Category: Pennsylvania Superior Court Opinions

535 A.2d 1233 Michelle Long, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Petitioner v. Michelle Long, Respondent. Commonwealth Court of Pennsylvania.Argued December 15, 1987. January 19, 1988. Civil service — Cause of dismissal — Misappropriation — Burden of proof — Wrongful intent — Reputation testimony […]

496 A.2d 913 Gene Reuben, Appellant v. James L. O’Brien and Lawrence Rosenwald, a/k/a Lawrence William Rosenwald and Aetna Casualty and Surety Company, Appellees. Commonwealth Court of Pennsylvania.Argued December 11, 1984 August 12, 1985. Judicial immunity — Judgment on the pleadings — Constable — Defamation. 1. When ruling on a motion for judgment on the […]

534 A.2d 1149 The Borough of Crafton, Appellant v. Larry P. Gaitens, Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1987. December 23, 1987. Taxation — Equity jurisdiction — The Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257 — Summary judgment — Scope of appellate review — Head tax — Residence — Head […]

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 […]

Rebecca TETER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PINNACLE HEALTH SYSTEM), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 30, 2005. Decided November 17, 2005. Page 722 Michael J. Pykosh, Camp Hill, for petitioner. Christopher D. Pavuk, Wormleysburg, for respondent. BEFORE: McGINLEY, Judge, LEAVITT, Judge, and FLAHERTY, Senior Judge. OPINION BY Senior Judge FLAHERTY. Rebecca […]

717 A.2d 1075 JAQUAY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CENTRAL PROPERTY SERVICES), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 16, 1998. Decided August 18, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-2567. John P. Yukevich, Jr., Pittsburgh, for petitioner. Marianne C. Plant, Pittsburgh, for respondent. Before DOYLE and FLAHERTY, JJ., and […]

809 A.2d 1068 Milton Thomas, Petitioner v. Workers’ Compensation Appeal Board (Health Care Business Resources), Respondent. No. 1565 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: September 20, 2002. Filed: October 30, 2002. Page 1069 Kathy Kennedy, Philadelphia, for petitioner. Eric S. Scher, Philadelphia, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Dan Pellegrini, Judge; Honorable Joseph […]

627 A.2d 814 TREDYFFRIN-EASTTOWN SCHOOL DISTRICT, Appellant, v. VALLEY FORGE MUSIC FAIR, INC., Appellee, TREDYFFRIN-EASTTOWN SCHOOL DISTRICT, Appellant, v. VALLEY FORGE MUSIC FAIR, INC., Appellee, VALLEY FORGE MUSIC FAIR, INC., Appellant, v. TREDYFFRIN-EASTTOWN SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued November 20, 1992. Decided June 2, 1993. Reargument Denied August 3, 1993. Appeal from the […]

604 A.2d 757 Melanie Lee SEIFERTH, Appellant, v. DOWNINGTOWN AREA SCHOOL DISTRICT, Appellee. Commonwealth Court of Pennsylvania.Argued November 18, 1991. Decided February 19, 1992. Appeal from the Court of Common Pleas, Chester County, No. 88-07065, J. Curtis Joyner, J. Page 563 Andrew P. Motel, for appellant. Charles A. DiFazio, for appellee. Before DOYLE and PELLEGRINI, […]

Flaim v. Pennsylvania Army National Guard (PAARNG) of the Commonwealth of Pennsylvania. No. 1942CD06.Commonwealth Court of Pennsylvania. May 3, 2007. Appeal from the Lebanon County 2005-01304. Decisions without Published Opinions. Affirmed. Page 1272

360 A.2d 839 Collier Township, Appellee v. Robinson Township, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1976 June 18, 1976. Municipalities — Petition to establish a disputed boundary — The First Class Township Code, Act 1931, June 24, P.L. 1206 — Signatures — Subject matter jurisdiction — Method of presenting matter to court — Waiver […]

GERMANTOWN CAB CO., Petitioner v. PHILADELPHIA PARKING AUTHORITY, Respondent. No. 1252 C.D. 2009.Commonwealth Court of Pennsylvania.Argued November 5, 2009. Decided April 28, 2010. Appeal from the philadelphia parking Authority, No 08-12-19. Page 934 Michael S. Henry, Philadelphia, for petitioner. Alan C. Kohler, Harrisburg, for respondent. BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, […]

