Category: Pennsylvania Superior Court Opinions

936 A.2d 1252 Adamson v. City of Phila. No. 1103CD07.Commonwealth Court of Pennsylvania. December 6, 2007. Appeal from the Philadelphia County T0025 Oct. Term 2005. Decisions Without Published Opinions Vacated and Remanded.

413 A.2d 437 William E. Stewart, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Respondent. Commonwealth Court of Pennsylvania.Argued March 13, 1980 April 14, 1980. Workmen’s compensation — Petition to set aside final receipt — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Timeliness of petition — Scope of appellate […]

618 A.2d 1080 CUMRU TOWNSHIP AUTHORITY, now Municipal Authority of Cumru, and Township of Cumru, Appellants, v. SNEKUL, INC., Appellee. Commonwealth Court of Pennsylvania.Argued September 18, 1992. Decided December 2, 1992. Reargument Denied February 5, 1993. Appeal from the Common Pleas Court of Berks County, No. 6067 Equity 1990, Thomas J. Eshelman, J. Page 37 […]

Scudese Family Limited Partnership, In re. No. 1609CD10.Commonwealth Court of Pennsylvania. February 4, 2011. Appeal from the Northampton County C-48-CV-2007-11138. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

562 A.2d 922 Christine E. STOUFFER and Fred L. Stouffer, Jr., individually and as legal guardians of Jason Stouffer, a minor v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION and Beverly L. Neuder and Christine E. Stouffer. Appeal of Beverly L. NEUDER, Appellant. Commonwealth Court of Pennsylvania.Argued April 6, 1989. Decided July 26, 1989. Appeal from […]

627 A.2d 1232 Juan BAERTL, M.D., Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 2, 1993. Decided June 25, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-304058. Page 429 Lawrence S. Markowitz, for petitioner. James K. Bradley, Associate Counsel, and Clifford F. Blaze, Deputy Chief […]

612 A.2d 542 Sharon BURGESS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PLAZA FOODS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 11, 1991. Decided March 25, 1992. (Previously filed as non-report). Publication Ordered June 26, 1992. Petition For Allowance of Approval Denied November 9, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1972. Page […]

573 A.2d 656 Grant MUSSELMAN, District Justice, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 13, 1989. Decided April 19, 1990. Appeal fom the Board of Finance and Revenue, No. RDJ-11,443. Page 533 Harold D. Borek, for petitioner. Ernest D. Preate, Jr., Atty. Gen., and Ronald H. Skubecz, Deputy Atty. […]

Warren EVANS, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 2, 2006. Decided August 16, 2006. Page 596 Appeal from the Commonwealth Court, No. 34 M.D. 2006, Cohn Jubelirer, J. Page 597 Warren Evans, petitioner, pro se. John C. Manning, Asst. Counsel and Victoria S. Freimuth, Chief […]

510 A.2d 890 Nancy Boyle, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 10, 1986 June 10, 1986. Unemployment compensation — Willful misconduct — Burden of proof — Scope of appellate review — Photocopying — Confidential memorandum — Unfair labor practice. 1. In an unemployment compensation case, […]

473 A.2d 204 City of Philadelphia Tax Review Board, Appellant v. Penn Center House, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1983 March 9, 1984. Taxation — Philadelphia mercantile license tax — Apartment cooperative — Tenant charges — Profit motive. 1. A cooperative housing corporation in receiving carrying charges from member tenants is not […]

979 A.2d 442 COMMONWEALTH of Pennsylvania, Petitioner v. PENNSYLVANIA STATE TROOPERS ASSOCIATION, Respondent. No. 105 C.D. 2009.Commonwealth Court of Pennsylvania.Argued: June 11, 2009. Decided: July 28, 2009. As Amended on Reconsideration: September 18, 2009. Page 443 Frank A. Fisher, Chief Counsel, Harrisburg, for petitioner. Sean T. Welby, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge, BUTLER, Judge, […]

