Category: Pennsylvania Commonwealth Court Opinions

969 A.2d 1286 Zerfoss v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 1707CD08, 1708CD08.Commonwealth Court of Pennsylvania. April 1, 2009. Lancaster County CI-08-00744 CI-08-00751. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

872 A.2d 280 SNYDER v. WILKINSBURG CIVIL SERVICE COMMISSION. No. 1341CD04.Commonwealth Court of Pennsylvania. March 11, 2005. Appeal from the Allegheny County SA-03-000479. Decisions without published opinions Affirmed.

453 A.2d 384 Robert J. Bruckner, Petitioner v. Lancaster County Area Vocational-Technical Joint School Operating Committee, Respondent. Area Vocational-Technical School Committee for Lancaster County, Petitioner v. Robert J. Bruckner, Respondent. Commonwealth Court of Pennsylvania. December 23, 1982. Schools — Dismissal of professional employe — Scope of appellate review — Violation of constitutional rights — Error […]

404 A.2d 448 John J. Vehec, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 10, 1979 August 3, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absence policy. 1. An employe, discharged for failure to comply […]

375 A.2d 879 Miriam E. Frick, Petitioner v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued May 5, 1977 July 20, 1977. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Unemployment Compensation Law, Act 1936, December 5, […]

Artis v. Johnstown Housing Authority. No. 2373CD10.Commonwealth Court of Pennsylvania. May 11, 2011. Appeal from the Cambria County 2010-3947. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

309 A.2d 450 Doran Investments, Appellant v. Muhlenberg Township Board of Commissioners and Muhlenberg Township Concerned Citizens Association, Appellees. Philadelphia Home Builders Association, Amicus Curiae. Commonwealth Court of Pennsylvania.Argued June 5, 1973 September 11, 1973. Zoning — Planned residential development — Scope of appellate review — Abuse of discretion — Error of law — Pennsylvania […]

949 A.2d 982 Smith v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 1820CD07.Commonwealth Court of Pennsylvania. April 18, 2008. Appeal from the Franklin County 1212-2007. Decisions Without Published Opinions Affirmed.

755 A.2d 739 ABRAXAS FOUNDATION, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (DATEMASCH), Respondent. No. 69 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 2, 2000. Filed: July 13, 2000. Page 740 Jeffrey R. Wilson, Pittsburgh, for petitioner. Jeffrey Lundy, Punxsutawney, for respondent. Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Joseph F. McCloskey, Senior […]

485 A.2d 870 Dawson C. Wright, Sr., Appellant v. Zoning Hearing Board of Bridgeville and Andrew Nowak and Lorraine Nowak, Appellees. Commonwealth Court of Pennsylvania.Argued November 15, 1984 December 28, 1984. Zoning — Open Meeting Law, Act of July 19, 1974, P.L. 486 — Adjudication. 1. An adjudication of a zoning hearing board is invalid […]

JAMES CORPORATION d/b/a/ James Construction v. NORTH ALLEGHENY SCHOOL DISTRICT, Thomas Williamson, LLC, DL, Inc., Foreman Architects Engineers, Inc., and Chambers Vukich Associates, P.C. Appeal of: North Allegheny School District. Commonwealth Court of Pennsylvania.Argued October 9, 2007. Decided November 30, 2007. Reargument Denied January 30, 2008. Appeal from the Court of Common Pleas, Allegheny County, […]

397 A.2d 1286 Catherine C. Rodgers, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 February 23, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Credibility — Residency requirements — Domicile — Burden of proof — […]

532 A.2d 47 Parkside Associates, Inc., Appellant v. Zoning Hearing Board of Montgomery Township, et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 11, 1987. October 8, 1987. Zoning — Nonconforming use — Variance — Scope of appellate review — Abuse of discretions — Error of law — Findings of fact — Substantial evidence — Single […]

