Category: Pennsylvania Superior Court Opinions

612 A.2d 625 Betty J. MILLER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SNYDER MEMORIAL HEALTH CARE CENTER), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 10, 1992. Decided July 1, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-2211. Page 153 John G. Achille, for petitioner. No appearance for respondent. Before SMITH and KELLEY, […]

475 A.2d 1359 Republic Steel Corporation, Petitioner v. Workmen’s Compensation Appeal Board (Simonetti), Respondents. Commonwealth Court of Pennsylvania.Argued March 16, 1984 June 1, 1984. Argued March 16, 1984, before Judges CRAIG, BARRY and PALLADINO, sitting as a panel of three. Appeal, No. 1357 C.D. 1983, from the Order of the Workmen’s Compensation Appeal Board in […]

551 A.2d 403 Frances Austin, Appellant v. The Borough of Ligonier, a municipal corporation, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1988. December 16, 1988. Replevin — Title to chattel — Burden of proof — Possession — Gift — Clear and convincing evidence. 1. In a replevin action possession of a chattel raises a presumption […]

443 A.2d 419 James Harper, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 4, 1982 March 29, 1982. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act of December 5, 1936 P.L. (1937) 2897 — Control — Independence of operation — Remand. 1. An applicant for benefits […]

504 A.2d 420 Pennsylvania Independent Petroleum Producers, a Non-Profit Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources and Nicholas De Benedictis, Secretary of Environmental Resources of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued October 9, 1985 February 7, 1986. Argued October 9, 1985, before President Judge CRUMLISH, JR., Judges ROGERS, CRAIG, […]

503 A.2d 1126 Phyllis M. Sweeting, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Darrell Cox, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued November 15, 1985 February 7, 1986. Police — Dismissal of probationary state trooper — Hearing — Due process — Administrative Code of 1929, Act of […]

343 A.2d 67 Condemnation of 2719, 2721 and 2711 E. Berkshire Street By The Pennsylvania Department of Transportation Legislative Route 1000, Section H-1 Approaches to Betsy Ross Bridge. Raymond and Florence Collins, Edward and Ida Hall and Wallace and Jean Gorski, Appellants. Commonwealth Court of Pennsylvania.Argued April 1, 1975 August 1, 1975. Eminent domain — […]

474 A.2d 403 City of Pittsburgh, Appellant v. James F. Kownacki et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 13, 1984 April 23, 1984. Argued March 13, 1984, before President Judge CRUMLISH, JR., and Judges ROGERS, WILLIAMS, JR., MacPHAIL, BARRY and COLINS. Appeal No. 172 C.D. 1983, from the Order of the Court of Common […]

639 A.2d 1322 Charles MUSNUFF, Appellant, v. CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued February 4, 1994. Decided March 31, 1994. Reargument Denied May 12, 1994. Appeal from the Court of Common Pleas, Philadelphia County, No. 1010 January Term, 1985, Ribner, J. Page 121 Francis X. Kelly, for appellant. Marie C. Lasota, Asst. City Sol., […]

382 A.2d 1305 Arthur S. Kuhn et al. v. Hanover General Hospital and Hanover Borough Zoning Hearing Board. Hanover General Hospital, Appellant. Commonwealth Court of Pennsylvania.Argued December 8, 1977 March 9, 1978. Zoning — Special exception — Scope of appellate review — Abuse of discretion — Error of law — Ordinance — Meaning of words […]

623 A.2d 6 EDAN TRANSPORTATION CORP., Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1992. Decided January 25, 1993. Publication Ordered March 23, 1993. Appeal from the Public Utility Commission, No. A-00107148. Page 22 Michael S. Henry, for petitioner. Page 23 John E. Herzog, Asst. Counsel, for respondent. Before PALLADINO […]

362 A.2d 459 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 115, Section 11A, in Center Township, Beaver County, Pennsylvania. Louis J. Elias and Catherine A. Elias, His Wife; George Elias, Jr. and Cynthia Elias, His Wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. […]

582 A.2d 85 Harold X. SMITH, Petitioner, v. David OWENS, Commissioner, Department of Corrections and George Petsock, Superintendent State Correctional Institution at Pittsburgh, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 7, 1990. Decided October 29, 1990. Page 632 Harold X. Smith, pro se. Frederick C. Smith, Jr., Asst. Counsel, Camp Hill, for respondent. Before […]

