Category: Pennsylvania Commonwealth Court Opinions

Robert S. CUSTER, Appellant v. The BEDFORD COUNTY BOARD OF ASSESSMENT AND REVISION OF TAXES. No. 222 C.D. 2006.Commonwealth Court of Pennsylvania.Argued September 11, 2006. Decided November 2, 2006. Appeal from the Court of Common Pleas, Bedford County, No. 326 for the year 2005, Howsare, President Judge. Page 114 Ronald L. Finck, Harrisburg, for appellant. […]

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. […]

760 A.2d 1221 STEVEN M. MORNINGSTAR and JUNE M. MORNINGSTAR, husband and wife, Appellants v. THE MIFFLIN COUNTY SCHOOL DISTRICT. No. 471 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: September 11, 2000. Filed: October 19, 2000. Page 1222 Stuart A. Cilo, Lewistown, for appellants. Norman L. Levin, Lewistown, for appellee. Before: Honorable Doris A. Smith, Judge; Honorable […]

538 A.2d 91 Eleanor L. Dougherty, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Lavinia E. Bradford, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Grace M. Vogan, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Patricia A. Sanders, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Valetta J. Zemko, Petitioner […]

642 A.2d 653 Antonio G. METELO, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (OLD ORIGINAL BOOKBINDERS RESTAURANT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 21, 1994. Decided May 26, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2145. Page 349 Richard N. Shapiro, for petitioner. Gayle B. Frink, Johnson, for respondent. Before SMITH and […]

521 A.2d 100 Carol C. Roberts, Petitioner v. Workmen’s Compensation Appeal Board (Merck, Sharp Dohme and PMA Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Argued December 11, 1986 February 19, 1987. Workmen’s compensation — Burden of proof — Compensation — Suspension of limitation period — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. […]

979 A.2d 969 Joseph PIETROPAOLO, Sr. and Rosa F. and Joseph Pietropaolo, Jr. and Landscape Contractor, Inc., Appellants v. The ZONING HEARING BOARD OF LOWER MERION TOWNSHIP. No. 2173 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: June 11, 2009. Decided: August 19, 2009. Appeal from the Court of Common Pleas, Montgomery County, No. 08-09404, Moore, J. Page […]

391 A.2d 11 Charles Teslovich and Dolores Teslovich, his wife v. Lizzie Johnson, a/k/a Elizabeth Johnson, James W. Johnson, Amos A. Shroyer, Ida R. Shroyer, Garfield Shroyer and Rosetta Alverda Shroyer, and their heirs and assigns, generally. Rosetta Alverda Shroyer, Appellant. Charles Teslovich and Dolores Teslovich, his wife v. Amos A. Shroyer, Ida R. Shroyer, […]

308 A.2d 924 Irby Construction Co. and Liberty Mutual Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Gale Hunsinger, Widow of Leslie Hunsinger, Deceased, Appellees. Nancy Vaow Hunsinger, Widow of Leslie Hunsinger, Deceased, Appellant, v. Workmen’s Compensation Appeal Board and Irby Construction Co. and Liberty Mutual Insurance Company, Insurance Carrier, Appellees. Commonwealth […]

666 A.2d 761 OLD FORGE BANK, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 7, 1994. Decided October 20, 1995. Appeal from Unemployment Compensation Board of Review, No. B-315920-B. Page 762 Louis A. Cimini, for petitioner. Maribeth Wilt-Seibert, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for […]

339 A.2d 594 Greensburg Planning Commission, an Agency of The City of Greensburg, and The City of Greensburg, A Municipal Corporation, Appellants, v. Cabin Hill, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1975 May 28, 1975. Zoning — Amendment to zoning regulations — Legislative process — Judicial authority — Appeals — Challenge to validity […]

Weber v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 2653CD09.Commonwealth Court of Pennsylvania. October 15, 2010. Appeal from the Montgomery County 09-12864. Commonwealth Court of Pennsylvania Decisions Without Published Affirmed and Remanded.

