Category: Pennsylvania Commonwealth Court Opinions

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 […]

575 A.2d 640 VACATION CHARTERS, LTD., Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 3, 1990. Decided May 16, 1990. Petition for Allowance of Appeal Granted January 17, 1991. Appeal from the Public Utility Commission, No. C-881993. Page 180 James A. Swetz, Cramer, Swetz McManus, Stroudsburg, for petitioner. Terrence J. Buda, […]

13 A.3d 541 Borough of Walnutport v. Timothy Dennis, Appellant. No. 1518 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: September 14, 2010. Filed: December 3, 2010. BEFORE: PELLEGRINI, Judge; BUTLER, Judge; FLAHERTY, Senior Judge. OPINION BY SENIOR JUDGE FLAHERTY Timothy Dennis (Dennis) appeals from an order of the Court of Common Pleas of Northampton County (trial court) […]

565 A.2d 206 PENNSYLVANIA POWER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CONNER), Respondents. (Two Cases) PENNSYLVANIA POWER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HIGGINS), Respondents. PENNSYLVANIA POWER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SUDAK, III), Respondents. PENNSYLVANIA POWER COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (HARGREAVES), Respondents. PENNSYLVANIA POWER COMPANY, Petitioner, v. […]

844 A.2d 62 Pittsburgh Palisades Park, LLC, Petitioner v. Pennsylvania State Horse Racing Commission, and Presque Isle Downs Inc., Respondents. No. 525 M.D. 2003.Commonwealth Court of Pennsylvania.Argued: December 10, 2003. Filed: March 4, 2004. Page 63 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

437 A.2d 790 Rockwell International, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and John B. Nagle, Respondents. Commonwealth Court of Pennsylvania.Argued October 9, 1981 December 9, 1981. Workmen’s compensation — Notice of injury — Credibility — Conflicting evidence — Medical testimony. 1. In a workmen’s compensation case questions of credibility are for the […]

375 A.2d 829 Commonwealth of Pennsylvania, Unemployment Compensation Board of Review v. Leon F. Turner, Appellant. Commonwealth Court of Pennsylvania.Argued June 9, 1977 July 13, 1977. Unemployment compensation — Finding of fact — Substantial evidence — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Violation of rules — Disregard […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ——- —— —- ————- ———– Osborne v. West 847CD03 12/10/2003 Chester County Affirmed Vincent Township 02-09878 City of Philadelphia 891CD03 12/10/2003 Philadelphia Reversed v. Williams County 3990 Sept. 2002 Upper Merion Township 1296CD03 12/10/2003 Montgomery Affirmed v. DeMetro County […]

823 A.2d 209 Westinghouse Electric Corporation, Petitioner v. Workers’ Compensation Appeal Board (Weaver), Respondent. No. 1614 C.D. 2002, 1614 C.D. 2002Commonwealth Court of Pennsylvania.Submitted: December 20, 2002. Filed: February 14, 2003. Order filed: May 7, 2003. ORDER AND NOW, this 7th day of May, 2003, it is ordered that the opinion of February 14, 2003, […]

551 A.2d 328 CNG Coal Company, a Corporation, Appellant v. Greene County Board of Assessment and Revision of Taxes, Appellee. Commonwealth Court of Pennsylvania.Argued May 23, 1988. December 2, 1988. Taxation — Assessment of real property — Fair market value — Scope of review — The Fourth to Eighth Class County Assessment Law, Act of […]

405 A.2d 1083 In Re: Appeal of B-K Properties. B-K Properties, Appellant. Commonwealth Court of Pennsylvania.Argued April 3, 1979 September 13, 1979. Zoning — Exclusionary zoning — Police power — Minimum lot size — Public welfare. The court affirmed the order of the lower court on the opinion of Judge SUGERMAN. Judge CRAIG filed a […]

552 A.2d 714 Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, Bruce L. Yoder and Dorothy C. Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. PBS Coals, Inc., Appellant. Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, and Bruce Yoder v. PBS Coals, Inc., […]

429 A.2d 1259 National Aluminum Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 8, 1981 June 1, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Change of […]

842 A.2d 1028 Larry E. Kopko, Sheriff of Warren County, Jacob Sack, Deputy Sheriff of Warren County, Rick Hernan, District Attorney of Warren County, William H. Romine, Sheriff of Mercer County, Mark D. Yassem, Deputy Sheriff of Mercer County, James Epstein, District Attorney of Mercer County, Steven A. Evans, Sheriff of Bradford County, Michael Van […]