675 A.2d 381 Earl L. BLACK, as Administrator of the Estate of Dwaine Black, and Mickey Black, Individually, Appellant, v. SHREWSBURY BOROUGH, Shrewsbury Borough Police Department, James Boddington, New Freedom Borough Police Department, Clarence Morris and Southern Police Department. Commonwealth Court of Pennsylvania.Argued December 7, 1995. Decided April 24, 1996. Appeal from the Common Pleas […]

366 A.2d 963 Steven J. Slanina v. William J. Sheppard, Commissioner, Insurance Department of the Commonwealth of Pennsylvania. Steven J. Slanina, Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1976 December 6, 1976. Insurance — Application for insurance agent’s license — The Insurance Department Act of 1921, Act 1921, May 17, P.L. 789 — Discretion of […]

342 A.2d 831 Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Nancy D. Henninger, Appellant. Commonwealth Court of Pennsylvania.Argued June 6, 1975 August 6, 1975. Unemployment compensation — Availability for work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Limitation on working hours — Labor market. 1. An […]

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 […]

312 A.2d 86 Marion Woodward Payne, Sara Wolfe Bell, Lea M. Csala, Frances Phelps Waller, Rachael W. Gutman, Anthony J. Mussari, Barbara B. Albert, Magdalene Dysleski, Stella M. Moat, Elizabeth C. Miner, George Loveland, Esquire, Carolyn H. Reif, Judith L. Reishtein, Anthony J. Walaitis and Stella Walaitis, his wife, and The Wilkes College Students’ Committee […]

Carmelita CASE, Jamie Popso, Linda Schiavo, Geraldine Gordon, Lee Ann Perry, Sharon Turse, Lynn Cavello, Noreen Gunshore, Louise Lyate and Joan Chincola v. HAZLETON AREA SCHOOL DISTRICT and Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board. Appeal of: Pennsylvania Labor Relations Board. No. 990 C.D. 2006.Commonwealth Court of Pennsylvania.Argued December 11, 2006. Decided January 30, 2007. […]

403 A.2d 1070 Antoinette and Joseph Sloneem, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 8, 1979 July 25, 1979. Public assistance — Regulations of the Department of Public Welfare — Non-recurring income — Delay in adjustment of assistance payments — Recoupment. 1. A delay of one month […]

729 A.2d 170 STOYSTOWN BOROUGH WATER AUTHORITY, Petitioner v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION and SOLAR FUEL COMPANY, INC., Respondents. No. 2218 C.D. 1998.Commonwealth Court of Pennsylvania.Argued February 9, 1999. Filed April 26, 1999. Appeal from the Environmental Hearing Board, No. 97-174-R. Page 171 Robert P. Ging, Jr., Confluence, for petitoner. Barbara J. Grabowski, Pittsburgh, […]

728 A.2d 995 THOMAS SCOTT LOGAN, Appellant v. DEBRA K. LILLIE, sued individually; JOHN RUFE, Family law judge sued in his official and individual capacity for equitable relief; SUZANNE LOGAN, sued individually; all sued jointly and severally. Commonwealth Court of Pennsylvania.Argued: March 9, 1999. Filed April 13, 1999. Page 996 Appeal from the Court of […]

Whiteford v. Municipality of Penn Hills[1] . No. 1931CD06.Commonwealth Court of Pennsylvania. March 14, 2007. [1] Reconsideration En Banc Denied May 1, 2007. Appeal from the Allegheny County CL-2396-2005. Decisions Without Published Opinions Affirmed and Remanded.

