Category: Pennsylvania Superior Court Opinions

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 […]

539 A.2d 928 In Re: Appeal from Suspension of Driving Privileges of David John Lewis. David John Lewis, Appellant. Commonwealth Court of Pennsylvania. March 31, 1988. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Warning — Vehicle Code, 75 Pa. C. S. § 1547 — Frivolous appeal — […]

359 A.2d 182 Leon Ephross and Selma Ephross, his wife, Appellants, v. Solebury Township Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued April 9, 1976 June 10, 1976. Zoning — Scope of appellate review — Error of law — Abuse of discretion — Variance — Burden of proof — Unnecessary hardship — Public welfare — […]

707 A.2d 1199 ELIZABETH SOPHIA SHAAK a/k/a BETTY SHAAK, Petitioner v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1997. Decided March 2, 1998. Reargument Denied April 30, 1998. Appeal from the Department of Public Welfare, No. 380048824-001. John J. Ferry, Lebanon, for petitioner. Cynthia A. Fillman, Harrisburg, for respondent. Before […]

702 A.2d 20 DONALD LIVINGSTON, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 12, 1997. Decided October 21, 1997. Appeal from Unemployment Page 21 Compensation Board of Review, No. B-360804. Bradley M. Bassi, Charlerio, for petitioner. Randall S. Brandes, Assistant Counsel, Clifford F. Blaze, Deputy Chief Counsel, Harrisburg, […]

331 A.2d 230 Commercial Laundry, Inc. and Home Insurance Co., Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Elvira M. Butler, Appellees. Commonwealth Court of Pennsylvania.Argued December 5, 1974 January 29, 1975. Workmen’s compensation — Referee — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Credibility — Error of law […]

786 A.2d 331 Linda Mullin, Appellant v. Commonwealth of Pennsylvania, Department of Transporportation, Bureau of Driver Licensing. No. 433 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: August 24, 2001. Filed: November 7, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Jess S. Jiuliante, Senior Judge. Page 332 OPINION JUDGE SMITH Linda Mullin […]

501 A.2d 697 In the Matter of the Appointment of Thomas P. Antolik. County of Erie, Judith M. Lynch, Richard J. Adams and James J. Goodrich, Appellants. Commonwealth Court of Pennsylvania.Argued October 9, 1985 November 29, 1985. Counties — Nepotism — Judicial power — Court-appointed personnel — Home rule. 1. A county may not enforce […]

394 A.2d 1058 Kenneth Baughman v. Meadville Malleable Iron and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued May 5, 1978 November 30, 1978. Workmen’s compensation — Occupational disease — Silicosis — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Different employers — Corporate merger — Business Corporation […]

285 A.2d 896 Department of Transportation v. Lovelace. Commonwealth Court of Pennsylvania.Argued November 10, 1971 January 5, 1972. Motor vehicles — Suspension of operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Speeding — Abuse of discretion — Economic hardship. 1. A speed violation alone may result in a suspension […]

386 A.2d 1087 Veronica D. Frederick, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1978 June 6, 1978. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Health reasons. 1. […]

304 A.2d 175 Marcone v. Kassab. Commonwealth Court of Pennsylvania.Argued April 10, 1973 April 30, 1973. Motor vehicles — Suspension of motor vehicle operator’s license — Appeal — Scope of appellate review — Reduction of suspension. 1. A court reviewing by de novo hearing an order of the Secretary of Transportation suspending a motor vehicle […]

654 A.2d 11 William N. LEIBER, an individual, Petitioner v. COUNTY OF ALLEGHENY; Frank J. Lucchino, County Controller; Carol B. Coyne, Clerk of Courts; Bernard Regan, Manager of Constable Services; and District Justice Alberta Thompson, Respondents. Commonwealth Court of Pennsylvania.Argued: February 28, 1994. Decided: December 22, 1994. Appeal from the county, county comptroller, county clerk […]

431 A.2d 1109 Rochester Machine Corporation, Petitioner v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, Respondent. Don Emerick, Intervenor. Commonwealth Court of Pennsylvania.Argued April 8, 1981 July 6, 1981. Unemployment compensation — Willful misconduct — Warning — Remand. 1. In an unemployment compensation case, an advance warning is not a pre-condition or prerequisite to […]

823 A.2d 1086 In the matter of: Condemnation by Urban Redevelopment Authority of Pittsburgh of certain land in the 22nd Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area 51 (Federal North) being property of New Garden Realty Corporation; A Pennsylvania Corporation; Its Administrators, Executors, Successors, Assigns or any other persons found to […]

520 A.2d 131 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Joseph La Salle, Appellee. Commonwealth Court of Pennsylvania. January 22, 1987. Motor vehicles — Licensing — Suspension — Blood alcohol test — Burden of proof — Refusal — Incapacity. 1. In a motor vehicle license suspension case, when the Commonwealth […]

799 A.2d 911 Apollo-Ridge School District, Appellant v. Apollo-Ridge Education Association. No. 604 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: October 9, 2001. Filed: May 29, 2002. Appeal from the Court of Common Pleas, Armstrong County, No. 2000-0723-Civil, Valasek, J. Isobel L. Storch, Pittsburgh, for appellant. Page 912 William K. Eckel, Johnstown, for appellee. Before: Honorable James […]

