Category: Pennsylvania Commonwealth Court Opinions

382 A.2d 772 School District of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Joseph Scott et al., Intervenors. Commonwealth Court of Pennsylvania.Argued November 2, 1977 February 10, 1978. Schools — Transportation of private school pupils — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Constitution of the United […]

460 A.2d 1235 A. Victor Meitner, Jr., P. C., Appellant v. Township of Cheltenham, Appellee. Commonwealth Court of Pennsylvania.Argued April 5, 1983 June 10, 1983. Taxation — Business privilege tax — The Local Tax Enabling Act, Act of December 31, 1965, PL. 1257 — Attorneys — Pennsylvania Supreme Court Rule of Disciplinary Enforcement 219 — […]

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. […]

597 A.2d 241 Carlton BAILEY, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 3, 1991. Decided September 5, 1991. Reargument Denied October 24, 1991. Appeal from the Unemployment Compensation Board of Review, No. B-286927. Page 295 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

694 A.2d 398 David L. DiCOLA v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted April 11, 1997. Decided May 28, 1997. Appeal from the Court of Common Pleas, Allegheny County, No S.A. 426 of 1996, Zeleznik, J. Page 399 Timothy P. Wile, Assistant Counsel In-Charge, and Harold […]

392 A.2d 350 Otis S. Oliver, Appellant v. Zoning Hearing Board of South Londonderry Township, Lebanon County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1978 October 20, 1978. Zoning — Accessory building — Principal building — Principal use — Farming — Animal shelter. 1. A substantial structure to be used as a shelter for […]

505 A.2d 1080 Lafenus DeShields, Appellant v. Chester Upland School District, Delaware County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 11, 1985 March 5, 1986. Schools — Dismissal of employe — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Exclusionary rule — Illegally seized evidence — Improper conduct — Possession […]

308 A.2d 183 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. George Drugotch, Appellee. Commonwealth Court of Pennsylvania.Argued May 11, 1973 July 19 1973. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of appellate review — Findings of fact — Competent evidence — Erroneous conclusions of law — […]

394 A.2d 1314 In Re: Petition of the City of Pittsburgh for the Sale of City Owned Property Located in the 5th Ward. Joseph Rasimczyk, Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1978 December 8, 1978. Tax sale — Approval — Discretion of court — Interest of taxing authorities — Act of 1947, July 5, […]

360 A.2d 821 George Joseph Jones v. Workmen’s Compensation Appeal Board and Fisher’s Big Wheel, Inc. George Joseph Jones, Appellant. Commonwealth Court of Pennsylvania.Argued March 5, 1976 July 19, 1976. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Power […]

321 A.2d 662 Grant Mohl, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1974 June 28, 1974. Unemployment compensation — Suitable employment — Good cause — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Scope of appellate review — Findings of fact […]

452 A.2d 71 Baudilio Garcia, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 14, 1982. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Hearsay — Wilful misconduct — Absences. 1. In an unemployment compensation case where […]

550 A.2d 882 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Arthur William Frampton, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1988. December 1, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Delay in appellate hearing — Vehicle Code, 75 Pa. C. S. § 1550 — Administrative delay […]

763 A.2d 539 THE PATRIOT-NEWS COMPANY and THOMAS BADEN v. THE EMPOWERMENT TEAM OF THE HARRISBURG SCHOOL DISTRICT MEMBERS CONSISTING OF LUCIEN YATES, III; BRENDA CONNER; WANDA R.D. WILLIAMS; RICH ASKEY; EVELYN ANTONSEN; ELENA ROMERO MORGAN; MERRY-GRACE MAJORS; JOHN WELDON SCOTT; EMILY J. LEADER; ANNE E. RUSSO; SUSAN C. WILSON, Appellants. THE PATRIOT-NEWS COMPANY and […]

830 A.2d 1081 Janice Heichel, Executrix of the Estate of Joseph Sklodowski, Appellant v. Springfield Township Zoning Hearing Board. No. 2844 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: June 6, 2003. Filed: August 22, 2003. As Amended: September 3, 2003. Page 1082 Peter M. Hileman, Doyelstown, for appellant. James M. NcNamara, Doylestown, for appellee. BEFORE: LEADBETTER, Judge; […]

