Category: Pennsylvania Superior Court Opinions

406 A.2d 610 Hopewell Township v. Richard L. Wilson and DeEtta Wilson, Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1979 October 12, 1979. Zoning — Misrepresentations by zoning officer — Vested rights — Mitigation — Mobile home — Set-back requirements — Delay in acting upon building permit application. 1. Alleged representations by a zoning officer […]

672 A.2d 400 The NEWS-CHRONICLE COMPANY, Petitioner v. PENNSYLVANIA HUMAN RELATIONS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1995. Decided March 1, 1996. Appeal from the Human Relations Commission, No. E-56753D. Mark D. Schwartz, for Petitioner. Ronald W. Chadwell, Assistant Chief Counsel, for Respondent. Before SMITH and PELLEGRINI, JJ., and NARICK, Senior Judge. NARICK, […]

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.

512 A.2d 1352 Kenneth Dech and Janice Dech v. The Zoning Hearing Board of Lynn Township and David L. Davis, II. David L. Davis, II, Appellant. Kenneth Dech and Janice Dech v. The Zoning Hearing Board of Lynn Township and David L. Davis, II. David L. Davis, II, Appellant. Commonwealth Court of Pennsylvania.Argued May 15, […]

641 A.2d 719 Robert M. CURLEY v. BOARD OF SCHOOL DIRECTORS OF the GREATER JOHNSTOWN SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued March 1, 1994. Decided May 4, 1994. Appeal from the Court of Common Pleas, Cambria County, No. 1992-1605, Creany, J. Page 649 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

399 A.2d 807 Theresa J. Ceja, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1978 April 3, 1979. Unemployment compensation — Hearsay — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Uniform Business Records as Evidence Act, Act 1939, May […]

834 A.2d 1210 Artie McCloud, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1293 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: October 3, 2003. Filed: October 28, 2003. Page 1211 Kent D. Watkins, Saint Clair, for petitioner. Arthur R. Thomas, Harrisburg, for repondent. BEFORE: PELLEGRINI, Judge; SIMPSON, Judge; MIRARCHI, Jr., Senior Judge. OPINION BY Judge […]

556 A.2d 919 Pilar Ramon, a minor, by her parents and natural guardians, Guido Ramon and Elsie Ramon, and Guido Ramon and Elsie Ramon, in their own right, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania.Argued: December 15, 1988. March 27, 1989. Notice — Judicial Code, 42 Pa. C. S. […]

450 A.2d 322 Richard E. Ramsey, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 24, 1982. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Wilful misconduct — Intoxication. 1. In an unemployment compensation case where the […]

595 A.2d 710 GENERAL DAVIS, INC., Appellant, v. PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellee. Commonwealth Court of Pennsylvania.Submitted June 10, 1991. Decided July 16, 1991. Appeal from the Court of Common Pleas, Bucks County, 16 M.M. 1990 (18), John J. Rufe, J. Page 279 Charles T. McIlhinney, Doylestown, for appellant. Sarah Slesinger […]

648 A.2d 83 WESTINGHOUSE ELECTRIC CORPORATION and Gates McDonald Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (KLOSHEN), Respondent. Commonwealth Court of Pennsylvania.Submitted June 17, 1994. Decided September 6, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2688. Page 304 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

410 A.2d 904 Henry Berk et al. v. Wilkinsburg Zoning Hearing Board and the Wilkinsburg-Penn Joint Water Authority. Henry Berk, Joseph P. Wallace, Sylvia Martin, George Hetzel, Wilma Piper, N.C. Davic, Jr., Paul T. Magan and Milton W. Lamproplos, Appellants. Commonwealth Court of Pennsylvania.Argued December 7, 1979 January 16, 1980. Zoning — Scope of appellate […]

512 A.2d 1322 Long Service Co., Inc., Petitioner v. Workmen’s Compensation Appeal Board (Schell), Respondents. Commonwealth Court of Pennsylvania. July 22, 1986. Workmen’s compensation — Medical testimony. 1. In a workmen’s compensation case, it is the province of the referee to rationalize conflicting medical testimony and to accept as credible those portions which justify an […]