368 A.2d 920 James Gruver and Russell Banta v. Glenn M. Howell, Philip Walter and Frank Lange, duly elected Supervisors of the Township of Dallas. James Gruver and Russell Banta, Appellants. (2 Cases) Commonwealth Court of Pennsylvania.Argued October 8, 1976 January 21, 1977. Policemen and firemen — Equity — Scope of appellate review — Error […]

447 A.2d 1132 In Re: April Sauers. Commonwealth of Pennsylvania, Department of Public Welfare, Appellant. Commonwealth Court of Pennsylvania.Argued May 4, 1982 July 30, 1982. Public Assistance — Mental Health and Mental Retardation Act, Act of October 20, 1966, P.L. 96 — Commitment proceedings — In personam jurisdiction — Allocation of funds for mental health […]

319 A.2d 12 Southeastern Pennsylvania Transportation Authority, Appellant, v. Board for the Assessment and Revision of Taxes of Delaware County, Township Commissioners of Upper Darby and Board of School Directors of Upper Darby School District, Appellees. Commonwealth Court of Pennsylvania.Argued April 1, 1974 May 1, 1974. Argued April 1, 1974, before President Judge BOWMAN and […]

718 A.2d 371 James C. LAJEVIC v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs April 15, 1998. Decided September 17, 1998. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 0480 of 1996, Watson, J. Barbara A. Darkes, Asst. Counsel, and Timothy P. […]

935 A.2d 937 Hummel v. Com. of PA, Dept. of Trans., Bureau of Driver Lie. No. 196CD06.Commonwealth Court of Pennsylvania. November 30, 2007. Appeal from the Delaware County 97-14018. Decisions Without Published Opinions Reversed.

478 A.2d 912 Joseph R. Rodgers, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 15, 1984. Unemployment compensation — Regulations — Counsel. 1. An unemployment compensation claimant who elects to proceed without legal representation and who receives all the assistance from the tribunal due under governing regulations […]

521 A.2d 509 Commonwealth of Pennsylvania, Department of Community Affairs, Petitioner v. James R. Colston, Jr., Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1986 February 23, 1987. Civil service — Scope of appellate review — Dismissal — Burden of proof — Just cause — Failure to disclose real estate holdings — Governor’s Code of Conduct, […]

Board of Supervisors of Exeter Township v. Commonwealth Land Investments LLC. No. 2019CD08.Commonwealth Court of Pennsylvania. July 17, 2009. Appeal from the Berks County 07-5714. Decisions Without Published Opinions Reversed.

482 A.2d 673 Westinghouse Electric Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Margaret L. Pollard, Widow of Walter H. Pollard, Deceased), Respondents. Commonwealth Court of Pennsylvania. September 23, 1980. Workmen’s compensation — Costs — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Pa. R.A.P. 2741-2771 and 105 — Insurer’s costs. […]

391 A.2d 720 Lower Paxton Township v. Fieseler Neon Signs. Exxon Corporation, Appellant. Commonwealth Court of Pennsylvania.Argued June 9, 1978 September 13, 1978. Zoning — Interlocutory orders — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 — Pa. R.A.P. No. 311(a) — Act of 1925, March 5, P.L. 23 — Jurisdiction […]

467 A.2d 916 Rum Seller, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania. November 17, 1983. Liquor licensing — Revocation — Scope of appellate review — Admissions — Corporate officer. 1. In a liquor license revocation proceeding the scope of review of the Commonwealth Court of Pennsylvania, when […]

718 A.2d 918Commonwealth Court of Pennsylvania. June 1998. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION——– —— —- ————- ———– Harnish v. School District of Philadelphia …… 3339CD97 7/17/98 Philadelphia County Reversed and 2644 Nov. Term 1995 Remanded Oliver v. Board of Supervisors of Damascus Township ………. 1407CD97 7/22/98 Wayne County Affirmed 252 Civ 96 […]

414 A.2d 721 Darlene Bar, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania. May 9, 1980. Pennsylvania Liquor Control Board — Liquor Code, Act 1951, April 12, P.L. 90 — Review by courts of common pleas — Discretion of Board. 1. In reviewing a determination of the Pennsylvania […]