346 A.2d 834 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Jose A. Rodriguez v. Calder Manufacturing Company and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants. Commonwealth Court of Pennsylvania.Argued September 12, 1975 November 7, 1975. Workmen’s compensation — Remand — Interlocutory order — Appealable order — Additional medical testimony — Disability […]

289 A.2d 769 Frei, et al. v. Unemployment Compensation Board of Review. Commonwealth Court of Pennsylvania.Argued March 7, 1972 April 17, 1972. Unemployment compensation — Willful misconduct — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Crossing picket lines — National Labor Relations Board — Labor arbitration — Labor contracts. 1. […]

682 A.2d 432 ALLEGHENY VALLEY SCHOOL, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted August 9, 1996. Decided September 10, 1996. Appealed from Unemployment Compensation Board of Review, (UCBR), No. B-346050. Arthur D. Feldman, for Petitioner. Sarah C. Yerger, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for Respondent. Before […]

Dianna LAMBERT, Executrix of the Estate of Edward A. Lambert v. Mary Elizabeth KATZ, Executrix of the Estate of Robert W. Wilsbach, Sr. and Pennsylvania Department of Transportation. Mary Elizabeth Katz, Executrix of the Estate of Robert W. Wilsbach, Sr. v. Pennsylvania Department of Transportation. Appeal of: Dianna Lambert, Executrix of the Estate of Edward […]

H. Stanley REBERT, in his official capacity as District Attorney for York County, Appellant v. YORK COUNTY DETECTIVES ASSOCIATION. . 659 C.D. 2006.Commonwealth Court of Pennsylvania.Argued September 12, 2006. Decided October 16, 2006. Appeal from the Court of Common Pleas, York County, No. 2005-SU-002070-Y08, Blackwell, J. Page 907 Stacey R. MacNeal, York, for appellant. Richardson […]

TOWNSHIP OF EXETER v. ZONING HEARING BOARD OF EXETER TOWNSHIP and Land Displays, Inc. Appeal of: Board of Supervisors of Exeter Township. No. 2545 C.D. 2005.Commonwealth Court of Pennsylvania.Argued September 11, 2006. Decided November 1, 2006. Reargument Denied December 19, 2006. Appeal from the Common Pleas Court, Berks County, No. 05-13146, Lieberman, J. Page 202 […]

434 A.2d 1316 County of Montgomery, Petitioner v. Commonwealth of Pennsylvania, Department of Commerce, Respondent. Commonwealth Court of Pennsylvania.Argued April 10, 1981 September 23, 1981. Municipalities — Contracts — Intention of parties — Reimbursement of county by state — Parol evidence. 1. When provisions of written contract are clear and unambibuous, it is unnecessary to […]

691 A.2d 1048Commonwealth Court of Pennsylvania. March 1998. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION——- —— —- ————- ———– Hakimoglu v. Comm. Dept. of Trans., Bureau of Driver Lic………………… 1521CD96 3/5/97 Montgomery County Affirmed 95-10150 City of Philadelphia, Dept. of Streets v. Ricciardi ……. 1145CD96 3/5/97 Philadelphia County Vacated and 563 May Term 1993 […]

844 A.2d 659 John Raker, Appellant v. PA. Dept. of Corrections. No. 1994 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: February 13, 2004. Filed: March 16, 2004. Page 660 Arnold Laikin, Philidelphia, for appellant. Howard G. Hopkirk, Harrisburg, for appellee. BEFORE: PELLEGRINI, Judge; COHN, Judge; FLAHERTY, Senior Judge. OPINION BY Judge PELLEGRINI. John Raker (Raker) appeals an […]

SELINSGROVE AREA SCHOOL DISTRICT, Appellant v. LOBAR, INC., and American Roofing, Inc. No. 2310 C.D. 2010.Commonwealth Court of Pennsylvania.Argued June 6, 2011. Decided September 27, 2011. Page 138 Appeal from the Court of Common Pleas, 17th Judicial District, Snyder County, No. CV-0236-2008, Knight, Senior Judge. Theodore A. Adler, Camp Hill, for appellant. George E. Pallas, […]

422 A.2d 1241 James D. Garnet, M.D., Petitioner v. Armand D’Alonzo and Anita S. D’Alonzo, his wife, Respondents. Commonwealth Court of Pennsylvania.Argued October 9, 1980 December 11, 1980. Attorney — Litigation — Implied authority — Apparent authority — Settlement. 1. Ordinarily, the employment of an attorney to represent a client with respect to litigation does […]

