Category: Pennsylvania Superior Court Opinions

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.

680 A.2d 916 MANSFIELD HOSPITALITY LIMITED PARTNERSHIP v. BOARD OF ASSESSMENT APPEALS OF TIOGA COUNTY. Appeal of TIOGA COUNTY, BOARD OF COMMISSIONERS, William Hall, Walter Barnes and O. Richard Bartlett, Appellants. Commonwealth Court of Pennsylvania.Submitted June 10, 1996. Decided July 19, 1996. Appeal from the Common Pleas Court, Tioga County, No. 563 Civil Division, 1994, […]

Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles v. Moore. No. 841CD06.Commonwealth Court of Pennsylvania. February 2, 2007. Appeal from the Allegheny County SA 1279 of 2005. Decisions Without Published Opinions. Reversed.

448 A.2d 712 Elizabeth Stevenson, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 9, 1982. Submitted on briefs June 10, 1982, to President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL sitting as a panel of three. Appeal, No. 2288 C.D. 1980, from the Order of the […]

437 A.2d 494 Commonwealth of Pennsylvania, Pennsylvania National Guard, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and David H. Greenwood, Respondents. Commonwealth Court of Pennsylvania.Argued September 14, 1981 November 25, 1981. Workmen’s compensation — Administrative agency — Jurisdiction — Pennsylvania National Guard — Employee — The Pennsylvania Workmen’s Compensation Act, Act of June […]

862 A.2d 183 COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. FARRIES. No. 323CD04.Commonwealth Court of Pennsylvania. October 18, 2004. Appeal from the Philadelphia County 3651 April Term 2003. Decision Without Published Opinion. Affirmed.

379 A.2d 1366 John S. Biernacki and Alice E. Biernacki, his wife v. Redevelopment Authority of The City of Wilkes-Barre, Appellant. Commonwealth Court of Pennsylvania.Argued October 5, 1977 December 1, 1977. Eminent domain — Petition to reconvey condemned property — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Applicability of Pennsylvania Rules of […]

643 A.2d 1120 Roger KLEIN, Helen Klein, Stuart C. Gaul, Joan B. Gaul, J. Murray Egan, Gayle C. Kirkwood, John M. Kirkwood, Richard F. Andracki, David W. Greve, Neil F. Jones, Susan Stauffer, Charles A. Scudder and Judith A. Stewart, Appellants, v. SHADYSIDE HEALTH, EDUCATION AND RESEARCH CORPORATION and the City of Pittsburgh. Commonwealth Court […]

538 A.2d 105 Joseph Thorn, individually and as Mayor of Morton Borough et al., Appellants v. Leon Newman and Donna Newman, Appellees. Commonwealth Court of Pennsylvania.Argued December 15, 1987. February 24, 1989. Summary judgment — Pennsylvania Rule of Appellate Procedure 311(a)(1) — Appeal — Timeliness — Jurisdiction. 1. An order vacating a grant of summary […]

697 A.2d 1053 CHRISTINE MORREALE, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 14, 1997. Decided July 10, 1997. Appeal from the Unemployment Compensation Board of Review, No. B-354145. Page 1054 Kimberly D. Borland, Wilkes-Barre, for petitioner. Judith M. Gilroy, Assistant Counsel, and Clifford F. Blaze, Deputy Chief […]

800 A.2d 379 Centennial Station Condominium Association, Appellant v. Schaefer Company Builders, Inc. Centennial Station Condominium Association v. Schaefer Company Builders, Inc., Appellant. No. 1795 C.D. 2001, 2601 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: March 12, 2002. Filed: June 11, 2002. Page 380 Appeal from the Court of Common Pleas, Bucks County, No 97-8107-05-01, Rufe, J. […]

630 A.2d 485 AL’S RADIATOR SERVICE, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (JORDEN’S RADIATOR SERVICE and Estate of Charles L. Tucker), Respondents. Commonwealth Court of Pennsylvania.Argued June 14, 1993. Decided August 2, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A-97124. Page 433 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

586 A.2d 1047 Hazel MOORE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (INTERNATIONAL SERVICE SYSTEM), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 19, 1990. Decided February 13, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-97397. Page 583 Larry Pitt, Larry Pitt and Associates, Philadelphia, for petitioner. Stephen J. Harlen, Swartz, Campbell Detweiler, Philadelphia, […]