578 A.2d 555 BROWN TRANSPORT CORPORATION, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 4, 1990. Decided June 22, 1990. Appeal from the Pennsylvania Human Relations Commission, No. E-30889-D. Page 546 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

397 A.2d 479 Allen N. Brunwasser, Plaintiff v. Barton Fields, Secretary of the Commonwealth, Defendant. Commonwealth Court of Pennsylvania.Argued November 1, 1978 February 9, 1979. Elections — Administrative remedy — Jurisdiction of courts — Election Code, Act 1937, June 3, P.L. 1333 — Enjoining issuance of certificate of election — Violation of election laws — […]

834 A.2d 1247 Patricia M. Smith v. Tax Claim Bureau of Pike County, Appeal of: Jerry Bellarmino No. 817 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: September 11, 2003. Filed: October 31, 2003. Page 1248 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1249 […]

532 A.2d 537 Harold J. Epting and Margaret Hellinger, Appellants v. Marion Township Zoning Hearing Board and Marion Township, Appellees. Commonwealth Court of Pennsylvania.Argued April 24, 1987. October 22, 1987. Zoning — Abandonment of nonconforming use — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact — Substantial […]

712 A.2d 345 Carol WHITE, Appellant v. CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued October 10, 1997. Decided April 30, 1998. Appeal from the Common Pleas Court, Philadelphia County, No. 1551 August Term, 1996, Cohen, J. Adrian J. Moody for appellant. Alan C. Ostrow for appellee. Before COLINS, President Judge, SMITH, J. and LORD, Senior […]

551 A.2d 1142 Newport Township, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued November 1, 1988. December 20, 1988. Pennsylvania Human Relations Commission — Employment discrimination — Scope of review — Burden of proof — Best able and most competent — Subjective employment criteria — Pennsylvania Human Relations Act, […]

568 A.2d 1334 Michael RANSON, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 22, 1989. Decided November 29, 1989. Designated as Opinion to be Reported January 25, 1990. Appeal from the Pennsylvania Board of Probation and Parole, No. 3646M. Page 540 Wayne S. Melnick, […]

804 A.2d 147 Society Created to Reduce Urban Blight (SCRUB), Mary Cawley Tracy, Councilman David Cohen, Carol Sander and The Bridesburg Civic Association v. Zoning Board of Adjustment of the City of Philadelphia, Arsenal Business Center, and Eller Media Company Appeal of Arsenal Business Center and Eller Media Company. No. 602 C.D. 2001.Commonwealth Court of […]

453 A.2d 66 George R. Kemp and Ann E. Kemp, his wife v. The White Oak Zoning Hearing Board. Borough of White Oak, Appellant. Commonwealth Court of Pennsylvania.Argued May 3, 1982 December 13, 1982. Zoning — Scope of appellate review — Professional office. 1. In zoning cases, the scope of review of the Commonwealth Court […]

564 A.2d 564 John CANNIZZARO, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, State Real Estate Commission, Respondents. Anthony CANNIZZARO, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, State Real Estate Commission, Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1989. Decided October 6, […]

645 A.2d 389 CARNEGIE MELLON UNIVERSITY and Niagara Fire Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (LENZ), Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1993. Decided June 28, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1121. Page 393 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

505 A.2d 647 David Englerth, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 7, 1986. Pennsylvania Board of Probation and Parole — Recommitment as technical parole violator — Religious foundation for drug rehabilitation program. 1. A parolee who leaves a drug rehabilitation program in violation of […]

383 A.2d 985 Mable Smiley, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1978 March 30, 1978. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Words and phrases — Wilful misconduct — Unemployment Compensation Law, […]

482 A.2d 281 David Fink and Tobi Fink, his wife, Appellants v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1984 September 24, 1984. Eminent domain — Scope of appellate review — Error of law — Abuse of discretion — Impeachment of jury verdict — Inadequate verdict — Unresponsive answer — Prejudice — […]

443 A.2d 1381 Hoffer Transportation Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Bessie Gaymon, Mother of Rufus Gaymon, Deceased, Respondents. Commonwealth Court of Pennsylvania.Argued: November 19, 1981 April 28, 1982. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Children — Dependent — Waiver. […]