620 A.2d 578 William H. BUNCH, Petitioner, v. COMMONWEALTH of Pennsylvania, STATE BOARD OF AUCTIONEER EXAMINERS, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1992. Decided January 14, 1993. Reargument Denied March 11, 1993. Appeal from the State Board of Auctioneer Examiners, No. 88-64-01369. Page 617 Jean B. Green, for petitioner. Deborah B. Eskin, for respondent. […]

445 A.2d 556 Edward J. Wright, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued: March 3, 1982 May 19, 1982. Unemployment compensation — Willful misconduct. 1. In an unemployment compensation case, the issue of willful misconduct is a question of law for review by the Commonwealth Court […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS TRIAL DOCKET COURT/DOCKETCAPTION NUMBER DATE NUMBER DISPOSITION Black Ash Services, Inc. v. Hopewell Area School District ……… 355CD01 11/1/2001 Beaver County Affirmed 10750-2000 Tax Sale of 2000 Under Real Estate Tax Sale Law of 1947, In re; Forest Green, L.L.C., In re …. 1219CD01 11/1/2001 Dauphin County […]

551 A.2d 1124 Henry Simmons, Executor of the Estate of Ethel H. Holloway Simmons, Petitioner v. Walter Cohen et al., Respondents. Commonwealth Court of Pennsylvania.Argued September 12, 1988. December 13, 1988. Public assistance — Legal costs — Supplemental Security Income — Subrogation. 1. Where the Department of Public Welfare has a common law obligation to […]

396 A.2d 94 Harold F. Huff, Sr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1978 January 17, 1979. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. […]

589 A.2d 1188 Joseph J. PONTIOUS, Appellant, v. Michael RIPPY, Reynold Galdini, Albert Abplanalp, Hudnell Cladwell, Norman Haight, Alfred Maletto, and Rudolph Kocjancic, Members of the Borough Council of the Borough of Johnsonburg, Appellees. Commonwealth Court of Pennsylvania.Argued October 30, 1990. Decided April 11, 1991. Reargument Denied May 29, 1991. Appeal from the Court of […]

735 A.2d 734 FIORE AUTO SERVICE, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES MICHAEL FIORE, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES. Nos. 1097 C.D. 1998, 1098 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: October 16, 1998. Filed: December 4, 1998. Ordered: August 5, 1999. Page 735 […]

705 A.2d 1349 WESTINGHOUSE ELECTRIC CORPORATION, Petitioner v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Commonwealth Court of Pennsylvania.Argued June 2, 1997. Decided January 2, 1998. Appeal from the Environmental Hearing Board, No. 88-319-CP-MR. Page 1350 David J. Armstrong, Pittsburgh, for petitioner. Dennis A. Whitaker, Harrisburg, for respondent. Before SMITH and FRIEDMAN, JJ., and NARICK, Senior […]

647 A.2d 636 Donna M. DeVITA, Guardian Ad Litem for Faith LaRussa, Appellant, v. Terry Donald DURST, Three Coast Carriers, Inc., Commonwealth of Pennsylvania/Department of Transportation, Clifton Dale Pennington, David G. Reed, American Asphalt Paving Co., and S.W.S. Construction Co. Commonwealth Court of Pennsylvania.Argued April 15, 1994 Decided August 24, 1994. Petition for Allowance of […]

972 A.2d 572 Russell LOVELESS, Appellant v. POCONO FOREST SPORTSMAN CLUB, INC., Paula Burnett, Maureen Cook, Marion Crossley, Keith McMaster, Don Stevens, Jr. and Adam Beers. No. 2196 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 20, 2009. Decided: April 7, 2009. Appeal from The Court of Common Pleas, Monroe County, No. 1651 Civil 2006, […]

405 A.2d 1314 In Re: Appeal of the Board of School Directors of the Owen J. Roberts School District from Decision of the Board of Assessment Appeals of Chester County Exempting from Taxation Premises Designated Parcel 24-6-3, East Nantmeal Township, Chester County, Pa. Board of School Directors of the Owen J. Roberts School District, Appellant. […]