654 A.2d 241 Eugene L. COON, Sheriff v. The CIVIL SERVICE COMMISSION FOR ALLEGHENY COUNTY POLICE AND FIREMEN. Appeal of Deputy Meir Horvitz, Appellant. Commonwealth Court of Pennsylvania.Argued: November 3, 1994. Decided: January 30, 1995. Reargument Denied: March 21, 1995. Appeal from The Court of Common Pleas, Allegheny County, No. SA 2141 of 1993, Zavarella, […]

762 A.2d 1142 KENNETH L. GEESAMAN v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 80 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: May 19, 2000. Filed: November 22, 2000. Page 1143 Timothy P. Wile, Asst. Counsel In-Charge and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant. David E. Hershey, Harrisburg, for […]

409 A.2d 532 Independent Association of Pennsylvania Liquor Control Board Employees, by Fred Stair, President, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Retail Clerks State Organizing Committee, Intervenor. Commonwealth Court of Pennsylvania.Argued September 12, 1979 January 7, 1980. Pennsylvania Labor Relations Board — Unit clarification — Public Employe Relations Act, Act 1970, […]

406 A.2d 842 Clark Berry, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1979 October 15, 1979. Unemployment compensation — Leaving work to accompany spouse — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Necessity for findings of fact. […]

MORELLO v. CITY OF PHILADELPHIA, BOARD OF LICENSE AND INSPECTION REVIEW. No. 389CD04.Commonwealth Court of Pennsylvania. December 15, 2004. Appeal from the Philadelphia County, 2330 Sept. Term 2002. Decision without published opinion. Reversed.

805 A.2d 644 Richard Melvin Johnson, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 2385 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: February 22, 2002. Filed: July 30, 2002. ORDER NOW, September 23, 2002, having considered appellee’s application for reargument, the application is denied. Page 645 Barbara C. Litten, Tionesta, for appellant. […]

398 A.2d 762 Mona S. Fishman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 8, 1979 March 12, 1979. Unemployment compensation — Wilful misconduct — Disobeying order of employer — Change of disqualification grounds. 1. An employe discharged for disobeying an order of her employer that she […]

551 A.2d 1153 Michael Leahy and Deborah Leahy v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board and B. L. Tavern. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania. December 21, 1988. Civil procedure — Preliminary objections — Service — Scope of review — Record — Waiver — Fraud — Misrepresentation, mistake […]

654 A.2d 292 CONSOL PA COAL COMPANY, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (BARDOS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 30, 1994. Decided: February 2, 1995. Appealed from the Workmen’s Compensation Appeal Board, No. A93-1568. Page 293 Reversed. Daniel J. Iler, for petitioner. Joseph J. Cirilano, for respondent. Before COLINS, President Judge, and […]

546 A.2d 720 Pennsylvania Medical Society, Petitioner v. Commonwealth of Pennsylvania, State Board of Medicine, Respondent. Pennsylvania Osteopathic Medical Association, Petitioner v. Commonwealth of Pennsylvania, State Board of Osteopathic Medicine, Respondent. Commonwealth Court of Pennsylvania.Argued June 13, 1988. August 18, 1988. Physicians — Summary judgment — Pennsylvania Rule of Civil Procedure 1035(b) — Regulations — […]

CONCENTRIC NETWORK CORPORATION, (Now merged into and known as XO Communications, Inc.), Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 2005. Decided April 13, 2006. Appeal from the state Board of Finance and Revenue, Nos. 0207354 and 0207356. Page 7 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

563 A.2d 213 William D. SPARGO, Appellant v. ZONING HEARING BOARD OF THE MUNICIPALITY OF BETHEL PARK and Municipality of Bethel Park, Appellees. Commonwealth Court of Pennsylvania.Argued February 10, 1989. Decided: July 28, 1989. Reargument Denied October 6, 1989. Appeal from the Court of Common Pleas, Allegheny County, S. Louis Farino, J. Page 194 [EDITORS’ […]