Seely v. Ridgway Area School District. No. 1645CD10.Commonwealth Court of Pennsylvania. July 18, 2011. Appeal from the Elk County 94 of 2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

703 A.2d 564 ROXBOROUGH MANAYUNK FEDERAL SAVINGS AND LOAN ASSOCIATION, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1997. Decided November 21. 1997. Appeal from No. 91-3237, Board of finance and Revenue. E. Morgan Maxwell, III, Philadelphia, for petitioner. Bart J. DeLuca, Jr., Senior DEPUTY Attorney General, Harrisburg, for respondent. Before […]

771 A.2d 115 EDWIN WALKER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 1005 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: November 17, 2000. Filed: April 18, 2001. Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Jess S. Jiuliante, Senior Judge. OPINION JUDGE FLAHERTY This matter is on pro se Petition for Review […]

466 A.2d 1123 Edward P. Zemprelli et al., Petitioners v. Dick Thornburgh, Governor, et al., Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1983 October 25, 1983. Quo warranto — Moot questions — Timeliness of nomination — Constitution of Pennsylvania, Article IV, Section 8(b). 1. The resignation of a state official who thereafter no longer holds […]

289 A.2d 503 Franklin Borough’s Incorporation Cases. Commonwealth Court of Pennsylvania.Argued March 8, 1972 March 29, 1972. Municipalities — Incorporation of municipalities — The Borough Code, Act 1966, February 1, P. L. ___ (1967) 1656 — General Appeals Law. Act 1722, May 22, 1 Sm. L. 131 — Pennsylvania Municipalities Planning Code, Act 1968 July […]

322 A.2d 407 City of Erie, Appellant, v. Northwestern Pennsylvania Food Council, Appellee. Commonwealth Court of Pennsylvania.Argued May 8, 1974 July 22, 1974. Statutes — Preemption — Conflict of laws — Supplemental legislation — Home Rule Charter and Optional Plans Law, Act of 1972, April 13, P. L. ___, No. 62 — Ordinances — Uniformity […]

425 A.2d 470 Sidney S. Lerner, M.D., Administrator, Estate of Samuel Lerner, Deceased, Appellant v. Philadelphia Psychiatric Center, Appellee. Sidney S. Lerner, M.D., Administrator, Estate of Samuel Lerner, Deceased, Appellant v. Philadelphia Psychiatric Center, Appellee. Commonwealth Court of Pennsylvania.Argued October 9, 1980 February 2, 1981. Workmen’s compensation — Res judicata. 1. The doctrine of res […]

380 A.2d 941 Aluminum Company of America, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Evelyn J. Lindsay, Widow of James W. Lindsay, Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1977 December 15, 1977. Workmen’s compensation — Death — Course of employment — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. […]

720 A.2d 154 In Re CONDEMNATION BY the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE Route 0060, Section 001, Limited Access Highways in the Township of Findlay and Moon. Commonwealth Court of Pennsylvania.Argued June 10, 1998. Decided August 5, 1998. Page 155 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

392 A.2d 899 In Re: Bentleyville Plaza, Inc., 611 Sinclair Avenue, McKeesport, Pa. 15131, Concerning Certain Premises in Somerset Township, Washington County, Penna., Known as A. A. Book Store. Commonwealth v. Bentleyville Plaza, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1978 October 23, 1978. Administrative procedure — Department of Labor and Industry — Safety […]

Above Beyond, Inc. v. The Zoning Hearing Board of Upper Macungie Township. Nos. 2383CD09, 2384CD09.Commonwealth Court of Pennsylvania. November 3, 2010. Appeal from the Lehigh County 2009-C-2233 2009-C3088. Decisions Without Published Opinions Reversed.

587 A.2d 40 HUMAN SERVICES CONSULTANTS, INC., Appellant, v. The ZONING HEARING BOARD OF BUTLER TOWNSHIP, Appellee. Commonwealth Court of Pennsylvania.Argued October 30, 1990. Decided February 13, 1991. Appeal from the Luzerne County Common Pleas Court, No. 4909-C-1989, Patrick J. Toole, Jr., J. Page 595 Edmond A. Tiryak, Philadelphia, with him, Kimberly D. Borland, Wilkes-Barre, […]

Karash v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 304CD11.Commonwealth Court of Pennsylvania. June 22, 2011. Appeal from the Erie County 13948-2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

