Category: Pennsylvania Superior Court Opinions

621 A.2d 1115 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT v. JEK ENTERPRISES, INC. t/a Kelly’s Down By the Riverside Saloon, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs November 20, 1992. Decided February 9, 1993. Reargument Denied March 31, 1993. Appeal from the Court of Common Pleas, Beaver County, No. 27 Misc. 1992, Thomas […]

492 A.2d 108 Strawbridge Clothier, Inc., and Equitable Life Assurance Society of the United States, Appellants v. Board of Assessment Appeal of Delaware County, Pennsylvania, et al., Appellees. Commonwealth Court of Pennsylvania.Argued February 1, 1985 May 8, 1985. Taxation — Tax assessment — Uniformity — Common level ratio — Burden of going forward — Subjective […]

710 A.2d 1245 CLARENCE PALMER, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (HELEN MINING COMPANY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 26, 1997. Decided April 13, 1998. Appeal from the Workers’ Compensation Appeal Board (WCAB), No. A95-4673. Page 1246 A. Tereasa Rerko, Greenburg, for petitioner. Thomas B. Bacon, Pittsburgh, for respondent. Before COLINS, President […]

398 A.2d 260 Harold Richard Dunn v. Commonwealth of Pennsylvania and Merck Company, Inc. Commonwealth of Pennsylvania, Appellant. Harold Richard Dunn v. Commonwealth of Pennsylvania and Merck Company, Inc. Merck Company, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued February 5, 1979 March 5, 1979. Workmen’s compensation — Occupational disease — The Pennsylvania Occupational Disease Act, Act […]

542 A.2d 609 Isabel M. Dunn, Petitioner v. Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued March 22, 1988. June 3, 1988. Police officers and firefighters — Death benefits — Act of June 26, 1976, P.L. 424 — Causation — Heart attack — Substantial evidence — Findings of workers’ compensation authorities — Certification of […]

374 A.2d 1004 Wheeling-Pittsburgh Steel Corporation, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. United Steelworkers of America, AFL-CIO, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued October 28, 1976 June 24, 1977. Unemployment compensation — Voluntary termination — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lie. v. Cummings. No. 829CD10.Commonwealth Court of Pennsylvania. January 7, 2011. Appeal from the Delaware County 09-11681. Decisions Without Published Opinions Affirmed.

590 A.2d 1325 William G. MILLER, Jr., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (FISCHBACH MOORE), Respondent. Commonwealth Court of Pennsylvania.Argued February 11, 1991. Decided April 30, 1991. Reconsideration Denied June 18, 1991. Appeal from the Workmen’s Compensation Appeal Board No. A89-569. Susan Paczak, Edward Jaffee Abes Associates, P.C., Pittsburgh, for petitioner. Anne M. Coholan, Faderewski […]

548 A.2d 371 Thomas Martin and Edward Bernard Rosenfeld, Petitioners v. James J. Haggerty, Secretary of State of The Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 13, 1988. September 29, 1988. Prisoners — Elections — Demurrer — Pennsylvania Constitution, Article VII, § 1 — Electors — Penal institution — Pennsylvania Election […]

473 A.2d 247 Kenneth Jones, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 28, 1984. Parole — Sentencing — Pre-trial detention — Bail — Condition precedent — Parole Act, Act of August 6, 1941, P.L. 861 — Due process — Revocation. 1. For purposes of computing […]

274 A.2d 212 Upper Montgomery Joint Authority v. Lawrence I. Yerk. Commonwealth Court of Pennsylvania.Argued December 8, 1970 February 22, 1971. Eminent domain — Limitation of actions — Eminent Domain Code, Act 1964, June 22, Spec. Sess., P. L. 84 — Retroactive effect of limitation period. 1. The provisions of Section 524 of the Eminent […]

544 A.2d 1120 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Arthur Volpe, Appellee. Commonwealth Court of Pennsylvania. July 29, 1988. Liquor licensing — Charity — Liquor Code, Act of April 12, 1951, P.L. 90 — After hours sales. 1. The fact that after hours sales are conducted for charity does not excuse or […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS TRIAL COURT DOCKET DOCKET CAPTION NUMBER DATE NUMBER DISPOSITION Supervisors of Adams 534CD02 11/07/2002 Cambria County Affirmed Township v. Peretin 2000-2608 Comm. of PA, Dept. of 1054CD02 11/08/2002 Chester County Affimed Trans,. Bureau of No. 01-08044 of Driver Lic. v. McBride[2] Grmusa v. Comm. of PA 432CD02 […]