808 A.2d 296 Gary Majors, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1141 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: August 30, 2002. Filed: October 2, 2002. Page 297 Maribeth Schaffer, Ebensburg, for petitioner. Arthur R. Thomas, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Doris A. Smith-Ribner, Judge; Honorable Jim […]

447 A.2d 701 Robert G. High et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 1, 1982 July 16, 1982. Unemployment compensation — Strike — Lockout — Return to status quo — Change of status. 1. Unemployment compensation benefits are intended to be paid to those […]

596 A.2d 1271 CITY OF WILKES-BARRE, Appellant, v. WILKES-BARRE FIREFIGHTERS ASSOCIATION, LOCAL 104, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Appellee. Commonwealth Court of Pennsylvania.Argued June 13, 1991. Decided August 23, 1991. Appeal from the Common Pleas Court of Luzerne County, No. 1750-C of 1990, Bernard Brominski, J. Page 169 Mark A. Van Loon, for appellant. Thomas […]

382 A.2d 1295 Otis Bracy, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1978 March 7, 1978. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absenteeism — Hearsay — Corroboration — Summaries — Fair hearing 1. An […]

457 A.2d 182 Olindo Posterivo, Petitioner v. Workmen’s Compensation Appeal Board (United Parcel Service), Respondents. Commonwealth Court of Pennsylvania.Argued February 2, 1983 March 30, 1983. Workmen’s compensation — Rehearing — Abuse of discretion — Scope of appellate review. 1. In a workmen’s compensation case the decision of whether to grant or deny a rehearing is […]

600 A.2d 244 FEDERAL KEMPER INSURANCE COMPANY, Petitioner, v. INSURANCE DEPARTMENT OF the COMMONWEALTH of Pennsylvania, Constance B. Foster, Insurance Commissioner, Respondents. Commonwealth Court of Pennsylvania.Argued June 12, 1991. Decided November 25, 1991. Appeal from the Commonwealth Court, No. 2316 C.D. 1990, Smith J. Page 546 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

980 A.2d 749 HARLEYSVILLE HOMESTEAD, INC., Appellant v. LOWER SALFORD TOWNSHIP AUTHORITY. No. 732 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: June 8, 2009. Decided: August 28, 2009. Appeal from the Court of Common Pleas, Montgomery County, No. 0019645, Albright, J. Page 750 Neil Andrew Stein, Blue Bell, for appellant. Eric B. Smith, Norristown, for appellee. BEFORE: […]

604 A.2d 1173 RIVERSIDE SCHOOL BOARD, Edward Martz, Merle Davis, Romayne Nerch, Esther Ozark, Perina Janeski, Patricia Breymeier, Richard Wielebinski and Joseph Kobeski, Appellants, v. Thomas M. KOBESKI, Appellee. Commonwealth Court of Pennsylvania.Argued December 16, 1991. Decided February 28, 1992. Appeal from the Court of Common Pleas, Lackawanna County, No. 91 Civil 1005, James J. […]

989 A.2d 89 City of Wilkes-Barre Police Pension Fund v. Kenney. No. 1334CD09.Commonwealth Court of Pennsylvania. February 3, 2010. Appeal from the Luzerne County 1779 of 2009. Decisions Without Published Opinions. Reversed.

281 A.2d 251 Cerceo v. Darby. Salerno v. Darby. Commonwealth Court of Pennsylvania.Argued May 6, 1971 September 7, 1971. Suspension of police officers — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Due process — Notice of charges — Waiver of notice — Waiver of due process requirements. 1. Failure to […]

670 A.2d 221 INDEPENDENCE BLUE CROSS, Petitioner, v. PENNSYLVANIA INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1995. Decided January 17, 1996. Reargument Denied February 15, 1996. Jay H. Calvert, Jr., for petitioner. Amy L. Weber, Department Counsel, for respondent. Matthew M. Strickler, for intervenors. Before SMITH and PELLEGRINI, JJ., and NARICK, Senior Judge. […]

315 A.2d 908 Thomas W. Paisley, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued January 10, 1974 February 20, 1974. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Conditions as to employment — Fact question — Statements to prospective employer — […]

276 A.2d 331 Columbia Packagings, Inc. and Employers Mutual Casualty Company v. Anne C. Leffler. Commonwealth Court of Pennsylvania.Argued March 9, 1971 April 13, 1971. Workmen’s compensation — Computation of total wages for compensation purposes — Employment for less than thirteen weeks — Work available standard — Workmen’s Compensation Act, 1915, June 2, P. L. […]