Jeffrey A. SESTRIC v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 122 C.D. 2011.Commonwealth Court of Pennsylvania.Submitted on Briefs August 19, 2011. Decided September 27, 2011. Appeal from the Court of Common Pleas, Washington County, No. 2010-2420, Pozonsky, J. Page 142 Terrance M. Edwards, Assistant Counsel, Harrisburg, for appellant. Thomas […]

414 A.2d 157 Jones Motors, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Dollie Moyer, Widow of Richard Moyer, Deceased, Respondents. Commonwealth Court of Pennsylvania. May 7, 1980. Workmen’s compensation — Termination of benefits — Meretricious relationship — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Suspension. 1. The […]

770 A.2d 815 KEVIN M. DALEY, Appellant v. ZONING HEARING BOARD OF UPPER MORELAND TOWNSHIP and ST. DAVID’S ROMAN CATHOLIC CHURCH. No. 763 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: October 5, 2000. Filed: April 10, 2001. Before: Honorable James Gardner Colins, Judge; Honorable Doris A. Smith, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. Page 816 […]

6 A.3d 1053 Rosemarie A. BEDDIS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 2233 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs June 11, 2010. Decided October 18, 2010. Page 1054 Charles W. Campbell, Norristown, for petitioner. Jonathan D. Koltash, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for respondent. BEFORE: LEADBETTER, […]

449 A.2d 857 In Re: Omicron Enterprises, t/a/d/b/a Parkway Tavern etc. Omicron Enterprises, trading and doing business as Parkway Tavern, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1982 September 2, 1982. Liquor licensing — Suspension — Burden of proof — Liquor Code, Act of April 12, 1951, P.L. 90 — Scope of appellate review. 1. […]

728 A.2d 408 READING ANTHRACITE COMPANY AND OLD REPUBLIC INSURANCE COMPANY, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (KONOPKA), Respondent. Commonwealth Court of Pennsylvania.Submitted March 20, 1998. Filed April 9, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A95-3197. Michael J. Domanish, Scranton, for petitioner. Page 409 David S. Makara, Hazelton, for respondent. Before DOYLE, […]

460 A.2d 1199 City of Scranton v. Saul Baiderman and/or Wallace Putkowski. Wallace Putkowski, Appellant. Commonwealth Court of Pennsylvania.Argued June 7, 1982 May 19, 1983. Zoning — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Injunctions — Scope of appellate review — Nonconforming use. 1. Under Section 617 of the Pennsylvania […]

545 A.2d 1009 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Dale Michener, Appellee. Commonwealth Court of Pennsylvania. August 19, 1988. Motor vehicles — Licensing — Suspension — Scope of appellate review — Vehicle Code, 75 Pa. C. S. § 1547(b) — Chemical testing — Reasonable grounds. 1. In a motor […]

956 A.2d 477 The PHILADELPHIA HOUSING AUTHORITY, Appellant v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, District Council 33, Local 934. No. 2405 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 11, 2008. Decided: September 15, 2008. Appeal from the Court of Common Pleas, Philadelphia County, No. 002280, August Term 2004, Carrafiello, J. Page 478 Mary […]

537 A.2d 45 Pennsylvania Public Utility Commission, Petitioner v. Celeste Taylor, Respondent. Celeste Taylor, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 5, 1987. January 25, 1988. Civil service — Scope of appellate review — Burden of proof — Furlough — Civil Service Act, Act of August 5, 1941, P.L. 752 […]

452 A.2d 596 Hanlon Wilson Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 17, 1982. Unemployment compensation — Conflicting evidence — Inadequate findings — Wilful misconduct — Remand. 1. An unemployment compensation case must be remanded for additional findings when after conflicting evidence crucial matters going […]

561 A.2d 74 Mable Lee BRUCE, Appellant, v. Norman GADSON a/k/a Raachman Ali and City of Philadelphia and George A. Scott Realty, Appellees. Commonwealth Court of Pennsylvania. Decided July 10, 1989. Appeal from the Court of Common Pleas, Philadelphia County, Civil Trial Division, May Term, 1984, at No. 4949, Samuel M. Lehrer, J. John Devirgilis, […]

379 A.2d 654 A D, Inc., Appellant v. Zoning Hearing Board, East Nottingham Township, Chester County, Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued October 3, 1977 November 14, 1977. Zoning — Variance — Pennsylvania Municipalities Planning Code, Act 1968, December 31, P.L. 805 — Unnecessary hardship — Reasonable profit — Economic hardship — Burden of proof. […]