367 A.2d 374 Lutz Appellate Printers, Inc., Plaintiff v. Commonwealth of Pennsylvania, Department of Property Supplies, Ronald G. Lench, Secretary, Department of Property Supplies, Milton J. Shapp, Governor, Commonwealth of Pennsylvania, Robert P. Casey, Auditor General, Commonwealth of Pennsylvania and Grace M. Sloan, State Treasurer, Commonwealth of Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued February 4, […]

412 A.2d 206 John C. Chew, Petitioner v. State Correctional Institution at Dallas, Bureau of Correction, Respondent. John C. Chew, Petitioner v. Commonwealth of Pennsylvania, Department of Justice Corrections, Respondent. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Intervenor. Commonwealth Court of Pennsylvania.Argued February 8, 1980 March 13, 1980. Civil service — Unemployment compensation — […]

380 A.2d 515 Joseph Staley, Plaintiff v. Commonwealth of Pennsylvania, Ernest Patton, Warden of the State Correctional Institution, Camp Hill, Pennsylvania and William B. Robinson, Director of Corrections, Department of Justice, Camp Hill, Pennsylvania, Defendants. Commonwealth Court of Pennsylvania.Argued June 10, 1977 December 14, 1977. Sovereign immunity — Jurisdiction of the Commonwealth Court of Pennsylvania […]

312 A.2d 823 Gladys deH. Shinn, William Shinn, Ann O’Brien, John B. O’Brien and Frank Titlow, Appellants v. Lower Merion Township Zoning Hearing Board, Appellee, and Atlantic Richfield Company and Margaret Laughead, Intervening Appellees. Commonwealth Court of Pennsylvania.Argued October 1, 1973 November 21, 1973. Zoning — Nonconforming use — Variance — Relocation of nonconforming use […]

690 A.2d 821 CARROLL CONTRACTORS, INC., KEITH HEILMAN BRUCE BACHMAN, Petitioners v. DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF WORKERS’ COMPENSATION, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1997. Decided March 5, 1997. Page 822 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

635 A.2d 723 Ron MOSKOVITZ, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted November 12, 1993. Decided December 23, 1993. Appeal from the Unemployment Compensation Board of Review, No. B-311876. Page 619 Ron Moskovitz, petitioner, pro se. Clifford F. Blaze, Deputy Chief Counsel, for respondent. Before PALLADINO and FRIEDMAN, JJ., and […]

949 A.2d 381 PREMIER COMP SOLUTIONS, LLC, Petitioner, v. DEPARTMENT OF GENERAL SERVICES, and Department of Labor and Industry, Respondents. No. 570 M.D. 2007.Commonwealth Court of Pennsylvania.Argued: March 11, 2008. Decided: May 28, 2008. Page 382 Andrew K. Touchstone, Philadelphia, for petitioner. Michael C. Barrett, Sr. Counsel, Harrisburg, for respondent, Department of General Services. BEFORE: […]

849 A.2d 284 Louis E. Gombocz, Jr. v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 2779 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 8, 2004. Filed: May 11, 2004. Page 285 Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant. David H. Knight, Doylestown, for appellee. BEFORE: […]

523 A.2d 1205 Betty S. Gillespie, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 10, 1987. Unemployment compensation — Wilful misconduct — Absenteeism — Failure to report — Illness — Illness of family member. 1. Absenteeism by itself does not constitute wilful misconduct precluding receipt of unemployment […]

443 A.2d 1373 Gary and Doris Burleson, Petitioners v. Pennsylvania Public Utility Commission, Respondent. West Penn Power Company, Intervenor. Commonwealth Court of Pennsylvania.Argued: February 3, 1982 April 26, 1982. Utilities — Overcharge — Burden of proof — Scope of appellate review. 1. In a case involving a disputed overcharge by a utility, the scope of […]

439 A.2d 228 The General State Authority, Plaintiff v. Lawrie and Green and John McShain, Inc., a Delaware Corporation, Defendants. Robert J. Sigel, Inc. et al., Additional Defendants. Commonwealth Court of Pennsylvania.Argued September 14, 1981 January 12, 1982. Statute of limitations — Damages. 1. Claims of the General State Authority for damages for allegedly defective […]

457 A.2d 207 Peter Diachenko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 18, 1983. Unemployment compensation — Wilful misconduct — Falsification of report. 1. An employe discharged for falsifying a report to his employer within the scope of his duties is properly found to have been […]