811 A.2d 104 Commonwealth of Pennsylvania v. Eugene McJett, Appellant. No. 1580 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: October 9, 2002. Filed: November 25, 2002. Appeal from the Court of Common Pleas, Philadelphia County, No. MR 9999-6159, Davis, S.J. Page 105 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

344 A.2d 756 Nationwide Insurance Company, Appellant, v. Workmen’s Compensation Appeal Board and Mrs. Marion Rutch, Widow of Patrick J. Rutch, deceased, Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1975 September 18, 1975. Workmen’s compensation — Course of employment — Question of law — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 […]

308 A.2d 189 Barnold Shoes, Inc. and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants v. Workmen’s Compensation Appeal Board and Ray Cunningham, J. Edwards and Company, Barnold Bartschi and The Bartschi Foundation, Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1973 July 31, 1973. Workmen’s compensation — Scope of appellate review — Violation of constitutional […]

Raiti v. Comm. of PA, Dept. of Trans., Bureau of Driver Lie. No. 868CD07.Commonwealth Court of Pennsylvania. September 27, 2007. Appeal from the Mercer County 2006-975. Decisions Withuot Published Opinions Affirmed. Page 997

949 A.2d 976 Harold HERRSCHAFT, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. No. 307 M.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 25, 2008. Decided: June 5, 2008. Page 977 Harold Herrschaft, petitioner, pro se. Timothy I. Mark, Deputy Chief Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent. BEFORE: McGINLEY, Judge, FRIEDMAN, Judge, […]

347 A.2d 501 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Katherine L. Tate, Appellant. Commonwealth Court of Pennsylvania.Argued October 10, 1975 November 17, 1975. Unemployment compensation — Failure to advise employer of status — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. 805. 1. An employe, who is […]

739 A.2d 1156 THOMAS DONOVAN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ACADEMY MEDICAL REALTY), Respondent Commonwealth Court of Pennsylvania.Submitted: September 3, 1999 Filed: October 27, 1999 Page 1157 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1158 Louis J. Ruch, Philadelphia, for […]

Leonard R. BROWN, Petitioner v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,[1] Respondent. No. 2159 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs February 18, 2011. Decided March 17, 2011. [1] The correct name for the Respondent is “Department of State, Bureau of Commissions, Elections and Legislation.” Appeal from the Pennsylvania Department of State, Bureau of Commissions, […]

568 A.2d 283 Salvator LANZETTA, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 20, 1989. Decided December 28, 1989. Appeal from the Board of Probation and Parole. Page 313 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

402 A.2d 278 Edward B. Meyers and Irwin B. Robbins t/a Best Homes, Appellants v. The Board of Supervisors of Lower Makefield Township, Appellee. Commonwealth Court of Pennsylvania.Reargued April 3, 1979 June 4, 1979. Zoning — Standards to be applied in zoning appeals — Act of 1978, October 5, P.L. 1067 — Courts of common […]

448 A.2d 108 In Re: Appeal of Theresa McGinnis from the decision of the Langhorne Manor Borough Zoning Hearing Board. Theresa McGinnis, Appellant. In Re: Appeal of Theresa McGinnis from the decision of the Langhorne Manor Borough Zoning Hearing Board. Langhorne Manor Borough, Appellant. Commonwealth Court of Pennsylvania.Argued June 7, 1982 July 29, 1982. Zoning […]

Leonard BLAIR and Sharon Blair BERKS COUNTY BOARD OF ASSESSMENT APPEALS, Appellant. No. 1310 C.D. 2010.Commonwealth Court of Pennsylvania.Argued February 7, 2011. Decided May 3, 2011. Appeal from the Court of Common Pleas, Berks County, No. 08-4710, Lash, J. Deborah A. Sottosanti, Reading, for appellant. Page 630 Paul A. Prince, Pottstown, for appellees. BEFORE: PELLEGRINI, […]

Hervey W. SCHOFIELD, III, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs August 19, 2005. Decided October 18, 2005. Reargument or Rehearing En Banc Denied December 6, 2005. Appeal from the Court of Common Pleas, Montgomery County, No. 04-11398, Brown, Senior Judge. James C. Sommar, […]

468 A.2d 907 Arcadia Coal Company and The Ohio Casualty Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Joseph Kubalic), Respondents. Commonwealth Court of Pennsylvania. December 19, 1983. Workmen’s compensation — Notice of disability — Knowledge of disability — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Occupational disease — […]

