of the Board of Property Assessment, Appeals and Review, Appellants, v. Three Rivers Management Corporation and Pittsburgh […]

423 A.2d 761 James E. Kopelman v. The Zoning Hearing Board of the City of New Kensington and Rivercrest Civic Association. Rivercrest Civic Association, Appellant. Commonwealth Court of Pennsylvania.Argued November 17, 1980 December 12, 1980. Zoning — Special exception — Legally permitted use — Public welfare — Traffic. 1. A special exception request under a […]

456 A.2d 736 John Harrison, Appellant v. County of Lackawanna, Appellee. Commonwealth Court of Pennsylvania.Argued December 16, 1982 March 4, 1983. Argued December 16, 1982, before Judges ROGERS, WILLIAMS, JR. and MacPHAIL, sitting as a panel of three. Appeal, No. 9 C.D. 1982, from the Order of the Court of Common Pleas of Lackawanna County […]

271 A.2d 895 Ward et al. v. Hampden Township et al. Commonwealth Court of Pennsylvania.Argued December 9, 1970 December 15, 1970. Nuisances — Sewage disposal plant — Nuisance per se — Prospective nuisance — Injunctive relief — Discretion of township officers. 1. The operation of a sewage treatment plant is not a nuisance per se. […]

769 A.2d 1233 JOHN MOOREHEAD v. CIVIL SERVICE COMMISSION OF ALLEGHENY COUNTY APPEAL OF: ALLEGHENY COUNTY AND CIVIL SERVICE COMMISSION OF ALLEGHENY COUNTY JOHN MOOREHEAD v. NO: 1387 C.D. 2000 CIVIL SERVICE COMMISSION OF ALLEGHENY COUNTY APPEAL OF: ALLEGHENY COUNTY AND CIVIL SERVICE COMMISSION OF ALLEGHENY COUNTY No. 1386 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: November […]

874 A.2d 702 Hershey Entertainment and Resorts Company v. Dauphin County Board of Assessment Appeals, Appellant. No. 1617 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: April 5, 2005. Order Filed: May 18, 2005. Appeal from the Court of Common Pleas, Dauphin County, No. 5890 CV 2001 TX, Bratton, J. Page 703 Carl G. Wass, Harrisburg, for appellant. […]

464 A.2d 576 In Re: Appeal of Newtown Racquetball Associates From the Newtown Township Zoning Hearing Board. Newtown Racquetball Associates, Appellant. In Re: Appeal by Newtown Racquetball Associates of Preliminary Approval by the Board of Supervisors of Newtown Township of the Preliminary Plan of Newtown Park and Swimming Club, Inc. to the Newtown Township Zoning […]

481 A.2d 1237 Samuel L. McGhee, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. September 25, 1984. Motor vehicles — Points — Non-resident driver — Vehicle Code, 75 Pa. C. S. §§ 1535, 1539 and 1546. 1. It is not improper under provisions of the Vehicle Code, 75 Pa. C. S. §§ 1535, […]

937 A.2d 623 SIGN INNOVATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (AYERS), Respondent Ron Ayers, Petitioner v. Workers’ Compensation Appeal Board (Sign Innovation), Respondent. Nos. 681 C.D. 2007, 748 C.D. 2007.Commonwealth Court of Pennsylvania.Argued October 9, 2007. Decided: December 4, 2007. Page 624 Daniel K. Bricmont, Pittsburgh, for designated appellant, Ronald Ayers. Regis J. Moeller […]

480 A.2d 382 Arthur D. Murphy, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, White Haven Center, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1984 August 30, 1984. Civil service — Burden of proof — Removal — Scope of appellate review — Administrative Agency Law, 2 Pa. C. S. § 505 — Evidence — […]

CITY OF ERIE v. Pat CAPPABIANCA, James T. Casey, Ian Murray, Joseph Sinnott, and James N. Thompson, Appellants. No. 368 C.D. 2005.Commonwealth Court of Pennsylvania.Argued June 10, 2005. Decided July 20, 2005. Appeal from the Court of Common Pleas, Erie County, No. 90094-2004, Cunningham, J. Page 824 Gregory A. Karle, Erie, for appellants. Kenneth A. […]

659 A.2d 1071 Thomas Joseph MAGGIANO, Petitioner v. PENNSYLVANIA STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS, AND SALESPERSONS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 31, 1995. Decided May 25, 1995. Appeal from State Board of Vehicle Manufacturers, Dealers, and Salespersons (“Board”), No. 0274-60-91, File No. 90-60-01538. Page 1072 William M. Spalding, for petitioner. Wade […]

539 A.2d 26 Youngwood Borough Police Department, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Youngwood Borough Police Department v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board. The Borough of Youngwood, Petitioner. Commonwealth Court of Pennsylvania.Argued November 20, 1987. March 16, 1988. Pennsylvania Labor Relations Board — Furlough of police Officer — Temporary […]

546 A.2d 1338 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Hollywood Social Club, Appellee. Commonwealth Court of Pennsylvania. September 6, 1988. Liquor — Revocation of liquor license — Scope of appellate review — Error of law — Abuse of discretion — Modification of penalty — Remand. 1. Review by the Commonwealth Court of […]