554 A.2d 186 Application of Bruce Vanett, M.D. and Associates and Doris Leibowitz v. Zoning Hearing Board of Marple Township and Township of Marple and Carl Huber and Mabel Huber, his wife, and Marple Summit Civic Association. The Township of Marple, and Carl Huber and Mabel Huber, his wife, and Marple Summit Civic Association, Appellants. […]

782 A.2d 642 Patsy J. Jordan and Melody K. Jordan, his wife, and Linda Lutes, for themselves and all others similarly situated, Appellants v. Fayette County Board of Assessment Appeals, Fayette County Assessor’s Office, Fayette County, Sean M. Cavanaugh, Vincent A. Vicites, Harry E. Albert, and James A. Hercik. No. 2738 C.D. 2000.Commonwealth Court of […]

342 A.2d 114 Harold S. Campbell v. The Bethlehem Parking Authority, The Redevelopment Authority of The City of Bethlehem, and The City of Bethlehem. Harold S. Campbell, Appellant. Commonwealth Court of Pennsylvania.Argued June 4, 1975 July 25, 1975. Urban redevelopment — Equity — Scope of appellate review — Abuse of discretion — Error of law […]

738 A.2d 523 RALPH KLEESE, Petitioner v. PENNSYLVANIA STATE BOARD OF FUNERAL DIRECTORS, Respondent No. 2632 C.D. 1998Commonwealth Court of Pennsylvania.Argued: April 13, 1999 Filed: September 30, 1999 Page 524 Gary L. James, Hummelstown, for petitioner. Thomes A. Blackburn, Harrisburg, for respondent. Before: McGINLEY, J., FLAHERTY, J., and McCLOSKEY, Senior Judge. OPINION FLAHERTY, JUDGE Ralph […]

698 A.2d 1378 Geraldine LOMBARDO, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (TOPPS COMPANY, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 9, 1997. Decided August 6, 1997. Reconsideration and Reargument Denied September 19, 1997. Appeal from the Workman’s Compensation Appeal Board, No. A95-3282. Page 1379 Louis A. Cimini, Scranton, for petitioner. Ross A. Carrozza, […]

769 A.2d 1246 THE MORNING CALL, INC. v. THE HOUSING AUTHORITY OF THE CITY OF ALLENTOWN, U.G.I. UTILITIES, INC. and HOUSING AND REDEVELOPMENT INSURANCE EXCHANGE APPEAL OF: U.G.I. UTILITIES, INC. No. 3204 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: October 5, 2000. Filed: March 21, 2001. Before: Honorable James Gardner Colins, Judge; Honorable Doris A. Smith, Judge; […]

500 A.2d 1261 Felix Steve Milewski, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. November 22, 1985. Pennsylvania Fish Commission — Regulations — Gill net mesh size — Fish and Boat Code, 30 Pa. C. S. § 2903 — Waiver of objection — Subject matter jurisdiction — Ineffectiveness of counsel — Due process […]

Piero A. SASSU, Appellant v. BOROUGH OF WEST CONSHOHOCKEN, Borough Council of West Conshohocken and West Conshohocken Borough Pension Fund. No. 1972 C.D. 2006.Commonwealth Court of Pennsylvania.Argued June 13, 2007. Decided July 16, 2007. Appeal from the Court of Common Pleas, Montgomery County, No. 05-27542, Daniele, J. Blake E. Dunbar, Jr., Blue Bell, for appellant. […]

814 A.2d 788 Pittsburgh Steelers Sports, Inc., Petitioner v. Workers’ Compensation Appeal Board (Williams), Respondent. No. 1007 C.D. 2002, 1007 C.D. 2002Commonwealth Court of Pennsylvania.Submitted: August 16, 2002. Filed: October 23, 2002. Order Filed: January 8, 2003. ORDER And now, this 8th day of January, 2003, it is hereby ordered that the opinion filed October […]