4154 Roosevelt Street, LLC v. Whitehall Township Zoning Hearing Board. No. 2719CD10.Commonwealth Court of Pennsylvania. July 1, 2011. Appeal from the Lehigh County 2010-C-0285. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

519 A.2d 1040 Edward A. Cloonan, Petitioner v. The Honorable Dick Thornburgh, Governor of the Commonwealth of Pennsylvania, Respondent. Pennsylvania Liquor Control Board, Petitioner v. Governor Richard Thornburgh, Respondent. Wendell W. Young, Individually, as a taxpayer et al., Petitioners v. Governor Dick Thornburgh, Respondent. Edward P. Zemprelli et al., Petitioners v. Dick Thornburgh, Respondent. United […]

568 A.2d 1352 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 88, AFL-CIO, Appellant, v. CITY OF READING, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1989. Decided January 18, 1990. Appeal from the Court of Common Pleas, Berks County, No. 218 January, 1988, W. Richard Eshelman, J. Page 576 Alaine S. Williams, with […]

695 A.2d 904 UPPER MORELAND TOWNSHIP DISTRICT, Appellant v. PENNSYLVANIA LABOR RELATIONS BOARD. Commonwealth Court of Pennsylvania.Argued February 3, 1997. Decided May 23, 1997. Reargument Denied July 17, 1997. Appeal from the Court of Common Pleas, Montgomery County, No. 95-19538, Carpenter, J. Page 905 Ellis H. Katz, Doylestown, for appellant. Peter Lassi, Harrisburg, for appellee. […]

551 A.2d 391 Gary Keay, Petitioner v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 14, 1988. Unemployment compensation — Willful misconduct — Burden of proof — Work rule — Alcoholic beverages. 1. The scope of review of the Commonwealth Court of Pennsylvania in an unemployment compensation case is […]

821 A.2d 666 Michael Antonis, v. Joseph J. Liberati v. Janice Jeschke Beall, Recorder of Deeds of Beaver County, and Murat Mouradian and Louise M. Garafola, Co-Administrators of the Estate of Boghas Paul Mouradian, deceased Appeal of: Joseph J. Liberati. Michael Antonis v. Joseph J. Liberati v. Janice Jeschke Beall, Recorder of Deeds of Beaver […]

540 A.2d 8 Norman Berman, Appellant v. Manchester Township Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued February 22, 1988. April 14, 1988. Zoning — Special exception — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact — Substantial evidence — Burden of proof — Traffic congestion — […]

475 A.2d 160 Vernon C. Buckley, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued February 1, 1984 April 13, 1984. Taxation — State personal income tax — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Net profits of physician — Reciprocal agreement — Equal protections — Reasonableness of […]

704 A.2d 172 In re Class Action Appeal of Margaret KELLY, 17 Rose Tree Village, and Sandra Greenfield, 16 Northgate Village, Upper Providence Township, Rose Tree Media School District, Media, PA 1903, also known as Village At Rose Tree, Representative Folio Nos. 35-00-01838 and 35-00-01054-77. Appeal of Margaret KELLY and Sandra Greenfield, Appellants. In re […]

445 A.2d 1341 Elaine Green, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1982 June 3, 1982. Motor vehicles — Suspension of motor vehicle operator’s license — Time of point assessment — Vehicle Code, 76 Pa. C. S. §§ 1538 and 1539 — Questions not properly raised — Equal protection. 1. […]

936 A.2d 183 Dr. Shirley K. CURL, Petitioner v. SOLANCO SCHOOL DISTRICT, Respondent. No. 503 C.D. 2006.Commonwealth Court of Pennsylvania.Argued: September 5, 2007. Decided: November 15, 2007. Appeal from the Supreme Court, 592 Pa. 4, 922 A.2d 871, No. 983 MAL 2006. Page 184 Frank P. Clark, Lemoyne, for petitioner. Jeffrey D. Litts, Lancaster, for […]