438 A.2d 1025 The Western Pennsylvania School for the Deaf v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board. Western Pennsylvania School for the Deaf Federation of Teachers Organizing Committee (PaFT, AFL-CIO), Appellant. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellant v. The Western Pennsylvania School for the Deaf, Appellee. The Western Pennsylvania School for the […]

658 A.2d 840 BOROUGH OF CENTRALIA, In the Commonwealth of Pennsylvania, Appellant, v. The COMMONWEALTH of Pennsylvania, The Department of Community Affairs of the Commonwealth of Pennsylvania and the Columbia County Redevelopment Authority. Commonwealth Court of Pennsylvania.Argued April 6, 1995. Decided May 1, 1995. Reargument Denied June 19, 1995. Appeal from the Court of Common […]

505 A.2d 410 Franklin J. Tranguch and Terry L. Yoder, t/a Tranguch Yoder, Appellants v. Zoning Hearing Board of the Borough of Emmaus, Lehigh County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued February 3, 1986 March 4, 1986. Zoning — Variance — Scope of appellate review — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, […]

455 A.2d 790 Delaware County Prison, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1982 February 11, 1983. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of proof — Scope of appellate review — Error of law — Findings […]

426 A.2d 1272 Connie Perrelli, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1981 March 18, 1981. Unemployment compensation — Voluntary termination — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Unemployment Compensation Law, Act of December 5, […]

373 A.2d 783 General Bowling Corporation, Appellant v. Township of Mount Lebanon and Edward Zak, Chief Inspector, Appellees. Commonwealth Court of Pennsylvania.Argued May 5, 1977 May 24, 1977. Municipalities — Building permit — Ordinance requirements — Tenant — Owner — Terms of lease — Police power — Installation of air conditioning system — Home Rule […]

CITY OF PHILADELPHIA v. James CARPINO, Appellant. No. 85 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 14, 2006. Decided December 27, 2006. Appeal from the Court of Common Pleas, Philadelphia County, No. 22004-TX-001804, Glazer, J. Page 170 Thomas F. Grady, Philadelphia, for appellant. Marissa O’Connell, Deputy City Solicitor, Philadelphia, for appellee. BEFORE: SIMPSON, Judge, and LEAVITT, […]

495 A.2d 221 In Re: Upset Sale of September 8, 1980 of the Montgomery County Tax Claim Bureau. Hamlet Enterprises, Inc., Appellant Commonwealth Court of Pennsylvania.Argued April 11, 1985 July 12, 1985. Tax sale — Time of redemption — Real Estate Tax Sale Law, Act of July 7, 1947, P.L. 1368 — Words and phrases […]

371 A.2d 568 In the Matter of: Lewisburg Area Education Association and Lewisburg Area Board of School Directors. Lewisburg Area Board of School Directors, Appellant. Commonwealth Court of Pennsylvania.Argued December 9, 1976 April 4, 1977. Schools — Arbitration — Scope of appellate review — Manifest disregard of agreement — Interpretation of contract — Meaning of […]

403 A.2d 1341 Vincent Biles, Dorothy Birch, Harold Jackson, Gloria Morales, Valerie White, Individually and All Other Persons Similarly Situated, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued March 7, 1979 July 17, 1979. Public assistance — College students — Supplemental General Appropriations Act of 1977 — Constitution of […]

584 A.2d 390 Thomas SERTIK, Petitioner, v. The SCHOOL DISTRICT OF PITTSBURGH, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1990. Decided December 12, 1990. Appeal from the Secretary of Education, No. 12-89. Page 595 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

409 A.2d 463 In Re: Appeal of Georgianna E. Stefonick, Equitable Owner etc. v. Zoning Hearing Board of Lansdale Borough. Lansdale Borough, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1979 December 10, 1979. Zoning — scope of appellate review — Abuse of discretion — Error of law — Variance — Dimensional requirements — Pennsylvania Municipalities […]