590 A.2d 72 Terry A. COLE; George W. Meadows; Bessie L. Meadows; Norma J. Lebder; and Fred L. Lebder, Petitioners, v. Charles EVANINA, President, of the Concerned Citizens of Fayette County and the Concerned Citizens of Fayette County, Respondents. Terry A. COLE; George W. Meadows; Bessie L. Meadows; Norma J. Lebder; and Fred L. Lebder, […]

713 A.2d 1177 LOUIS SUBASHI, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 6, 1998. Decided June 1, 1998. Appeal from The Unemployment Compensation Board of Review, No. B-363425. Page 1178 Lynne L. Wilson, Harrisburg, for petitioner. Leo A. Hackett, Media, for Intevenor, Chester Upland School District. Before […]

619 A.2d 390 Colton L. HUGHES, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided December 30, 1992. Appeal from the Background Investigation Appeal Board. Page 410 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 411 Robert […]

463 A.2d 1210 Harold Weinberg, Petitioner v. Commonwealth of Pennsylvania, State Board of Examiners of Public Accountants, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1983 August 8, 1983. Professional licensing — Discipline — Laches — Accountants. 1. Laches may be asserted as a defense in administrative disciplinary actions involving professional licensees; the defense bans relief […]

721 A.2d 1127 J.K., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1998. Decided October 21, 1998. Appeal from the Department of Public Welfare, No. 21-96-351. Page 1128 Donald Marritz, Carlisle, for petitioner. Carol L. Van Horn, Chambersburg, for intervenor, Franklin County Children Youth Services. Before PELLEGRINI and FRIEDMAN, JJ., […]

437 A.2d 540 Charles C. Lavallee and Ruth Lois Lavallee, his wife v. Zoning Board of Adjustment of the City of Pittsburgh. Henry DeLuca, Appellant. Commonwealth Court of Pennsylvania.Argued October 5, 1981 December 4, 1981. Zoning — Rear yard requirements — Garage — Variance. 1. A variance to permit the construction of a garage in […]

Minnick v. Millcreek Township. No. 1749CD06.Commonwealth Court of Pennsylvania. June 7, 2007. Appeal from the Erie County 135202-2005. Decisions Without Published Opinions Affirmed.

704 A.2d 729 Dennis J. KELLEHER, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued November 6, 1997. Decided December 23, 1997. Appeal from the Board of Finance and Revenue, No. 14887. Stuart C. Gual, Jr., Pittsburgh, for petitioner. Christopher M. Kazmaier, Harrisburg, for respondent. Before COLINS, President Judge, PELLEGRINI, J. (P.), and RODGERS, […]

727 A.2d 640 W.H. NEWBOLDS SON COMPANY/HOPPER SOLIDAY COMPANY, INC., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued: February 10, 1999. Decided: March 25, 1999. Appeal from the Board of Finance and Revenue, No. 18592. Page 641 Francis Mazzola, Harrisburg, for petitioner. John J. Butcher, Harrisburg, for respondent. Before: COLINS, President Judge, and […]

412 A.2d 1388 Louderback Transportation Company and Reliance Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Adrien Lemieux, Respondents. Commonwealth Court of Pennsylvania.Argued March 13, 1980 April 15, 1980. Workmen’s compensation — Review of remand orders — Interlocutory orders — Motion to quash. 1. Remand orders of the Workmen’s Compensation Appeal […]

478 A.2d 149 Alexander F. Barbieri, Court Administrator of Pennsylvania, Petitioner v. Honorable Kendall H. Shoyer et al., Respondents. Commonwealth Court of Pennsylvania.Argued January 31, 1984 July 9, 1984. State Employes’ Retirement Board — Senior judges — Judiciary Act of 1976, 42 Pa. C. S. § 3154 — Recoupment of excess compensation — State Employes’ […]

532 A.2d 1262 Commonwealth of Pennsylvania, State Correctional Institution at Graterford, Department of Corrections, Petitioner v. Mark E. Ehnot, Respondent. Commonwealth Court of Pennsylvania. November 2, 1987. Civil service — Cause of suspension — Awareness of violation. 1. Under the Civil Service Act, Act of August 5, 1941, P.L. 752, disciplinary suspensions of classified employes […]