475 A.2d 974 Bethlehem Steel Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Furnari, Jr.), Respondents. Commonwealth Court of Pennsylvania.Argued October 6, 1983 May 25, 1984. Workmen’s compensation — Credibility — Findings of fact — Power of Workmen’s Compensation Appeal Board. 1. Questions of credibility and the resolution of conflict in the evidence in a workmen’s […]

The COUNTY OF DAUPHIN and Joseph and Jacalyn Lahr, Appellants v. CITY OF HARRISBURG, Mayor Linda D. Thompson, Paul P. Wambach Treasurer, Daniel C. Miller, Controller, Gloria Martin Roberts, President City Council, Kelly Summerford, Susan Brown Wilson, Brad Koplinski Wanda D. Williams, Patty Kim, and Eugenia Smith, City Council Members. No. 1668 C.D. 2010.Commonwealth Court […]

454 A.2d 1167 Compass Coal Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Game Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1982 January 18, 1983. Mining — Reservation of mineral rights — Intent of parties — Burden of proof — Strip mining. 1. A reservation of the right to mine coal contained in a […]

513 A.2d 521 Paul F. Gaynor, Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent Commonwealth Court of Pennsylvania.Argued December 12, 1985 July 29, 1986. State Board of Pharmacy — Revocation of pharmacist’s license — Dispensing illegal drugs — Conviction — Pendency of appeal — Pharmacy Act, Act of September 27, 1961, P.L. 1700 […]

441 A.2d 816 Miriam Green, Petitioner v. The Jenkintown School District, Respondent. Commonwealth Court of Pennsylvania.Argued December 18, 1981 March 1, 1982. Schools — Demotion of tenured employe — Burden of proof — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Arbitrariness — Realignment of staff — Decline of interest […]

822 A.2d 92 John Harold Alexander v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1546 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: January 17, 2003. Filed: March 19, 2003. Order Filed: May 20, 2003. ORDER NOW, May 20, 2003, having considered appellant’s application for reconsideration, the application is denied. Timothy P. Wiles, […]

566 A.2d 1267 COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Petitioner, v. Sharon A. NOUTCH, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1989. Decided November 30, 1989. Appeal from the Civil Service Commission. Page 49 Timothy P. Wole, Asst. Chief Counsel, with him, Arthur R. Thomas, Asst. Chief Counsel, and Robert A. Greevy, […]

827 A.2d 594 Delaware County, Individually and on behalf of all others similarly situated v. J.P. Morgan Chase Company, Mellon Financial Corporation, PNC Financial Services Group, Inc., and John Doe Banks Nos. 1 Through 300, et al. v. PNC Bank, National Association (sued as PNC Financial Services Group, Inc.) v. The Commonwealth of Pennsylvania, and […]

664 A.2d 680 Kenneth HANSELMAN, Darryl Lengle and Marco Gasper v. CONSOLIDATED RAIL CORPORATION, Pennsylvania Department of Transportation, Commonwealth of Pennsylvania Public Utilities Commission, Harmar Township and Allegheny County. Appeal of CONSOLIDATED RAIL CORPORATION, Appellant. Commonwealth Court of Pennsylvania.Argued June 5, 1995. Decided August 30, 1995. David P. Helwig, for appellant. Larry P. Gaitens, for […]

380 A.2d 1315 Joseph H. Newhouse, Harry J. Foster and Mary H. Varallo, Individually and on behalf of themselves and all other Court Stenographers similarly situated v. Board of Pensions and Retirement of the City of Philadelphia and The City of Philadelphia. Board of Pensions and Retirement of The City of Philadelphia and The City […]

539 A.2d 51 A P Tea Company, Petitioner v. Workmen’s Compensation Appeal Board (Giglio), Respondent. Commonwealth Court of Pennsylvania. March 21, 1988. Workers’ compensation — Findings of fact — Inconsistencies — Remand — Power of Workmen’s Compensation Appeal Board — Abuse of discretion — Substitute referee — The Pennsylvania Workmen’s Compensation Act, Act of June […]

674 A.2d 363 Donald BRADLEY, Appellant, v. FRANKLIN COUNTY PRISON and County of Franklin. Commonwealth Court of Pennsylvania.Argued February 7, 1996. Decided April 4, 1996. Appeal from The Court of Common Pleas, Franklin County, No. A.D. 1994-176, Kaye, J. Smith and Pellegrini, JJ., concurred in result only. Page 364 W. Scott Henning, for Appellant. Timothy […]

