Category: Pennsylvania Commonwealth Court Opinions

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., […]

606 A.2d 603 PHILADELPHIA LODGE NO. 5, FRATERNAL ORDER OF POLICE and Local No. 22 International Association of Fire Fighters and John J. Shaw and Les Yost, Appellants, v. PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT and Elizabeth C. Reveal, David H. Pingree et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 19, 1991. Decided March 20, […]

740 A.2d 767 RICHARD CRISMAN, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (CYTEMP SPECIALTY STEEL), Respondent. No. 1202 C.D. 1997.Commonwealth Court of Pennsylvania.Argued: March 18, 1998. Filed: November 10, 1999. Appealed from the Commonwealth Court, No. 1202 C.D. 1997, Flaherty, J. Richard T. Ruth, Erie, for petitioner. Paul R. Marks, Warrendale, for respondent. Before: COLINS, President […]

417 A.2d 1327 In the Matter of Revocation of Restaurant Liquor License No. R-8030 etc. Shander Lounge, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued April 10, 1980 August 13, 1980. Liquor license — Revocation — Appeal — Notice. 1. Where the legislature fixes the time within which an appeal may be taken, courts have no power […]

560 A.2d 919 Mr. and Mrs. Charles LOVEALL et al., Appellants, v. ZONING HEARING BOARD OF the TOWNSHIP OF ELIZABETH and Elizabeth Township Sportsmen’s Association, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued May 4, 1989. Decided June 22, 1989. Reargument Denied August 31, 1989. Petition for Allowance of Appeal Denied March 2, 1990. Appeal from the […]

782 A.2d 631 Jetson Direct Mail Services, Inc., Petitioner v. Department of Labor and Industry, StateWorkmen’s Insurance Fund, Respondent. No. 40 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: March 30, 2001. Filed: August 20, 2001. Page 632 Before: Honorable Joseph T. Doyle, President Judge; Honorable Doris A. Smith, Judge; Honorable Jim Flaherty, Senior Judge. OPINION PRESIDENT JUDGE […]

569 A.2d 1022 Musette DUGGAN, Miles French, Deceased, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LITCHFIELD TOWNSHIP), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 27, 1989. Decided February 7, 1990. Appeal from the Workmen’s Compensation Appeal Board, A-89-412. Page 185 Michael J. Dowd, Dowd and Kocsis, Athens, for petitioner. Matthew D. Dempsey, Lenahan Dempsey, P.C., […]

401 A.2d 8 Thomas J. Cook, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1979 May 7, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absence — Illness — Narcolepsy — Findings of fact — Remand. […]

556 A.2d 506 Dennis Sims Africa, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 28, 1989. Parole — Recommitment — Scope of appellate review — Timeliness of revocation hearing — Continuance. 1. The scope of review of the Commonwealth Court of Pennsylvania from the recommitment of […]

651 A.2d 711 William A. PAUL V. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted: August 19, 1994. Decided: December 15, 1994. The Court of Common Pleas, Montgomery County, No. 93-08044, Rossanese, J. Marc A. Werlinsky and Timothy P. Wile, for appellant. Peter C. Paul, for appellee. Before […]

801 A.2d 635 John L. Thompson, Petitioner v. Workers’ Compensation Appeal Board (USFG Company and Craig Welding Equipment Rental), Respondents. No. 174 C.D. 1997.Commonwealth Court of Pennsylvania.Argued: May 7, 2002. Filed: June 21, 2002. Page 636 James L. Gillespie, Jr., Pittsburgh, for petitioner. C.S. Fossee, Cranberry Township, for respondents. John J. Bagnato, Johnstown, for amicus […]

373 A.2d 1380 Borough of Rochester v. Roberta Geary and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant. Borough of Rochester v. Roberta Geary, Appellant. Commonwealth Court of Pennsylvania.Argued May 4, 1977 June 10, 1977. Taxation — Indigents — Exoneration from payment of per capita taxes — Local Tax Collection Law, Act 1945, May 25, P.L. […]