529 A.2d 585 Mitchell Energy Corporation, Appellant v. The Zoning Hearing Board of Summerhill Township and Leonard Kreider and John Beebe, Appellees. Mitchell Energy Corporation, Appellant v. The Board of Supervisors of Summerhill Township and Leonard Kreider and John Beebe, Appellees. Commonwealth Court of Pennsylvania.Argued March 24, 1987. July 30, 1987. Zoning — Injection well […]

556 A.2d 29 James M. DeGore, Appellant v. Civil Service Commission of Allegheny County, Appellee. Commonwealth Court of Pennsylvania.Argued: October 3, 1988. March 23, 1989. Civil service — Deputy Sheriff’s Act, Act of May 31, 1974, P.L. 296 — Local Agency Law, 2 Pa. C. S. § 754. 1. Because the Deputy Sheriff’s Act, Act […]

779 A.2d 618 Commonwealth of Pennsylvania v. Barry L. Comly, Appellant. No. 168 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: April 20, 2001. Filed: July 5, 2001. Page 619 Before: Honorable James Gardner Colins, Judge; Honorable James R. Kelley, Judge; Honorable William J. Lederer, Senior Judge. OPINION JUDGE COLINS Barry L. Comly appeals from an order of […]

394 A.2d 1099 Daniel R. DeLullo, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 30, 1978 December 8, 1978. Unemployment compensation — Unemployed businessman — Corporate control — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. A corporate official and director agreeing to a […]

317 A.2d 332 A. M. Elshinnawy, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1974 April 1, 1974. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Sufficient evidence — Credibility — Weight of evidence — Inferences — Voluntary […]

646 A.2d 24 GIANT FOOD STORES, INC., Petitioner, v. DEPARTMENT OF HEALTH, Respondent. Commonwealth Court of Pennsylvania.Argued May 13, 1994. Decided July 14, 1994. Appeal from the order of a Hearing Examiner for the Department of Health, WIC-93-015 and WIC-93-014. Page 53 Michael D. Reed, for petitioner. Kenneth E. Brody, Asst. Counsel, for respondent. Before […]

364 A.2d 986 Emilio Riojas, Appellant v. Board of Licenses and Inspections Review of the City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1976 October 21, 1976. Landlord-tenant relations — The Act of 1966, January 24, P.L. (1965) 1534 — Power of local departments — Unfit for human habitation — Production of witnesses. […]

609 A.2d 207 Luis E. NUNEZ, Appellant v. REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA, Appellee. Commonwealth Court of Pennsylvania.Argued: March 5, 1992. Decided: April 30, 1992. Appeal from the Common Pleas Court, Philadelphia County, No. 4488 April Term, 1973, Armand Della Porta, J. Edward J. Hayes, for appellant. William T. Steerman, Sp. Counsel, for […]

SOLEBURY TOWNSHIP v. SOLEBURY TOWNSHIP ZONING HEARING BOARD. No. 2679CD04.Commonwealth Court of Pennsylvania. July 27, 2005. Appeal from Bucks County 04-02104-16-5. Decision without published opinion. Affirmed. Page 881

Carl E. MILLER, Jr., Appellant v. CLINTON COUNTY TAX CLAIM BUREAU and David D. Wilson and Carlita M. Wilson. No. 182 C.D. 2006.Commonwealth Court of Pennsylvania.Argued September 14, 2006. Decided October 17, 2006. Appeal from the Court of Common Pleas, Clinton County, No. 1429-2005, Saxton, Jr. Page 462 Lewis G. Steinberg, Lock Haven, for appellee, […]

465 A.2d 145 William O. Cardwell, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 16, 1983. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellant review — Suitable work. 1. To be eligible for unemployment compensation, […]

Seibert v. West Vincent Township Board of Supervisors. No. 620CD07.Commonwealth Court of Pennsylvania. August 15, 2007. Appeal from the Chester County 05-08055. Commonwealth Court of Pennsylvania decisions without published opinions Affirmed. Page 1275

488 A.2d 651 Joseph R. Barna, Sr., Petitioner v. Workmen’s Compensation Appeal Board (Jones Laughlin Steel Corporation), Respondents. Commonwealth Court of Pennsylvania. March 4, 1985. Workmen’s compensation — Burden of proof — Scope of appellate review — Termination. 1. In a workmen’s compensation case, when the party with the burden of proof prevails before the […]