315 A.2d 324 Herbert Shapiro, Appellant, v. Commonwealth of Pennsylvania, State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued January 11, 1974 February 11, 1974. Civil service — Probationary employe — Civil Service Act, Act 1941, August 5, P. L. 752 — Unsatisfactory work — Burden of proof — Discrimination — Provisional status — Regular […]

694 A.2d 358 P.R. HOFFMAN MATERIALS, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (ZEIGLER), Respondent Commonwealth Court of Pennsylvania.Argued April 10, 1997. Decided May 15, 1997. Filed May 15, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A94-3727. Page 359 Perry D. Merlo, Harrisburg, for petitioner. Fred H. Hait, Carlisle, for respondent. Before COLINS, President […]

872 A.2d 280 CLARK v. COMM. OF PA. No. 1629CD04.Commonwealth Court of Pennsylvania. March 08, 2005. Appeal from the Susquehanna County 2003-259 CR. Decisions without published opinions Affirmed and Remanded.

375 A.2d 902 Richard A. Mitchell, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. July 22, 1977. Pennsylvania Board of Probation and Parole — Convicted parole violator — Preliminary hearing — Credit for incarceration under detainer of Board — Act of 1941, August 6, P.L. 861 — […]

322 A.2d 746 Paul E. Crumbling, Sr., Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 6, 1974 August 1, 1974. Unemployment compensation — Scope of appellate review — Consistent findings — Capricious disregard of competent evidence — Voluntary termination — Domestic obligations — Necessitous and compelling cause […]

617 A.2d 70 Robert BOYLE, Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 17, 1992. Decided November 12, 1992. Page 431 Robert J. Boyle, for petitioner. Edward A. Monsky, for respondent. Page 432 Before McGINLEY and FRIEDMAN, JJ., and SILVESTRI, Senior Judge. SILVESTRI, Senior Judge. Before us […]

398 A.2d 1101 Wheeling-Pittsburgh Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and John Andrachek, Jr., Respondents. Commonwealth Court of Pennsylvania.Argued November 2, 1978 March 15, 1979. Workmen’s compensation — Disfigurement — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Incident to employment — Prior burns. 1. In […]

587 A.2d 833 COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant, v. ANTLER CAFE, INC., Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1990. Decided February 19, 1991. Reargument Denied April 8, 1991. Appeal from the Court of Common Pleas, No. 191 M.D. 1989, Dauphin County, John C. Dowling, J. Page 76 Leonard R. Omolecki, Jr., […]

545 A.2d 445 Southeastern Chester County Refuse Authority, Appellant v. The Board of Supervisors of London Grove Township, Appellee. Southeastern Chester County Refuse Authority v. Board of Supervisors of London Grove Township and Daniel E. Blevins and Nancy Lee Ellis. Daniel E. Blevins and Nancy Lee Ellis, Appellants. Commonwealth Court of Pennsylvania.Argued June 16, 1988. […]

606 A.2d 668 Dennis C. RAULSTON, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (TRI-STATE MOTOR TRANSIT et al.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs July 12, 1991. Decided March 30, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. 2528/S.S. No. 500-48-9533. Page 636 James D. Flower, Jr., for petitioner. No appearance for respondents. Before […]

415 A.2d 1022 John Charles Webb, Jr., Petitioner v. Richard L. Thornburgh, Governor, Commonwealth of Pennsylvania et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 2, 1980 July 3, 1980. Assistant Attorney General — Tenure — Dismissal without cause — Jurisdiction. 1. An appointed Assistant Attorney General is an employee-at-will without tenure and without protection against […]

485 A.2d 526 Mary N. Jones, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1984 December 13, 1984. Unemployment compensation — Fault — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Failure to […]

666 A.2d 767 PAPPANS FAMILY RESTAURANT, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GRUEN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 28, 1995. Decided October 20, 1995. Appeal from the Workmen’s Compensation Appeal Board No. A93-2666. Page 768 Michael E. Fiffik, for petitioner. Amiel B. Caramanna, Jr., for respondent. Before PELLEGRINI and NEWMAN, JJ., and […]