401 A.2d 404 Frank Phillip Rice, d/b/a Phillips Drug, Inc., Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent. Charles Rice, Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent. Commonwealth Court of Pennsylvania.argued March 9, 1979 May 10, 1979. Pennsylvania State Board of Pharmacy — Suspension or revocation of pharmacy license — […]

439 A.2d 905 In Re: Appeal of ‘Elan of Philadelphia, Ltd. Etc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued November 18, 1981 January 22, 1982. Liquor — Suspension of liquor license — Liquor Code, Act of April 12, 1951, P.L. 90 — Inducement for sale of liquor — Restaurant liquor […]

740 A.2d 1225 COMMONWEALTH ASSOCIATION OF SCHOOL ADMINISTRATORS, by Trustee Ad Litem, MICHAEL C. AXELROD, Appellant v. BOARD OF EDUCATION, SCHOOL DISTRICT OF PHILADELPHIA. No. 3107 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: October 4, 1999. Filed: November 19, 1999. Appealed from the Court of Common Pleas, Philadelphia County, No. 1639 June Term 1998, Dembe, J. Page […]

Belmont v. Comm. of PA, Dept. of Trans., Bureau of Driver. No. 24 C.D. 11.Commonwealth Court of Pennsylvania. August 2, 2011. Appeal from the Montgomery County 2010-05097. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

First Nazareth Baptist Church v. City of Philadelphia. No. 1367CD08.Commonwealth Court of Pennsylvania. July 2, 2009. Reargument Denied: September 10, 2009. Appeal from the Philadelphia County 3833 Jan. Term 2008. Decisions Without Published Opinions Affirmed.

405 A.2d 1131 William Manuella and Barbara Manuella, his wife, Plaintiffs v. O. F. Sorgenfrei and T. Robert Kealey et al., Defendants. Commonwealth Court of Pennsylvania.Argued March 22, 1979 September 19, 1979. Sovereign immunity — Personal property — Real estate — Highways — 42 Pa. C.S. § 5110 — Waiver of immunity. 1. The defense […]

795 A.2d 489 Gerald Funk, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1677 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: February 22, 2002. Filed: April 3, 2002. Page 490 Harry J. Cancelmi, Jr., Waynesburg, for petitioner. Robert Campolongo, Harrisburg, for respondent. Before: Honorable Bonnie Brigance Leadbetter, Judge; Honorable Robert Simpson, Judge; Honorable Joseph F. […]

407 A.2d 916 Michael Woodford, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. John J. Sodul, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Marian Gondek, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Joseph Magurczek, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, […]

Harvest Niagara Village v. Erie County Board of Assessment Appeals. No. 1335CD09.Commonwealth Court of Pennsylvania. September 24, 2010. Appeal from the Erie County 12543 of 2009. Decisions without Published Opinions, Affirmed.

515 A.2d 99 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Eugene F. Stiver, Appellee. Commonwealth Court of Pennsylvania. September 18, 1986. Motor vehicles — Suspension of motor vehicle operator’s license — Burden of proof — Restoration of license — Mere argument. 1. In a motor vehicle license suspension case, the […]

559 A.2d 600 In re the UPSET SALE OF PROPERTIES AGAINST WHICH DELINQUENT 1981 TAXES WERE RETURNED TO The TAX CLAIM UNIT ON OR ABOUT THE FIRST MONDAY OF MAY, 1982. Appeal of Lawrence MARRA, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1989. Decided May 30, 1989. Appeal from the Court of Common Pleas of […]

863 A.2d 615 Paupack Township, Wayne County, Pennsylvania, by and through The Board of Supervisors v. Lake Moc-A-Tek, Inc., and Moc-A-Tek Stock Car Racing Association, Inc., and Moc-A-Tek Speedway, Inc. Appeal of: Moc-A-Tek Speedway, Inc. No. 1121 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: September 24, 2004. Filed: December 20, 2004. Appeal from the Court of Common […]

701 A.2d 637 George LUCEY, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (VY-CAL PLASTICS PMA GROUP), Respondents. VY-CAL PLASTICS CORPORATION, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LUCEY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 4, 1997. Decided October 17, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A94-0030. Page 638 Lawrence D. Levin, Jenkintown, […]

SOUTH END ENTERPRISES, INC. v. CITY OF YORK, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 2006. Decided December 19, 2006. Appeal from The Court of Common Pleas, York County, No. 2005-SU-001986-Y01, Blackwell, J. Page 355 Donald B. Hoyt, York, for appellant. Thompson J. McCullough, York, for appellee. BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, […]

491 A.2d 958 Burnadetta Bixler, Petitioner v. Lawrence L. and Julia Z. Hoverter, Respondents. Commonwealth Court of Pennsylvania.Argued January 29, 1985 May 1, 1985. Public lands — Improved land — Pennsylvania Public Lands Act, Act of July 9, 1959, P.L. 510 — Presumption — Inference — Burden of proof. 1. An application for a patent […]