346 A.2d 861 Commonwealth of Pennsylvania, State Real Estate Commission and Louis P. Vitti, Commissioner, Department of Professional and Occupational Affairs v. Earl L. Miller, II, RS, Appellant. Commonwealth Court of Pennsylvania.Argued September 11, 1975 October 31, 1975. State Real Estate Commission — Suspension of real estate broker’s license — Real Estate Brokers License Act, […]

529 A.2d 604 Lori Jin Kirsch v. Parking Authority of the City of New Castle, a Public Authority and Donald M. McNeil Associates, John Y. Fujiwara, Goldfarb Hecht, and V.S.L. Corporation. Parking Authority of the City of New Castle, Appellant. Lori Jin Kirsch, Appellant v. Parking Authority of the City of New Castle, a Public […]

835 A.2d 860 Pennsylvania Department of Corrections/SCI Waymart, Petitioner v. Workers’ Compensation Appeal Board (Cantarella), Respondent. No. 667 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 8, 2003. Filed: November 14, 2003. Brian M. Hemak, scranton, for petitioner. Cal A. Leventhal, Honesdale, for respondent. BEFORE: COLINS, President Judge; McGINLEY, Judge; SMITH-RIBNER, Judge; PELLEGRINI, Judge; FRIEDMAN, Judge; LEADBETTER, […]

297 A.2d 547 Lindenwood Corporation v. Township of Upper Darby. Commonwealth Court of Pennsylvania.Argued October 4, 1972 November 17, 1972. Zoning — Special exception — Burden of proof — Zoning ordinance — Public welfare — Error of law — Scope of appellate review — Character of a neighborhood — Traffic — Sufficiency of evidence. The […]

777 A.2d 1252 Diann Popoleo, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2770 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: March 30, 2001. Filed: June 5, 2001. Page 1253 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1254 Before: Honorable James Gardner […]

Fonco Construction Company v. City of Philadelphia. No. 1128CD06.Commonwealth Court of Pennsylvania. December 13, 2006. Appeal from the Philadelphia County T00010 Nov. Term 2004. Decisions Without Published Opinions Affirmed.

672 A.2d 364 Fred BENJAMIN, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (FURLONG MANUFACTURING COMPANY), Respondent. FURLONG MANUFACTURING COMPANY and PMA Group, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (BENJAMIN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 27, 1995. Decided February 5, 1996. Reargument Denied March 28, 1996. Page 365 Appeal from Workmen’s Compensation Appeal Board, […]

COMM. OF PA. v. $680.00 CASH, U.S. CURRENCY; REEVES. Nos. 2198CD05, 2199CD05.Commonwealth Court of Pennsylvania. April 6, 2006. Appeal from Fayette County No. 179 Misc. Docket 2005 CP-26-MD-0000179-2005. Decision without published opinion. Reversed and Remanded.

605 A.2d 447 Geraldine HERSHEY, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 10, 1992. Decided March 10, 1992. Appeal from the Unemployment Compensation Board of Review, No. B-292721. Page 256 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

466 A.2d 299 Board of Directors of the North Pocono School District and members thereof individually, Morgan Leonard, et al., Appellants v. Gouldsboro Taxpayers Association, a class, by Leo Canova, Jr. et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1983 October 18, 1983. Taxation — Mandamus — Act of May 21, 1943, P.L. 349 […]

Swierbenski v. Dunmore Borough Council. No. 1597CD06.Commonwealth Court of Pennsylvania. July 17, 2007. Appeal from the Lackawanna County 05-CV-3773. Decisions without Published Opinions Affirmed.

409 A.2d 122 The Redevelopment Authority of the City of Philadelphia, Appellant v. Louise R. Pelullo, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1979 December 18, 1979. Eminent domain — New trial — Inadequate verdict — Scope of appellate review — Abuse of discretion — Error of law — Award of viewers — Eminent Domain […]

780 A.2d 835 Township of Lycoming v. Paul Shannon and Ellen I. Shannon, his wife, Appellants. No. 774 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: April 4, 2001. Filed: July 18, 2001. Page 836 Before: Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION SENIOR JUDGE MIRARCHI Paul […]