425 A.2d 466 The Borough of Brookhaven, Appellant v. Century 21, Neil M. Montella, Inc. and Neil M. Montella in his Capacity as President of the Brookhaven Professional and Business Association, Appellees. Commonwealth Court of Pennsylvania.Argued October 6, 1980 January 23, 1981. Taxation — Strict construction — The Local Tax Enabling Act, Act of Dccember […]

549 A.2d 614 Paul Sheers and Franklin L. Shollenberger, Majority Commissioners of Schuylkill County, and Harry A. Rubright, Chief Public Defender of Schuylkill County v. Richard F. Higgins and J. Donald Kerns, Members of the Schuylkill County Salary Board, and J. Donald Kerns, Controller of Schuylkill County. Richard F. Higgins, Appellant. Paul Sheers and Franklin […]

529 A.2d 76 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Andy Karff, Appellee. Commonwealth Court of Pennsylvania. July 30, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Timeliness of appeal — Judicial Code, 42 Pa. C. S. §§ 5571 and 5572 — Date of mailing. 1. An […]

305 A.2d 407 Commonwealth v. Fiedler. Commonwealth Court of Pennsylvania. May 25, 1973. Motor vehicle — Suspension of junior operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Assessment of points. 1. Provisions of The Vehicle Code, Act 1959, April 29, P. L. 58, empower the Secretary of Transportation to […]

478 A.2d 956 Joseph Yarbrough, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. July 25, 1984. Public assistance — Medical assistance benefits — Scope of appellate review — Notice — Due process. 1. In a case involving the denial of medical assistance benefits, the scope of review of the […]

407 A.2d 67 School District of Pittsburgh, Appellant v. Local Union 297, Pittsburgh Area School Employees, A.F.S.C.M.E., AFL-CIO, Appellee. Commonwealth Court of Pennsylvania.Argued May 9, 1979 September 25, 1979. Labor — Arbitration — Scope of appellate review — Relation to collective bargaining agreement — Act of 1927, April 25, P.L. 381 — Past practice — […]

423 A.2d 1147 Steve J. Mencher, Jr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jones Laughlin Steel Corporation, Respondents. Commonwealth Court of Pennsylvania.Argued December 12, 1980 January 14, 1981. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Attorney’s fee — Reasonable basis for contest […]

421 A.2d 515 Maggie B. Clowney, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 October 28, 1980. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P.L. (1973) 2987 — Improper signature — Perfection of appeal — Jurisdiction — Remand — 34 Pa. Code […]

982 A.2d 1038 Robert M. SITOSKI v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. No. 431 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs August 21, 2009. Decided: October 29, 2009. Appeal from the Court of Common Pleas, Philadelphia County, No. 4044 February Term 2008, Tereshko, J. Terrance M. Edwards, Asst. Counsel […]

K.D. v. Mid-West School District. No. 1252CD08.Commonwealth Court of Pennsylvania. January 30, 2009. Snyder County CV-0593 of 2007. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed. Page 506

324 A.2d 832 DePaul Realty Company, Appellant, v. Borough of Quakertown, Appellee. Commonwealth Court of Pennsylvania.Argued June 4, 1974 August 14, 1974. Zoning — Remand — Interlocutory order — Appealable order — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 — Additional hearing — Additional evidence — Record — Subdivision plan — […]

415 A.2d 1250 In Re: Change of Boundaries and/or Election Districts of the Five (5) Wards in the Township of Upper Chichester. Edward W. Seltzer, Appellant. Commonwealth Court of Pennsylvania.Argued April 11, 1980 June 10, 1980. Municipalities — Equity — Laches — Pennsylvania Rule of Civil Procedure 2327(4) — Pa. R.C.P. 2329. 1. The equitable […]

451 A.2d 12 Nancy L. Fredericks, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. October 8, 1982. Public assistance — Food stamp eligibility — Income — Regulations — Court-ordered support payments — Deductions — Legislative intent — Due process — Equal protection — Standard deduction. 1. Money earned by […]

560 A.2d 856 ERIE INSURANCE COMPANY, Petitioner, v. Constance B. FOSTER, in her official capacity as Commissioner of the Pennsylvania Insurance Department, Respondent. Commonwealth Court of Pennsylvania.Argued May 2, 1989. Decided June 15, 1989. Page 601 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

531 A.2d 813 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Robert W. Seybold, Jr., Appellee. Commonwealth Court of Pennsylvania. October 2, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Scope of review by trial court — Collateral attack — Payment of fine. 1. The trial court’s review […]