590 A.2d 827 ARMCO, INC. and Pacific Employers Insurance Co., Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (CARRODUS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 21, 1990. Decided April 26, 1991. Petition for Allowance of Appeal Denied October 31, 1991. Appeal from the Workmen’s Compensation Appeal Board. Page 327 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

468 A.2d 1167 Axel R. Anderson, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. December 21, 1983. Public assistance — Medical assistance — Eligibility — Interest in real estate — Residence — Likelihood of return — Evidence — Hearsay. 1. Where regulations governing eligibility for medical assistance exempt from […]

365 A.2d 880 Lacey Park Volunteer Fire Company No. 1, Appellant v. Board of Supervisors of Warminster Township, Bucks County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1976 November 10, 1976. Townships — Power to suspend operation of fire companies — The Second Class Township Code, Act 1933, May 1, P.L. 103 — Assets […]

696 A.2d 912 A.P., Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 16, 1997. Decided July 2, 1997. Appeal from the department of Public Welfare, No. 21-95-100. Page 913 Jan Ira Medoff, Pittsburgh, for petitioner. Jefferey P. Scmoyer, Assistant Counsel, Harrisburg, for respondent. Before COLINS, President Judge, and McGINLEY, […]

560 A.2d 905 WESTERN PENNSYLVANIA WATER COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1989. Decided June 21, 1989. Appeal from the Department of Environmental Resources. Page 27 Raymond H. Conaway, Zimmer, Kunz, Loughren, Hart, Lazaroff, Trenor, Banyas Conaway, P.C., Pittsburgh, for petitioner. Zelda Curtiss, Gail […]

331 A.2d 255 Pennsylvania Human Relations Commission, Petitioner, v. Othar Hansson, Iceland Products, Inc., Respondent. Commonwealth Court of Pennsylvania.Argued January 6, 1975 January 27, 1975. Human relations — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — Subpoena duces tecum — Complaint — Investigation — Hearing. 1. Under the Pennsylvania Human Relations Act, […]

COMMONWEALTH of Pennsylvania v. Janice HAAGENSEN, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 2006. Decided June 2, 2006. Appeal from the Court of Common Pleas, Lawrence County, Nos. 602-605, and 608 of 2002, SA, Motto, President J. Page 469 Paul D. Boas, Pittsburgh, for appellant. Kim M. Watterson, Pittsburgh, for appellee. BEFORE: FRIEDMAN, Judge, and […]

402 A.2d 708 Walker Kemp, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. June 18, 1979. Pennsylvania Board of Probation and Parole — Right of confrontation — Hearsay — Parole revocation hearing. 1. A parolee must be afforded the right to confront and cross-examine adverse witnesses at […]

381 A.2d 230 Rockwood Area School District, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Alice H. Tipton, Widow of Jack E. Tipton, Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1977 January 9, 1978. Workmen’s compensation — Remand — Interlocutory order — Premature appeal — Clarification of findings — Causation — Failure to […]

500 A.2d 215 Arthur P. Fledderman, Petitioner v. Workmen’s Compensation Appeal Board (Stackpole Carbon Corporation), Respondents. Commonwealth Court of Pennsylvania.Argued October 10, 1985 November 14, 1985. Workmen’s compensation — Refusal of proffered employment — Good faith refusal — Availability of work. 1. A long-term employe is properly permitted to receive disability benefits for an eleven […]

773 A.2d 1271 B.J.K., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 497 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 8, 2000. Filed: April 27, 2001. Page 1272 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION JUDGE FLAHERTY B.J.K. petitions, pro se, for review of a decision of […]

944 A.2d 832 COAL GAS RECOVERY, L.P., and Emerald Coal Resources, L.P., Appellants v. FRANKLIN TOWNSHIP ZONING HEARING BOARD, GREENE COUNTY, Pennsylvania. No. 1120 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: February 11, 2008. Decided: March 20, 2008. Appeal from the Court of Common Pleas, Greene County, Misc. No. 23, 2007, Nalitz, J. Page 833 [EDITORS’ NOTE: […]

710 A.2d 137 Jeffrey STAUB, Petitioner v. DEPARTMENT OF STATE, STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1997. Decided April 9, 1998. Appeal from the State Registration Board for Professional Engineers, Land Surveyors and Geologist, No. 00036-47-96. Page 138 Frank P. Clark, Hummelstown, for petitioner. […]