360 A.2d 796 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Clinton E. Hoffer, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1976 June 21, 1976. Unemployment compensation — Fundamental fairness — Evidence omitted from the record — Conduct of hearings — Duty of referee — Correcting mistaken impressions. 1. Fundamental fairness […]

556 A.2d 924 In Re: Appeal of Gateway School District from the Action of The Board of Property Assessment, Appeals and Review of Allegheny County on Property Owned by Cobra Development Corp. The Municipality of Monroeville, Appellant. In Re: Appeal of Gateway School District from the Action of The Board of Property Assessment, Appeals and […]

Ex Rel John SINGLETON v. Sylvester JOHNSON, Police Commissioner, Philadelphia Police Department Appeal of: John Singleton. No. 2026 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs June 13, 2007. Decided July 5, 2007. Appeal from the Court of Common Pleas, Philadelphia County, Nos. MR 04-004144 CP 0303-0375, Kean, J. Page 1225 Owen w. Larrabee, Asst. Defender, […]

430 A.2d 722 Womeldorf, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. James F. O’Connor, Intervenor. Commonwealth Court of Pennsylvania.Argued May 6, 1981 June 11, 1981. Unemployment compensation — Due process — Notice of hearing procedure — Discharge — Voluntary termination — Cause of a necessitous and compelling nature — Reassignment […]

625 A.2d 768 ADAMS OUTDOOR ADVERTISING, LTD., a Limited Partnership, by Adams Outdoor Advertising, Inc., and Stephen Adams, its General Partner, Appellant, v. BOROUGH OF COOPERSBURG ZONING HEARING BOARD and Borough of Coopersburg. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided May 18, 1993. Appeal from the Common Pleas Court, Lehigh County, No. 89-C-320, Wallitsch, […]

495 A.2d 639 Richard Turzai, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued March 14, 1985 July 12, 1985. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Specificity of charges — Disclosing confidential […]

432 A.2d 650 Pasco Mariano, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1981 July 24, 1981. Unemployment compensation — Remand — Willful misconduct. 1. The decision to grant a remand to the referee for additional testimony in an unemployment compensation case is strictly within the […]

629 A.2d 283 Donald R. BYARD, Jr., a minor, by his parent and natural guardian, Brenda BYARD, and Brenda Byard, in her own right, Appellants v. PHILADELPHIA HOUSING AUTHORITY. Commonwealth Court of Pennsylvania.Argued November 19, 1992. Decided July 22, 1993. Petition for Allowance of Appeal Denied November 29, 1993. Appeal from the Court of Common […]

578 A.2d 1369 Thomas A. JONES, Sr., Appellant v. ZONING HEARING BOARD OF the TOWN OF McCANDLESS, Appellee. Commonwealth Court of Pennsylvania.Argued June 12, 1990. Decided August 15, 1990. Appeal from the Common Pleas Court of Allegheny County, No. S.A. 1409-88, Alan S. Penkower, J. Page 436 Donald P. Graham, Dillon, McCandless King, Evans City, […]

In re: Appeal of Bruce JONES from the Decision of the Zoning Hearing Board of Upper Moreland Township. Appeal of: Bruce Jones. No. 841 C.D. 2010.Commonwealth Court of Pennsylvania.Argued February 8, 2011. Decided July 1, 2011. Publication Ordered October 17, 2011. Appeal from the Court of Common Pleas, Montgomery County, No. 2009-19869. Marc D. Jonas, […]

406 A.2d 846 Maxine Slaughter, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 October 15, 1979. Public assistance — Emergency shelter assistance grant — Aid to Families With Dependent Children — Loss of work — Mortgage foreclosure. 1. An emergency shelter assistance grant is improperly denied […]

535 A.2d 304 Appeal of Judith B. Kahle, A Member of the Police Force of the Township of Foster, County of McKean, State of Pennsylvania. Judith B. Kahle, Appellant. Commonwealth Court of Pennsylvania. January 8, 1988. Municipalities — Termination of police officer — Seniority — Act of June 15, 1951, P.L. 586 — Estoppel — […]