954 A.2d 50 Edward M. MAZUR, Jeffrey D. Bull and Citizens Against Tax Increment Financing, Appellants v. WASHINGTON COUNTY REDEVELOPMENT AUTHORITY and South Strabane Township. No. 1866 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: May 6, 2008. Filed: July 11, 2008. Reargument and or Reconsideration Denied: September 4, 2008. Appeal from the Court of Common Pleas, Washington […]

621 A.2d 1111 Darlene Waldor WISNIEWSKI, (Costa), Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CITY OF PITTSBURGH), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 20, 1991. Decided February 9, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A-96411, Rehearing No. 4891. Page 404 Edward J. Abes, for petitioner. Jay Costa, Jr., for respondent. Before […]

Luke OAKMAN, Petitioner v. DEPARTMENT OF CORRECTIONS, Marilyn S. Brooks, Superintendent, Gill, Records Room Supervisor of the State Correctional Institute at Albion, Pennsylvania, and Robert J. Durison, Director of CMR/PPS, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs June 23, 2006. Decided July 19, 2006. Luke Oakman, petitioner, pro se. Timothy A. Holmes, Asst. Counsel and […]

728 A.2d 1006 JAMES KEVAN, Appellant v. GREG MANESIOTIS, JR.; AUGUST LEON, a/k/a AUGIE LEON; GREG MANESIOTIS, SR.; and NORTH ALLEGHENY SCHOOL DISTRICT. Commonwealth Court of Pennsylvania.Argued: February 9, 1999. Filed April 14, 1999. Appeal from the Court of Common Pleas, County of Allegheny, No. 96-0072364, Lutty, J. Susan A. Meredith, Pittsburgh, for appellant. Stephen […]

449 A.2d 849 Township of Paradise v. Mt. Airy Lodge, Inc. et al. Mt. Airy Lodge, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued June 8, 1982 September 1, 1982. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Exclusionary zoning — Fair share doctrine — Shale quarrying — Detriment to […]

388 A.2d 1141 Commonwealth of Pennsylvania ex rel. Pennsylvania Securities Commission, Appellant v. Allamanda Investment Company et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 5, 1978 July 27, 1978. Corporations — Pennsylvania Securities Act of 1972, Act 1972, December 5, P.L. 1280 — Receiver — Expenses of receiver — Pennsylvania Securities Commission. 1. The Pennsylvania […]

580 A.2d 1191 Brenda Lee CROSBY, Administratrix of the Estate of Richard Keith Crosby, Brenda Lee Crosby, in Her Own Right, and Cherie Nelson, a Minor, by Brenda Lee Crosby, Natural Mother and Guardian, appellants. v. George KOTCH and Anna Kotch, His Wife, t/d/b/a GEORGEANN’S and LUZERNE COUNTY HOUSING AUTHORITY, Appellees. Commonwealth Court of Pennsylvania.Argued […]

831 A.2d 756 Noah’s Ark Christian Child Care Center, Inc. and Strassburger McKenna Gutnick Potter, Trustee v. Zoning Hearing Board of West Mifflin v. Borough of West Mifflin and Second Baptist Church of Homestead, Appeal of: Borough of West Mifflin Noah’s Ark Christian Child Care Center, Inc. and Strassburger McKenna Gutnick Potter, Trustee v. Zoning […]

Wolfgang v. City of Pittsburgh, Dept. of Personnel and Civil Service Commission. No. 1554CD06.Commonwealth Court of Pennsylvania. February 20, 2007. Appeal from the Allegheny County SA 92-986. Decisions Without Published Opinions. Affirmed.

492 A.2d 130 In Re: Appeal of the M. W. Kellogg Company (A Wholly Owned Subsidiary of Wheelabrator-Frye, Inc.) as Successor to Pullman-Standard Car Manufacturing Company and Pullman Incorporated From the Action of the Board for the Assessment and Revision of Taxes on Property Situate in Butler Township Ward II and the City of Butler […]

957 A.2d 372 Karen HANSEN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (STOUT ROAD ASSOCIATES), Respondent. No. 524 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: August 1, 2008. Decided: September 26, 2008. Appeal from the Workers’ Compensation Appeal Board, No. A07-0813. Page 373 Daniel J. Siegel, Havertown, for petitioner. Audrey J. Copeland, King of Prussia, for […]