755 A.2d 729 TROY E. DANIELS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 96 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: May 19, 2000. Filed: July 13, 2000. Page 730 John B. Dougherty, Harrisburg, for petitioner. Kevin M. Gold, Harrisburg, for intervenor. Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Joseph F. McCloskey, […]

384 A.2d 1365 David Gladkowski, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1977 April 27, 1978. Unemployment compensation — Words and phrases — Wilful misconduct — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Serious disregard of responsibilities […]

761 A.2d 645 PENNSYLVANIA STATE TROOPERS ASSOCIATION, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. No. 2931 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: September 12, 2000. Filed: November 6, 2000. Page 646 Sean T. Welby, Harrisburg, for petitioner. Keith Herbster, Harrisburg, for respondent. Lisa K. Essman, Harrisburg, for intervenor, Com. of PA. Before: Honorable Dan Pellegrini, Judge; […]

347 A.2d 499 Doctors Osteopathic Hospital v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board and American Federation of State, County and Municipal Employees, AFL-CIO, Intervening Appellee. Doctors Osteopathic Hospital, Appellant. Commonwealth Court of Pennsylvania.Argued October 27, 1975 November 20, 1975. Appeal — Timeliness of appeal — Appellate Court Jurisdiction Act of 1970, Act 1970, July […]

961 A.2d 209 Edward G. RENDELL, Governor of Pennsylvania, and Michael DiBerardinis, Pennsylvania Secretary of Conservation and Natural Resources, Petitioners v. PENNSYLVANIA STATE ETHICS COMMISSION, Respondent. Edward G. Rendell, Governor of Pennsylvania, and Kathleen A. McGinty, Pennsylvania Secretary of Environmental Protection, Petitioners v. Pennsylvania State Ethics Commission, Respondent. Nos. 268 M.D. 2007, 269 M.D. 2007.Commonwealth […]

350 A.2d 923 The Employes of the City of Philadelphia, Deputy Sheriffs I II, Appellants v. Pennsylvania Labor Relations Board, Appellee, and District Council 33, American Federation of State, County and Municipal Employees, A.F.L.-C.I.O., Intervening Appellee. Commonwealth Court of Pennsylvania.Argued October 7, 1975 February 6, 1976. Labor — Collective bargaining — Public Employe Relations Act, […]

488 A.2d 668 Keystone Bakery, Inc., and Ranger Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Lack), Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1984 March 5, 1985. Workmen’s compensation — Burden of proof — Scope of appellate review — Final receipt. 1. In a workmen’s compensation case, when the party with the burden of […]

655 A.2d 609 CHESTER RESIDENTS CONCERNED FOR QUALITY LIVING, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued December 5, 1994. Decided February 17, 1995. Reargument Denied April 17, 1995. Petition for Allowance of Appeal Granted May 16, 1995. Appeal from the Environmental Hearing Board, No. 93-234-MR. Page 610 Jerome Balter, for petitioner. […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Mason. No. 2684CD10.Commonwealth Court of Pennsylvania. July 15, 2011. Appeal from the York County 2010-SU-02528-08. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

520 A.2d 940 Civil Service Commission of the City of Philadelphia, Appellant v. James C. Putz, Appellee. Commonwealth Court of Pennsylvania.Argued September 9, 1986 February 5, 1987. Civil service — Scope of appellate review — Burden of proof — Police — Dismissal — Just cause. 1. In a civil service case, when the court of […]

795 A.2d 1100 COMMONWEALTH OF PENNSYLVANIA v. ROSE SPROCK, a/k/a ROSALIE SPROCK, Appellant. COMMONWEALTH OF PENNSYLVANIA v. CARL SPROCK, a/k/a CARL A. SPROCK, Appellant. No. 3256 C.D. 1998, 3257 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: November 4, 1999. Filed: April 11, 2002. Page 1101 William R. Carroll, Somerset, for appellant. C. Gregory Frantz, Somerset, for appellee. […]

502 A.2d 779 General Asphalt Paving Company of Philadelphia, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania. January 6, 1986. Taxation — Use tax — Public utility exclusion — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 — Paving materials — Equipment rental. 1. Materials used in paving and […]

521 A.2d 989 Wade Plair, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. March 3, 1987. Parole — Recommitment — Scope of appellate review — Prior inconsistent statement. 1. In a parole recommitment case, the scope of review of the Commonwealth Court of Pennsylvania is limited to […]