719 A.2d 812 EDGEWATER STEEL COMPANY and LIBERTY MUTUAL INSURANCE COMPANY, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (BEERS), Respondent Commonwealth Court of Pennsylvania.Submitted on Briefs August 14, 1998 Decided September 15, 1998 Appeal from Worker’s Compensation Appeal Board, No. A94-2197. James R. Zeis, Pittsburgh, for petitioners. Daniel K. Bricmont, Pittsburgh, for respondent. Before COLINS, President […]

668 A.2d 1232 Dr. Frank J. SZARKO, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES and Delaware County Solid Waste Authority, Respondents. DELAWARE COUNTY SOLID WASTE AUTHORITY, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued October 13, 1995. Decided December 26, 1995. Appeal from the Environmental Hearing Board. Page 1233 Wendy E. Carr, for […]

Gregory DUNBAR, Petitioner v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 31, 2006. Decided July 7, 2006. Petition review from the order of the ALJ, Office of Attorney General, No. CHR00013. Gregory Dunbar, petitioner, pro se. Tara L. Patterson, Harrisburg, for respondent. PER CURIAM. Gregory Dunbar, pro se, petitions for review […]

711 A.2d 602 SCHOOL DISTRICT OF SPRINGFIELD TOWNSHIP v. SPRINGFIELD TOWNSHIP EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION, Appellant. Commonwealth Court of Pennsylvania.Argued on February 10, 1998. Filed on April 28, 1998. Appeal from the Court of Common Pleas, Montgomery County, Subers, J. A. Martin Hetting, Philadelphia, for appellant. Kenneth A. Roos, Blue Bell, for appellee. Before SMITH […]

495 A.2d 650 Irene K. Trotz, Petitioner v. Commonwealth of Pennsylvania, State Employes’ Retirement Board, Respondent. Irene K. Trotz, Petitioner v. Commonwealth of Pennsylvania, Public School Employes’ Retirement Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 10, 1985 July 15, 1985. Retirement — Purchase of Credits — Scope of appellate review — Error of law — […]

481 A.2d 1234 Donald C. Metzger, Appellant v. Zoning Hearing Board of the Township of Warrington, Appellee. Commonwealth Court of Pennsylvania.Argued June 7, 1984 September 25, 1984. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Landowner — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 […]

Bryant ARROYO and Martha Arroyo, Petitioners v. Gerald PAPPERT, Attorney General of Pennsylvania and Manheim Township Police Department, Respondents. No. 744 M.D. 2004.Commonwealth Court of Pennsylvania.Submitted May 6, 2005. Decided: May 31, 2005. Appeal to Compel the State Attorney General to respond, Pellegrini, J. Page 1074 No appearance entered on behalf of petitioners. Timothy P. […]

435 A.2d 678 Rose E. Barr, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1981 October 15, 1981. Public assistance — Pregnant women — Unborn children — AFDC — Public Assistance Eligibility Manual, 55 Pa. Code § 145.43(b) — Multiple pregnancy — Administrative agency — Dependent child […]

403 A.2d 150 In Re: Appeal of Calvary Fellowship Homes, Inc. from the Lancaster County Board of Assessment Appeals et al. Lancaster County Board of Assessment Appeals, Appellant. Commonwealth Court of Pennsylvania.Argued March 7, 1979 June 21, 1979. Taxation — Exemption — Purely public charity — Constitution of Pennsylvania, Article VIII, Section 2 — The […]

383 A.2d 1303 Denise E. Miller, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 3, 1978 April 4, 1978. Unemployment compensation — Availability for work — School employes — Summer unemployment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. A school employe, who […]

CITY OF PITTSBURGH and UPMC Benefit Management Services, Inc., Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (ROBINSON), Respondent. No. 1770 C.D. 2009.Commonwealth Court of Pennsylvania.Argued April 21, 2010. Decided September 22, 2010. Page 1131 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1132 […]

382 A.2d 482 William Roebuck, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 3, 1977 February 3, 1978. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, […]

DOTAN v. THE BOARD OF SUPERVISORS, BLAIR TOWNSHIP, BLAIR COUNTY, PA. No. 731CD05.Commonwealth Court of Pennsylvania. November 10, 2005. Appeal from Blair County 04 GN 6144. Decision without published opinion. Affirmed.

