Category: Pennsylvania Commonwealth Court Opinions

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: […]

859 A.2d 1 TOWNSHIP OF RADNOR, and Frank P. Slattery, Jr., and Ashwood Manor Civic Association v. RADNOR RECREATIONAL, LLC, Enrico Partners, LP, and Richard E. Caruso. Radnor Recreational, LLC, Enrico Partners, LP, and Richard E. Caruso v. Township of Radnor, Radnor Township Board of Commissioners, and Clinton A. Stuntebeck, William Black, James M. Pierce, […]

367 A.2d 382 In Re: Appeal of Alvin H. Zimmett, Member of the Police Force of the Borough of St. Marys. Alvin H. Zimmett, Appellant. Commonwealth Court of Pennsylvania.Argued October 29, 1976 January 6, 1977. Civil service — Scope of appellate review — Abuse of discretion — Error of law — Dismissal of policeman — […]

ARC DAM FRIEDEN, L.L.C. v. WAYNE TOWNSHIP MUNICIPAL AUTHORITY.[1] No. 156CD05.Commonwealth Court of Pennsylvania. October 11, 2005. [1] Reargument denied November 28, 2005. Appeal from Schuylkill County, S-1041-2002. Decision without published opinion. Affirmed.

339 A.2d 591 Harold W. James v. Spaulding Bakeries, Inc. and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued April 4, 1975 May 29, 1975. Workmen’s compensation — Occupational disease — Burden of proof — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Disease peculiar to occupation — […]

DUNCANNON BOROUGH AUTHORITY and State Workers’ Insurance Fund, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (BRUNO), Respondent. No. 1191 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs October 1, 2010. Decided November 10, 2010. Appeal from the Workers’ Compensation Appeal Board, No. A09-1564, affirmed decision of Workers’ Compensation Judge. Leah M. Lewis, Camp Hill, for petitioner. Ian […]

539 A.2d 925 Tredyffrin Township, Chester County, Pennsylvania, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 26, 1988. March 31, 1988. Pennsylvania Public Utility Commission — Railroad/highway crossing — Cost allocation — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Findings of […]

821 A.2d 1268 Fleetwood Area School District, Appellant v. Berks County Board of Assessment Appeals and Moselem Development Co. Fleetwood Area School District, Appellant v. Berks County Board of Assessment Appeals and Berkleigh Country Club. Appeal of: Fleetwood Area School District. Governor Mifflin School District, Appellant v. Berks County Board of Assessment Appeals, and Flying […]

873 A.2d 845 NORTH CODORUS TOWNSHIP, Appellant v. NORTH CODORUS TOWNSHIP ZONING HEARING BOARD and John Shearer Partnership. Commonwealth Court of Pennsylvania.Argued April 4, 2005. Decided: May 3, 2005. Appeal from the Court of Common Pleas, York County, 2004-SU-001430-Y08, Dorney, J. Page 846 William H. Poole, Jr., York, for appellant. Walter A. Tilley, III, York, […]

561 A.2d 354 CHATHAM RACQUET CLUB a/k/a Downtown Racquet Athletic Club, Appellant, v. COMMONWEALTH of Pennsylvania by Attorney General, Leroy S. ZIMMERMAN, Appellee. Commonwealth Court of Pennsylvania.Argued February 6, 1989. Decided June 28, 1989. Reargument Denied September 6, 1989. Appeal from the Court of Common Pleas, Allegheny County, Maurice Louik, J. Page 210 James R. […]

385 A.2d 1034 The Sewer Authority of the City of Scranton, Pennsylvania, Appellant v. Robert J. Arnold, Appellee. Commonwealth Court of Pennsylvania. May 9, 1978. Municipalities — Sewer lien — Revival of lien — Act of 1959, September 23, P.L. 955. 1. An expired municipal sewer lien cannot be revived under the Act of 1959, […]

405 A.2d 1041 J. C. Penney Co., Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1979 September 10, 1979. Motor vehicles — Suspension of certificate of appointment official inspection station — The Vehicle Code, Act 1959, April 29, P.L. 58 — Falsification of […]