409 A.2d 962 William J. McCormick, t/d/b/a McCormick Water Company, Petitioner v. Pennsylvania Public Utility Commission and Harry Gettings, Mary Francis and Maria Motycki, Respondents. Commonwealth Court of Pennsylvania.Argued December 4, 1979 January 9, 1980. Pennsylvania Public Utility Commission — Scope of appellate review — Eminent domain — Taking — Utilities — Cost of repairs […]

457 A.2d 224 Jack Milne, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 22, 1983. Unemployment compensation — Burden of proof — Willful misconduct — Scope of appellate review — Vacation. 1. In an unemployment compensation case, when the employer prevails before the Unemployment Compensation Board […]

510 A.2d 154 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Emmanuel L. DeMutis, Sr., Appellee. Commonwealth Court of Pennsylvania. May 29, 1986. Pennsylvania Liquor Control Board — Transfer of liquor license — Scope of appellate review — Abuse of discretion — Error of law — Liquor Code, Act of April 12, 1951, P.L. […]

534 A.2d 566, 539 A.2d 1389 Gerard J. Fierst, Jr., Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. December 8, 1987. Motor vehicles — Driving under the influence of alcohol — Breathalyzer — Nol pros — Reasonable grounds for arrest. 1. It is not a defense for a motor vehicle licensee to refuse […]

19 A.3d 1181 Robert and Joyce Soska, Appellants v. Robert W. and Kelly Bishop. No. 449 C.D. 2010.Commonwealth Court of Pennsylvania. May 18, 2011. Page 1 ORDER BONNIE BRIGANCE LEADBETTER, President Judge. NOW, May 18, 2011, having considered appellants’ application for reconsideration and appellees’ answer, the application is denied. Page 1191

465 A.2d 1092 Daniel L. Ryan, Francis J. Mulhern and others similarly situated, Appellants v. City of Philadelphia et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1983 September 28, 1983. Preliminary objections — Demurrer — Scope of review — Busing of children — Municipal function — City funding. 1. Where the trial court has […]

398 A.2d 244 Joseph J. Zajac, Sr., Appellant v. The Zoning Hearing Board of Mifflin Township, Columbia County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued December 4, 1978 March 1, 1979. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Exclusionary zoning — Special exception — Burden of proof — […]

THE ROAD TOAD, INC, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (McLEAN), Respondent. No. 2581 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs July 2, 2010. Decided August 12, 2010. Publication Ordered November 1, 2010. Appeal from the Workers’ Compensation Appeal Board, No. A08-0244, that reversed the order of the Workers’ Compensation Judge. Page 923 James M. […]

503 A.2d 112 Michael Hracho, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 16, 1986. Pennsylvania Board of Probation and Parole — Recommitment of parole violator — Hearsay — Letters rogatory. 1. An order of the Pennsylvania Board of Probation and Parole recommitting a parolee cannot […]

936 A.2d 158 PENN SQUARE GENERAL CORPORATION, the General Partner of Penn Square Partners, a Pennsylvania Limited Partnership, and the Redevelopment Authority of the City of Lancaster v. COUNTY OF LANCASTER, Board of County Commissioners of the County of Lancaster, Molly Henderson, Commissioner, and, Richard Shellenberger, Commissioner. Lancaster County Convention Center Authority v. County of […]

512 A.2d 83 City of Pittsburgh, Appellant v. Equitable Gas Company, Appellee. Commonwealth Court of Pennsylvania.Argued June 10, 1986 July 8, 1986. Municipalities — Recovery of costs of emergency services. 1. The cost of public services for protection from a safety hazard is to be borne by the public as a whole, not assessed against […]