681 A.2d 1366 PENNSYLVANIA HUMAN RELATIONS COMMISSION, Petitioner, v. SCHOOL DISTRICT OF PHILADELPHIA, Respondent. Harry and Annemarie GWYNNE, Aspira of Pennsylvania, Intervenors, v. COMMONWEALTH of Pennsylvania, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, the City of Philadelphia and Edward Rendell, Mayor of the City of Philadelphia, Additional Respondents. Commonwealth Court of Pennsylvania. Decided […]

756 A.2d 1200 KEYSTONE COAL MINING CORP., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WASNAK), Respondent. No. 389 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 30, 2000. Filed: August 1, 2000. Before: Honorable Bernard L. McGinley, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION BY SENIOR JUDGE RODGERS. Keystone Coal Mining Corporation […]

690 A.2d 789 PHILADELPHIA OUTDOOR ADVERTISING, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1996. Decided February 28, 1997. Arnold E. Cohen, Philadelphia, for petitioner. Page 790 Thomas R. Haist, Assistant Counsel, Harrisburg, for respondent. Before McGINLEY, and FLAHERTY, JJ., and MIRARCHI, JR., Senior Judge. MIRARCHI, JR., Senior Judge. Philadelphia Outdoor […]

SCHEGGIA v. WHARTON TOWNSHIP ZONING BOARD. No. 164CD06.Commonwealth Court of Pennsylvania. September 14, 2006. Appeal from Fayette County 2230 for 2004. Decision without published opinion. Affirmed.

502 A.2d 800 City of Pittsburgh, Petitioner v. Workmen’s Compensation Appeal Board (Schiller), Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1985 January 10, 1986. Workmen’s compensation — Course of employment — Unnecessary activity — Playground injury — Furtherance of employer’s business — Knowledge of supervisor. 1. An employe injured on a child’s merry-go-round off the […]

682 A.2d 401 Wallace BOSTIC, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 28, 1996. Decided August 16, 1996. Appeal from the Board of Probation and Parole, the Commonwealth Court, No. 583 M.D. 1995, Rodgers, Senior Judge. Page 402 Wallace Bostic, Pro Se, Petitioner. Arthur R. Thomas, […]

TOWNSHIP OF MILLCREEK, Appellant v. ANGELA CRES TRUST OF JUNE 25, 1998. Commonwealth Court of Pennsylvania.Argued April 5, 2011. Decided July 15, 2011. Reargument Denied September 6, 2011. Appeal from the Court of Common Pleas, Erie County, No. 12295-2005, Dunlavey, J. Page 1289 Evan E. Adair, Erie, for appellant. Herbert Bass, Philadelphia, for appellee. BEFORE: […]

465 A.2d 111 Richard Chapman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 12, 1983. Unemployment compensation — Advising of rights — Need for counsel — Absences. 1. An unemployment compensation referee must advise unrepresented claimants of their right to secure counsel, to cross-examine adverse witnesses and […]

764 A.2d 632 FRANK SKLAR v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 225 C.D. 1997, 225 C.D. 1997.Commonwealth Court of Pennsylvania.Argued: June 17, 1999. Filed: August 4, 1999. Order Filed: December 28, 2000. Before: Honorable Bernard L. Mcginley, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior […]

982 A.2d 1041 MARION CENTER AREA SCHOOL DISTRICT, Appellant v. MARION CENTER AREA EDUCATION ASSOCIATION. No. 75 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: October 15, 2009. Decided: October 30, 2009. Appeal from the Court of Common Pleas, Indiana County, No. 10917 CD 2008, Martin, President Judge. Page 1042 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

334 A.2d 834 Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Frank Seltzer and Atkin Seltzer, t/a Seltzer Coal Company, Appellees. Commonwealth Court of Pennsylvania.Argued February 3, 1975 March 26, 1975. Eminent domain — Fixtures — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Assembled economic unit doctrine — Culm and silt accumulations […]

358 A.2d 745 Commonwealth of Pennsylvania, Insurance Department v. The Pennsylvania Coal Mining Association, Kerry Coal Company, Moshannon Falls Mining Company, Shawville Coal Company, Sunbeam Coal Corporation, West Freedom Mining Corporation and Reading Anthracite Company, Appellants. Coal Mining Compensation Rating Bureau of Pennsylvania, Intervenor. Commonwealth Court of Pennsylvania.Argued March 1, 1976 June 1, 1976. Insurance […]