James McCLURE, Sr., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CERRO FABRICATED PRODUCTS AND PMA GROUP), Respondents. No. 388 C.D. 2011.Commonwealth Court of Pennsylvania.Submitted on Briefs August 26, 2011. Decided September 15, 2011. Page 952 Stephen J. O’Brien, Pittsburgh, for petitioner. John B. Bechtol, Pittsburgh, for respondent Cerro Fabricated Products. BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, […]

497 A.2d 1388 Alice Lamoreaux, Widow, Harold Lamoreaux, Deceased, Petitioner v. Workmen’s Compensation Appeal Board (Celotex Corporation and Standard Fire Insurance Company), Respondents. Commonwealth Court of Pennsylvania. September 16, 1985. Workmen’s compensation — Heart attack — Causation — Burden of proof — Scope of appellate review — Violation of constitutional rights — Error of law […]

459 A.2d 923 Lillard Shaffer, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 19, 1983. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellate review. 1. An unemployment compensation claimant has the burden to show […]

336 A.2d 920 Lennox L. Moak and Bernard B. Eiss, Appellants, v. Philadelphia Newspapers, Inc. and Aaron Epstein, Appellees. Commonwealth Court of Pennsylvania.Argued April 1, 1975 April 30, 1975. Public records — Act of 1957, June 21, P.L. 390 — Public access — Reputation — Personal security — Philadelphia Home Rule Charter — Payroll records […]

390 A.2d 331 Joseph Yannuzzi, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1978 August 23, 1978. Horse racing — Pennsylvania Rules of Racing — Claiming race — Inaccurate claim form — Words and phrases — Void — Voidable. 1. Under the Pennsylvania Rules of Racing […]

560 A.2d 260 In re GENERAL ELECTION, NOVEMBER 8, 1988. Appeal of REPUBLICAN STATE COMMITTEE OF PENNSYLVANIA and Republican Executive Committee of Allegheny County. Commonwealth Court of Pennsylvania.Argued May 3, 1989. Decided June 9, 1989. Appeal from the Common Pleas Court, Allegheny county, Ralph J. Cappy, J. Page 451 Robert L. Byer, Eckert, Seamans, Cherin […]

448 A.2d 669 Bernard A. Ryan, Jr., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Higher Education Assistance Agency, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1982 August 4, 1982. Public information — Act of June 21, 1957, P.L. 390 — Contracts — Attorney — Non-citizen — Pennsylvania Higher Education Assistance Agency — Act of August 7, […]

575 A.2d 152 FAIRFIELD TOWNSHIP VOLUNTEER FIRE COMPANY NO. 1., Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued February 8, 1990. Decided April 27, 1990. Reargument Denied June 28, 1990. Petition for Allowance of Appeal Granted January 25, 1991. Appeal from the Pennsylvania Human Relations Commission. Page 46 [EDITORS’ […]

678 A.2d 1234 Philip M. ALCARAZ, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued May 15, 1996. Decided July 11, 1996. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-C-93-60-E. Page 1235 Friedman, J., filed dissenting opinion in which Smith, J., joined. Dianne M. Sheppard, for Petitioner. Peter Lassi, for Respondent. […]

Goodman v. Zoning Hearing Board of Chadds Ford Township. No. 1827CD06.Commonwealth Court of Pennsylvania. May 17, 2007. Appeal from the Delaware County 05-8908. Decisions without Published Opinions. Affirmed.