414 A.2d 172 Dennis J. Reed, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1980 May 8, 1980. Unemployment compensation — Willful misconduct — Findings of fact — Advance warning — Misunderstanding. 1. In an unemployment compensation case, when an inaccuracy in one of the findings […]

347 A.2d 765 Lee W. Faust, Appellant, v. Police Civil Service Commission of Borough of State College, State College, Pennsylvania 16801, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1975 November 26, 1975. Policemen and firemen — Dismissal of police officer — The Borough Code, Act 1966, February 1, P.L. (1965) 1656 — Scope of appellate […]

532 A.2d 940 Mar-Kodis Diner, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania. October 28, 1987. Pennsylvania Liquor Control Board — Gambling on premises — Knowledge of licensee — Scope of appellate review — Sufficient evidence — Abuse of discretion — Error of law — Liquor Code, Act […]

580 A.2d 905 Lisabeth MIHOK, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued June 15, 1990. Decided September 25, 1990. Appeal from the Department of Public Welfare, Case No. 02H0002, Appeal No. 001. Page 266 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

TAKACS v. ZONING HEARING BOARD OF BUSHKILL TOWNSHIP, NORTHAMPTON COUNTY, PA. No. 2596CD04.Commonwealth Court of Pennsylvania. July 27, 2005. Appeal from Northampton County C0048CV2004 0001984. Decision without published opinion. Reversed.

618 A.2d 1140 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Terry L. CLAAR, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs September 4, 1992. Decided December 7, 1992. Appeal from the Common Pleas Court, Blair County, No. 1929 CP 1991, Hiram A. Carpenter, III, J. Page 154 David R. White, Asst. […]

Johnson v. Travis. 2302CD05.Commonwealth Court of Pennsylvania. October 24, 2006. Appeal from the Dauphin County 2820-S-2000. Decisions Without Published Opinions Affirmed.

534 A.2d 1144 Jayne A. King, Administratrix of the Estate of Phillip A. King, Deceased, Petitioner v. Workmen’s Compensation Appeal Board (Mackintosh Hemphill), Respondents. Commonwealth Court of Pennsylvania. December 17, 1987. Workers’ compensation — Rehearing — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial […]

WRC NORTH FORK HEIGHTS, INC., Appellant v. BOARD OF ASSESSMENT APPEALS, JEFFERSON COUNTY, Pennsylvania. No. 1939 C.D. 2005.Commonwealth Court of Pennsylvania.Argued October 18, 2006. Decided February 20, 2007. Appeal from the Court of Common Pleas, Jefferson County, No. 841-2004 CD, Foradora, President Judge, upheld denial. Page 894 David C. Marshall, Mechanicsburg, for appellant. John C. […]

582 A.2d 90 CANTON PLUMBING AND HEATING, and the Travelers Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (ROBBINS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 13, 1990. Decided October 30, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1173. Page 642 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

376 A.2d 1015 Elmer Jonnet, Appellant v. The Municipality of Monroeville, Thomas Schuerger et al., Appellees; Monroeville Hospital Authority, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued May 5, 1977 August 17, 1977. Authorities — Hospital Authority — Agency of the Commonwealth — Municipality Authorities Act of 1945, Act 1945, May 2, P.L. 382 — Standing to […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION Church of Lord Jesus Christ of Apostolic Faith, Inc. v. Shelton[4] . . . . . . 376CD00, 4/10/2001 Philadelphia Affirmed 559CD00 County 92-1887 94-0914 94-3654 Comm., Dept. of Trans., Bureau of Driver Lic. v. Rizzo . . . […]

580 A.2d 448 AMERICAN COUNCIL OF LIFE INSURANCE, Health Insurance Association of America and the Insurance Federation of Pennsylvania, Inc., Petitioners, v. The Honorable Constance FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania, Respondent (Two Cases). Commonwealth Court of Pennsylvania.Argued May 2, 1990. Decided September 10, 1990. Page 635 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

467 A.2d 106 H. P. Brandt Funeral Home, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs, State Board of Funeral Directors, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1983 November 4, 1983. Funeral homes — Funeral Director Law, Act of January 14, 1952, P.L. (1951) 1898 — Business […]