858 A.2d 143 IN RE: CONTEST OF ELECTION OF NOVEMBER 4, 2003 ON THE PUBLIC QUESTION OF HOME RULE FOR LUZERNE COUNTY. Appeal of: Carl Goodwin. Commonwealth Court of Pennsylvania.Argued June 10, 2004. Decided August 9, 2004. Reconsideration Denied October 8, 2004. Appeal from the Court of Common Pleas, Luzerne County, No. 100-E of 1922, […]

395 A.2d 1047 Marguerita Musselman, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1978 January 5, 1979. Public assistance — Aid for Dependent Children — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Transfer […]

436 A.2d 1257 In The Matter of Revocation of Club Liquor License No. C-1744, issued to: Slavonic Literary Association. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1981 November 20, 1981. Liquor — Revocation of liquor license — Reversal of revocation order — Lack of prosecution. 1. A court […]

513 A.2d 1108 David Singer, a minor, by his parent and natural guardian, Mary Ann Singer and Mary Ann Singer, in her own right, Appellants v. School District of Philadelphia and Roger Raspen, Appellees. Commonwealth Court of Pennsylvania. August 11, 1986. Governmental immunity — Judgment on the pleadings — Gymnasium floor — Real property exception. […]

512 A.2d 1359 Morgan Drive Away, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1986 August 4, 1986. Pennsylvania Public Utility Commission — Certificate of public convenience — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Inadequacy of existing […]

First Korean Church of New York, Inc. v. Montgomery County Board of Assessment. No. 2194CD05.Commonwealth Court of Pennsylvania. November 15, 2006. Appeal from the Montgomery County 98-22396. Decisions Without Published Opinions Affirmed and Reversed.

874 A.2d 177 IN RE NOMINATION PAPERS OF DEIGH. IN RE ROBINSON. IN RE DEIGH. No. 596CD05 597CD05.Commonwealth Court of Pennsylvania. April 18, 2005. Appeal from the Philadelphia County 2005-80070 2005-80071. Decision without published opinion. Reversed.

364 A.2d 511 Department of Justice, Appellant v. Frank V. Brinser, III, Appellee. Commonwealth Court of Pennsylvania.Argued June 10, 1976 September 21, 1976. Civil service — Just cause for dismissal — Power of State Civil Service Commission — Modification of penalty — Civil Service Act, Act 1941, August 5, P.L. 752. 1. In reviewing action […]

363 A.2d 1332 In Re: Employees of Taylor Hospital. Taylor Hospital, Appellant; Local 1319 Laborers’ International Union of North America, AFL-CIO-CLC, Intervening Appellee. Commonwealth Court of Pennsylvania. September 21, 1976. Labor — Certification of collective bargaining unit — Hospital employes — Federal preemption — State — Appellate review — Labor-Management Relations Act, 29 U.S.C. § […]

400 A.2d 683 Atlas Chain Precision Products, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Stanley Grochal, Respondents. Commonwealth Court of Pennsylvania.Argued March 5, 1979 April 24, 1979. Workmen’s compensation — Petition to terminate agreement — Substantial evidence — Conflicting medical testimony — Remand — Denial of opportunity to present evidence. 1. A […]

654 A.2d 224 PITTSBURGH LEADERSHIP FOUNDATION, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued: November 2, 1994. Decided: January 27, 1995. Appeal from No. B-322487. Affirmed. Page 225 Jeffrey R. Owen, for petitioner. Lisa Jo Fanelli, Asst. Counsel, for respondent. Before COLINS, President Judge, and DOYLE, McGINLEY, SMITH, PELLEGRINI, FRIEDMAN and […]

648 A.2d 589 A. Edward ADEYWARD, I v. PENNSYLVANIA FINANCIAL RESPONSIBILITY ASSIGNED CLAIMS PLAN and the Travelers and Southeastern Pennsylvania Transportation Authority. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. Commonwealth Court of Pennsylvania.Argued May 10, 1994 Decided August 25, 1994. Publication Ordered September 16, 1994. Appeal from the Court of Common Pleas of Philadelphia County […]