449 A.2d 878 John L. Crown, Appellant v. The Township of Ross, Appellee. Robert M. Muchenski, Appellant v. The Township of Ross, Appellee. Daniel M. Daley, Appellant v. The Township of Ross, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1982 September 8, 1982. Appeals — Time for appeals — First Class Township Code, Act of […]

387 A.2d 1022 Pequea Valley School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent; Fabio Pini et al., Intervenors. Commonwealth Court of Pennsylvania.Argued June 7, 1978 July 5, 1978. Schools — Transportation of pupils — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Constitutionality — Withholding school subsidy. 1. […]

685 A.2d 229 Michael CONWAY, aka Amin Ali Bey, Appellant, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Martin Horn, Commissioner. Commonwealth Court of Pennsylvania.Submitted on Briefs October 3, 1996. Decided November 4, 1996. Appeal from the Court of Common Pleas, Cumberland County, No. 95-6733, J. Wesley Oler, Jr., J. Michael Conway, pro se, petitioner. Shawn P. Kenny, […]

512 A.2d 772 Mary Kuna, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 15, 1986 July 14, 1986. Unemployment compensation — Continuance — Scope of appellate review — Abuse of discretion — Regulations — Notice of hearing — Notice to counsel — Essential testimony — Burden of […]

459 A.2d 74 McCormick Dray Lines, Inc., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Olen M. Johnson et al., Intervenors. Commonwealth Court of Pennsylvania. May 6, 1983. Unemployment compensation — Labor dispute — Work stoppage — Burden of proof — Scope of appellate review. 1. An unemployment compensation claimant whose employment […]

DUMAS v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 873CD05.Commonwealth Court of Pennsylvania. December 8, 2005. Appeal from Lebanon County 204-01511. Decision without published opinion. Affirmed.

383 A.2d 564 Mrs. Ruth G. Edwards, Petitioner v. Commonwealth of Pennsylvania, Department of State, Commissioner of Professional and Occupational Affairs (State Board of Funeral Directors), Respondent. Commonwealth Court of Pennsylvania.Argued February 3, 1978 March 16, 1978. State Board of Funeral Directors — Application for funeral director’s license — Widow’s license — Funeral Director Law, […]

406 A.2d 1204 W. Ken Duffy, Plaintiff v. Commonwealth of Pennsylvania, Defendant. Commonwealth Court of Pennsylvania.Argued September 13, 1979 October 18, 1979. Limitation of actions — Trespass — Act of 1713, March 27, 1 Sm.L. 76 — Judicial Code, 42 Pa. C.S. § 5524 — Failure to state cause of action — Pennsylvania Harness Racing […]

483 A.2d 1018 Commonwealth of Pennsylvania, Somerset Mental Retardation Unit, Department of Public Welfare, Petitioner v. Richard F. Sanders, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1984 October 24, 1984. Civil service — Dismissal — Discrimination — Jurisdiction — Procedural defect — Appeal — Due process. 1. In civil service appeals, the burden of proof […]

569 A.2d 1011 John J. REYNOLDS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BELL TELEPHONE COMPANY), Respondent. Commonwealth Court of Pennsylvania.Argued December 15, 1989. Decided February 6, 1990. Reargument Dismissed March 12, 1990. Appeal from the Workmen’s Compensation Appeal Board. Page 162 Vatche Kaloustian, Thomas F. McDevitt, P.C., Philadelphia, for petitioner. Christopher H. Wright, Berwyn, with […]

427 A.2d 288 Margaret McCloskey, Widow of Harold G. McCloskey, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and J. H. France Refractories, Inc., Respondents. Commonwealth of Pennsylvania, Department of Labor Industry, Bureau of Worker’s Compensation, Intervenor. Commonwealth Court of Pennsylvania.Argued February 2, 1981 March 19, 1981. Workmen’s compensation — Findings of fact […]

286 A.2d 5 Reading Municipal Airport Authority v. Schuylkill Valley School District, et al. Commonwealth Court of Pennsylvania.Argued December 7, 1971 January 17, 1972. Taxation — Airport hangars — Constitution of Pennsylvania, Article 8, Section 2 — General County Assessment Law, Act 1933, May 22, P. L. 853 — Tax exemption — Public property — […]

443 A.2d 429 Joseph A. and Frances T. DeMeno, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1982 April 1, 1982. Eminent domain — Delay damages — Date of entry — Eminent Domain Code, Act of June 22, 1964, P.L. 84 — Change in market value. 1. Provisions […]