479 A.2d 100 John Haas and Catherine Haas, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation and Newtown Township, Appellees. Commonwealth Court of Pennsylvania.Argued June 5, 1984 August 13, 1984. Municipalities — Liability for highway conditions — State highways — Failure to warn. 1. The Commonwealth has exclusive jurisdiction over the control and […]

572 A.2d 1313 Bernard SNYDER, Petitioner, v. ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, Respondent. Commonwealth Court of Pennsylvania.Argued March 7, 1990. Decided April 2, 1990. Appeal from the Order of the Administrative Office of Pennsylvania Courts, dated January 25, 1989. F. Emmett Fitzpatrick, III, F. Emmett Fitzpatrick Law Offices, Philadelphia, for petitioner. Howard M. Holmes, with […]

300 A.2d 837 Bayuk Cigar Company, et al. v. Hawn, et al. Commonwealth Court of Pennsylvania.Argued December 7, 1972 February 28, 1973. Workmen’s compensation — Scope of appellate review — Unusual pathological result doctrine — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Preexisting condition — Burden of proof — […]

336 A.2d 706 Commonwealth of Pennsylvania, Department of Labor and Industry to the Use of Unemployment Compensation Fund, Appellant, v. Lawrence E. Peters, Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1975 April 22, 1975. Bankruptcy — Discharge — Taxes — Tax lien — After acquired property — Bankruptcy Act, 11 U.S.C. § 35(a)(1) — Determination […]

Richard L. SALTERS, Petitioner v. PENNSYLVANIA STATE POLICE MUNICIPAL POLICE OFFICERS’ EDUCATION AND TRAINING COMMISSION, Respondent. No. 761 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs October 17, 2006. Decided November 29, 2006. Appeal from the Pennsylvania Municipal Police Officers’ Education and Training Commission, No. 33280. Page 348 Carl Marcus, Pittsburgh, for petitioner. Joanna N. Reynolds, […]

484 A.2d 829 Commonwealth of Pennsylvania, Department of the Auditor General, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 19, 1984 November 30, 1984. Unemployment compensation — Rehearing. 1. The denial of an application for rehearing in an unemployment compensation case will be reversed only for clear […]

468 A.2d 1186 Vicki L. Hutton, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 23, 1983. Unemployment compensation — Wilful misconduct — Notice of absence. 1. In the absence of a clearly defined reporting procedure to the contrary, it is not wilful misconduct for an employe to […]

295 A.2d 608 Behrle v. Department of Environmental Resources. Commonwealth Court of Pennsylvania.Argued December 6, 1971 October 4, 1972. Argued December 6, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, Jr., MENCER and ROGERS. Judge MANDERINO did not participate. Appeal, No. 652 C.D. 1971, from the Order of the Department of Environmental […]

425 A.2d 1203 Greater Johnstown Area Vocational-Technical School, Appellant v. Greater Johnstown Area Vocational-Technical Education Association, Appellee. Re: Gary Gallo and Sandra Pagano. Commonwealth Court of Pennsylvania.Argued November 20, 1980 March 2, 1981. Schools — Collective bargaining agreement — Professional employes — Nonrenewal of contract as student congress advisors — Public School Code of 1949, […]

387 A.2d 677 In Re: Appeal of John Kuruce, Police Officer, Borough of McKees Rocks. John Kuruce, Appellant. Commonwealth Court of Pennsylvania.Argued May 1, 1978 June 20, 1978. Policemen and firemen — Conduct unbecoming an officer — Lack of specific findings — Proceeding de novo. 1. The Commonwealth Court of Pennsylvania will not remand a […]

629 A.2d 270 Lori HAWKS, a minor by Sally L. HAWKS, her parent and natural guardian, and Sally L. Hawks, individually, Appellants v. Roland M. LIVERMORE and Evans City Borough. Commonwealth Court of Pennsylvania.Argued June 17, 1993. Decided July 21, 1993. Appeal from the Common Pleas Court, Butler County, No. A.D. 92-076, Doerr, J. Page […]