525 A.2d 437 Globe Disposal Company, Inc., and American Environmental Services, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued April 11, 1986 May 4, 1987. Environment — Preliminary objections — Administrative Code of 1929, Act of April 9, 1929, P.L. 177 — Solid Waste Management Act, Act of […]

613 A.2d 174 John E. VERNA, an Incompetent, By his father and guardian, George J. VERNA, and John E. Verna, in his own right, and Joyce Verna, parent of John E. Verna, Appellants, v. COMMONWEALTH of Pennsylvania and Delaware County, a/k/a County of Delaware and Marple Township a/k/a Township of Marple, and Mary Lawrence and […]

395 A.2d 613 Appeal of Cedarbrook Realty, Inc. From the Real Estate Tax Assessments for the Tax Years 1970-1976. The Board of Assessment Appeals for Montgomery County et al. Cedarbrook Realty, Inc., Appellant. Cedarbrook Realty, Inc. and Cedarbrook Joint Venture v. The Board of Assessment Appeals for Montgomery County et al. Cedarbrook Realty, Inc. and […]

715 A.2d 548 MERRY J. MURTAGH, SPENCER LEE CHERASHORE et al., Appellants v. COUNTY OF BERKS and BERKS COUNTY BOARD OF ASSESSMENT APPEALS et al. Commonwealth Court of Pennsylvania.Argued April 15, 1998 Filed July 24, 1998 Appeal from the Common PLeas Court, Berks County, No 5182-89 A.D., Davenport. Page 549 Dennis F. Sheils, Philadelphia, for […]

707 A.2d 572 MILLERSBURG AREA SCHOOL DISTRICT, Petitioner v. LYNDA T., as Parent and Next Friend of BILLY T., a minor, Respondent. Commonwealth Court of Pennsylvania.Argued: October 6, 1997. Decided February 4, 1998. Appeal from the Special Education Appeals Panel. Page 573 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

395 A.2d 312 County of Allegheny, Appellant v. John Rangos, Appellee. Commonwealth Court of Pennsylvania.Argued November 2, 1978 December 14, 1978. Argued November 2, 1978, before Judges MENCER, DiSALLE and CRAIG, sitting as a panel of three. Appeal, No. 108 C.D. 1978, from the Order of the Court of Common Pleas of Allegheny County in […]

420 A.2d 785 Elizabeth Forward School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Thomas S. Geyer (token claimant), Respondents. Elizabeth Forward School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Rudolph Scheuerle (token claimant), Respondents. Commonwealth Court of Pennsylvania.Argued September 8, 1980 October 7, 1980. Unemployment […]

370 A.2d 1223 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Mrs. Anna Kokinda, Widow of Andrew Kokinda, Deceased v. Beltrami Enterprises, Inc., Appellant. (2 Cases) Commonwealth Court of Pennsylvania.Argued February 3, 1977 March 4, 1977. Workmen’s compensation — Apportionment of benefits — Anthra-cosilicosis — Date of disability — The Pennsylvania Workmen’s Compensation […]

367 A.2d 330 Edward Strelinski v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Edward Strelinski, Appellant. Commonwealth Court of Pennsylvania.Argued October 25, 1976 January 4, 1977. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Credibility — Evidentiary weight — Cause of a necessitous […]

767 A.2d 26 CITY OF PHILADELPHIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WILSON), Respondent. No. 1914 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: December 8, 2000. Filed: January 31, 2001. Page 27 Before: Honorable Bernard L. Mcginley, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION JUDGE McGINLEY The City of Philadelphia […]

411 A.2d 860 Mignatti Construction Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Environmental Hearing Board et al., Respondents. Township of Salford and Township of West Rockhill, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued November 14, 1979 February 28, 1980. Mining — Surface mining permit — Air Pollution Control […]

985 A.2d 984 Richard C. HVIZDAK, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 739 F.R. 2006.Commonwealth Court of Pennsylvania.Argued: October 15, 2009. Decided: November 19, 2009. Page 985 Charles L. Potter, Jr., Pittsburgh, for petitioner. Kevin A. Moury, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: McGINLEY, Judge, and PELLEGRINI, Judge, and KELLEY, Senior Judge. […]