427 A.2d 1264 Charles F. Bender, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 6, 1981 April 9, 1981. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Harassment of female student — Immoral behavior — Single incident […]

324 A.2d 872 Edwin S. Gaither, Appellant, v. Commonwealth of Pennsylvania, State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1974 August 9, 1974. Civil service — Scope of appellate review — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Violation of constitutional rights — Error of law — Findings […]

513 A.2d 1086 Pennsylvania Society of Oral Maxillofacial Surgeons, William W. Weiss, Jr., D.D.S., and Allan S. Shaw, D.D.S., Petitioners v. Insurance Commissioner of the Commonwealth of Pennsylvania, Continental Casualty Company and National Fire Insurance Company of Hartford, Respondents. Commonwealth Court of Pennsylvania.Argued April 9, 1986 August 5, 1986. Insurances — Rates — The Casualty […]

397 A.2d 51 City of Philadelphia v. B. Axe Company, Samuel Alper and Isadore Dion. Samuel Alper, Appellant. Commonwealth Court of Pennsylvania.Argued September 28, 1978 February 1, 1979. Taxation — Liability for wage taxes — Trust res — Constructive trust — Trustees ex maleficio — Controlling corporate officers. 1. A trust res exists upon which […]

551 A.2d 358 Kathleen Knudsen, Administratrix of the Estate of David E. Knudsen, Deceased, Appellant v. Delaware County Regional Water Quality Control Authority, Appellee. Commonwealth Court of Pennsylvania.Argued June 14, 1988. December 8, 1988. Delay damages — Rule 238 of the Pennsylvania Rules of Civil Procedure. 1. Where the trial court properly found that plaintiff […]

754 A.2d 733 NATALIE DAVIS, CLYDE TAYLOR, BENJAMIN ROBINSON, RICHARD DAVISON, MARY HOOSACK, CHARLES COLDER, FARLEA HOWIE, ELROY SAVAGE, HELEN MYERS, MONICA ANDROSKI KENNETH MILLER v. CHESTER UPLAND SCHOOL DISTRICT, JEFFREY LEGGETTE, KIRKWOOD COTTMAN, ANDREA GOLSON, FRED MOON, DONALD MASSE, CHARLES DAVIS JOSCELYN KEEVE BAGLEY, Appellants. No. 2701 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: May 15, […]

In re Petition for the APPROVAL OF SPECIAL COUNSEL. Appeal of: Luzerne County Retirement Board. Commonwealth Court of Pennsylvania.Argued November 1, 2004. Decided December 20, 2004. Reargument Denied February 23, 2005. Appeal from the Court of Common Pleas, Luzerne County, No. 843 C of 2003, Conahan, President Judge. Page 1158 Christopher P. Cullen, Dunmore, for […]

448 A.2d 647 Frank Irey, Jr., Inc. and American States Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (George J. Klemencic, Sr.), Respondents. Commonwealth Court of Pennsylvania.Argued May 5, 1982 July 19, 1982. Workmen’s compensation — Appeal — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Wages — Statutory Construction […]

754 A.2d 719 DAVID D. SHAEFFER, Appellant v. THE CITY OF LANCASTER. No. 2475 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: April 13, 2000. Filed: May 19, 2000. Appeal from the Court of Common Pleas, Lancaster County, Farina, J. Page 720 Paul A. Logan, King of Prussia, for appellant. Robert M. Frankhuser, Jr., Lancaster, for appellee. Before: […]

492 A.2d 494 Municipality of Hermitage et al., Appellants v. Hickory Township Fraternal Order of Police Lodge No. 82, by its Trustees Ad Litem, Joseph Novotny and Donald Marenchin, Appellees. Commonwealth Court of Pennsylvania.Argued March 14, 1985 May 17, 1985. Police — Retirement — Sick leave. 1. The payment to a police officer upon retirement […]