548 A.2d 687 East Torresdale Civic Association, Appellant v. Philadelphia Zoning Board of Adjustment, Appellee. Commonwealth Court of Pennsylvania.Argued June 16, 1988. October 13, 1988. Zoning — Variance — Scope of appellate review. 1. When no additional evidence is presented to the trial court in a zoning variance case, the scope of review of the […]

510 A.2d 373 Commonwealth of Pennsylvania, Department of Labor and Industry, Petitioner v. Workmen’s Compensation Appeal Board (Commercial Union Insurance Company and Gary Palmer and Fox Warehousing), Respondents. Commonwealth Court of Pennsylvania.Argued November 14, 1985 May 30, 1986. Workmen’s compensation — Termination — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 […]

593 A.2d 921 GENERAL ELECTRIC COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (VALSAMAKI), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 25, 1991. Decided June 13, 1991. Petition for Allowance of Appeal Denied November 13, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-96632. Page 462 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

603 A.2d 264 David H. KRAUSHAAR, Rebecca Kraushaar, Norman Heyman and Edith Heyman, Appellants, v. WAYNE COUNTY BOARD OF the ASSESSMENT AND REVISION OF TAXES, Appellee. Commonwealth Court of Pennsylvania.Argued June 13, 1991. Decided January 30, 1992. Appeal from the Common Pleas Court, Wayne County, No. 111-1991-Civil, Robert C. Conway, President Judge. Page 315 Scott […]

Robert GILLESPIE v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs July 15, 2005. Decided November 2, 2005. Appeal from the Court of Common Pleas, Philadelphia County, June Term, 2004 No. 0205, Silberstein, J. Page 318 Terrance M. Edwards, Asst. Counsel and Timothy P. Wile, Asst. […]

382 A.2d 153 Port Authority of Allegheny County, Petitioner v. Paul J. Smith, Secretary of Labor and Industry, Commonwealth of Pennsylvania, and Department of Labor and Industry, Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued November 2, 1977 February 1, 1978. Workmen’s compensation — Workmen’s Compensation Administration Fund — The Pennsylvania Workmen’s Compensation Act, Act […]

692 A.2d 300 COUNTY AMUSEMENT COMPANY, Appellant v. COUNTY OF CAMBRIA BOARD OF ASSESSMENT APPEALS, The County of Cambria, The Township of Richland, and The Richland School District. Commonwealth Court of Pennsylvania.Argued March 11, 1997. Decided April 7, 1997. Appealed From The Common Pleas Court, County of Cambria, No. 1993-513, Krumenacker, III, J. William P. […]

481 A.2d 365 Christine Ehehalt et al. v. Nyari O’Dette, Inc. Commonwealth of Pennsylvania, Department of Environmental Resources, Bureau of State Parks, Appellant. Commonwealth Court of Pennsylvania.Argued April 2, 1984 September 7, 1984. Tort — Recreational Use of Land and Water Act, Act of February 2, 1966, P.L. (1965) 1860 — Immunity — Indemnity — […]

821 A.2d 182 James C. Wert, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 1590 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: February 7, 2003. Filed: April 14, 2003. Appeal from the Court of Common Pleas, Bucks County, No. 2001-7540-27-6, Clark, Senior Judge. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Neimeister. 921CD06.Commonwealth Court of Pennsylvania. December 6, 2006. Appeal from Northampton County C0048CV2006000561. Decisions Without Published Opinions Reversed.

828 A.2d 1 Randy King, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 726 C.D. 2002, 726 C.D. 2002.Commonwealth Court of Pennsylvania. Filed: August 2, 2002. Order Filed: July 7, 2003. ORDER AND NOW, this 7th day of July, 2003, it is ordered that the above-captioned opinion filed August 2, […]

493 A.2d 124 Harry Keller, Jr., Petitioner v. Workmen’s Compensation Appeal Board (Blair Strip Steel Corp.), Respondents. Commonwealth Court of Pennsylvania.Argued March 14, 1985 May 24, 1985. Workmen’s compensation — Loss of use — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