552 A.2d 1183 The City of Scranton, Petitioner v. Workmen’s Compensation Appeal Board (Stone), Respondents Commonwealth Court of Pennsylvania.Submitted on briefs October 25, 1988. February 2, 1989. Workers’ compensation — Modification of benefits — Wages in lieu of compensation — Other jobs available. 1. When a workers’ compensation claimant is receiving wages in lieu of […]

879 A.2d 408 D.C., K.C. and K.J., Appellants v. SCHOOL DISTRICT OF PHILADELPHIA. No. 444 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: March 2, 2005. Decided: July 20, 2005. Appeal from the Court of Common Pleas, Philadelphia County, Jones, J. Page 409 Marsha L. Levick and Len Rieser, Philadelphia, for appellants. Scott F. Cooper, Philadelphia, for appellee. […]

432 A.2d 291 Pennsylvania Department of Education, Scranton State School for the Deaf, Petitioner v. Mark C. White, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1981 July 17, 1981. Civil service — Administrative Agency Law, 2 Pa. C. S. § 704 — Scope of appellate review — Civil Service Law, Act of August 5, 1941, […]

411 A.2d 1282 Yellow Cab Company of Philadelphia and Dewey Leasing, Inc., Petitioners v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1979 March 10, 1980. Pennsylvania Public Utility Commission — Taxicabs — Pledge of operating certificates — Standing to appeal — Timeliness of appeal — Public Utility Code, 66 Pa. C.S. […]

Commonwealth Court of Pennsylvania. 2001. DECISIONS WITHOUT PUBLISHED OPINIONS Canton Township Sanitary Authority v. Kraeer ……….. 2210CD98 5/18/2001 Washington County Affirmed 92-6216 Hub Tire Co., Inc. v. Comm., Dept. of Trans., Bureau of Motor Vehicles ……… 1216CD00 5/21/2001 Montgomery County Affirmed 00-03702 Robuck v. Elk County Tax Claim Bureau ……….. 1673CD00 5/21/2001 Elk County Vacated […]

674 A.2d 1204 In re CONDEMNATION OF .036 ACRES, MORE OR LESS, OF LAND OWNED BY WEXFORD PLAZA ASSOCIATES, a Partnership With Graham Realty Co. as General Partner and/or William L. Bauerle, Jr., et ux. and/or William L. Bauerle, et ux., and Located Between Booker Drive (A Public Road Located in the Township of Pine, […]

465 A.2d 740 Joan L. Murphy et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued April 6, 1983 September 28, 1983. Pennsylvania Human Relations Commission — Complaint — Specificity — Amendment — Preservation of issues for appeal — Due process — Equal protection — Rational relationship — Remedy. […]

642 A.2d 1139 Samuel W. BENNETT, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted September 24, 1993. Decided May 4, 1994. Reargument Denied July 12, 1994. Appeal from the Court of Common Pleas, Bradford County, No. 91 DL 000346, Smith, President Judge. Page 665 Robert B. McGuiness, […]

485 A.2d 851 Joseph R. Naglich, an individual, and Naglich Auto Sales, Inc., a Pennsylvania Corporation, Petitioners v. Commonwealth of Pennsylvania, State Board of Motor Vehicle Manufacturers, Dealers and Salesmen, Respondent. Commonwealth Court of Pennsylvania.Argued October 18, 1984 December 19, 1984. Motor vehicles — Revocation of salesman and dealer licenses — Motor Vehicle Salesmen’s License […]

365 A.2d 1357 Donna Lynn Reiff, a minor, by her parents and natural guardians, Donald A. Reiff and Dovie K. Reiff, and Donald A. Reiff and Dovie K. Reiff, in their own right, Plaintiffs v. Commonwealth of Pennsylvania, City of Philadelphia, Pennsylvania, et al., Defendants. Commonwealth Court of Pennsylvania. November 3, 1976. Sovereign immunity — […]