329 A.2d 541 Commonwealth of Pennsylvania, Bureau of Occupational Injury and Disease Compensation, Appellant, v. Lee S. Brown and Strick Trailer Co., Appellees. Commonwealth Court of Pennsylvania.Argued October 10, 1974 December 12, 1974. Workmen’s compensation — Occupational disease — Scope of appellate review — Findings of fact — Substantial evidence — Credibility — Weight of […]

874 A.2d 176 BOARD OF COMMISSIONERS OF YORK TOWNSHIP v. FRITZ. No. 2571CD04.Commonwealth Court of Pennsylvania. April 12, 2005. Appeal from the York County 2004-SU-748-Y01. Decision without published opinion. Reversed.

359 A.2d 835 In the Matter of: Quaker City Development Co., Inc., Penrose Avenue and Penrose Ferry Road, Philadelphia, Pa. 19145. Quaker City Development Co., Inc., Appellant. Commonwealth Court of Pennsylvania.Argued April 9, 1976 June 16, 1976. Liquor — Suspension of liquor license — Liquor Code, Act 1951, April 12, P.L. 90 — Pennsylvania Crimes […]

Victor BROWN, Petitioner v. PA DEPARTMENT OF CORRECTIONS, Respondent. No. 3 M.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs June 8, 2007. Decided August 24, 2007. Appeal from the Inmate filed pro se petition for review in nature of complaint in mandamus against the Department of Corrections (Doc). Page 317 Victor Brown, petitioner, pro se. Debra […]

468 A.2d 544 Earle T. Bittner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 13, 1983. Unemployment compensation — Voluntary termination of employment — Cause of a necessitous and compelling reason — Health — Notice to employer. 1. A claimant for unemployment compensation benefits who terminates his […]

694 A.2d 14 CHARLES VEY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (COCO BROTHERS, INC.), Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1997. Decided May 20, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A94-1582. Amiel B. Caramanna, Jr., Pittsburgh, for petitioner. Thomas V. Gebler, Jr., Pittsburgh, for respondent. Before DOYLE and McGINLEY, JJ., and […]

593 A.2d 925 MORRISONS COVE HOME et al., Petitioners, v. DEPARTMENT OF HEALTH; Nittany Manor Associates Limited Partnership; and the Rehabilitation Hospital of Altoona, Respondents. REHABILITATION HOSPITAL OF ALTOONA, Petitioner, v. DEPARTMENT OF HEALTH and Nittany Manor Associates Limited Partnership, Respondents. MORRISONS COVE HOMES et al., Petitioners, v. DEPARTMENT OF HEALTH, Respondent. REHABILITATION HOSPITAL OF […]

375 A.2d 863 Pennsylvania Association of State Mental Hospital Physicians et al., Plaintiffs v. State Employees’ Retirement Board et al., Defendants. Commonwealth Court of Pennsylvania.Argued June 8, 1977 July 19, 1977. Retirement — Retirement credit — Judgment on the pleadings — Uniform Declaratory Judgment Act, Act 1923, June 18, P.L. 840 — Peremptory judgment — […]

815 A.2d 1174 Evangel Baptist Church, Appellant v. Mifflin County Board of Assessment Appeals. Evangel Baptist Church v. Mifflin County Board of Assessment Appeals Appeal of: Mifflin County School District. Evangel Baptist Church v. Mifflin County Board of Assessment Appeals Appeal of: Borough of Lewistown. Evangel Baptist Church v. Mifflin Co. Assessment Appeal and Mifflin […]

CRAFTEX MILLS, INC. OF PA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (MARKOWICZ), Respondent. Commonwealth Court of Pennsylvania.Argued April 3, 2006. Decided June 26, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A04-1842. Page 1078 Karen L. Domalakes, Frackville, for petitioner. Eileen A. Pomento, Pottsville, for respondent. BEFORE: COLINS, President Judge, and SMITH-RIBNER, Judge, and […]

279 A.2d 376 McKay v. North Huntingdon Township Board of Adjustment. Commonwealth Court of Pennsylvania.Argued April 12, 1971 July 22, 1971. Time of appeal — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___ No. 247 — County court rules — Repeal of county court rules. 1. An appeal to the Commonwealth Court […]