479 A.2d 10 Frank J. Schneider, Sr. and Hildegarde M. Schneider, Petitioners v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 5, 1983 June 20, 1984. Pennsylvania Public Utility Commission — Certificate of public convenience — Scope of appellate review — Error of law — Insufficient evidence — Violation of constitutional rights — […]

725 A.2d 252 DIETRICH INDUSTRIES, INC., Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (SHANK), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 13, 1998. Decided February 26, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-1867. Page 253 Robert P. Walter, Pittsburgh, for petitioner. Dennis A. Liotta, Pittsburgh, for respondent. Before COLINS, President Judge, SMITH, […]

510 A.2d 1261 Herman J. Bollinger, Appellant v. Palmerton Area School District, Appellee. Commonwealth Court of Pennsylvania. March 10, 1986. Submitted on briefs February 4, 1986, to Judges ROGERS and BARRY, and Senior Judge BARBIERI, sitting as a panel of three. Appeal, No. 3739 C.D. 1984, from the Order of the Court of Common Pleas […]

475 A.2d 972 Pittsburgh Press Company and Vigilant Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Charles Pecora, Jr.), Respondents. Commonwealth Court of Pennsylvania.Argued March 12, 1984 May 25, 1984. Workmen’s compensation — Form of petition — Recurrence — Petition for reinstatement — Petition to set aside final receipt. 1. The form of a workmen’s […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Grace Building Co., 1023CD03 11/14/2003 Bucks County Affirmed Inc. v. Bucks County 96-9804-14-5 Tax Claim Bureau Rogers v. McKean 1057CD03, 11/14/2003 Erie County Vacated Township of County of 1148CD03 10441-2001 and Erie Remanded […]

598 A.2d 620 Appeal of George S. GAMBONE and Jane Gambone from the Decision of the Zoning Hearing Board of the Borough of Conshohocken. Appeal of George S. GAMBONE and Jane Gambone. Commonwealth Court of Pennsylvania.Argued June 13, 1991. Decided October 21, 1991. Appeal from the Court of Common Pleas of Montgomery County, No. 89-20547, […]

450 A.2d 1081 Carl D. Wool, Petitioner v. Workmen’s Compensation Appeal Board (Wool’s Block Works), Respondents. Commonwealth Court of Pennsylvania. October 5, 1982. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Final receipt — Burden of proof — Medical testimony — Scope of appellate review. 1. To […]

827 A.2d 1277 Ralph A. Cardella, Petitioner v. Public School Employees’ Retirement Board, Respondent. No. 2792 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: June 4, 2003. Filed: July 1, 2003. Page 1278 Hope S. Goldhaber, Harrisburg, for petitioner. Letitia A. Dyer, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge; COHN, Judge; FLAHERTY, Senior Judge. OPINION Senior Judge FLAHERTY. Ralph […]

Palm v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 920CD10.Commonwealth Court of Pennsylvania. September 30, 2010. Appeal from the Mifflin County CP-44-CV-2001-2009. Decisions without Published Opinions, Affirmed. Page 681

568 A.2d 991 William S. HANSON, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Argued November 17, 1989. Decided January 9, 1990. Appeal from the Court of Common Pleas, Dauphin County, No. 561 S 1987, Morgan, J. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

588 A.2d 969 Larry M. RUVO, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (INTERNATIONAL COMMUNICATION MATERIAL, INC.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs February 16, 1988. Decided August 23, 1988. Publication Ordered April 5, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-92201. Page 2 Joseph E. Fieschko, Jr., for petitioner. Francis DiSalle, Faderewski […]

676 A.2d 1277 Steven S. COHEN, M.D., Petitioner, v. STATE BOARD OF MEDICINE, Respondent. Steven S. COHEN, M.D., Petitioner, v. STATE BOARD OF MEDICINE, Respondent. Commonwealth Court of Pennsylvania.Argued April 15, 1996. Decided May 22, 1996. Appeal from the State Board of Medicine, No. 0028-49-95. John G. DiLeonardo, for Petitioner. Page 1278 April L. McClaine, […]