332 A.2d 888 Lebanon County Board of Assistance, Department of Public Welfare, Commonwealth of Pennsylvania, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued January 10, 1975 February 21, 1975. Unemployment compensation — Just cause for dismissal — Civil Service Act, Act 1941, August 5, P. L. 752 — […]

UPPER DARBY TOWNSHIP, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (NICASTRO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 8, 2010. Decided March 17, 2011. Reargument Denied May 16, 2011. Publication Ordered June 21, 2011. Cecilia M. Muneses, Media, for petitioner. Arthur G. Girton, Chester, for respondent Mark Nicastro. BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, […]

762 A.2d 419 THE BUDD COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CURRAN), Respondent. No. 969 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 29, 2000. Filed: November 14, 2000. Deborah A. Rocco, Philadelphia, for petitioner. No appearance entered for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Charles P. Mirarchi, Jr., […]

572 A.2d 831 Valerie SUSKO v. PENNSYLVANIA STATE POLICE, a Governmental Agency; Commonwealth of Pennsylvania, Department of Transportation, a Governmental Agency; and Thomas F. Hershberger, an individual, and Kenneth M. Adams. Appeal of Kenneth M. ADAMS. Kenneth M. ADAMS, Appellant, v. PENNSYLVANIA STATE POLICE, a Governmental Agency; Commonwealth of Pennsylvania, Department of Transportation, a Governmental […]

734 A.2d 481 DePAUL CONCRETE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (WHITE), Respondent. No. 46 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: May 19, 1999. Filed: July 19, 1999. Page 482 Jonathan F. Ball, Philadelphia, for petitioner. Andrew S. Blan, Feasterville, for respondent. Before: COLINS, President Judge, and DOYLE, J., SMITH, J., PELLEGRINI, J., FRIEDMAN, J., FLAHERTY, […]

Luisi v. Comm. of PA, Dept. of Trans., Bureau of Driver Lie. No. 875CD10.Commonwealth Court of Pennsylvania. March 4, 2011. Appeal from the Cumberland County 2010-351 Civil. Commonwealth Court of Pennsylvania Decisions Without Published opinions Affirmed.

521 A.2d 146 Paul W. Sheetz, Petitioner v. Workmen’s Compensation Appeal Board (Firestone Tire Rubber Company), Respondents. Commonwealth Court of Pennsylvania.Argued September 9, 1986 March 9, 1987. Workmen’s compensation — Scope of appellate review — Suspended liability — Termination — Burden of proof — Medical testimony — Compensable injury. 1. In a workmen’s compensation case, […]

416 A.2d 651 Duquesne Light Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Edward Kraft, Respondents. Commonwealth Court of Pennsylvania.Argued May 5, 1980 July 17, 1980. Workmen’s Compensation — Notice of occupational disease — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Should have known — Remand — […]

462 A.2d 338 Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards, Petitioner v. P. Mastrippolito and Sons, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued December 13, 1982 July 8, 1983. Declaratory judgment — Counterclaim — Sovereign immunity. 1. When, in response to a petition for declaratory judgment filed by the Commonwealth of […]

611 A.2d 1359 Cheryl WALIZER, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued March 5, 1992. Decided June 15, 1992. Petition for Allowance of Appeal Denied January 13, 1993. Appeal from the Secretary of the Department of Public Welfare, No. 46-0203486-001. Page 518 Ellis M. Saull, for petitioner. Kathleen Harrington, Asst. Counsel, […]

426 A.2d 184 Westinghouse Electric Corporation, Appellant v. Genevie Santelli, Appellee. Commonwealth Court of Pennsylvania.Argued November 17, 1980 February 19, 1981. Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566 — Pulmonary infarction — Disease common to general public. 1. An employe may properly be found to have established […]

416 A.2d 594 Gary L. Kistler, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1980 July 1, 1980. Unemployment compensation — Voluntary termination — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Cause of a necessitous and compelling nature — Burden of proof […]

747 A.2d 441 TERRY D. BASHIOUM and MICHAEL J. BASHIOUM, her husband, Appellants v. COUNTY OF WESTMORELAND. No. 1122 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: November 1, 1999. Filed: March 6, 2000. Appeal from the Court of Common Pleas, Westmoreland County, Caruso, J. Timothy G. Wojton, for appellants. John B. Cromer, for appellee. Before: Honorable Dan […]