281 A.2d 468 Committee To Preserve Mill Creek, O’Ryan, Moore and Krafchek v. Secretary of Health and Shires Swim Club. Commonwealth Court of Pennsylvania. September 10, 1971. Pennsylvania Sewage Facilities Act, Act 1966, January 24, P. L. (1965) 1535 — Department of Health — Department of Environmental Resources — Administrative Agency Law, Act 1945, June […]

873 A.2d 52 In re The Nomination Petition of Joseph DiGIROLAMO for Mayor, Joseph Szafran for Council, Joseph Pilieri for Council and William Maddocks for Council of Bensalem Township. Objection of Joseph Ciprich. Appeal of Joseph Ciprich. No. 662 C.D. 2005.Commonwealth Court of Pennsylvania.Argued April 14, 2005. Decided: April 26, 2005. Appeal from the Court […]

604 A.2d 1185 SUBURBAN MANOR/HIGHLAND HALL CARE CENTER and Golfview Manor Nursing Home, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued April 2, 1990. Decided March 2, 1992. Appeal from the Pennsylvania Department of Public Welfare, Nos. 23-84-224, 225 / 23-85-101, 102 and 079 / 23-86-182 and 183 / […]

664 A.2d 688 ROSEBERRY LIFE INSURANCE COMPANY v. ZONING HEARING BOARD OF the CITY OF McKEESPORT City of McKeesport, Appellant. Commonwealth Court of Pennsylvania.Argued March 16, 1995. Decided September 5, 1995. Appeal from the Court of Common Pleas, Allegheny County, No. 2441 C.D. 1994, Doyle J. Page 689 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

COMMONWEALTH of Pennsylvania v. LIBERTY BAIL BONDS, Appellant. No. 748 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted October 12, 2010. Decided November 23, 2010. Appeal from the Court of Common Pleas, Montgomery County, No. MD 1012-09, O’Neill, J. David B. Cercone, Pittsburgh, for appellant. Gail Weilheimer, Pittsburgh, for appellee. BEFORE: McGINLEY, Judge, and FRIEDMAN, Senior Judge, and […]

368 A.2d 1355 Appeal From The Adjudication/Opinion of The Office of The Secretary of Education, Commonwealth of Pennsylvania; Jacqueline Barndt, a Professional Employee, Appellant. Board of School Directors of The Wissahickon School District, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued December 10, 1976 February 7, 1977. Schools — Dismissal of professional school employe — Public School […]

378 A.2d 1303 Copeechan Fish and Game Club, Appellant v. Zoning Hearing Board of North Whitehall Township, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1977 October 8, 1977. Zoning — Special exception — Burden of proof — Public welfare — Trap shooting range — Noise-Recreational use — Nuisance. 1. Once an applicant for a special […]

602 A.2d 496 BENSON LINCOLN MERCURY, INC., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. COCHRAN CADILLAC, INC., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Nos. 2153 C.D. 1989, 2154 C.D. 1989.Commonwealth Court of Pennsylvania.Submitted November 23, 1990 in No. 2153 C.D. 1989. Submitted July 27, 1990 in No. 2154 C.D. 1989. […]

964 A.2d 507 Brautigam v. Allegheny County. No. 480CD08.Commonwealth Court of Pennsylvania. January 28, 2009. Allegheny County GD 06-13115. Decisions Without Published Opinions Affirmed.

620 A.2d 558 MILLCREEK TOWNSHIP, Appellant, v. N.E.A. CROSS COMPANY and Vineyard Oil and Gas Company, Appellees. Commonwealth Court of Pennsylvania.Argued February 6, 1992. Decided January 12, 1993. Reargument Denied March 22, 1993. Appeal from the Common Pleas Court, Erie County, No. 4280 A 1989, John A. Bozza, J. Page 577 [EDITORS’ NOTE: THIS PAGE […]

McCreary v. Redevelopment Authority of the City of Erie. No. 1588CD06.Commonwealth Court of Pennsylvania. May 3, 2007. Appeal from the Erie County 13540-2004. Decisions without Published Opinions. Affirmed.