391 A.2d 50 American Chain and Cable Company, Page Steel Wire Division and American Mutual Liability Insurance Company, Insurance Carrier, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Alex Kundrick, Respondents. Commonwealth Court of Pennsylvania.Argued June 8, 1978 September 18, 1978. Workmen’s compensation — Petition to set aside final receipt — The Pennsylvania […]

466 A.2d 269 Commonwealth of Pennsylvania, Insurance Department, Petitioner v. Michael Tracz, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1982 October 13, 1983. Civil service — Selective certification criteria — Furlough. 1. In a civil service case, when the same descriptive title is initially used for three job positions, and selective certification criteria were not […]

SCARPA v. COMM. OF PA, DEPT. OF TRANS. BUREAU OF DRIVER LIC. No. 2517CD04.Commonwealth Court of Pennsylvania. June 14, 2005. Appeal from the Bucks County 0404020. Decision without published opinion. Affirmed.

303 A.2d 247 Philadelphia v. Southeastern Pennsylvania Transportation Authority. Commonwealth Court of Pennsylvania.Argued February 6, 1973 April 4, 1973. Taxation — License fee — Police power — Taxing power — Evidence — Burden of proof — Regulation and supervision — Ordinance — Public Utility Law, Act 1937, May 28, P. L. 1053 — Bus line […]

484 A.2d 859 Ulana Ltd., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1984 December 6, 1984. Liquor — Application for extension of license — Scope of appellate review — Sufficient evidence — Abuse of discretion — Error of law — Liquor Code, Act of April 12, […]

729 A.2d 149 ELTORON, INC., Appellant v. ZONING HEARING BOARD OF THE CITY OF ALIQUIPPA v. JEANETTE PRICE and FLOSSIE GIPSON THE CITY OF ALIQUIPPA. No. 2619 C.D. 1998.Commonwealth Court of Pennsylvania.Argued February 9, 1999. Filed April 14, 1999. Reargument Denied June 3, 1999. Page 150 Appeal from the Court of Common Pleas, Beaver County, […]

City of Reading v. Orange Stones Co. No. 1777CD10.Commonwealth Court of Pennsylvania. February 17, 2011. Appeal from the Berks County 09-5378. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed and Remanded.

712 A.2d 817 GLENN JOHNSTON, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued: April 13, 1998. Decided May 28, 1998. Appealed from the Board of Finance and Revenue, Nos. 9550492 and 9550495. Page 818 Lloyd R. Persun for petitioner. Thomas W. Bergen and Bart J. DeLuca for respondent. Before DOYLE and KELLEY, […]

454 A.2d 224 James R. Wooley, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 13, 1983. Unemployment compensation — Base-year wages — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. For purposes of determining eligibility under the Unemployment Compensation Law, Act of December […]

BAWA MUHAIYADDEEN FELLOWSHIP, Appellant v. PHILADELPHIA ZONING BOARD OF ADJUSTMENT and City of Philadelphia. No. 1078 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs October 12, 2010. Decided March 28, 2011. Appeal from the Court of Common Pleas, Philadelphia County, No. 3229 April Term 2008, DiVito, J. Page 37 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

683 A.2d 1305 THE BACHMAN COMPANY, Petitioner, WORKMEN’S COMPENSATION APPEAL BOARD (SPENCE), Respondent. (Two Cases). Commonwealth Court of Pennsylvania.Submitted on Briefs July 26, 1996. Decided October 22, 1996. Appeal from the Workmen’s Compensation Appeal Board, Nos. A92-~ 1743 and REH 5412. Page 1306 Marshall A. Haislup, III, Lafayette, for Petitioner. Timothy E. Spence, pro se, […]

409 A.2d 920 Emelo Belmonte, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. December 20, 1979. Public assistance — Medical assistance — Income eligibility — Regulations — Social security benefits — Minimum income scale — Equal protection — Reasonable classification. 1. Under regulations of the Department of Public Welfare […]