481 A.2d 992 McDonald’s Corporation v. Northampton Township Zoning Hearing Board. Northampton Township, Appellant. Commonwealth Court of Pennsylvania.Argued June 6, 1984 September 25, 1984. Zoning — Fence height restriction — Specific ordinance provisions. 1. It is improper to apply a general fence height requirement exemption of a zoning ordinance for recreational areas to a playground […]

588 A.2d 1337 Terry C. BAKER, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 11, 1991. Decided March 28, 1991. Appeal from the Civil Service Commission, No. 8730. Page 608 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

699 A.2d 807 PENNSYLVANIA SOCIAL SERVICES UNION, LOCAL 668, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, By and Through its Trustee Ad Litem, DAVID BAKER, Petitioner v. OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, OFFICE OF INSPECTOR GENERAL, AND THE STATE CIVIL SERVICE COMMISSION, Respondents. Commonwealth Court of Pennsylvania.Argued May 8, 1997. Decided August 14, 1997. Appeal from […]

526 A.2d 832 Loretta E. Segilia, Appellant v. Riverside School Service Personnel Association and Riverside School District, Appellees. Commonwealth Court of Pennsylvania.Argued November 19, 1986. May 27, 1987. Labor — Demurrer — Inadequate representation by union — Unfair labor practice — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Jurisdiction of […]

415 A.2d 126 Modad Taxicab Company and Carbondale Transfer Company, Petitioners v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued March 14, 1980 June 2, 1980. Pennsylvania Public Utility Commission — Taxicabs — Certificate of public convenience — Public Utility Code, 66 Pa. C.S. § 1103 — Requests for service — Hearsay — Need […]

406 A.2d 1196 School District of the City of York, Petitioner v. B. William Allison, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1979 October 17, 1979. Schools — Demotion — School principal — Attorney fees. 1. Whether a transfer from one position to another in a school district constitutes a demotion although salary remains the […]

862 A.2d 758 MARENNA v. WOODLAND HILLS SCHOOL DISTRICT. No. 1499CD04.Commonwealth Court of Pennsylvania. November 17, 2004. Appeal from the Allegheny County GD03-24523. Decision without publised opinion. Affirmed.

877 A.2d 550 Robert J. Cummins d/b/a Bob Cummins Construction Co., Petitioner v. Department of Transportation, Respondent. No. 2733 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 26, 2005. Decided: June 20, 2005. Page 551 Gregory A. Henry, Bradford, for petitioner. Christopher F. Wilson, Asst. Counsel, Harrisburg, for respondent. BEFORE: McGINLEY, J., and LEADBETTER, J., […]

406 A.2d 1198 Thomas D. El, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 October 18, 1979. Public assistance — Regulations — Public Welfare Code, Act 1967, June 13, P.L. 31 — Racial and ethnic data — Possibilities of perjury. 1. Public assistance benefits may be […]

511 A.2d 951 William Kuzneski, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. July 11, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Legal status of arresting officer — Reasonable grounds — Warning of effect of refusal — Credibility — Conflicting evidence. 1. The requirement […]

In Re: Establishment of INDEPENDENT SCHOOL DISTRICT CONSISTING OF THE BOROUGH OF WHEATLAND, Mercer County, Pennsylvania Farrell Area School District, Appellant. No. 533 C.D. 2006.Commonwealth Court of Pennsylvania.Argued October 17, 2006. Decided December 11, 2006. Appeal from The Court of Common Pleas, Mercer County, No. 2002-3646, Fornelli, President Judge. Page 904 James Nevant, II, Hermitage, […]

538 A.2d 651 Paratransit Association of Delaware Valley, Inc., Petitioner v. Honorable Howard Yerusalim, Secretary of Transportation and Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued December 15, 1987. March 8, 1988. Department of Transportation — Shared-Ride Transportation Reimbursement Program — Standing — Challenge to regulations — Associations — Original jurisdiction of […]

616 A.2d 84 Barbara L. BLUE, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 3, 1992. Decided September 21, 1992. Reargument Denied November 10, 1992. Appeal from the Unemployment Compensation Board of Review (UCBR), No. B-293945. Page 543 Alexander W. Banks, for petitioner. Harry A. Flannery, for respondent. […]