853 A.2d 1146 Francis P. Burns, Jr., Petitioner v. Public School Employees’ Retirement Board, Respondent. No. 19 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 11, 2004. Filed: July 15, 2004. Page 1147 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1148 James A. […]

357 A.2d 270 Commonwealth of Pennsylvania v. Salvatore DeMuro, Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1976 May 14, 1976. Motor vehicles — Suspension of motor vehicle inspection certificate — Questions not raised below — The Vehicle Code, Act 1959, April 29, P.L. 58 — Hearing de novo — Modification of penalties. 1. A party […]

681 A.2d 852 The Honorable H. William DeWEESE, Member of the House of Representatives of the Commonwealth, Individually, and On Behalf of the Democratic Caucus of the House of Representatives, Petitioner, v. The Honorable Tom RIDGE, Governor of the Commonwealth, The Honorable Thomas B. Hagen, Secretary of Commerce, and The Honorable David Black, Acting Secretary […]

700 A.2d 604 FATHY Z. SAAD, M.D., Appellant v. SACRED HEART HOSPITAL. Commonwealth Court of Pennsylvania.Submitted July 25, 1997. Decided September 17, 1997. Page 605 Donald H. Lipson, Allentown, for appellant. Frederick J. Lanshe, Allentown, for appellee. Before SMITH and FRIEDMAN JJ., and SILVESTRI, Senior Judge. SILVESTRI, Senior Judge. Fathy Z. Saad, M.D. (Dr. Saad) […]

541 A.2d 834 Lexington Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Insurance Department et al., Respondent. Commonwealth Court of Pennsylvania.Argued March 24, 1988. May 20, 1988. Civil procedure — Preliminary objections — Pa. R.C.P. Nos. 126, 1017 and 1028 — Rule to show cause — Pendency of prior action — Waiver. 1. An assertion that […]

664 A.2d 1098 Linda S. COOK, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs February 17, 1995. Decided September 8, 1995. Appeal from the Common Pleas Court, Indiana County, No. 763 C.D. 1992, Martin, J., reversed. DOT appealed. Page 1099 Timothy P. Wile, Assistant Counsel […]

767 A.2d 647 JASON EDMUND TETI v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 2902 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: May 26, 2000. Filed: January 24, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. Page 648 OPINION SENIOR […]

322 A.2d 743 Cole Steel Equipment Corporation and Employers Mutual Liability Insurance Company of Wisconsin, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Gloria E. Hernandez, Widow of Jose Hernandez, Deceased, Appellees. Commonwealth Court of Pennsylvania.Argued May 11, 1973 July 24, 1974. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights […]

481 A.2d 1247 Zbigniew Ficek, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 1, 1984. Unemployment compensation — Statutes — Ominbus Budget Reconciliation Act of 1981, 19 U.S.C. § 2315 (1981) — Overpayment — Waiver. 1. If statutory language is unambiguous, in the absence of a clearly […]

319 A.2d 697 Joseph Sobocinski, Appellant, v. City of Williamsport, Appellant. Commonwealth Court of Pennsylvania.Argued December 6, 1973 May 14, 1974. Nuisance — Police power — Public interest — Weeds — Public welfare — Reasonableness — Substantive due process — Procedural due process — Notice — Hearing — Constitution of the United States, Fourteenth Amendment […]

745 A.2d 709 THOMAS JEFFERSON UNIVERSITY HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (O’HARA), Respondent. No. 1112 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: September 17, 1999. Filed: February 3, 2000. Appeal from the Workers’ Compensation Appeal Board, No. A96-4470. Page 710 Wendy L. Slear, Philadelphia, for petitioner. No appearance entered for respondent. Before: Honorable Doris A. […]