404 A.2d 707 Appeal of: Irene’s Cafe, Inc., 1727 North 24th Street, Philadelphia, Pa. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania. July 3, 1979. Pennsylvania Liquor Control Board — Regulations — Good reputation of manager — Liquor Code, Act 1951, April 12, P.L. 90 — Abuse of discretion — Sufficient […]

526 A.2d 460 Ronald Macik, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 28, 1987. Pennsylvania Board of Probation and Parole — Technical parole violation — Possession of a knife — Remand. 1. Evidence of mere possession of a utility knife which a parolee testified was […]

482 A.2d 1364 Donald S. Stover, Petitioner v. Workmen’s Compensation Appeal Board (Wheeling-Pittsburgh Steel Corp.), Respondents. Commonwealth Court of Pennsylvania. October 31, 1984. Workmen’s compensation — Burden of proof — Scope of appellate review. 1. In a workmen’s compensation case, the burden of proof is on the claimant to show that he or she has […]

579 A.2d 1358 Mark S. KEENHEEL, Esquire, Petitioner v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA SECURITIES COMMISSION, Robert M. Lam, Chairman of the Pennsylvania Securities Commission, et al., Respondents. Commonwealth Court of Pennsylvania.Argued March 5, 1990. Decided August 21, 1990. Page 495 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

368 A.2d 1305 Bessemer Lake Erie Railroad Company et al., Plaintiffs v. Pennsylvania Public Utility Commission, Defendant. Pennsylvania State Legislative Board, United Transportation Union and Commonwealth of Pennsylvania, Party Defendants. Commonwealth Court of Pennsylvania.Argued December 7, 1976 February 4, 1977. Railroads — Safety regulation — Federal Railroad Safety Act of 1970, 45 U.S.C. § 431 […]

586 A.2d 1021 COMMONWEALTH FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. John J. PETTIT, Jr., Esquire, Prothonotary of the Court of Common Pleas of Philadelphia County; Court of Common Pleas of Philadelphia County; and City of Philadelphia, Appellees (Two Cases). Commonwealth Court of Pennsylvania.Argued December 5, 1990. Decided February 8, 1991. Appeal from the Common […]

795 A.2d 502 RALPH GRIFFITH, Appellant v. JOHN SNADER and KENNETT TOWNSHIP and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION. No. 1294 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: December 7, 2000. Filed: April 4, 2002. Page 503 Appeal from the Court of Common Pleas, Chester County, No. 97-07470, Paula Francisco, Ott, J. Daniel Jeck, Philadelphia, for appellant. […]

531 A.2d 1191 Crile Machine Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 26, 1987. October 8, 1987. Unemployment compensation — Work stoppage — Lockout — Burden of proof — Findings of Board. 1. In an unemployment compensation case the burden is upon a claimant whose […]

588 A.2d 980 John B. McCUE, Robert F. Burkardt and William C. Fisher, Petitioners, v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued October 1, 1990. Decided March 4, 1991. Reargument Denied April 30, 1991. Appeal from the State Employes’ Retirement Board order Nos. 193-16-2603, 192-18-0695, 191-10-6462. Page 301 Mark A. Fontana, Reed, Smith, […]

596 A.2d 264 Darryl V. LEE, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 25, 1991. Decided July 1, 1991. Publication Ordered August 16, 1991. Appeal from the Pennsylvania Board of Probation and Parole, No. 6516-S. Page 80 John D. Ceraso, Asst. Public Defender, for petitioner. Arthur […]

517 A.2d 219 Ian Bonise, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. November 6, 1986. Motor vehicles — License — Suspension — Scope of appellate review — Breath test — Refusal. 1. In a motor vehicle license suspension case, the scope of review of the Commonwealth Court of Pennsylvania […]

654 A.2d 273 ALLIED FOODS, INC. v. The SCHOOL DISTRICT OF THE CITY OF SCRANTON, and The City of Scranton, Appellants. Commonwealth Court of Pennsylvania.Argued: December 6, 1994. Decided: February 1, 1995. Appeal from the Court of Common Pleas, County of Lackawanna, No. 91 Equity 74, Munley, J. Reversed. Paul A. Kelly, Jr., for appellants. […]