635 A.2d 725 Ronald RIGBY, Appellant, v. BOARD OF SUPERVISORS OF UNITY TOWNSHIP, P P Properties. Commonwealth Court of Pennsylvania.Submitted September 15, 1993. Decided December 23, 1993. Appeal from the Court of Common Pleas, Westmoreland County, No. 4166 of 1992, Scherer, J. Bruce E. Dice and Craig H. Alexander, for appellant. Daniel J. Hewitt, for […]

582 A.2d 68 GOODWIN VOLKSWAGEN, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent (Two Cases). Commonwealth Court of Pennsylvania.Argued September 11, 1990. Decided October 18, 1990. Appeal from the Board of Finance and Revenue, Nos. RST-7561, RST-7562 and RST-11, RST-112. Page 496 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

688 A.2d 247 ITT-HARTFORD INSURANCE GROUP and Communications Test Design, Inc., Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (ATLANTIC MUTUAL INSURANCE COMPANY and Ruth Junker), Respondents. Commonwealth Court of Pennsylvania.Submitted November 8, 1996 Filed January 24, 1997 Appeal from the Workmen’s Compensation Appeal Board, No. A94-1390. Page 248 Lizbeth A. Precopio, Fort Washington, for petitioners. Thomas […]

BROWN v. CENTRE TOWNSHIP BOARD OF SUPERVISORS. Nos. 301CD05, 443CD05.Commonwealth Court of Pennsylvania. October 19, 2005. Appeal from Berks County, 04-6447; #1, 04-6447; #2. Decision without published opinion. Affirmed and Quashed

417 A.2d 867 Hugh Wilson, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued April 11, 1980 August 4, 1980. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — The Vehicle Code, Act 1959, April 29, P.L. 58 — Reasonable grounds for belief by officer — Unequivocal assent […]

Losito v. Board of Supervisors of Lower Oxford Township. 110CD06.Commonwealth Court of Pennsylvania. August 11, 2006. Appeal from the Chester County 04-03204. Decisions Without Published Opinions Affirmed.

796 A.2d 431 Anzon Lead, Petitioner v. Workers’ Compensation Appeal Board (Glen Sexton, Decedent; Ellen Superfine, Widow), Respondent. No. 2120 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: February 1, 2002 Filed: April 19, 2002 Page 432 Stephen J. Harlen, Philadelphia, for petitioner. Kenneth R. Schuster, Media, for respondent. Before: Honorable Rochelle S. Friedman, Judge; Honorable Mary Hannah […]

745 A.2d 714 EDWARD PETROCSKO v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 886 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: July 31, 1998. Filed: February 4, 2000. Appeal from the Court of Common Pleas, Westmoreland County, No. 4580 of 1997, Ackerman, J. Page 715 Bryan S. Neiderhiser and Timothy P. Wile, […]

341 A.2d 233 Patricia Rylke, William Ramus, Janet Humphrey, and The Portage Area Education Association, Appellants, v. The Portage Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1975 July 7, 1975. Schools — Collective bargaining agreement — Reduction in force — Binding arbitration — Grievance procedures — Public School Code of 1949, Act […]

952 A.2d 697 Kathy M. WEEMS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1783 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted: on Briefs: January 18, 2008. Decided: April 15, 2008. Publication Ordered: June 26, 2008. Page 698 Sara A. Austin, York, for petitioner. Carol J. Mowery, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, […]

676 A.2d 1290 Gloria VEREB, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted March 13, 1996. Decided May 24, 1996. Appeal from Unemployment Compensation Board of Review, No. B-333399. Page 1291 William T. Ray, for Petitioner. Paul R. Jordan, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for Respondent. Before […]

332 A.2d 890 Union Bank and Trust Company of Eastern Pennsylvania, Appellant, v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. February 26, 1975. Taxation — The Fiscal Code, Act 1929, April 9, P. L. 343 — Bank shares tax — Act of 1907, June 13, P. L. 640 — Resettlement — Petition for refund […]

739 A.2d 619 JUANITA FOORE v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant Commonwealth Court of Pennsylvania.Submitted: August 13, 1999 Filed: October 18, 1999 Appealed from the Court of Common Pleas of Luzerne County, No. 5382-C of 1998, Burke, Jr., J. Page 620 Marc A. Werlinsky, Asst. Counsel, and Timothy P. […]