705 A.2d 492 CITY OF PITTSBURGH/PMA MANAGEMENT CORPORATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FERRARO), Respondent. Commonwealth Court of Pennsylvania.Argued November 6, 1997. Decided January 2, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-2678. Page 493 Dale A. Cable, Pittsburgh, for petitioner. James R. Burn, Jr., Pittsburgh, for respondent. Before COLINS, President Judge, […]

437 A.2d 1294 Tony Lucia, Appellant v. Zoning Hearing Board of The Township of Upper St. Clair et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 8, 1981 December 18, 1981. Zoning — Statutory Construction Act of 1972, 1 Pa. C. S. § 1921(b) — Ordinances — Conditional use permit — Extension. 1. The rule of […]

958 A.2d 587 NEXTEL PARTNERS, INC. v. CLARKS SUMMIT BOROUGH/CLARKS SUMMIT BOROUGH COUNCIL v. Stephen J. Evers. Appeal of Stephen J. Evers. Nextel Partners, Inc. v. Clarks Summit Borough/Clarks Summitt Borough Council, Appellant. Nos. 1375 C.D. 2007, 1376 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: September 11, 2008. Decided: October 10, 2008. Appeal from the Court of […]

692 A.2d 632 Max H. HOMER, Petitioner v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1997. Decided April 14, 1997. Appeal from the Public School Employes’ Retirement Board, No. 1994-3. Page 633 Peter J. King, Pittsburgh, for petitioner. David W. Speck, Harrisburg, for respondent. McGINLEY and FLAHERTY, JJ., and NARICK, […]

458 A.2d 670 In the Matter of Application of Transfer of Liquor Club License etc. Suburban Democrat Club, Appellant. Commonwealth Court of Pennsylvania. April 21, 1983. Pennsylvania Liquor Control Board — Transfer of liquor license — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact — Substantial evidence […]

570 A.2d 96 ACME CORRUGATED BOX COMPANY, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1989. Decided September 8, 1989. Reargument Granted November 21, 1989. Appeal from the Unemployment Compensation Board of Review. Page 245 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

536 A.2d 485 Pritz Auto, Inc., Petitioner v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1987. January 26, 1988. Motor vehicles — Board of Vehicles Act, Act of December 22, 1983, P.L. 306 — Notice — Prejudice — Scope of appellate review. 1. When […]

PENNECO OIL COMPANY, INC., Range Resources-Appalachia, LLC and the Independent Oil Gas Association of Pennsylvania, Appellants v. The COUNTY OF FAYETTE, Pennsylvania and the Office of Planning, Zoning and Community Development of Fayette County, Pennsylvania. No. 18 C.D. 2010.Commonwealth Court of Pennsylvania.Argued June 21, 2010. Decided July 22, 2010. Reargument Denied September 14, 2010.[*] [*] […]

503 A.2d 57 Christine Fizzano and Thomas Fizzano, Husband and Wife, Appellants v. Borough of Ridley Park, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1985 January 13, 1986. Municipalities — Immunity — Political Subdivision Tort Claims Act, Act of November 26, 1978, P.L. 1399 — Skating injury — Real property — Improper supervision. 1. Under […]

387 A.2d 160 Charles Elkowitz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1978 May 31, 1978. Unemployment compensation — Hearsay — Corroboration — Voluntary termination. 1. Hearsay evidence properly objected to cannot support a finding of the Unemployment Compensation Board of Review, and hearsay evidence […]

In Re: Appeal of David H. Young and Bonnie L. Young, his wife, from the Decision of the Board of Assessment, Appeals of Lawrence County. Appeal of: Board of Assessment, Appeals of Lawrence County. No. 2338 CD. 2005.Commonwealth Court of Pennsylvania.Argued October 16, 2006. Decided November 20, 2006. Page 606 Appeal from the Court of […]

699 A.2d 1349 In Re the Matter of Mark PENTZ. Appeal of NEWTOWN TOWNSHIP, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1997. Decided August 14, 1997. Appeal from the Common Pleas Court, Bucks County, McAndrews, J. Stephen B. Harris, Washington, for appellant. James A. Downey, III, Langhorne, for appellee. Before COLINS, President Judge, and DOYLE, […]