487 A.2d 90 Thomas O’Hara, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 31, 1985. Parole — Recommitment — Scope of appellate review — Burden of proof — Counsel — Continuances — Prejudice — Mitigation — Rehabilitation — Revocation. 1. In reviewing a parole recommitment order […]

510 A.2d 912 Samuel H. Black, Sr., Appellant v. Board of Directors of the West Chester Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued April 11, 1986 June 11, 1986. Schools — Professional employee — Demotion — Hearing — Appeal. 1. An assistant superintendent of a school district has no authority to demote a professional […]

416 A.2d 1161 S.D. Richman Sons, Inc., Petitioner v. Commonwealth of Pennsylvania, Board of Finance and Revenue, Respondent. Commonwealth Court of Pennsylvania.Argued June 2, 1980 July 18, 1980. Taxation — Capital stock tax — Tax Reform Code of 1971, Act 1971, March 4, P.L. 6 — Strict construction — Retroactivity — Legislative intent — Statutory […]

792 A.2d 23 Presbyterian Medical Center of Oakmont, Petitioner v. Department of Public Welfare, Respondent. Nos. 2893-2897 C.D. 2000; 845 C.D. 2001; 2899-2912 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: December 3, 2001. Filed: February 11, 2002. Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

720 A.2d 193 J.C., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 11, 1998. Decided November 4, 1998. Appeal from the Department of Public Welfare, No. 01-97-007. Page 194 Victor F. Cavacini for petitioner. Daniel Fellin for respondent. Before COLINS, President Judge and SMITH, J., and MIRARCHI, Jr., Senior […]

821 A.2d 663 Ralph D. Hess v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1823 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 21, 2003. Filed: April 17, 2003. Page 664 Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant. George N. Zanic, Huntingdon, for appellee. BEFORE: COLINS, […]

625 A.2d 183 NORWIN SCHOOL DISTRICT, Appellant, v. Joseph CORTAZZO, a Minor, by and through his Parents and Guardians, Mary CORTAZZO and Gregory Cortazzo, and Mary Cortazzo and Gregory Cortazzo, in their own right. Commonwealth Court of Pennsylvania.Argued March 4, 1993. Decided May 4, 1993. Appeal from the Common Pleas Court, Westmoreland County, No. 6211 […]

665 A.2d 845 ABEX CORPORATION and National Union Fire Insurance Co., Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCEARS), Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1994. Decided September 5, 1995. Reargument Denied November 2, 1995. Appeal from the Workmen’s Compensation Appeal Board, Nos. A90-2811 and A92-2777. John K. Bryan, for petitioners. Dale J. Gregg, for […]

323 A.2d 410 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, and Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, To Use of Holt Hauling and Warehousing Systems, Inc., Plaintiffs, v. Rapistan, Incorporated and Federal Insurance Company, Defendants. Commonwealth Court of Pennsylvania.Argued January 8, 1974 July 26, 1974. Action — Preliminary objections — Jurisdiction of Commonwealth Court […]

630 A.2d 974 CITY OF HARRISBURG, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued May 13, 1993. Decided August 19, 1993. Appeal from the Environmental Hearing Board, No. 91-250-MJ. Page 47 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

647 A.2d 669 Jack E. MORRIS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCHOOL DISTRICT OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 13, 1994. Decided August 29, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2043. Page 172 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

407 A.2d 74 Margaret Brown Silar et al., Appellants v. Zoning Board of Adjustment of Spring Garden Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1979 October 4, 1979. Zoning — Variance — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Abuse of discretion — Pennsylvania Municipalities […]

583 A.2d 865 Robert M. RIDDLE, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1990. Decided December 6, 1990. Appeal from the Common Pleas Court, Allegheny County, No. SA 3256 of 1989, Raymond L. Scheib, J. Page 509 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

675 A.2d 1308 Catherine Baker KNOLL, Pennsylvania State Treasurer, and Member of the State Workers’ Insurance Board, Petitioner, v. Johnny J. BUTLER, Secretary of Labor and Industry and Chairman of the State Workers’ Insurance Board, and Linda Kaiser, Insurance Commissioner and Member of the State Workers’ Insurance Board, MSB Holding Corporation, a Pennsylvania Corporation, KSB […]