853 A.2d 1190Commonwealth Court of Pennsylvania. July 2004. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION______________________ ________ __________ _____________ ____________ Griendling v. West Vincent Township Zoning Hearing Board …….. 85CD04 07/20/2004 Chester County Affirmed 03-04125 Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Hyland 2108CD03 07/20/2004 Berks County Affirmed 02-14662 Cook v. […]

613 A.2d 643 B.P. OIL CORPORATION, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (MAHER), Respondent. Joseph F. MAHER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (B.P. OIL CORPORATION), Respondent. Commonwealth Court of Pennsylvania. Commonwealth Court of Pennsylvania.Argued June 18, 1992. Decided August 5, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-134. Page 550 Charles S. […]

684 A.2d 658 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Petitioner, v. James BROZZETTI, t/d/b/a Jim’s Amusements, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1996. Decided October 28, 1996. Appeal from the Board of Claims, No. 1415. Page 659 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

609 A.2d 911 THE FIRST NATIONAL BANK OF PENNSYLVANIA, Substitute Administrator of the Estate of Terry B. Babcock, Deceased, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION and Dorothy Babcock, Appellees. Commonwealth Court of Pennsylvania.Argued February 3, 1992. Decided May 21, 1992. Petition for Allowance of Appeal Denied October 6, 1992. Appeal from the Court […]

529 A.2d 1194 Cletus P. Lyman, Richard A. Ash, and Sixteen Twelve Latimer Partners, Appellants v. City of Philadelphia and School District of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued June 8, 1987. August 14, 1987. Taxation — Licensing — Declaratory judgment — Regulation of law practice — Constitution of Pennsylvania, Article V, Section 10 — […]

571 A.2d 533 Fred COLELLI v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH. Appeal of CITY OF PITTSBURGH. Commonwealth Court of Pennsylvania.Submitted February 8, 1990. Decided March 6, 1990. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 294 of 1987, Ralph J. Cappy, J. Page 616 Timothy C. Burke, Asst. […]

396 A.2d 856 The School District of Pittsburgh et al., Appellants v. Robert and Alexis Rankin, Minors, by Amanda Rankin, their mother et al., Appellees. Robert and Alexis Rankin, Minors, by Amanda Rankin, their mother et al., Appellants v. The School District of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 31, 1978 December […]

459 A.2d 916 Israel LaBoy, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 17, 1983. Pennsylvania Board of Probation and Parole — Single hearing examiner — Waiver of Board quorum — Inadequate record — Remand. 1. A case must be remanded to the Pennsylvania Board of […]

803 A.2d 260 Woods Services, Inc., Petitioner v. Department of Public Welfare, Respondent. No. 2396 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 12, 2002. Filed: July 17, 2002. Page 261 Thomas E. Coval, Willow Grove, for petitioner. Daniel Fellin, Harrisburg, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Robert Simpson, Judge; Honorable Charles P. Mirarchi, […]

476 A.2d 1008 Rosemary Carl, Petitioner v Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 12, 1984. Unemployment compensation — Willful misconduct. 1. In the context of unemployment compensation, the question of whether conduct rises to the level of willful misconduct is one of law subject to review by […]

413 A.2d 787 Patty Jean Preteroti, Administratrix of the Estate of Sherri Lynn Preteroti, Deceased v. Uniservice, Inc. and Commonwealth of Pennsylvania v. Margaret Novak. Uniservice, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1979 April 29, 1980. Sovereign immunity — Drowning in state-owned lake — Judicial Code, 42 Pa. C.S. § 5110 — Hazardous […]

291 A.2d 821 Debkowski v. Department of Public Welfare. Commonwealth Court of Pennsylvania.Argued May 5, 1972 June 20, 1972. Public assistance — Department of Public Welfare — Validity of regulations — Food stamps — Monthly income — Interval of payments — Accounting method. 1. A regulation of the Department of Public Welfare denying public assistance […]

398 A.2d 749 Mary R. Rose, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1978 March 8, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Poor financial condition. […]