935 A.2d 81 Mincy v. Steinbauer. No. 962CD07.Commonwealth Court of Pennsylvania. October 29, 2007. Appeal from the Schuylkill County S-2434-2006. Decisions Without Published Opinions Affirmed. Page 575

401 A.2d 374 Colin S. Beegle et al., Appellants v. Greencastle-Antrim School District et al., Appellees. Commonwealth Court of Pennsylvania.Argued February 9, 1979 April 11, 1979. Schools — Closing schools — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Discretion of school board — Arbitrariness — Equity — Exceptions — Pa. […]

430 A.2d 694 In Re: Appeal of the Gillies Corporation From the Resolution and Order of the Milford Township Zoning Hearing Board. The Gillies Corporation, Appellant. Commonwealth Court of Pennsylvania.Argued March 5, 1981 June 8, 1981. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Pending ordinance — Special […]

803 A.2d 833 Ray W. Moyer and Clara L. Moyer, Appellants v. Berks County Board of Assessment Appeals Ray W. Moyer and Clara L. Moyer v. Berks County Board of Assessment Appeals, Appellant. No. 2280 C.D. 2001, 2376 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: April 9, 2002. Filed: June 28, 2002. Before: Honorable Dan Pellegrini, Judge; […]

303 A.2d 537 Wilder v. Jones Laughlin Steel Corporation. Commonwealth Court of Pennsylvania.Argued March 5, 1973 April 17, 1973. Workmen’s compensation — Appealable order — Remand — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Substitute referee — Procedural irregularity — Failure to object. 1. Where the court below has […]

Lagana Enterprises, Inc. v. Municipal Authority of Hazle Township. No. 211CD08.Commonwealth Court of Pennsylvania. January 2, 2009. Luzerne County 11783 of 2005. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed.

769 A.2d 549 TERRY M. BRUGGEMAN, Petitioner v. STATE CIVIL SERVICE COMMISSION (DEPARTMENT OF CORRECTIONS SCI-HUNTINGDON), Respondent; DONALD CORLEY, Petitioner v. STATE CIVIL SERVICE COMMISSION (DEPARTMENT OF CORRECTIONS SCI-HUNTINGDON), Respondent. No. 1454 C.D. 2000, 1455 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: December 7, 2000. Filed: February 14, 2001. Before: Honorable Joseph T. Doyle, President Judge; Honorable […]

721 A.2d 391 CHRISTOPHER NEYHART, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent Commonwealth Court of Pennsylvania.Submitted: October 23, 1998. Filed: December 3, 1998. Page 392 Christopher J. Neyhart, petitioner, pro se. Rovert M. Wolff, Camp Hill, for respondent. Before McGINLEY and PELLEGRINI, JJ, and LORD, Senior Judge. PELLEGRINI, J., Christopher J. Neyhart (Neyhart) appeals from an […]

426 A.2d 1263 Culp Industrial Insulation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Henry Linker, Sr., Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 18, 1981. Workmen’s compensation — Notice — Asbestosis — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Knowledge of condition — Credibility […]

600 A.2d 639 BRADFORD COUNTY HUMANE SOCIETY, Appellant, v. Musette DUGGAN, Appellee. Commonwealth Court of Pennsylvania.Argued June 10, 1991. Decided November 27, 1991. Reargument Denied January 27, 1992. Appeal from the Court of Common Pleas, Bradford County, No. 90IR000175, John C. Mott, J. Page 636 Mark W. Smith, for appellant. Michael J. Dowd, for appellee. […]

Connel Clayton HUGHES, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1075 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs May 6, 2009. Decided June 9, 2009. Appeal from the Board of Probation and Parole, Parole No. 55051. Page 20 Kent D. Watkins, Saint Clair, for petitioner. Arthur R. Thomas, Asst. Counsel and Victoria […]

688 A.2d 1239 IN RE: TAX SALE OF 28.8525 ACRES IN MIDDLECREEK TOWNSHIP TAX SALE NO. 12434 Appeal of Jacob R. MOGNET and Beverly J. Mognet, Appellants. Commonwealth Court of Pennsylvania.Submitted on Briefs December 11, 1996. Decided January 29, 1997. Appeal from the Court of Common Pleas, Somerset County, No. 89 Miscellaneous 1994, Cascio, J. […]

569 A.2d 413 William WELCH et al., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1989. Decided January 30, 1990. Appeal from the Commonwealth Court. Page 60 George M. Schroeck, Schroeck Segel, P.C., Erie, for petitioners. Page 61 Kathryn G. Sophy, Asst. Counsel, with her, Bohdan R. Pankiw, Deputy Chief […]