688 A.2d 251 PALM CORPORATION v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellant. Commonwealth Court of Pennsylvania.Argued December 10, 1996. Filed January 27, 1997. Appeal from the Court of Common Pleas, No. 361-C of 1992, Luzerne County, Cappellini, J. Page 252 John V. Rovinsky, Assistant Counsel, Scranton, for appellant. Maurice A. Cardone, Nanticoke, for appellee. […]

519 A.2d 1112 The Marsteller Community Water Authority, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Bureau of Oil Gas, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1986 January 15, 1987. Environmental law — Injunction — Gas drilling permits — Exhaustion of administrative remedies — Expertise of Department of Environmental Resources. 1. An injunction […]

Gibbel v. Warwick Township Zoning Hearing Board. No. 655CD08.Commonwealth Court of Pennsylvania. February 23, 2009. Appeal from the Lancaster County CI-07-06661. Decisions Without Published Opinions Reversed. Page 987

Punxsutawney Area School District v. Cherian. No. 1203CD06.Commonwealth Court of Pennsylvania. May 18, 2007. Appeal from the Jefferson County No. 292-2005 CD. Decisions without Published Opinions. Affirmed.

607 A.2d 839 COMMONWEALTH of Pennsylvania v. 502-504 GORDON STREET, IN the NINTH WARD OF the CITY OF ALLENTOWN, COUNTY OF LEHIGH, Commonwealth of Pennsylvania as Described with Particularity in Deed Book Volume Number 366, Page 342, Recorder of Deeds Office, Lehigh County, and All Improvements, Appurtenances, Buildings, Structures, Furnishings, Equipment and All Items Personalty […]

827 A.2d 1245 John Wesley Banks, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 2242 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: May 16, 2003. Filed: June 20, 2003. Page 1246 Matthew P. Kelly, Wilkes Barre, for petitioner. No appearance entered on behalf of respondent. BEFORE: PELLEGRINI, Judge; COHN, Judge; JIULIANTE, Senior Judge. OPINION BY […]

330 A.2d 304 Dr. Ruth Heppel, Appellant, v. Commonwealth of Pennsylvania, State Civil Service Commission, Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1974 December 31, 1974. Civil service — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Violation of constitutional rights — Credibility — Evidentiary weight — […]

560 A.2d 912 Reva ROSENBLUM, Appellant, v. PORT AUTHORITY OF ALLEGHENY COUNTY and City of Pittsburgh, Appellees. Doris J. RIDDICK, Appellant, v. PORT AUTHORITY OF ALLEGHENY COUNTY, Appellee. Commonwealth Court of Pennsylvania.Argued May 1, 1989.Submitted on Briefs May 1, 1989. Decided June 21, 1989. Appeal from the Common Pleas, Allegheny County, Livingstone M. Johnson and […]

403 A.2d 1048 Temple University — of the Commonwealth System of Higher Education, Petitioner v. Commonwealth of Pennsylvania, Auditor General, Respondent. Temple University — of the Commonwealth System of Higher Education, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 7, 1979 July 17, 1979. Public assistance — Reimbursement […]

350 A.2d 464 Richard Robinson, individually and on behalf of all persons similarly situated, Plaintiff v. Milton J. Shapp, individually and as Governor of the Commonwealth of Pennsylvania, Defendant. Commonwealth Court of Pennsylvania.Argued January 5, 1976 January 30, 1976. Executive orders — General policy statement — Justiciable controversy — Discrimination because of affectional or sexual […]

449 A.2d 765 Robert Godfrey, Appellant v. Penns Valley Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1982 August 6, 1982. Argued February 4, 1982, before President Judge CRUMLISH and Judges ROGERS and DOYLE, sitting as a panel of three. Appeal, No. 447 C.D. 1981, from the Order of the Court of Common […]

714 A.2d 1164 Donald WAGNER and Rosemary Wagner, Husband and Wife, Appellants, v. BOROUGH OF RAINSBURG; Trudy Cessna Beegle, as Mayor and Chief of Police of Rainsburg Borough, and as an Individual, et al. Commonwealth Court of Pennsylvania.Submitted on Briefs April 16, 1998. Decided July 17, 1998. Page 1165 Appeal from the Court of Common […]