548 A.2d 393 Eric H. Medrow, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. October 12, 1988. Motor vehicles — Licensing — Scope of appellate review — Suspension — Administrative agency — Vehicle Code, 75 Pa. C. S. § 1785. 1. On appeal from the suspension of motor vehicle operating […]

582 A.2d 727 SUBURBAN EAST TIRES, INCORPORATED, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued October 2, 1990. Decided November 16, 1990. Appeal from the Public Utility Commission, No. C-892431. Page 210 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

397 A.2d 458 McKeesport Area School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Doris J. Dzombak, Respondents. McKeesport Area School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Margaret A. Kuhl, Respondents. McKeesport Area School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review […]

519 A.2d 543 Kovalchick Salvage Co., Petitioner v. Workmen’s Compensation Appeal Board (St. Clair (Admx.) Williams, deceased), Respondents. Commonwealth Court of Pennsylvania. December 23, 1986 Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Burden of proof — Intoxication — Scope of appellate review — Minor deviation. 1. […]

764 A.2d 698 RYAN C. BARTOE, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF: TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 273 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 2, 2000. Filed: December 29, 2000. Page 699 Before: Honorable Joseph T. Doyle, President Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. JUDGE FRIEDMAN[1] […]

613 A.2d 116 HAMOT MEDICAL CENTER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted February 3, 1992. Decided July 21, 1992. Reargument Denied September 11, 1992. Appeal from the Unemployment Compensation Board of Review, No. B-291715. Page 331 Lynn C. Outwater and James A. Prozzi, for appellant. No appearance for respondent. […]

558 A.2d 178 Cricklewood Hill Realty Associates v. Zoning Board of Adjustment of The City of Pittsburgh and William G. Joseph and Cricklewood Hill Tenant Association. City of Pittsburgh, Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1989. May 9, 1989. Zoning — Variance — Family — Scope of appellate review — Error of law — […]

525 A.2d 483 Richard C. Skinner, Harry L. Rearick and David E. Ekelund v. NEA Cross Company and Board of Supervisors of Waterford Township and Zoning Hearing Board of Waterford Township. NEA Cross Company, Appellant. Commonwealth Court of Pennsylvania.Argued March 24, 1987. May 11, 1987. Appeal — Pennsylvania Rule of Appellate Procedure 1701(a) — Pennsylvania […]

836 A.2d 1053 Department of the Auditor General, Commonwealth of Pennsylvania; and Auditor General Robert P. Casey, Jr., Petitioners v. State Employees’ Retirement System; State Employees’ Retirement Board and its chair, Nicholas J. Maiale; Public School Employees’ Retirement System; and Public School Employees’ Retirement Board and its chair, State Treasurer Barbara Hafer, Respondents. No. 44 […]

736 A.2d 761 GREGORY F. KOTERBA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 885 C.D. 1998Commonwealth Court of Pennsylvania.Submitted: July 24, 1998 Filed: August 26, 1999 Appeal from the Court of Common Pleas, Chester County, No. 97-08832, Riley, Jr., J. Page 762 Timothy P. Wile, Asst. Counsel In-Charge, and […]

467 A.2d 1224 Daniel M. Groff Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania. November 29, 1983. Motor vehicles — Suspension of motor vehicle operator’s license — Inadequate record — Timeliness of appeal — Official record — Extrinsic notation. 1. The Commonwealth Court of Pennsylvania must […]

471 A.2d 119 Edwards Engineering Corporation, Appellant v. Wayne Davies et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 6, 1983 January 30, 1984. Subdivision — Mandamus — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Hearing. 1. Mandamus is an extraordinary writ which lies to compel the performance of a ministerial […]

959 A.2d 490 CHURCH STREET ASSOCIATES, Lock Haven Commons Associates, Lock Haven Court Corp., Woodward Meadows Associates and Rock Ledge Associates v. COUNTY OF CLINTON, Board of Assessment Appeals and Revision of Taxes Appeal of: Church Street Associates, Lock Haven Commons Associates, Woodward Meadows Associates, Lock Haven Court Corp. and Rock Ledge Associates. No. 1954 […]