370 A.2d 1252 Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission v. Laurel Pipe Line Company, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1976 March 21, 1977. Public utilities — Proposed rate increases — Sufficiency of record — Remand — Public Utility Law, Act 1937, May 28, P.L. 1053 — Burden of proof — Duty of […]

661 A.2d 898 ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued: April 4, 1995. Decided: May 23, 1995. Publication Ordered July 20, 1995. Appeal from Pennsylvania Labor Relations Board (PLRB), No. PERA-C-93-247-E. Page 899 Peter Lassi, for respondent. Barbara A. McNeil, for intervenor, State […]

482 A.2d 1378 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. John L. Johnson, J J Auto and Richard Ames, Appellees. Commonwealth Court of Pennsylvania. November 1, 1984. Motor vehicles — Inspection station — Suspension — Scope of appellate review — Statutory Construction Act of 1972, 1 Pa. C. S. § 1903. 1. In a […]

342 A.2d 148 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Ida Mae Dunofsky, Appellant. Commonwealth Court of Pennsylvania. July 30, 1975. Unemployment compensation — Timeliness of appeal — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. Provisions of the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) […]

405 A.2d 1110 Dorothy Hoffman, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Crime Victim’s Compensation Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1979 September 17, 1979. Pennsylvania Crime Victim’s Compensation Board — Life insurance proceeds — Act of 1929, April 9, P.L. 177 — Legislative intent — Words and phrases — Insured beneficiary. 1. An […]

598 A.2d 1032 Clarita B. SCHEIB, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (AMES DEPARTMENT STORE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 12, 1991. Decided October 23, 1991. Appeal from the Commonwealth Court, No. 340 C.D. 1991, Pellegrini, J. Page 194 Michael L. Bangs, for petitioner. Edward H. Jordan, Jr., for respondent. Page 195 […]

426 A.2d 1307 Terry P. Lingenfelter, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 11, 1980 March 20, 1981. Unemployment compensation — Willful misconduct — Burden of proof. 1. In unemployment compensation cases where the issue concerns violation of an employer’s rules, the employer has the burden […]

516 A.2d 120 Walter Hake, Petitioner v. Workmen’s Compensation Appeal Board (I. Reindollar Sons, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued September 8, 1986 October 17, 1986. Workmen’s compensation — Rehearing — New evidence — Abuse of discretion. 1. The Workmen’s Compensation Appeal Board abuses its discretion in denying a petition for rehearing when surgery performed […]

548 A.2d 384 Anthony Iervolino, Petitioner v. Workmen’s Compensation Appeal Board (Union Switch and Signal), Respondents Commonwealth Court of Pennsylvania. October 3, 1988. Workers’ compensation — Loss of hearing — Substantial evidence. 1. When competent medical evidence supports a finding that a workers’ compensation claimant has not lost his hearing for all practical intents and […]

701 A.2d 310 ROBERT T. DONOVAN, Petitioner v. THE STATE EMPLOYEES’ RETIREMENT SYSTEM, Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1997. Decided October 10, 1997. Appeal from State Employe’s Retirement Board, No. 1995-17. Page 311 Zane E. Finkelstein, Carlisle, for Petitioner. David E. Schrieber, Harrisburg, for Respondent. Before KELLEY and LEADBETTER, JJ., RODGERS, Senior Judge. […]

Lee Son Yom v. Schuylkill Valley Sewer Authority. No. 414CD10.Commonwealth Court of Pennsylvania. January 28, 2011. Appeal from the Schuylkill County S-1966-2009. Decisions Without Published Opinions Affirmed.