382 A.2d 496 In Re: Appeal of Emersons of Plymouth Meeting, t/a Emersons Ltd. From Order of Pennsylvania Liquor Control Board. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1977 February 9, 1978. Liquor — Suspension of liquor license — Liquor Code, Act 1951, April 12, P.L. 90 — […]

JANEWAY TRUCK AND TRAILER RECOVERY, d/b/a Janeway Towing, Petitioner v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent. No. 1001 C.D. 2010.Commonwealth Court of Pennsylvania.Submitted on Briefs November 5, 2010. Decided March 4, 2011. Michael D. Reed, Harrisburg, for petitioner. Joe H. Tucker, Jr., Philadelphia, for respondent. Page 552 BEFORE: LEADBETTER, President Judge, COHN JUBELIRER, Judge, and BROBSON, Judge. […]

674 A.2d 773 Tom CACCHIONE, Jr., and the City of Erie, Appellants, v. Robert WIECZOREK and Esther Wieczorek, his wife. Commonwealth Court of Pennsylvania.Submitted on Briefs November 14, 1995. Decided April 11, 1996. Appeal from the Common Pleas Court of Erie County, No. 13716-1994, Levin, J. Page 774 James W. Harvey, for Appellants. Michael E. […]

329 A.2d 300 Redevelopment Authority of the County of Bucks, Appellant, v. Augustine G. Asta, Nardine Asta, John V. Asta and Benjamin D. Asta, Appellees. Commonwealth Court of Pennsylvania.Argued October 11, 1974 December 5, 1974. Trial — Motion for new trial — Scope of appellate review — Capriciousness — Abuse of discretion — Evidence — […]

453 A.2d 43 Margolis Wines Spirits, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania. December 9, 1982. Liquor licensing — De novo — Scope of appellate review. 1. Where a party appeals a sanction imposed by the Liquor Control Board to a court of common pleas, that court […]

798 A.2d 866 Budd Company, Petitioner v. Workers’ Compensation Appeal Board (Settembrini), Respondent. No. 10 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: May 11, 2001. Filed: May 24, 2002. R.D. Harburg, Philadelphia, for petitioner. Joseph J. Schafle, Jr., Philadelphia, for respondent. Before: Honorable Bernard L. McGinley, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Jess S. Jiuliante, Senior […]

538 A.2d 135 Faith Presbyterian Church, an unincorporated association, by James P. O’Brien and Derek D. Williams, Trustees and Donald Smith, Owner, Appellants v. Bensalem Township Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1987. February 26, 1988. Zoning — Nonconforming use — Abandonment of nonconforming use — Scope of appellate review — […]

465 A.2d 1077 In Re: Appeal of Atlantic Richfield Company From Decision of the Newtown Township Zoning Hearing Board. Atlantic Richfield Company, Appellant. Commonwealth Court of Pennsylvania.Argued December 16, 1982 September 26, 1983. Zoning — Change in nonconforming use — Additional nonconforming use — Gasoline service station — Convenience store. 1. Nonconforming uses must be […]

431 A.2d 1123 Philadelphia Facilities Management Corporation et al., Plaintiffs v. The Honorable Edward G. Biester et al., Defendants. Tenant Action Group, Intervenor. Commonwealth Court of Pennsylvania.Argued December 9, 1980 July 8, 1981. Utility Service Tenants Rights Act, Act of November 26, 1978, P.L. 1255 — Standing — Legal entity — Constitutionality — Statutes — […]

367 A.2d 414 John Mager v. H. H. Robertson Company and Workmen’s Compensation Appeal Board. John Mager, Appellant. Commonwealth Court of Pennsylvania.Argued October 28, 1976 December 13, 1976. Workmen’s compensation — Petition to set aside final receipt — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Time for filing — Belated […]

471 A.2d 563 George R. Coder, D.C., et al., Petitioners v. Commonwealth of Pennsylvania, State Board of Chiropractic Examiners, et al, Respondents. Commonwealth Court of Pennsylvania.Argued November 17, 1983 January 18, 1984. State Board of Chiropractic Examiners — Licensing — Approved institutions — Chiropractic Registration Act of 1951, Act of August 10, 1951, P.L. 1182 […]

333 A.2d 478 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee, v. Donald W. Thompson, Appellant. Commonwealth Court of Pennsylvania.Argued February 6, 1975 March 4, 1975. Motor vehicles — Revocation of motor vehicle operator’s license — Delay — The Vehicle Code, Act 1959, April 29, P.L. 58 — Stay of revocation order […]