648 A.2d 114 Douglas BOOTH, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted June 17, 1994. Decided September 12, 1994. Appeal from the Unemployment Compensation Board of Review, No. B-319373. Robert L. Johnson, for petitioner. James K. Bradley, Asst. Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for respondent. Before SMITH, […]

707 A.2d 242 RICHARD MARTELL, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (DOYLE EQUIPMENT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 18, 1997. Decided February 6, 1998. Reargument Denied April 14, 1998. Appeal from the Commonwealth Court, No. 444 C.D. 1997, Leadbetter, J. Paul J. Dellasega, Harrisburg, for petitioner. James R. Schmitt, Carnegie, for respondent. […]

482 A.2d 1167 Tamaqua Borough, Schuylkill County, and Tamaqua Borough Authority, Appellants v. Rush Township Sewer Authority, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1984 October 12, 1984. Municipalities — Authority — Sewage facilities — Exclusive jurisdiction — Rates — Equivalent dwelling unit — Arrearages — Upgrading — Contract — Modification — Expert witnesses. 1. […]

Carolyn MORRIS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WALMART STORES, INC.), Respondent. No. 126 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs June 17, 2005. Decided July 27, 2005. Page 870 Robert Land, Philadelphia, for petitioner. Marta J. Guhl, Philadelphia, for respondent. BEFORE: SMITH-RIBNER, J., PELLEGRINI, J., and COHN JUBELIRER, J. OPINION BY Judge COHN JUBELIRER. […]

530 A.2d 547 City of Erie, Pennsylvania and The Officers and Employees Retirement Board in the City of Erie, Pennsylvania, Appellants v. Irene M. Alessi, Appellee. Commonwealth Court of Pennsylvania. September 2, 1987. Submitted on briefs May 18, 1987, to Judges MacPHAIL and BARRY, and Senior Judge BLATT, sitting as a panel of three. Appeal, […]

432 A.2d 310 Kacar, Inc. and Pasquale and Josephine DeMilio, Appellants v. The Zoning Hearing Board of the City of Allentown, Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1981 July 17, 1981. Zoning — Adult book stores — Special exception — Constitution of the United States, First Amendment — Deterioration of neighborhoods — Reasonable classification […]

Kline v. Manheim Borough Zoning Hearing Board. No. 1355CD08.Commonwealth Court of Pennsylvania. May 29, 2009. Appeal from the Lancaster County CI-07-01825. Decisions Without Published Opinions Affirmed.

371 A.2d 1043 Tosca Affinito, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued March 11, 1977 April 11, 1977. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Disregarding company sick leave policy — Burden of proof. 1. An […]

405 A.2d 552 Port Authority of Allegheny County, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Colonial Taxi Company, Inc. et al., Intervenors. Port Authority of Allegheny County, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Tube City Taxicab Company, Inc. et al., Intervenors. Port Authority of Allegheny County, Petitioner v. Pennsylvania Public Utility Commission, Respondent; North […]

694 A.2d 1167 RICHARD CAMPBELL, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1997. Decided June 4, 1997. Page 1168 Phillip J. Berg, Lafayette Hill, for petitioner. Virginia L. Flick, Philadelphia, for intervenor, County of Montgomery, Office of the Coroner. Before COLINS, President Judge, FRIEDMAN, J., and LORD, Senior […]

529 A.2d 81 McGraw-Edison Company, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 11, 1987. July 31, 1987. Pennsylvania Human Relations Commission — Writ of prohibition — Premature filing — Inconvenience and expense — Administrative remedy. 1. A writ of prohibition is an extraordinary remedy to restrain courts […]

569 A.2d 1017 Laura SUGALSKI, Executor of the Estate of Charles E. Roop, Sr., and Laura Sugalski, in her own behalf, and Sharon Roop, Administratrix of the Estate of Charles E. Roop, Jr., Appellants, v. COMMONWEALTH of Pennsylvania, and Ronald Sharpe, Commissioner of the Pennsylvania State Police, Appellees. Commonwealth Court of Pennsylvania.Argued December 11, 1989. […]

814 A.2d 285 City of Wilkes-Barre, Appellant v. City of Wilkes-Barre Police Benevolent Association. No. 1794 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 6, 2002. Filed: December 31, 2002. Appeal from the Court of Common Pleas, Luzerne County No. 854C of 2002, Augello, J. Page 286 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