455 A.2d 295 William M. Nicastro, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. February 3, 1983. Parole — Revocation hearing — Waiver — Continuance — Time constraints — Regulation. 1. When a parolee has failed to object to either the timeliness of the hearing on his […]

473 A.2d 735 Miriam Pryor, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 5, 1984. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellate review — Medical problems — Notice — Immediate supervisor. 1. In an […]

698 A.2d 1360 Nelson HORNER v. BOROUGH OF CALIFORNIA, Appellant. Commonwealth Court of Pennsylvania.Argued June 2, 1997. Decided August 1, 1997. Appeal from the Court of Common Pleas, Washington County, No. 94-6710, Gladden, President Judge. Harry A. Stiffler, Jr., Charleroi, for appellant. John M. Purcell, Uniontown, for appellee. Before DOYLE and LEADBETTER, JJ., and JIULIANTE, […]

684 A.2d 246 Richard L. Audrey M. TYSON, Petitioners, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1996. Decided October 29, 1996. Appeal from the Board of Finance and Revenue, No. 12730. Donald M. Lewis, III, Harrisburg, for Petitioner. Ronald H. Skubecz, Senior Deputy Attorney General, for Respondent. Before PELLEGRINI and FRIEDMAN, […]

875 A.2d 1195 Joan A. Fagan v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Appellant. No. 1605 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: January 7, 2005. Filed: March 22, 2005. Order Filed: June 10, 2005. ORDER AND NOW, this 10th day of June, 2005, upon consideration of Appellant Department of Transportation, Bureau of […]

Resources for Human Development, Inc. v. Zoning Board of Adjustment. No. 451CD06.Commonwealth Court of Pennsylvania. April 23, 2007. Appeal from the Philadelphia County 01549 May Term 2005. Decision without Published Opinions Vacated and Remanded.

412 A.2d 667 Stanley Fair, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1980 March 13, 1980. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Conflicting evidence — Insubordination — Disregard of employer’s interest and expected […]

425 A.2d 49 Kenworth Trucks Philadelphia, Inc. and Joseph M. Scheidley, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued October 10, 1980 January 29, 1981. Motor vehicles — Suspension of certificate of appointment as official inspection station — Modification of penalty — Scope of appellate review […]

773 A.2d 206 SPANKEY’S AUTO SALES, INC., Petitioner v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Respondent; SPANKEY’S AUTO SALES, INC., Petitioner v. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS and SALESPERSONS, Respondent. No. 1440 C.D. 1999, 2053 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: December 9, 1999. Filed: April 12, 2001. Page 207 Before: Honorable Joseph T. Doyle, […]

702 A.2d 885 Robert S. SYMS, Appellant. v. LOWER SOUTHAMPTON TOWNSHIP and Lower Southampton Township Board of Supervisors. Commonwealth Court of Pennsylvania.Argued October 9, 1997. Decided November 21, 1997. Appeal from the Court of Common Pleas, Bucks County, No. 96-006641, Clark, J. Page 886 James P. McEvilly, Jr., Feasterville, for appellant. Robert R. Fleck and […]

349 A.2d 504 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Michael J. Gervasi, Appellant. Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Michael F. Kozempel, Appellant. Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Salvatore Martines, Appellant. Commonwealth Court of Pennsylvania.Argued December 5, 1975 December […]

FOREST HILLS EDUCATION ASSOCIATION v. FOREST HILLS SCHOOL DISTRICT. No. 2105CD03.Commonwealth Court of Pennsylvania. September 24, 2004. Appeal from the Cambria County 2003-0038. Decision without published opinion. Affirmed.