522 A.2d 112 Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gene F. Myers and Grace B. Myers, his wife, Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1986 March 5, 1987. Eminent domain — De facto taking — Scope of appellate review — Residence. 1. In a de facto taking case, the scope of review […]

460 A.2d 1214 Borough Council of Churchill Borough, Appellant v. Pagal, Inc., Appellee. Borough Council of Churchill Borough, Appellant v. Pagal, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued October 6, 1982 June 3, 1983. Zoning — Validity challenge — Curative amendment — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Scope of […]

Deborah LACHINA, Appellant v. BERKS COUNTY BOARD OF ELECTIONS. Commonwealth Court of Pennsylvania.Heard September 14, 2005. Decided September 15, 2005. Ordered Published November 22, 2005. Appeal from the Court of Common Pleas, Berks County, No. 05-11593, Lash, J. Page 327 Edwin L. Stock and James M. Smith, Reading, for appellant. Brian A. Gordon, Philadelphia, for […]

450 A.2d 327 Geraldine Demmy, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 27, 1982. Unemployment compensation — Advising of rights — Remand. 1. An order in an unemployment compensation case must be vacated and the case remanded when an unrepresented claimant was denied a fair and […]

412 A.2d 169 James K. Overstreet and Evelyn Overstreet v. Zoning Hearing Board of Schuylkill Township. Schuylkill Township, Appellant. James K. Overstreet and Evelyn Overstreet, Appellants v. Zoning Hearing Board of Schuylkill Township, Appellee. Commonwealth Court of Pennsylvania.Argued October 1, 1979 February 22, 1980. Zoning — Scope of appellate review — Error of law — […]

510 A.2d 391 Linda Ruff, Administratrix of the Estate of Allyson Ruff, Deceased, and James Ruff and Linda Ruff, as parents and natural guardians for Jared Ruff, a minor, and James Ruff and Linda Ruff, as individuals in their own right v. Baum’s Bologna, Inc., Mercedes-Benz Truck Co., Inc., Pennsylvania Department of Transportation and Steven […]

707 A.2d 1210 DEPARTMENT OF GENERAL SERVICES, Petitioner v. CIVIL SERVICE COMMISSION (MADDOX), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 16, 1998. Decided March 18, 1998. Appeal from the State Civil Service Commission, No. 18837. Peter M. Good, Harrisburg, for petitioner. Andrew J. Ostrowski, Harrisburg, for respondent. Before COLINS, President Judge, KELLEY, J., and […]

612 A.2d 645 COMMONWEALTH of Pennsylvania, STATE SYSTEM OF HIGHER EDUCATION, Petitioner, v. UNITED PLANT GUARD WORKERS OF AMERICA, LOCAL UNION NO. 509, Respondent. Commonwealth Court of Pennsylvania.Argued December 16, 1991. Decided July 9, 1992. Reargument Denied August 17, 1992. Petition For Allowance of Appeal Denied December 29, 1992. Appeal from the State System of […]

562 A.2d 989 FAIRVIEW TOWNSHIP v. Dennis L. SCHAEFER and Geraldine T. Whiteman. Appeal of Dennis L. SCHAEFER, Appellant. Commonwealth Court of Pennsylvania.Argued May 1, 1989. Decided: August 4, 1989. Petition for Allowance of Appeal Denied February 28, 1990. Appeal from the Common Pleas Court, Erie County, No. 59-E-1988, Michael T. Joyce, J. Page 80 […]

586 A.2d 1026 Joan M. SONNENBERG, Appellant, v. ERIE METROPOLITAN TRANSIT AUTHORITY, Appellee. Commonwealth Court of Pennsylvania.Argued October 1, 1990. Decided February 8, 1991. Appeal from the Common Pleas Court, Erie County, No. 3323-A-1985, George Levin, J. Page 534 James P. Lay, III, Gifford, Lay Johnson, with him, Stephen A. Tetuan, Erie, for appellant. William […]

351 A.2d 328 Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission v. WVCH Communications, Inc., a Pennsylvania Corporation, Appellant. Township of Middletown, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued December 3, 1975 February 11, 1976. Zoning — Public utility corporation — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Public utility — Page 293 […]