411 A.2d 1262 William H. Mosholder and Delores McMinn, as the Administratrix of the Estate of Daniel W. Mosholder v. Greene County Industrial Development Corp. and Sherwood Builders v. Municipal Authority for the Borough of Carmichaels et al. Sherwood Builders, Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1979 February 15, 1980. Workmen’s compensation — Trespass […]

434 A.2d 849 Joseph A. Manjone, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1981 September 9, 1981. Unemployment compensation — Voluntary termination of employment — Absence from work. 1. Where an employee fails to get in touch with his employer until a full week following […]

378 A.2d 1043 City of Philadelphia v. William M. Campbell, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1977 October 21, 1977. Process — Jurisdiction over the person — Pa. R.C.P. No. 1009(b)(2)(iii) — Service of summons on employe’s supervisor — Waiver of defect — Delay in request to strike judgment. 1. Service of process on […]

373 A.2d 143 Commonwealth of Pennsylvania, Department of Public Welfare, Plaintiff v. Adams County, Harry F. Biesecker, Ward D. Taylor, Kenneth E. Guise, Commissioners, Defendants. Commonwealth Court of Pennsylvania.Argued March 8, 1977 May 13, 1977. Public welfare — Food stamp program — Preliminary objections — The County Code, Act 1955, August 9, P.L. 323 — […]

Cummings v. Zoning Hearing Board of Adjustment of the City of Philadelphia. 369CD06.Commonwealth Court of Pennsylvania. August 10, 2006. Appeal from the Philadelphia County 3434 July Term 2005. Decisions Without Published Opinions Dismissed.

717 A.2d 1089 PORRECO v. MALENO DEVELOPERS, INC., John D. Maleno, Lynn E. Maleno (Two Cases). Anthony PASTORE, Carl Pastore, Don Pastore and Paul Pastore, d/b/a Pastore Brothers, Tenants in Common, and d/b/a Pastore Brothers, a Pennsylvania Partnership v. Louis J. PORRECO and Maleno Developers, Inc. v. TOWNSHIP OF MILLCREEK (Two Cases). Anthony PASTORE, Carl […]

EVANS v. JAMME-K, INC. No. 953CD05.Commonwealth Court of Pennsylvania. December 28, 2005. Appeal from Luzerne County 2738-C of 2004. Decision without published opinion. Affirmed.

539 A.2d 65 Richard Utegg, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 24, 1988. Pennsylvania Board of Probation and Parole — Recommitment order — Timeliness of request for administrative relief — Nunc pro tunc request — Notice. 1. A request by a parolee for administrative […]

519 A.2d 546 Sameric Corporation of Valley Forge, Appellant v. Valley Forge Center Association and Upper Merion Township, Appellees. Commonwealth Court of Pennsylvania.Argued November 20, 1986 December 24, 1986. Zoning — Off-street parking requirements — Stipulation — Conditions for issuance of occupancy permit — Equity — Preliminary injunction — Interlocutory appeal — Exceptions — Hearing […]

475 A.2d 1363 Banks Brothers, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1984 June 4, 1984. Eminent domain — Machinery — Eminent Domain Code, Act of June 22, 1964, P.L. 84. 1. A condemnee who fails to present evidence establishing that machinery could not be moved […]

786 A.2d 288 Harrisburg Taxicab Baggage Company t/a Yellow Cab, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 2252 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: June 6, 2001. Filed: October 25, 2001. Page 289 Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Bernard L. Mcginley, Judge; Honorable Doris A. Smith, Judge; […]

505 A.2d 1356 James L. Lutz, Petitioner v. Commonwealth of Pennsylvania, State Attorney General LeRoy S. Zimmerman, Respondent. Commonwealth Court of Pennsylvania. March 6, 1986. Mandamus — Public officials — Power of Attorney General — Commonwealth Attorneys Act, Act of October 15, 1980, P.L. 950. 1. Mandamus is an extraordinary writ which lies to compel […]