671 A.2d 1211 MARTIN MEDIA, a California Corporation, Appellant, v. HEMPFIELD TOWNSHIP ZONING HEARING BOARD and Hempfield Township. Commonwealth Court of Pennsylvania.Argued November 13, 1995. Decided February 27, 1996. Appealed from the Court of Common Pleas, Westmoreland County, No. 9824 of 1992, Ackerman, J. Page 1212 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

488 A.2d 1194 Sophie Cisco, Petitioner v. Workmen’s Compensation Appeal Board (A P Tea Company), Respondents. Commonwealth Court of Pennsylvania. March 8, 1985. Workmen’s compensation — Remand — Medical reports — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Medical testimony. 1. A request for a remand to the workmen’s […]

972 A.2d 31 In re Nominating Petition of R. Seth WILLIAMS. Appeal of R. Seth Williams. Commonwealth Court of Pennsylvania. April 8, 2009. Trial Ct. No. 02799 March Term 2009. ORDER PER CURIAM. Now, April 8, 2009, the order of the Court of Common Pleas of Philadelphia entered March 27, 2009 is reversed. The Philadelphia […]

522 A.2d 136 State Conference of State Police Lodges of the Fraternal Order of Police, by its Trustee Ad Litem, Paul T. McCommons, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1986 March 9, 1987. State police — State Employees’ Retirement Code, Act of March 1, 1974, P.L. 125 — Pensions […]

331 A.2d 593 F. Edward Finkle and Northwest Community Housing Association, Inc., Appellants, v. Commonwealth of Pennsylvania, State Real Estate Commission, Appellee. Commonwealth Court of Pennsylvania.Argued December 6, 1974 February 4, 1975. State Real Estate Commission — Appeal — Administrative Agency Law, Act 1945, June 4, P.L. 1388 — Words and phrases — Aggrieved party […]

450 A.2d 280 Richard Carroll, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 14, 1982. Unemployment compensation — Voluntary termination of employment — Necessitous and compelling cause — Health — Physicians’ statements. 1. In order to sustain a determination of cause of a necessitous and compelling nature […]

329 A.2d 307 Evelyn V. Kanzelmeyer, Appellant, v. Milton J. Eger, A. Gay Shinaberry, Mark Hilliker, Robert Zappie, Lawrence C. Mezmar, Gaze Yoko, Joseph J. Calfrelli, Sam J. Taormina, Robert Cleary, All Members of the Board of Directors of Hopewell Area School District; Camillo A. Bonomi, Superintendent of Hopewell Area School District; and Lillian Curtiss, […]

533 A.2d 1150 Rocco Scalzi, Appellant v. City of Altoona, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1987. December 4, 1987. Police — Pa. R.C.P. No. 235 — Due process — Third Class City Code, Act of June 23, 1931, P.L. 932 — Impermissible commingling of functions. 1. Pa. R.C.P. 235 is not applicable to […]

344 A.2d 766 Ralph H. Sweigart, Appellant, v. Borough of Ephrata and Carl W. Fuehrer, Borough Manager, Appellees. Commonwealth Court of Pennsylvania.Argued September 11, 1975 October 1, 1975. Boroughs — Construction of sidewalks — The Borough Code, Act 1966, February 1, P.L. (1965) 1656 — Power of municipal corporation — Equity — Sufficient evidence. 1. […]

366 A.2d 629 Frank Parente v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Frank Parente, Appellant. Commonwealth Court of Pennsylvania.Argued October 28, 1976 December 10, 1976. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Increase in self-employment activity. 1. An employe is ineligible for […]

579 A.2d 996 NEWLIN CORPORATION and Somerset of Virginia, Inc., Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner v. NEWLIN CORPORATION and Somerset of Virginia, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued June 12, 1990. Decided August 10, 1990. Appeal from the Environmental Hearing Board, No. […]

737 A.2d 838 JOSEPH A. TOTH, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (USX CORPORATION and THOMSON), Respondents No. 147 C.D. 1999Commonwealth Court of Pennsylvania.Submitted: July 30, 1999 Filed: September 2, 1999 Appeal from the Workers’ Compensation Appeal Board, No. A97-3061. Page 839 Daniel K. Bricmont, for petitioner. Marie Jurbala Shiring, for respondent. Before: PELLEGRINI, Judge, […]

819 A.2d 148 Browning-Ferris Industries, Inc., New Morgan Landfill Company, Inc., and Conestoga Landfill, Petitioners v. Department of Environmental Protection, Respondent. Lisa and Steven Giordano, Petitioners v. Department of Environmental Protection, Respondent. No. 2194 C.D. 2001, 2291 C.D. 2001Commonwealth Court of Pennsylvania. Filed: March 13, 2003. Page 149 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