767 A.2d 10 CITY OF PHILADELPHIA, OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. NO. 2568 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: August 11, 2000. Filed: January 16, 2001. BEFORE: Honorable Joseph T. Doyle, President Judge. Honorable Bonnie Brigance Leadbetter, Judge. Honorable William J. Lederer, Senior Judge. OPINION JUDGE DOYLE […]

846 A.2d 187 Patrick Wagner, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1885 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: January 30, 2004. Filed: April 1, 2004. Page 188 Joseph J. Hylan, Norristown, for petitioner. Chad L. Allensworth, Harrisburg, for respondent. BEFORE: PELLEGRINI, Judge; and COHN, Judge; and FLAHERTY, Senior Judge. OPINION BY Judge […]

Lopez v. Comm. of PA, Dept. of Trans., Bureau of Driver Lie. No. 1256CD08.Commonwealth Court of Pennsylvania. May 11, 2009. Appeal from the Clarion County 21 CD 2008. Decisions Without Published Opinions Affirmed.

787 A.2d 460 Environmental Options Group, Petitioner v. Workers’ Compensation Appeal Board (Brown), Respondent. No. 1494 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: October 19, 2001. Filed: December 21, 2001. Page 461 Before: Honorable Joseph T. Doyle, President Judge; Honorable Bernard L. Mcginley, Judge; Honorable Joseph F. Mccloskey, Senior Judge. OPINION SENIOR JUDGE McCLOSKEY Environmental Options Group […]

813 A.2d 949 Melodie Bogdanski, Petitioner v. Workers’ Compensation Appeal Board (City of Pittsburgh), Respondent No. 1625 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: October 25, 2002. Filed: December 24, 2002. Page 950 Nariman P. Dastur, Pittsburgh, for petitioner. Brian D. Walters, Pittsburgh, for respondent. Before: Honorable Rochelle S. Friedman, Judge; Honorable Robert Simpson, Judge; Honorable Jess […]

668 A.2d 606 Paul GRAVES t/a Paul Graves Construction, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (NEWMAN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 7, 1994. Decided December 8, 1995. Appeal from Workmen’s Compensation Appeal Board, No. A91-0002. Page 607 Tracy Famous, for petitioner. Frederick C. Timm, for respondent Newman. Before COLINS, President Judge, and […]

667 A.2d 495 CITY OF YORK v. SCHAEFER TEMPORARY SERVICES, INC., Appellant. Commonwealth Court of Pennsylvania.Argued September 14, 1995. Decided November 20, 1995. Page 496 Appeal from The Court of Common Pleas, County of York, No. 93-SU-04401-01, Chronister, J. Rees Griffiths, for appellant. Donald B. Hoyt, Assistant City Solicitor, for appellee. Before McGINLEY and FRIEDMAN, […]

417 A.2d 864 County of Allegheny et al., Appellants v. Allegheny County Prison Employees’ Independent Union, an unincorporated association, by Donald Givens and Richard Harris, Trustees ad litem, Appellees. Commonwealth Court of Pennsylvania.Argued May 6, 1980 August 4, 1980. Appeals — Failure to file exceptions — Pa. R.C.P. No. 1038 — Case stated — Reserving […]

396 A.2d 927 Ronald John Intrieri, Petitioner v. Commonwealth of Pennsylvania, Department of State, Commissioner of Professional and Occupational Affairs and State Board of Pharmacy, Respondents. Commonwealth Court of Pennsylvania.Argued December 4, 1978 February 2, 1979. Pennsylvania State Board of Pharmacy — Revocation of pharmacy license — Pharmacy Act, Act 1961, September 27, P.L. 1700 […]

557 A.2d 1134 Joseph Spicer, Jr. et al. v. Western Montgomery County Vocational and Technical School, and Robert E. Little, Inc., Massey-Ferguson, Inc., and Dynamics Corporation of America. Western Montgomery County Vocational and Technical School, Appellant. Commonwealth Court of Pennsylvania.Argued December 16, 1988. April 17, 1989. Joinder — Additional defendant — Pennsylvania Rule of Civil […]