SHAMOKIN AREA SCHOOL DISTRICT v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 86, Appellant. No. 146 C.D. 2010.Commonwealth Court of Pennsylvania.Argued March 9, 2011. Decided April 18, 2011. Appeal from the Court of Common Pleas, Northumberland County, No. CV-09-1958, Saylor, J. Page 580 Amy L. Rosenberger, Philadelphia, for appellant. Benjamin Pratt, York, […]

596 A.2d 286 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Lawrence T. DIXON, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs May 17, 1991. Decided July 31, 1991. Appeal from the Court of Common Pleas of Bucks County, Kenneth G. Biehn, J., No. 90-9816-13-6. Page 508 Timothy P. Wile, Asst. Counsel-In-Charge […]

389 A.2d 240 Trustees of the Presbytery of Philadelphia, Appellant v. Montgomery County Board of Assessment Appeals, Township of Abington and Abington School District, Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1978 July 25, 1978. Argued April 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE. Appeal, […]

853 A.2d 1 Hatfield Township Municipal Authority, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 1379 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: December 9, 2003. Filed: June 4, 2004. Order Filed: August 2, 2004. ORDER COLINS, President Judge. NOW, August 2, 2004, having considered petitioner’s application for reargument, and the answers filed by respondent and intervenor […]

498 A.2d 487 Rose Mary Jenkins, Appellant v. Mr. Mrs. McDonald, Constance Westerman Kelly and Department of Police Administration City/County of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued June 4, 1985 October 3, 1985. Governmental immunity — Scope of appellate review — Violation of constitutional rights — Abuse of discretion — Error of law — Attack […]

543 A.2d 1261 Katherine A. Keim, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Katherine A. Keim, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Commonwealth Court of Pennsylvania.Argued April 22, 1988. July 5, 1988. Civil service — Promotion — Discrimination — Burden of proof — Civil Service Act, Act of August 5, […]

317 A.2d 53 Milton Flexer and United National Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Ronald E. Wilson, and Interfaith Inter-Racial Council of the Clergy and Rockwood Insurance Co., Insurance Carrier, Appellees. Commonwealth Court of Pennsylvania.Argued March 8, 1974 March 22, 1974. Workmen’s compensation — Scope of appellate review — Inferences […]

415 A.2d 143 Julia N. Pavlosky, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 5, 1980 June 4, 1980. Unemployment compensation — Hearsay — Necessitous and compelling reasons. 1. Hearsay testimony cannot provide the basis of a referee’s findings in an unemployment compensation case; but where all […]

521 A.2d 62 Doctor’s Convalescent Center, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1986 February 12, 1987. Public welfare — Medical assistance reimbursement — Related-party transaction — Control — Stock acquisition and corporate liquidation — Partnership — Sale — Manual for Allowable Cost Reimbursement for […]

Ron Diehl Reconditioning v. Comm. of PA. No. 2576CD10.Commonwealth Court of Pennsylvania. July 13, 2011. Appeal from the Montgomery County CP-46-SA-0000510-2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed. Page 1132

850 A.2d 846 City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge No. 1, Appellant. City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge No. 1, Appellant. Nos. 56 C.D. 2004, 57 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: May 3, 2004. Filed: May 26, 2004. Page 847 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

812 A.2d 769 Leroy Shaw, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1270 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: October 25, 2002 Filed: December 13, 2002. Page 770 David Crowley, Bellefonte, for petitioner. Tara L. Patterson, Harrisburg, for respondent. Before: Honorable Rochelle S. Friedman, Judge; Honorable Robert Simpson, Judge; Honorable Jess S. Jiuliante, […]

442 A.2d 1240 Thomas Kuechler, Appellant v. The Township of Middletown et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 18, 1981 March 31, 1982. Argued November 18, 1981, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three. Appeal, No. 1282 C.D. 1980, from the Order of the Court of Common Pleas of […]

636 A.2d 291 James C. SMITH, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted September 17, 1993. Decided January 3, 1994. Appeal from the Board of Probation and Parole, No. 9197-G. Page 174 John C. Armstrong, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. Before DOYLE and FRIEDMAN, JJ., […]