350 A.2d 417 William L. Eckert, Appellant v. Neil Buckley, Mayor, Carl R. Forster, Chester D. May, Frank A. Nedrow, Richard F. Moline, John E. Lovey, Onley J. Gray, John A. Marmarella, Members of Council, and the Borough of Aspinwall, Appellees. Commonwealth Court of Pennsylvania.Argued October 29, 1975 January 23, 1976. Boroughs — Mandamus — […]

681 A.2d 872 PARKESBURG BOROUGH, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued June 13, 1996. Decided August 30, 1996. Appeal from the Public Utility Commission (PUC) order, No. I-00000168. Page 873 James J. Marlowe, II, for Petitioner. Terrence J. Buda, for Respondent. Before FLAHERTY and LEADBETTER, JJ., and KELTON, Senior Judge. […]

554 A.2d 146 Commonwealth of Pennsylvania, Department of Education, Scranton State School for the Deaf, Petitioner v. Basil S. Maskaly, Respondent. Commonwealth Court of Pennsylvania.Submitted on briefs November 16, 1988. February 1, 1989. Civil Service Commission — Untimely appeal — Own motion investigation — Leave to appeal nunc pro tunc — Findings of fact and […]

409 A.2d 980 Robert M. Campbell, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 11, 1980. Parole revocation — Computation of back time. 1. All time served by a convicted parole violator prior to revocation of parole is credited to the new sentence where the parolee […]

726 A.2d 1125 OFFSET PAPERBACK, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 12, 1999. Decided March 17, 1999. Reargument Denied April 22, 1999. Appeal from the Unemployment Compensation Board of Review, No. B-373059. Page 1126 Matthew Lee Wiener, Philadelphia, for petitioner. John B. Dougherty, Harrisburg, for intervenor, […]

513 A.2d 1131 Board of Bishops of The Church of the Living God et al., Appellants v. John Milner et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 9, 1986 August 13, 1986. Churches — Property — Ownership — Corporation. 1. Regardless of the form of government of a particular church, a court asked to determine […]

480 A.2d 1324 Carol Lines, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 6, 1984 September 5, 1984. Pennsylvania Public Utility Commission — Certificate of public convenience — Pennsylvania Mass. Transportation Law, Act of January 22, 1968, P.L. 42 — Southeastern Pennsylvania Transportation Authority — Jurisdiction — Public Utility Code, […]

587 A.2d 873 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1803, Appellant, v. CITY OF READING, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1990. Decided February 28, 1991. Reargument Denied April 8, 1991. Appeal from the Court of Common Pleas, Berks County, Nos. 171 May, 1986 and 207 June, 1986, W. Richard Eshelman, Senior Judge. Page 245 […]

399 A.2d 819 Joseph John Weglarz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 April 5, 1979. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Cause of a necessitous and compelling nature — Burden of proof […]

712 A.2d 782 COMMONWEALTH OF PENNSYLVANIA (ON BEHALF OF DUBLIN BOROUGH), Appellant v. ROBERT M. PELLEGRINO, Appellee. Commonwealth Court of Pennsylvania.Argued February 10, 1998. Decided May 8, 1998. Appealed from the Common Pleas Court, Bucks County, No. 175 Misc. 1997, Rufe, J. John Philip Diefenderfer for appellant. Stephen B. Harris for appellee. Before SMITH and […]

730 A.2d 539 Jarrett Carl SCOTT, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Mathew S. Liero, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. Commonwealth Court of Pennsylvania.Argued: March 10, 1999. Decided: May 11, 1999. Page 540 Appeal from the Court of Common Pleas, Northampton County, […]

782 A.2d 1127 Thomas W. Whiteford v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 945 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: July 20, 2001. Filed: August 24, 2001. Page 1128 Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION SENIOR JUDGE JIULIANTE […]

636 A.2d 227 COMMONWEALTH of Pennsylvania, DEPARTMENT of ENVIRONMENTAL RESOURCES, Plaintiff, v. John BRYNER, Sr. et al., Defendants. Commonwealth Court of Pennsylvania. December 17, 1993. Publication Ordered December 29, 1993. Page 2 Beth Liss Shuman, for plaintiff. Page 3 Gregory Henry and Robert L. Saunders, for defendants. Before PALLADINO, J. PALLADINO, Judge. Presently before this […]