6 A.3d 1060 Charles KOVLER, Appellant v. BUREAU OF ADMINISTRATIVE ADJUDICATION. No. 579 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs July 16, 2010. Decided October 19, 2010. Page 1061 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1062 Charles Kovler, Holland, for […]

664 A.2d 1110 Ivan ORRIOLA, Debra Orriola, his wife, and Deidre Orriola, by her father, Ivan Orriola, Appellants, v. Janice F. FRICK, Paul L. Frick, Commonwealth of Pennsylvania, Department of Transportation, McKean Township et at. Commonwealth Court of Pennsylvania.Argued August 22, 1995. Decided September 13, 1995. Appeal from the Common Pleas Court, Erie County, Nos. […]

606 A.2d 1247 EAST TORRESDALE CIVIC ASSOCIATION, Appellant v. ZONING BOARD OF ADJUSTMENT OF PHILADELPHIA COUNTY and City of Philadelphia and Robert Bruce Drysdale, Appellees. Commonwealth Court of Pennsylvania.Argued: November 19, 1991. Decided: April 3, 1992. Reargument Denied June 15, 1992. Appeal from the Court of Common Pleas of Philadelphia County, 4995 September Term, 1989, […]

In re Election Expenses for Fetterman, In re Fetterman. No. 993CD06.Commonwealth Court of Pennsylvania. February 16, 2007. Appeal from the Union County CV-04-18. Decisions Without Published Opinions. Reversed.

655 A.2d 205 CHUBB GROUP OF INSURANCE COMPANIES, Petitioner, v. DEPARTMENT OF LABOR INDUSTRY, BUREAU OF WORKER’S COMPENSATION, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1994. Decided February 15, 1995. Appeal from the Bureau of Workers’ Compensation, Nos. 4235-4238. James F. Pearn, Jr., for petitioner. Carol L. Cingranelli, for respondent. Before COLINS, President Judge, McGINLEY, […]

745 A.2d 61 DORIS GRIFFIN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (THOMAS JEFFERSON UNIVERSITY HOSPITAL), Respondent. No. 1819 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 12, 1999. Filed: December 29, 1999. Reconsideration Denied February 18, 2000. Appeal from the Workers’ Compensation Appeal Board, No. A96-4183. Page 62 Jeffrey S. Kahn, Plymouth Meeting, for petitioner. Kenneth M. […]

391 A.2d 1112 Interstate Traveller Services, Inc., a/k/a Tri-County Oil Company, Inc., The Township of Boggs and Boggs Township Authority, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources and Mid-Centre County Authority, Respondents. Commonwealth Court of Pennsylvania.Argued June 6, 1978 September 25, 1978. Environmental law — Statutory remedy — Jurisdiction of the Commonwealth Court […]

370 A.2d 763 Joseph Pilchesky, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1977 March 10, 1977. Unemployment compensation — Wilful misconduct — Absenteeism — Unemployment Compensation Law, Act 1936 December 5, P.L. (1937) 2897 — Necessary witnesses — Testimony of claimant — Sufficient […]

Cook-Artis v. Moyd. No. 1453CD08.Commonwealth Court of Pennsylvania. February 10, 2009. Appeal from the Philadelphia County 1344 July Term 2007. Decisions Without Published Opinions Affirmed. Page 986

560 A.2d 935 PLEASANT VALLEY SCHOOL DISTRICT, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 24, 1989. Decided June 26, 1989. Appeal from the Department of Community Affairs. Page 86 Jens H. Damgaard, Donna M.J. Clark, Rhoads Sinon, Harrisburg, and Daniel M. Corvelyn, Mervine, Brown, Newman, […]

618 A.2d 1087 Kathleen P. HAWK and Steve F. Uhlman and Mary Beth Uhlman, his wife, v. ZONING HEARING BOARD OF BUTLER TOWNSHIP and Bell Atlantic Mobile Systems, Inc., and Butler Township. Appeal of BELL ATLANTIC MOBILE SYSTEMS, INC., Appellant. Commonwealth Court of Pennsylvania.Argued October 22, 1992. Decided December 2, 1992. Rehearing Denied January 19, […]

354 A.2d 32 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Florian L. Woolensack v. Presbyterian-University Hospital and The Hartford Accident Indemnity Company, Appellants. Commonwealth Court of Pennsylvania.Argued March 5, 1976 March 19, 1976. Workmen’s compensation — Necessity for findings of fact — Disability — Ability to do light work — Availability of […]