365 A.2d 710 Commonwealth of Pennsylvania v. Gary Alloway. Gary Alloway, Appellant. Commonwealth Court of Pennsylvania.Argued September 10, 1976 October 28, 1976. Motor vehicles — Revocation of motor vehicle operator’s license — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law — Supersedeas — Use of vehicle in burglary […]

590 A.2d 1342 George J. SPENCER and Rosanna M. Spencer as Co-Administrators of the Estate of Rosanna M. Spencer, Deceased, Appellants, v. Greg PAVLIK and Commonwealth of Pennsylvania, Appellees. Commonwealth Court of Pennsylvania.Argued December 9, 1990. Decided May 2, 1991. Reargument Denied June 21, 1991. Appeal from the Court of Common Pleas, Montgomery County, No. […]

944 A.2d 97 BEAVER DAM OUTDOORS CLUB v. HAZLETON CITY AUTHORITY, Appellant. No. 1316 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: December 11, 2007. Decided: February 20, 2008. Reargument Denied: April 10, 2008. Appeal from the Court of Common Pleas, Carbon County, No. 04-2030, Addy, J. Page 98 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

754 A.2d 40 JACQUELINE PINN, PETITIONER v. WORKERS’ COMPENSATION APPEAL BOARD (HEMLOCK GIRL SCOUT COUNCIL), RESPONDENT. No. 2037 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 10, 1999. Filed: May 3, 2000. Reargument Denied July 13, 2000. Commonwealth Court, No. 2037 C.D. 1999. Page 41 Robert D. Hamilton, Harrisburg, for petitioner. Michael J. Crocenzi, Harrisburg, for respondent. […]

PENNSYLVANIA BANKERS ASSOCIATION, Adams County National Bank, Community Banks, Pennsylvania Association of Community Bankers, and Sterling Financial Corporation, Petitioners v. PENNSYLVANIA DEPARTMENT OF BANKING, Belco Community Credit Union, Pennsylvania Department of Revenue, Attorney General, Respondents. No. 397 M.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs September 11, 2006. Decided November 13, 2006. Reargument Denied December 13, […]

744 A.2d 817 VENSON L. JOHNSON, Petitioner v. UNEMPLOYMENT COMPENSATION: BOARD OF REVIEW, Respondent. No. 1565 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 12, 1999. Decided: January 20, 2000. Appeal from the Unemployment Compensation Board of Review, No. B-378805. Page 818 Venson L. Johnson, petitioner, pro se. Howard G. Hopkirk, Harrisburg, for intervenor, Office of Attorney […]

443 A.2d 1376 Interstate Carriers Cooperative, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Anthony DeSanto, Jr., Respondents. Commonwealth Court of Pennsylvania.Argued: February 1, 1982 April 27, 1982. Workmen’s compensation — Place of employment — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Place of contract — Credibility […]

625 A.2d 757 Valentino DeIULIIS, Appellant, v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH, Appellee. Commonwealth Court of Pennsylvania.Argued March 2, 1993. Decided May 18, 1993. Appeal from the Common Pleas Court of Allegheny County, No. S.A. 1110 of 1990, Penkower, J. Page 570 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

367 A.2d 399 In Re: Cary S. Giles, Appeal From the Findings of the Marple Newtown School District Board of Directors. Marple Newtown School District Board of Directors, Appellant. Commonwealth Court of Pennsylvania.Argued October 4, 1976 December 20, 1976. Schools — Expulsion of a student — Local Agency Law, Act 1968, December 2, P.L. 1133 […]

Isley v. Wilson. No. 361CD06.Commonwealth Court of Pennsylvania. January 12, 2007. Appeal from the Fayette County CP-26-MD-0000-12-2006. Decisions Without Published Opinions Transferred to Superior Court.