880 A.2d 24 1ST STEPS INTERNATIONAL ADOPTIONS, INC., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 1351 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: April 5, 2005. Decided: June 7, 2005. Publication Ordered: August 1, 2005. ORDER JIULIANTE, Senior Judge. And now, this 1st day of August, 2005, it is ordered that the opinion filed June 7, […]

676 A.2d 720 Lillian GLASSMAN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 8, 1996. Decided April 15, 1996. Reargument Denied June 10, 1996. Appeal from the Compensation Appeal Board, No. A94-1008. Pellegrini, J., dissented. Page 721 Brian R. Steiner, for Petitioner. James M. Pacious, for […]

402 A.2d 1154 Michael F. Welsh, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1979 July 5, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absenteeism — Grievance — Reinstatement. 1. An employe discharged for excessive […]

676 A.2d 1298 CITY OF PHILADELPHIA, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. CONSOLIDATED RAIL CORPORATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 16, 1996. Decided May 24, 1996. Appeal from Public Utility Commission (PUC) order, No. I-00930028, directing city Page 1299 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

578 A.2d 1009 HOME BUILDERS ASSOCIATION OF THE ALLEGHENIES, Appellant v. RICHLAND TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued June 11, 1990. Decided July 26, 1990. Appeal from the Common Pleas Court, No. 1989-988, Cambria County, F. Joseph Leahey, J. Page 250 Dennis J. Stofko, Johnstown, for appellant. Patrick T. Kiniry, Sol., for appellee. Before CRAIG, […]

794 A.2d 428 Sandra L. Feigley, Petitioner v. Pennsylvania Public Utility Commission (ATT/Verizon), Respondent C.U.R.E. of Pennsylvania, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 1178 C.D. 2001, 1183 C.D. 2001Commonwealth Court of Pennsylvania.Argued: November 7, 2001. Filed: March 12, 2002. Page 429 Angus R. Love, Philadelphia, for petitioner Susan D. Colwell, Harrisburg, for respondent. […]

556 A.2d 536 Wayne Rehm, Owner, Commonwealth Pest Control, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Department of Agriculture, Respondent. Commonwealth Court of Pennsylvania.Argued: February 10, 1989. March 31, 1989. Department of Agriculture — Pesticides — Pennsylvania Pesticide Control Act of 1973, Act of March 1, 1974, P.L. 90 — Fine. 1. When there is substantial […]

979 A.2d 449 Miller v. Comm. of PA. Nos. 1603CD08, 1604CD08, 1605CD08, 1606CD08, 1607CD08, 1608CD08, 1609CD08, 1610CD08, 1611CD08, 1612CD08, 1613CD08, 1614CD08, 1615CD08, 1616CD08, 1617CD08, 1618CD08, 1619CD08, 1620CD08, 1621CD08, 1622CD08, Page 450 1623CD08, 1624CD08, 1625CD08, 1626CD08, 1627CD08, 1628CD08, 1629CD08, 1630CD08, 1631CD08, 1632CD08, 1633CD08, 1634CD08.Commonwealth Court of Pennsylvania. August 11, 2009. Appeal from the Northumberland County CP-49-SA-0000003-2008 […]

424 A.2d 611 Jon A. Yost, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1980 January 22, 1981. State Ethics Commission — Act of October 4, 1978, P.L. 883 — Township solicitor — Public employe — Exclusive power of Supreme Court of Pennsylvania to regulate attorneys. 1. […]

616 A.2d 204 NOTTINGHAM VILLAGE, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1992. Decided October 19, 1992. Petition for Allowance of Appeal Denied March 23, 1993. Appeal from the Secretary of the Department of Public Welfare (DPW), Nos. 23-88-149/150; 23-89-042; 40-88-045/046; and 40-89-034. Page 179 Charles […]

393 A.2d 1306 A. R. Scalise Company, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania, Prevailing Wage Appeals Board, Department of Labor and Industry, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1978 November 21, 1978. Employment — Pennsylvania Prevailing Wage Act, Act 1961, August 15, P.L. 987 — Scope of appellate review — Administrative Agency Law, Act […]

784 A.2d 236 Jeffrey Ronald Fetty, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 632 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 10, 2001. Filed: September 27, 2001. Page 237 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]