538 A.2d 87 Spang Crest Home, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued November 20, 1987. February 22, 1988. Public assistance — Health care reimbursement — Scope of appellate review — Long-term care facility — Trust — Investment income — Commingling — Audit. 1. The scope of review […]

508 A.2d 371 William Fiore, t/d/b/a Municipal and Industrial Disposal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued October 10, 1985 April 23, 1986. Environment — Hazardous waste permit — Suspension — Scope of appellate review — Summary judgment — Res judicata — Collateral estoppel — Consent order. […]

566 A.2d 653 PORT AUTHORITY OF ALLEGHENY COUNTY, Appellant, v. LOCAL 85, AMALGAMATED TRANSIT UNION, an unincorporated association, on behalf of itself and all its members, and individually, Appellees. Commonwealth Court of Pennsylvania.Argued October 3, 1989. Decided November 22, 1989. Appeal from the Court of Common Pleas, Allegheny County, at No. G.D. 85-7513, Mclean, J. […]

752 A.2d 938 PATRICK M. CURRAN, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 2970 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: April 20, 2000. Filed: June 1, 2000. Appeal from the Unemployment Compensation Board of Review. Page 939 Gerald Lee Casady, for petitioner. Matthew W. McCullough, for intervenor, General Electric Co. Before: Honorable Joseph T. […]

568 A.2d 1372 Silsby H. KNIGHT and Ivy Knight, Appellants, v. LYNN TOWNSHIP ZONING HEARING BOARD and F. Paul Laubner, Appellees. Commonwealth Court of Pennsylvania.Argued November 13, 1989. Decided January 24, 1990. Appeal from the Court of Common Pleas, Lehigh County, No. 88-C-624, David E. Mellenberg, J. Page 618 Kevin T. Fogerty, Traub, Butz Fogerty, […]

364 A.2d 988 In Re: Appeal of Gennie Newland, Appellant, from a decision of the Allegheny County Health Department. Gennie Newland, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1976 October 8, 1976. Landlord-tenant relations — Local Agency Law, Act 1968, December 2, P.L. 1133 — Scope of appellate review — Violation of constitutional rights — […]

Susan RILEY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DPW/NORRISTOWN STATE HOSPITAL), Respondent. No. 1533 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs December 4, 2009. Decided March 17, 2010. Publication Ordered June 17, 2010. Page 383 Don R. Clemens, Plymouth Meeting, for petitioner. J. Brendan O’Brien, Philadelphia, for respondent. BEFORE: McGINLEY, Judge, and BUTLER, Judge, and […]

457 A.2d 1331 Tastykake, Inc., Petitioner v. Workmen’s Compensation Appeal Board (Michael K. Fornwalt), Respondents. Commonwealth Court of Pennsylvania. April 6, 1983. Workmen’s compensation — Burden of proof — Causation — Notice. 1. Where no obvious causal relationship exists between a work incident and a disabling injury, a workmen’s compensation claimant has the burden of […]

Alfred R. HANSCOM and Verna G. Hanscom, Appellants v. Richard M. BITLER, David A. Rupert, and Robert J. McKay, all as supervisors of Muncy Creek Township and Muncy Creek Township. Commonwealth Court of Pennsylvania.Submitted on Briefs September 2, 2005. Decided September 26, 2005. Appeal from the Court of Common Pleas, Lycoming County, No. 0500,408, Anderson, […]

693 A.2d 1009 Milan CIPCIC, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CONSOLIDATION COAL COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 21, 1997. Decided April 30, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A94-1182. Page 1010 John W. McIlvaine, Washington, for petitioner. Daniel J. Iler, Washington, for respondent. Before COLINS, President Judge, […]

737 A.2d 346 THOMAS A. VALENTI and ROBERT McCLUSKEY, Appellants v. WASHINGTON TOWNSHIP and ANN E. CUBBLER, DONALD HUMPHREYS and CONSTANCE HUMPHREYS No. 1319 C.D. 1998Commonwealth Court of Pennsylvania.Argued: March 12, 1999. Filed: August 25, 1999. Appeal from the Court of Common Pleas Berks County, No. 97-08290, Schaeffer, Senior Judge. Gary Pl. Lewis, for appellant. […]