673 A.2d 1055 Angelo R. AQUARO, Appellant, v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA and The City of Philadelphia. Commonwealth Court of Pennsylvania.Argued October 16, 1995. Decided March 28, 1996. Page 1056 Appeal from the Court of Common Pleas, County of Philadelphia, No. 3783 October Term, 1992, Avellino, J. Page 1057 Ralph […]

322 A.2d 390 City of Pittsburgh, Peter F. Flaherty, Mayor, and Joseph L. Cosetti, Treasurer, Appellants, v. Pittsburgh Press Company, Appellee. Commonwealth Court of Pennsylvania.Argued May 7, 1974 July 18, 1974. Taxation — Business privilege tax — Local Tax Enabling Act, Act 1965, December 31, P. L. 1257 — Manufacturing exemption — Strict construction — […]

452 A.2d 569 Herman Foster, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1982 October 18, 1982. Public assistance — Work-related expenses — Deduction. 1. The prevention of fraud and the facilitation of the goal of greater administrative efficiency with respect to the general assistance program are […]

569 A.2d 395 Mark G. HEMMLER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CLARKS SUMMIT STATE HOSPITAL), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 22, 1989. Decided January 26, 1990. Appeal from the Workmen’s Compensation Appeal Board, no. A-94341. Page 25 Thomas J. Jones, Scranton, for petitioner. Daniel A. Miscavige, Hazleton, for respondent, Clarks Summit […]

458 A.2d 638 Gerard Sensi, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. April 12, 1983. Municipalities — Violation of Building Code — Failure to obtain dance hall license — Criminal proceedings. 1. It is not improper for a district justice to treat a building code violation as a summary offense and impose […]

837 A.2d 671 Leeann Krouse, Petitioner v. Workers’ Compensation Appeal Board (Barrier Enterprises, Inc.), Respondent. No. 809 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 20, 2003. Filed: December 9, 2003. Page 672 Robert J. Muoolo, Sunbury, for petitioner. J. Casey Watson, Williamsport, for respondent. BEFORE: PELLEGRINI, Judge; COHN, Judge; JIULIANTE, Senior Judge. OPINION BY Judge COHN. […]

655 A.2d 659 Frank J. ANTIMARY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (U.S. # 1 AUTO SALES KLM Insurance Group), Respondents. U.S. # 1 AUTO SALES, Petitioner, WORKMEN’S COMPENSATION APPEAL BOARD (ANTIMARY), Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1995. Decided March 3, 1995. Appeal from The Worker’s Compensation Appeal Board, No. A93-1300. Page 660 […]

335 A.2d 841 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Jerome W. Valenti, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1975 April 8, 1975. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Special speed limit — Conviction. 1. […]

378 A.2d 490 Helen B. Jochynek, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1977 October 3, 1977. Unemployment compensation — Registrar of vital statistics — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Self-employment — Words and phrases — Employe — Independent […]

647 A.2d 963 ACME MARKETS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GREDZINSKI), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 25, 1994. Decided August 23, 1994. Reargument Denied October 25, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-2623. Page 101 Frederick J. Gentile, for petitioner. Michael N. Silver, for respondent. Before DOYLE and […]

539 A.2d 34 Geri Kaminski, Petitioner v. Workmen’s Compensation Appeal Board (The Dobbs House, Inc.), Respondents. Commonwealth Court of Pennsylvania. March 18, 1988. Workers’ compensation — Petition to set aside final receipt — Record on appeal — Striking improper attachments — Burden of proof — Medical evidence — Scope of appellate review — Violation of […]

872 A.2d 281 ST. JOSEPH’S HOUSE v. CHESTER COUNTY BOARD OF ASSESSMENT APPEALS. No. 1645CD04.Commonwealth Court of Pennsylvania. March 29, 2005. Appeal from the Chester County 02-05652. Decisions without published opinions Affirmed.

321 A.2d 373 Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Nod’s Incorporated, a Pennsylvania Corporation, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1974 June 20, 1974. Eminent domain — Highway medial barrier — Taking — Route to property — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Property right — Traffic — […]

985 A.2d 309 Moore v. Commonwealth of Pennsylvania, Dept. of Trans. No. 2093CD08.Commonwealth Court of Pennsylvania. December 18, 2009. Appeal from Philadelphia County 1312 June Term 2006. Decisions Without Published Opinions Affirmed.