405 A.2d 594 Spartan Abrasive Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Robert E. Phillips and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued May 10, 1979 August 28, 1979. Workmen’s compensation — Occupational disease — Exposure — Causal relationship to employment — Incidence of disease in industry — The Pennsylvania […]

755 A.2d 59 SERGUEI BOURDEEV v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 2644 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: April 14, 2000. Filed: May 30, 2000. Reargument Denied August 4, 2000. Page 60 Timothy P. Wile, Asst. counsel In-Charge and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant. No […]

430 A.2d 364 Peggy Feagins, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued April 8, 1981 June 4, 1981. Public assistance — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Regulations — Income incentive deduction — […]

445 A.2d 1369 In Re: Appeal of Pennsylvania Easter Seal Society From Real Estate Taxation Assessment. Pennsylvania Easter Seal Society, Appellant. Commonwealth Court of Pennsylvania.Argued February 5, 1982 June 7, 1982. Taxation — Charitable exemption — Constitution of Pennsylvania, Article VIII, Section 2 — Fourth to Eighth Class County Assessment Law, Act of May 21, […]

572 A.2d 1303 RESIDENT ELECTORS OF the PENNSBURY SCHOOL BOARD, Appellants, v. PENNSBURY SCHOOL BOARD, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1990. Decided March 26, 1990. Page 363 Appeal from the Court of Common Pleas, Bucks County, No. 89-679-13-6, Kenneth G. Biehn, J. Todd C. Park, New Brighton, with him, A. Martin Herring, Philadelphia, […]

DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF PUBLIC WELFARE, Petitioners v. PENNSYLVANIA STATE CORRECTIONS OFFICERS ASSOCIATION, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 2006. Decided September 10, 2007. Page 360 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 361 Patrick J. Harvey, Philadelphia, […]

504 A.2d 402 Equitable Gas Company, a division of Equitable Resources, Inc., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 15, 1985 February 4, 1986. Standing — Permit — State Highway Law, Act of June 1, 1945, P.L. 1242 — Competitive harm — Mandamus. 1. In […]

407 A.2d 117 Republic Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, John Zacek and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued November 3, 1978 October 30, 1979. Workmen’s compensation — Notice to employer of disability — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 […]

654 A.2d 32 Janell D. BROWN, Angelita Hogan, and William E. Cunnane, III, Appellants, v. COMMUNITY COLLEGE OF PHILADELPHIA, Dr. Ronald J. Temple, and Dr. Thomas R. Hawk. Commonwealth Court of Pennsylvania.Argued: October 4, 1994. Decided: December 29, 1994. Reargument Denied: February 7, 1995. Appeal from the Court of Common Pleas, Philadelphia County, 1366 April […]

402 A.2d 295 L. Joan Veneziale, Walter Holzworth, Rosemarie Curran, and Michael J. Laputka, Appellants v. Charles Raudenbush, Jr. and Harry Zambelli, Appellees. Commonwealth Court of Pennsylvania. June 6, 1979. Injunction — Preliminary injunction — Pa. R.C.P. No. 1531 — Hearing — Due Process — Right to cross-examine — Right to present testimony. 1. Under […]

437 A.2d 786 J. I. Hass Company, Inc. and Twin City Fire Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and John James Mulvihill, Respondents. Commonwealth Court of Pennsylvania.Argued June 4, 1981 December 7, 1981. Workmen’s compensation — Causation — Scope of appellate review — Error of law — Findings of fact […]

655 A.2d 1076 Louis FIDANZA, Sr. and Patricia A. Fidanza, individually and as parents and natural guardians of Louis Fidanza, Jr. and Andrea Fidanza, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, v. Louis FIDANZA, Sr. and Patricia Fidanza. Commonwealth Court of Pennsylvania.Argued February 6, 1995. Decided March 7, 1995. Appeal from the Common Pleas […]

Takach v. Zoning Hearing Board of Lower Gwynedd Township. No. 542CD08.Commonwealth Court of Pennsylvania. June 5, 2009. Appeal from the Montgomery County 2006-10308. Decisions Without Published Opinions Affirmed.

436 A.2d 255 Great Atlantic Pacific Tea Co., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Andrew Stuka, Respondents. Commonwealth Court of Pennsylvania.Argued September 18, 1981 October 27, 1981. Workmen’s compensation — Power of Workmen’s Compensation Appeal Board — Remand — Capricious disregard of competent evidence — Disability — Testimony of claimant. 1. […]