682 A.2d 1353 John Paul FISHER v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted July 26, 1996. Decided September 24, 1996. Page 1354 Appeal from The Court of Common Pleas, Bucks County, No. 95-03929-18-6, McAndrews, J. Marc A. Werlinsky, Assistant Counsel, and Timothy P. Wile, Assistant Counsel […]

794 A.2d 981 Chartiers Valley School District, Appellant v. Board of Property Assessment, Appeals, Review and Registry of Allegheny County, The Jewish Community Center of Pittsburgh, Township of Scott, and Allegheny County. No. 1428 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: February 11, 2002. Filed: March 25, 2002. Page 982 George C. Melucci, Pittsburgh, for appellant. Clifford […]

701 A.2d 304 Philip J. DUFFY, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1997. Decided October 9, 1997. Page 305 Sean T. Welby, Harrisburg, for petitioner. Joanna N. Reynolds, Assistant Counsel, for respondent. Before McGINLEY and PELLEGRINI, JJ., and JIULIANTE, Senior Judge. PELLEGRINI, Judge. Philip J. Duffy (Duffy) appeals from […]

416 A.2d 1167 Louis John Maffei, III, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. July 22, 1980. Motor vehicles — Suspension of operator’s license — Scope of appellate review — Vehicle Code, 75 Pa. C.S. § 1547 — Blood test — Waiver. 1. The decision of the trial court […]

764 A.2d 663 GIANT EAGLE, INC./OK GROCERY COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WEIGAND), Respondent. GIANT EAGLE, INC./OK GROCERY COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LEVINE), Respondent. GIANT EAGLE, INC./OK GROCERY COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SINGER), Respondent. GIANT EAGLE, INC./OK GROCERY COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (JILES), Respondent. […]

276 A.2d 583 Commonwealth, Department of Transportation, Bureau of Traffic Safety v. Richard Andrew Stuart. Commonwealth Court of Pennsylvania.Argued March 11, 1971 April 22, 1971. Motor vehicles — Junior operator’s license — Consent of parent or person in loco parental to one under eighteen — Vehicle Code, Act 1959, April 29, P. L. 58 — […]

410 A.2d 389 Allegheny Intermediate Unit, Petitioner v. Malcolm Jarvis, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1979 January 22, 1980. Schools — Transfer of teacher — Certification — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Intermediate units — Detention homes — Teacher of mentally retarded — Institutionalized children’s program. […]

410 A.2d 1305 Irvin C. Schorsch, Jr. and John B. Schorsch, Appellants v. Tax Review Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1979 February 7, 1980. Taxation — Philadelphia Net Profits and Mercantile taxes — Rentals — Primary business — Minimal services — Partnership tax returns — Repairs — Maintenance expenses — Utilities — […]

333 A.2d 836 United States Steel Corporation, Appellant, v. Workmen’s Compensation Appeal Board and Thomas Elkins, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1974 March 18, 1975. Workmen’s compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

Eugene WATSON, Appellant v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Shannon Voll Poliziani and Jawad A. Salameh, M.D. No. 1475 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs January 15, 2010. Decided March 5, 2010. Appeal from the Court of Common Pleas, Somerset County, No. 484 Civil 2009, Klementik, J. Page 165 Eugene Watson, Appellant, pro se. Jeffrey […]

656 A.2d 547 PEERLESS PUBLICATIONS, INC., Appellant, v. COUNTY OF MONTGOMERY, Mario Mele, Chairman, Jon D. Fox, Commissioner and Joseph M. Hoeffel, III, Commissioner. Commonwealth Court of Pennsylvania.Argued February 6, 1995. Decided March 10, 1995. Reargument Denied May 8, 1995. Page 548 Appeal from the Common Pleas Court, Montgomery County, No. 93-08746, Subers, J., sustained […]