479 A.2d 29 Eastern Milk Producers’ Cooperative Association, Inc., v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1984 July 25, 1984. Milk — The Milk Producers’ and Cooperative Security Funds Act, Act of July 10, 1980, P.L. 481 — Abuse of discretion — Prejudice — Security fund — Priority […]

820 A.2d 836 Chester Upland School District, Petitioner v. Workers’ Compensation Appeal Board (Lee), Respondent No. 2217 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: January 24, 2003. Filed: April 2, 2003. David W. Brown, Huntingdon Valley, for petitioner. Conal P. Hickey, Media, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Rochelle S. Friedman, Judge; Honorable […]

444 A.2d 786 In Re: The Appeal of George R. Miller, Jr. from the decision of the Warminster Township Board of Supervisors. George R. Miller, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued: November 19, 1981 April 8, 1982. Zoning — Inconsistency — Township — Burden of proof — Curative amendment — Exclusion — Multi-family dwellings. 1. […]

609 A.2d 906 PAUL ARPIN VAN LINES and the Hartford Insurance Company, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (SELVEY and George W. Weaver Sons, Inc.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 6, 1992. Decided May 20, 1992. Appeal from the Workmen’s Compensation Appeal Board. Page 148 Paul J. Dellasega, for petitioners. Wayne L. […]

728 A.2d 438 CHARLES A. TRIMMER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MONAGHAN TOWNSHIP), Respondent Commonwealth Court of Pennsylvania.Submitted: January 15, 1999. Filed: April 21, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A96-4268. Gregory R. Reed, Harrisburg, for petitioner. Lawrence F. Barone, Harrisburg, for respondent. Before SMITH, J., KELLEY, J., and MIRARCHI, Jr., […]

654 A.2d 264 The MERCY HOSPITAL OF PITTSBURGH, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 9, 1994. Decided: January 31, 1995. Appeal from Unemployment Compensation Page 265 Board of Review, No. B-325866. Affirmed. Mary A. Traupman, for petitioner. Clifford F. Blaze, Deputy Chief Counsel, for respondent. Before […]

373 A.2d 1372 Walter Boehm, Petitioner v. The Board of Education of the School District of Pittsburgh, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1977 June 9, 1977. Schools — Dismissal of professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Quorum of school board members — Waiver of […]

300 A.2d 922 Benford v. Real Estate Commission. Commonwealth Court of Pennsylvania.Argued December 6, 1972 March 5, 1973. Real estate — Salesmen — Brokers — Suspension of real estate salesman’s license — State Real Estate Commission — Continuance — Delay of determination — Due process — Words and phrases — Substantial evidence — Findings of […]

447 A.2d 1071 Bakerstown Liquid Burners, Inc. et al. v. Richland Township et al. Concerned Citizens Action Program, Appellant. Bakerstown Liquid Burners, Inc. et al. v. Denis Ranalli et al. Concerned Citizens Action Program, Appellant. Commonwealth Court of Pennsylvania.Argued May 3, 1982 July 21, 1982. Zoning — Jurisdiction of zoning hearing board — Pennsylvania Municipalities […]

401 A.2d 610 West Chester Area School District, Petitioner v. Commonwealth of Pennsylvania, Secretary of Education of Pennsylvania and the Department of Education of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania. May 22, 1979. Schools — Emotionally disturbed child — Placement — Scope of appellate review — Violation of constitutional rights — Error of law — […]

327 A.2d 215 Garnet Valley School District, Appellant, v. John Hanlon, parent and natural guardian of Mary Ann Hanlon and Carol Hanlon, Minors; Frank T. Mace, parent and natural guardian of Frank Mace, Michael Mace and Theresa Mace, minors; and Joan A. Connors, parent and natural guardian of Patrick J. Connors and Brian F. Connors, […]

446 A.2d 1369 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Frank D. Gardone and Audrey Gardone, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued May 7, 1982 July 1, 1982. Eminent domain — Compensable injury — Change of grade — Variation in plans. 1. A petition for appointment of viewers seeking compensatory damages is appropriate […]