427 A.2d 693 In Re: Petition of the Council of the Borough of Aliquippa, Beaver County, Pennsylvania, for the Authority To Fund Unfunded Debt. Borough of Aliquippa, Appellant. Commonwealth Court of Pennsylvania.Argued December 10, 1980 April 2, 1981. Debt — Local Government Unit Debt Act, Act of April 28, 1978, P.L. 124 — Unfunded debt […]

ABRUZZI OF COOPERSBURG, L.L.C. v. TAX CLAIM BUREAU OF LEHIGH COUNTY. No. 2326CD05.Commonwealth Court of Pennsylvania. June 29, 2006. Appeal from Lehigh County 2005-C-2456. Decision without published opinion. Affirmed.

569 A.2d 1020 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant, v. Kevin B. RAY, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1989. Decided February 7, 1990. Appeal from the Common Pleas Court, Philadelphia County, No. 954 October Term, 1988, Ethan Allen Doty, J. Page 180 William G. Brown, for appellant. Neal Cohen, Philadelphia, for appellee. Before DOYLE […]

Edward TAYLOR, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 795 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs September 10, 2010. Decided December 22, 2010. Appeal from the Pennsylvania Board of Probation and Parole, No. 8948-S. Kent D. Watkins, Saint Clair, for petitioner. Arthur R. Thomas, Asst. Counsel, Harrisburg, for respondent. BEFORE: LEADBETTER, […]

798 A.2d 845 In Re: Tax Claim Bureau of Schuylkill County Sale of September 29, 2000. Appeal of: Joseph F. Spotts, Jr. and Ann Spotts. No. 1925 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: April 8, 2002. Filed: May 22, 2002. Appeal from the Court of Common Pleas, Schuylkill County, No. S-2119-2000, Stine, J. Page 846 [EDITORS’ […]

718 A.2d 875 Thomas ROBB, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DEPARTMENT OF PUBLIC WELFARE), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 27, 1998. Decided September 15, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A96-4977. Page 876 Vincent L. Moran, Philadelphia, for petitioner. Paul E. Peel, Plymouth Meeting, for respondent. Before DOYLE […]

802 A.2d 696 Tina L. Dixon, Appellant v. Cameron County School District No. 2352 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: April 10, 2002. Filed: June 28, 2002. Appeal from the Court of Common Pleas, 59th Judicial District, Cameron County, Roof, P.J. Page 697 Christopher E. Mohney, DuBois, for appellant. Mark S. Jacob, St. Marys, for appellee. […]

589 A.2d 294 Robert E. BURNWORTH and Burnworth Auto, Petitioners, v. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 2, 1990. Decided April 8, 1991. Appeal from the State Board of Vehicle Manufacturers, Dealers and Salespersons, Nos. 86-60-1818 and 89-60-1564. Page 22 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

533 A.2d 1083 Committee of Seventy, et al. v. City Commissioners of the City of Philadelphia, et al. Democratic City Committee, Appellant. Commonwealth Court of Pennsylvania.Argued October 7, 1987. November 20, 1987. Elections — Redistricting — Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333 — Jurisdiction — Waiver — Collateral estoppel — Validity […]

872 A.2d 280 GALLAGHER v. SLIGO BOROUGH. No. 1652CD04.Commonwealth Court of Pennsylvania. March 11, 2005. Appeal from the Clarion County 1119 through 1123 and 1125 of 2002. Decisions without published opinions Affirmed.

613 A.2d 613 CITY OF PHILADELPHIA and Philadelphia Fire Department, Appellants, v. Bruce GLIM, Appellee. Commonwealth Court of Pennsylvania.Submitted June 16, 1992. Decided July 31, 1992. Appeal from the Common Pleas Court, Philadelphia County, No. 2348 July Term, 1990, Albert W. Sheppard, Jr., J. Page 492 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

454 A.2d 1170 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Rico Franzoni, Jr. and Yvonne A. Franzoni, t/a Rico’s Big Trout Inn, Appellee. Commonwealth Court of Pennsylvania. January 18, 1983. Pennsylvania Liquor Control Board — License violation — Operating another business on licensed premises — Scope of appellate review — Error of law […]