606 A.2d 1243 Appeal of H. Theresa EDGE from a Decision of the Chester Upland School District of the Board of Directors of Chester Upland School District Terminating H. Theresa Edge’s Employment. Appeal of CHESTER UPLAND SCHOOL DISTRICT. Appeal of Frances McCRAY from a Decision of the Chester Upland School District of the Board of […]

477 A.2d 59 In Re: Appeal of Samuel Petryszak From Decision of the Board of Supervisors of Falls Township etc. Samuel Petryszak, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1983 June 27, 1984. Public employee — Disability — Dismissal — Scope of appellate review. 1. When the trial court takes no additional evidence in a […]

442 A.2d 40 Carol A. Carson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1982 March 9, 1982. Unemployment compensation — Willful misconduct — Voluntary termination of employment — Leave of absence — Insurer. 1. Whether a denial of unemployment compensation benefits is based on willful […]

872 A.2d 239 COMMONWEALTH of Pennsylvania v. Charles E. BRANDON, Appellant. No. 524 C.D. 2004.Commonwealth Court of Pennsylvania.Argued February 1, 2005. Decided: April 12, 2005. Appeal from the Court of Common Pleas, Butler County, No. C.A. 03-62, Horan, J. Page 240 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

387 A.2d 938 Michael R. Devlin et al., Appellants v. Zoning Hearing Board of the City of Easton, Northampton County, Pa. and Charles E. Catalano and Commonwealth Trust Company, Intervenors. Commonwealth Court of Pennsylvania. June 7, 1978. Zoning — Variance — Bond — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Damages […]

486 A.2d 561 York-Green Associates, Appellant v. Board of Supervisors of South Hanover Township, Dauphin County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1984 January 16, 1985. Zoning — Mandamus — Vested right — Declaratory Judgment Act, 42 Pa. C. S. §§ 7531-7541 — Contract. 1. Mandamus is an extraordinary writ which lies to […]

415 A.2d 156 Richard Z. Kinard et al., Appellants v. The Zoning Hearing Board of Abington Township and Pan American Associates, Appellees. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 6, 1980. Argued April 7, 1980, before Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three. Appeal, No. 2009 C.D. 1979, from […]

357 A.2d 721 Dauphin County Technical School Education Association v. Dauphin County Area Vocational-Technical School Board, Appellant. Elaine Hoppe, Intervening Appellant. Commonwealth Court of Pennsylvania.Argued March 3, 1976 May 27, 1976. Labor — Schools — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Collective bargaining agreement — Violation of statute — Public […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Ronk. No. 1440 C.D. 10.Commonwealth Court of Pennsylvania. August 11, 2011. Appeal from the Lackawanna County 2010-CV-3490. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

COMMONWEALTH of Pennsylvania v. Gretta R. SEYLER, Appellant. No. 699 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs May 25, 2007. Decided July 17, 2007. Appeal from the Court of Common Pleas, Berks County, No. 3172-SA-05, Schaeffer, Senior Judge. Page 263 Kathleen D. Dautrich, Reading, for appellant. Jason P. Lutcavage, Reading, for appellee. BEFORE: COLINS, Judge, […]

580 A.2d 1174 HARRISTOWN DEVELOPMENT CORPORATION, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES OF the COMMONWEALTH OF PENNSYLVANIA, Ernest D. Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Richard Tilghman, et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 15, 1989. Decided September 14, 1990. Page 178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

457 A.2d 1046 Dennis N. Carlson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Caln Township, Intervenor. Commonwealth Court of Pennsylvania. April 8, 1983. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Wilful misconduct — Insubordination. 1. In an unemployment compensation […]

622 A.2d 420 CHARTIERS VALLEY SCHOOL DISTRICT and Township of Scott v. BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW and Virginia Mansions Apartments, Inc. Appeal of VIRGINIA MANSIONS APARTMENTS, INC., the Property Owner and The Sunland Properties Trust and Elias J. Hakim, Jr., successors in interest to the subject real estate, Appellants. Commonwealth Court of […]

880 A.2d 753 NORTHWEST MEDICAL CENTER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CORNMESSER), Respondent. No. 409 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs: July 8, 2005. Decided: August 12, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A04-0767. Page 754 Richard E. Bordonaro, Erie, for petitioner. No appearance entered on behalf of respondent. BEFORE: […]