431 A.2d 1171 Louis E. Rudolph and Kapalko Pontiac Company, a Partnership, Appellants v. Albert Gallatin School District, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1981 July 10, 1981. Preliminary objections — Public School Code, Act of March 10, 1949, P.L. 30 — Oral contract — Ratification. 1. A preliminary objection admits every well-pleaded fact […]

Commonwealth Court of Pennsylvania. DOCKET TRIAL COURT/ CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Comm., Dept. of Trans., Bureau of Driver Lic. v. Carroll …….. 61CD94 12/1/94 Bucks County Vacated 93-4911-18-1 Nor Penn Inc. v. Shaner ………… 652CD94 12/1/94 Lycoming County Affirmed 93-01702 Brooks v. Port Authority Transit System of […]

566 A.2d 378 Mathias F. COYNE, Appellant, v. COUNTY OF ALLEGHENY, Appellee. Floyd WEHRER, Appellant, v. COUNTY OF ALLEGHENY, Appellee. Timothy CASEY, Appellant, v. COUNTY OF ALLEGHENY, Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1989. Decided November 22, 1989. Appeal from the Commonwealth Court, Nos. 213-215 C.D. 1989, Barry, J. Page 555 Michael J. Colarusso, […]

728 A.2d 442 EMIL E. MAXION, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Commonwealth Court of Pennsylvania.Submitted: March 12, 1999. Filed: April 23, 1999. Appeal from the Court of Common Pleas, Montgomery County, No. 97-23924, Rossanese, J. Barry Miller, Norristown, for appellant. Timothy P. Wile, Asst, Counsel In-Charge and Harold […]

513 A.2d 1095 Deer Creek Drainage Basin Authority, a Municipal Authority, Appellant v. Pacoma, Inc., (Constantini) or reputed Owners or whoever may be Owners, Appellees. Commonwealth Court of Pennsylvania.Argued June 13, 1986 August 7, 1986. Municipal lien — Sewer assessment — Eminent Domain Code, Act of June 22, 1964, P.L. 84 — Condemnation proceeding. 1. […]

710 A.2d 148 David CLACK, individually, and t/d/b/a D C Trucking Company, and Bernard Elam, an individual, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Golden Triangle Construction, Inc., Protection Services, Inc., Burlington Motor Carriers, Inc., a corporation Carl Richard ANDERSON and Rena Kay Anderson, his wife v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bernard […]

518 A.2d 1320 William Nicastro, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. William M. Nicastro, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 24, 1986. Parole — Recommitment — Alcohol — Motor vehicle — Backtime. 1. Because the consumption of alcohol […]

819 A.2d 188 Eleanor Filoon, Petitioner v. Department of Public Welfare, Respondent. No. 548 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: January 31, 2003. Filed: March 19, 2003. Eleanor T. Filoon, petitioner, pro se. Diana C. Clark, Harrisburg, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. […]

454 A.2d 1182 Bill Bailey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 26, 1983. Unemployment compensation — Willful misconduct — Burden of proof — Work rule — Good cause. 1. In an unemployment compensation case involving a charge of willful misconduct, the employer bears the burden […]

580 A.2d 1196 In re Appeal of Gene Phillip CRAVENER from Order of Director of Bureau of Traffic Safety Suspending his Motor Vehicle Privileges. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs August 24, 1990. Decided October 15, 1990. Appeal from the Common Pleas Court, […]

852 A.2d 1279 Ramata Diwara, Keita Komba, Ibrahima Diasse and Cheikh Kebe, Petitioners v. State Board of Cosmetology, Respondent. No. 2246 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 7, 2004. Filed: July 1, 2004. Page 1280 Frank Finch, III, Philadelphia, for petitioners. Deborah B. Eskin, Harrisburg, for respondent. BEFORE: McGINLEY, Judge; LEADBETTER, Judge; McCLOSKEY, Senior Judge. […]