533 A.2d 202 Twining Services Corp., and Frank Kelly and Elizabeth Kelly, t/a Twining Village Associates, Appellants v. Northampton, Bucks County Municipal Authority, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1987. November 13, 1987. Argued June 8, 1987, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three. Appeal, No. […]

304 A.2d 520 McClellan, et ux. v. Zoning Hearing Board. Commonwealth Court of Pennsylvania.Argued March 5, 1973 May 9, 1973. Zoning — Appeal — Insufficient record — Ordinance — Stenographic record — Necessity for written findings — Remand. 1. When the record on appeal to the Commonwealth Court of Pennsylvania in a zoning case does […]

339 A.2d 835 Commonwealth of Pennsylvania ex rel. James R. Johnston, Plaintiff, v. The Pennsylvania Board of Probation and Parole, Defendant. Commonwealth Court of Pennsylvania.Argued May 7, 1975 June 27, 1975. Criminal law — Preliminary objections — Youthful offenders — Act of 1887, April 28, P.L. 63 — Maximum sentence — Commitment to Camp Hill […]

492 A.2d 474 City of Pittsburgh, a municipal corporation, Appellant v. Jules Melograne, t/a Eppy’s Parking Lot, Appellee. Commonwealth Court of Pennsylvania.Argued March 13, 1985 May 14, 1985. Taxation — Refunds — Mandamus — Scope of appellate review — Abuse of discretion — Error of law — Refund Enabling Act, Act of May 21, 1943, […]

423 A.2d 442 Condemnation of the Land and Property of G. William and Lillian E. Jacobs, Etc. G. William Jacobs and Lillian E. Jacobs, Appellants. Commonwealth Court of Pennsylvania.Argued October 6, 1980 December 5, 1980. Eminent domain — De facto taking — Trespass — Negligent acts. 1. In order for a condemnee to prove that […]

435 A.2d 295 Meredith M. Naugle, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Penn Machine Company, Respondents. Commonwealth Court of Pennsylvania.Argued September 17, 1981 October 7, 1981. Workmen’s compensation — Employer’s premises — Parking lot. 1. Where a workmen’s compensation claimant is not actually working at the time of a fall, his […]

597 A.2d 1254 Nula McGOLDRICK, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ACME MARKETS, INC. and Kemper Insurance Co.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 21, 1990. Decided September 30, 1991. As Amended November 25, 1991. Reargument Denied January 10, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A-89101. Page 559 [EDITORS’ NOTE: […]

758 A.2d 760 DAVID P. VALENTIN, Petitioner v. PENNSYLVANIA STATE POLICE, Respondent. No. 626 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: September 16, 1999. Filed: August 31, 2000. Page 761 James L. McAneny, Hairrisburg, for petitioner. Christopher D. Carusone, Harrisburg, for respondent. Before: Honorable Joseph T. Doyle, President Judge; Honorable Dan Pellegrini, Judge; Honorable Emil E. Narick, […]

687 A.2d 22 COMMONWEALTH of Pennsylvania, DEPARTMENT OF COMMERCE, v. Frank V. CARLOW and Marie Carlow, Appellants. COMMONWEALTH of Pennsylvania, DEPARTMENT OF COMMERCE, v. Frank V. CARLOW and Marie Carlow, his wife Marie Carlow, Appellant. Commonwealth Court of Pennsylvania.Argued November 18, 1996 Decided December 23, 1996. Appeal from Court of Common Pleas, Fayette County, Nos. […]

601 A.2d 384 Paul STEIN and Marjorie Stein, parents and natural guardians of Lynn Michelle Stein, a minor et al., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Upper St. Clair School District and Township of Upper St. Clair, Appellees. (Two Cases) Commonwealth Court of Pennsylvania.Submitted En Banc November 20, 1991. Decided December 10, 1991. […]

767 A.2d 1130 THE SPIRIT OF THE AVENGER MINISTRIES, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. No. 237 F.R. 1999.Commonwealth Court of Pennsylvania.Submitted: August 4, 2000. Filed: January 25, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION JUDGE KELLEY[1] [1] This matter was reassigned to […]