508 A.2d 637 William Goodyear, Sr., Petitioner v. Workmen’s Compensation Appeal Board (Robbins Door and Sash Company), Respondent. Commonwealth Court of Pennsylvania. May 2, 1986. Workmen’s compensation — Reinstatement — Burden of proof. 1. When a workmen’s compensation claimant has been laid off from a modified job provided by the employer and seeks reinstatement of […]

576 A.2d 104 Joseph M. McCOLGAN and John C. Summers, Appellants, v. W. Wilson GOODE, James Stanley White and Elizabeth Reveal, Appellees. Commonwealth Court of Pennsylvania.Argued May 3, 1990. Decided June 5, 1990. Appeal from the Common Pleas Court, Philadelphia County, No. 664 May Term, 1989, Samuel M. Lehrer, J. Page 392 Vito F. Canuso, […]

413 A.2d 449 Israel Fuentes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1980 April 16, 1980. Unemployment compensation — Untimely appeal — Burden of proof — Presumption of regularity. 1. In an unemployment compensation case, an untimely appeal will be permitted when there is proof […]

467 A.2d 430 Anthony Thomas, Petitioner v. Workmen’s Compensation Appeal Board (State Farm Insurance Companies), Respondents. Commonwealth Court of Pennsylvania.Argued May 9, 1983 November 10, 1983. Workmen’s compensation — Remand — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Referee — Recusal — Capricious disregard of evidence — Burden of […]

Roger J. WRAZIEN v. EASTON AREA SCHOOL DISTRICT, Appellant. No. 1891 C.D. 2006.Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided June 18, 2007. Appeal from the Court of Common Pleas, Northampton County, No. C-48-CV-2001-7915, Beltrami, J. Page 586 John E. Freund, III, Bethlehem, for appellant. Ronald W. Shipman, Easton, for appellee. BEFORE: LEADBETTER, President Judge, […]

529 A.2d 65 Peter M. Selan, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued April 23, 1987. July 27, 1987. Motor vehicles — Suspension of operator’s license — Refusal of blood test — Consent form. 1. The refusal of a properly requested blood test by a […]

377 A.2d 204 In the Matter of the Appeal of Center Road Tavern, Inc., Trading as Center Road Tavern, Inc., From the Order of the Pennsylvania Liquor Control Board. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania. September 1, 1977. Pennsylvania Liquor Control Board — Violations of Liquor Code, Act 1951, […]

383 A.2d 1295 Noel J. Gillette, M.D., Petitioner v. Kenneth J. Redinger and Nancy E. Redinger, Administrators of the Estate of Keith Alan Redinger, Deceased and Forbes Health System, a corporation trading as Columbia Health Center and Geoffrey M. Hosta, M.D. Associates and Kirk Redinger, Respondents. Commonwealth Court of Pennsylvania.Argued November 2, 1977 March 28, […]

Clifford J. PARRIS, Petitioner, v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. No. 2066 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: September 17, 2009. Decided: November 2, 2009. Page 822 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 823 Elliot A. Strokoff, Harrisburg, for petitioner. Paul […]

552 A.2d 359 Kellie Bollinger, a minor by Elsie Carraghan, her guardian and Elsie Carraghan, in her own right v. Theodore Obrecht et al. Theodore Obrecht and Lehigh County Vocational Technical School, Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1988. January 11, 1989. Final orders — Summary judgment — Collateral order doctrine — Immunity. 1. […]

641 A.2d 681 Joseph V. FISHER and Laverne B. Fisher, Appellants, v. WTG-CENTRAL, INC., and National Transit Company. Commonwealth Court of Pennsylvania.Argued February 28, 1994. Decided April 21, 1994. Reargument Denied May 31, 1994. Appeal from the Common Pleas Court, Butler County, No. AD 92-975, Rauschenberger, President Judge. Page 552 [EDITORS’ NOTE: THIS PAGE CONTAINS […]