394 A.2d 1092 Richard Carter, Petitioner v. Thomas C. Rapone and Pennsylvania Board of Probation and Parole, Respondents. Commonwealth Court of Pennsylvania. December 8, 1978. Pennsylvania Board of Probation and Parole — Order of serving sentences — Act of 1941, August 6, P.L. 861 — Availability for recommitment — Credit for time on parole — […]

735 A.2d 178 ROBERT E. PLANK; ROBERT E. PLANK, JR.; STEVEN D. GLADSTONE and M.A. SWIFT, Appellants v. MONROE COUNTY TAX CLAIM BUREAU. Commonwealth Court of Pennsylvania.Argued: April 15, 1999. Filed: July 26, 1999. Appeal from No. 3010 C.D. 1998. Page 179 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

437 A.2d 527 Central Dauphin School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Commonwealth Court of Pennsylvania.Argued September 18, 1981 December 2, 1981. Equitable estoppel — Bonded indebtedness reimbursement — Schools. 1. The doctrine of equitable estoppel may be applied to a Commonwealth of Pennsylvania agency; whether the doctrine is applicable is […]

452 A.2d 891 Camp Joy, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Pennhurst Center, Respondent. Commonwealth Court of Pennsylvania. November 23, 1982. Public contracts — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Campers — Services provided — Ambiguities. 1. Review by the Commonwealth […]

880 A.2d 39 In re Appeal of the CUTLER GROUP, INC. from decision of the Board of Supervisors of East Vincent Township. No. 1659 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: March 1, 2005. Filed: July 8, 2005. Reargument Denied: August 31, 2005. ORDER COLINS, President Judge. NOW, August 31, 2005, having considered the petition for reargument […]

525 A.2d 1274 Professional Paramedical Services, Inc., et al., Petitioners v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 24, 1987. May 21, 1987. Pennsylvania Public Utility Commission — Declaratory order — Appealable order — Public Utility Code, 66 Pa. C. S. § 331 — Hearing — Abuse of discretion — Pennsylvania Urban […]

677 A.2d 350 CITY OF HARRISBURG; Joan E. Croasdale et al., v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS et al., Appellants. CITY OF HARRISBURG; Joan E. Croasdale et al., v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS et al., Joan E. Croasdale, Kristen G. Acri et al., Appellants. Commonwealth Court of Pennsylvania.Argued September 13, 1995. Decided […]

Loftus v. Comm. of PA, Dept. of Trans. No. 2472 C.D. 10.Commonwealth Court of Pennsylvania. August 2, 2011. Appeal from the Bucks County 2007-00904-27-2. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

725 A.2d 1285 WILLIE SMITH, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (DUNHILL TEMPORARY SYSTEMS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 5, 1999. Decided March 10, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-2468. Thomas E. Lucas, Jr., and Todd J. O’Malley, Scranton, for petitioner. Joseph M. Caputo, Scranton, for respondent. BEFORE: […]

538 A.2d 585 Mars Area Association of School Service Personnel, PSSPA/PSEA, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1987. December 30, 1987. Labor law — Unfair labor practice — Good faith bargaining — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Scope […]

422 A.2d 1183 In Re: Application of Burroughs Corporation. Burroughs Corporation, Appellant. Commonwealth Court of Pennsylvania. November 14, 1980. Zoning — Variance — Tenant — Standing — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Lease Permission — De minimis — Minor deviation — Dimensional requirements — Use variance. 1. Where a […]

Pilchesky v. City of Scranton. No. 2284CD06.Commonwealth Court of Pennsylvania. July 19, 2007. Appeal from the Lackawanna County 2004-CV-2779. Decisions without Published Opinions Affirmed.

846 A.2d 793 Meenan Oil Company, L.P., Petitioner v. Workers’ Compensation Appeal Board (Pownall), Respondent. No. 2194 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: January 30, 2004. Filed: April 13, 2004. Page 794 Martin J. Fallon, Jr., Philadelphia, for petitioner. Michael N. Silver, Upper Darby, for respondent. BEFORE: FRIEDMAN, Judge; LEADBETTER, Judge; KELLEY, Senior Judge. OPINION BY […]

415 A.2d 1282 William B. Richardson, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 6, 1980 July 3, 1980. Pennsylvania Human Relations Commission — Probable cause for discrimination complaint — Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — Specificity — Failure to exhaust administrative remedies. […]

300 A.2d 295 Pfafman v. Unemployment Compensation Board of Review. Commonwealth Court of Pennsylvania.Argued January 11, 1973 February 5, 1973. Unemployment compensation — Voluntary termination of employment — Cause of necessitous and compelling nature — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937)2897 — Desk clerk — Suitable employment. […]

Lilly v. Township of Bushkill. No. 1405CD06.Commonwealth Court of Pennsylvania. April 19, 2007. Appeal from the Northampton County C0048CV2002004120. Decision without Published Opinions Affirmed.

412 A.2d 697 Stegmaier Brewing Co., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Braccio Dignani, Respondents. Commonwealth Court of Pennsylvania.Argued February 7, 1980 March 26, 1980. Workmen’s compensation — Referee — Medical testimony — Burden of proof. 1. In a workmen’s compensation case, where there is a conflict of medical opinion, it […]

567 A.2d 784 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Appellant, v. John M. GRUTZA, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs October 13, 1989. Decided December 20, 1989. Appeal from the Department of Transportation. Page 213 John T. Clary, Jr., Asst. Counsel, John V. Rovinsky, Lawrence R. Wieder, John L. Heaton, […]

719 A.2d 1131 DANIEL MERZ, A Minor, by his parents and natural guardians, LEONARD MERZ and PATRICIA MERZ, his wife and LEONARD MERZ and PATRICIA MERZ, in their own right, Appellants v. CITY OF PHILADELPHIA and ROBERT FOX, JR. Commonwealth Court of Pennsylvania.Argued October 7, 1998. Decided October 29, 1998. Appeal from Court of Common […]

560 A.2d 922 Darren J. THOMAS, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Bradley W. PEARSON, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Timothy L. BRADLEY, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Scottie K. EDDY, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION […]

728 A.2d 981 LEHIGH-NORTHAMPTON AIRPORT AUTHORITY, Appellant v. WBF ASSOCIATES, L.P. Commonwealth Court of Pennsylvania.Argued: December 10, 1998. Filed March 25, 1999. Page 982 Appeal from the Court of Common Pleas, Lehigh County, No. 95-C-3035, Gardner, J. Charles J. Fonzone, Allentown, for appellant. Kevin T. Fogerty, Allentown, for appellee. Before McGINLEY, J., FRIEDMAN, J., and […]

330 A.2d 586 Lockhart Iron and Steel Co., Appellant v. Workmen’s Compensation Appeal Board and William J. White, Jr., Appellees. Commonwealth Court of Pennsylvania.Argued November 8, 1974 January 9, 1975. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — The […]

367 A.2d 366 Raymond Walker v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Raymond Walker, Appellant. Commonwealth Court of Pennsylvania.Argued October 8, 1976 December 13, 1976. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Withdrawn resignation — Burden of proof — Hearsay. 1. […]

761 A.2d 629 LOUIS J. PORRECO v. MALENO DEVELOPERS, INC., JOHN D. MALENO and LYNN E. MALENO ANTHONY PASTORE, CARL PASTORE, DON PASTORE and PAUL PASTORE, d/b/a PASTORE BROTHERS, Tenants in Common and d/b/a PASTORE BROTHERS, a Pennsylvania Partnership v. LOUIS J. PORRECO and MALENO DEVELOPERS, INC. v. TOWNSHIP OF MILLCREEK ANTHONY PASTORE, CARL PASTORE, […]

302 A.2d 875 Del Penn Steel Corp., et al. v. Abrams, et al. Commonwealth Court of Pennsylvania.Argued January 12, 1973 April 3, 1973. Workmen’s compensation — Scope of appellate review — Referee — Findings of fact — Conclusions of law — Sufficient competent evidence — Record. 1. It is the duty of the Workmen’s Compensation […]

520 A.2d 118 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Rex Allen Adcock, Appellee. Commonwealth Court of Pennsylvania. January 21, 1987. Motor vehicles — Licensing — Suspension — Financial responsibility — Insurance — Employer — Burden of proof. 1. In order to avoid a license suspension for violation of the […]