638 A.2d 392 Lynn A. SMAHA, M.D., Ph.D., Director; William C. Luft, M.D., Director; Roy E. Wert, M.D., Director; and Sidney G. Ranck, M.D., Director, as Directors of and on behalf of Guthrie Healthcare System v. Robert J. LANDY, Richard W. Botnick, Ralph H. Meyer, and Guthrie Healthcare System, Appeal of Robert J. LANDY, Appellant. […]

COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. v. BJORKQUIST. No. 2738CD03.Commonwealth Court of Pennsylvania. August 2, 2004. Appeal from the Delaware County 02-13890. Decisions without published opinions. Vacated and Remanded.

851 A.2d 265Commonwealth Court of Pennsylvania. May 2004. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION ______________________ ________ __________ _____________ ____________ Bruner v. Plain Grove Township…………. 2308CD03 05/19/2004 Lawrence County Affirmed 10171 of 2000, C.A. 3740 Corp. v. Watson 1800CD03 05/24/2004 Crawford County Affirmed in 1998-8 1800CD03; Dismissed in No. 1801CD03 Asset Management v. Watson […]

537 A.2d 922 Bruce Barner et al., Appellants v. Board of Supervisors of South Middleton Township et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 16, 1987. February 16, 1988. Zoning — Appeals — Procedural requirements — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Transfer of appeals — Judicial Code, 42 […]

406 A.2d 1200 Alice A. Ostoich et al., Plaintiffs v. James B. Wilson, Secretary, Pennsylvania Department of Transportation, Defendant. Commonwealth Court of Pennsylvania.Argued March 21, 1979 October 18, 1979. Action — Equity — Injunction — Flood damage — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Sovereign immunity — Official immunity — Officer […]

534 A.2d 150 Mack King, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole and Thomas Fulcomer, Respondents. Commonwealth Court of Pennsylvania. December 2, 1987. Parole — Discretion — Act of June 6, 1941, P.L. 861. 1. Under the Act of June 6, 1941, P.L. 861, the Pennsylvania Board of Probation and Parole […]

804 A.2d 1285 Allegheny County Detectives Association, Appellant v. Allegheny County and The Allegheny County Retirement Board. No. 188 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: May 8, 2002. Filed: August 20, 2002. Page 1286 Appeal from the Court of Common Pleas, Allegheny County, No. GD 98-015778, Penkower, J. Craig H. Alexander, Murrysville, for appellant. Robert L. […]

281 A.2d 188 Jones v. Oxford School District. Keller v. Oxford School District. Mahan v. Oxford School District. Commonwealth Court of Pennsylvania.Argued June 2, 1971 September 10, 1971. Taxation — Injunction — Laches — Equity — The Local Tax Enabling Act, Act 1965, December 31, P. L. 1257 — Waiver of constitutional objections. 1. Complaints […]

422 A.2d 709 Willard W. Hansen, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1980 November 13, 1980. Unemployment compensation — Base year wages — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Emergency Unemployment Compensation Assistance Act of 1974, 26 U.S.C. § […]

317 A.2d 899 Dr. Peter B. Feddish, Appellant, v. Commonwealth of Pennsylvania, State Board of Chiropractic Examiners, Appellee. Commonwealth Court of Pennsylvania.Argued February 4, 1974 April 5, 1974. Practice and procedure — Briefs — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Waiver of right to file brief — Failure to make […]

438 A.2d 1058 Harry F. Stiffler, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1981 January 8, 1982. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Suitable work. 1. An unemployment compensation claimant who voluntarily terminates his […]

565 A.2d 1232 CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE, LODGE NO. 5, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1989. Decided November 2, 1989. Reargument Denied January 12, 1990. Appeal from the Court of Common Pleas, Philadelphia County, Samuel M. Lehrer, J. Page 393 Maria L. Petrillo, Chief Asst. City Sol., with […]

680 A.2d 40 STATE WORKMEN’S INSURANCE FUND and OEM/Erie, Inc., Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (HOOVER), Respondent. Commonwealth Court of Pennsylvania.Submitted May 10, 1996. Decided July 16, 1996. Appeal from Workmen’s Compensation Appeal Board, No. A94-2887. Page 41 Rhonda A. Rudman, for Petitioner. John W. Draskovic, for Respondent. Before COLINS, President Judge, FLAHERTY, J., […]

354 A.2d 272 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. John Kobaly, Appellant. Commonwealth Court of Pennsylvania.Argued February 5, 1976 March 19, 1976. Motor vehicles — Suspension of certificate of appointment to inspect motor vehicles — Burden of proof — Fair preponderance of evidence — The Vehicle Code, Act 1959, April […]

736 A.2d 67 DAVID L. LAMBIE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CURRY LUMBER COMPANY), Respondent. No. 3452 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: April 23, 1999. Filed: August 6, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-4107. Page 68 Peter D. Friday, for petitioner. Cynthia M. Porta, for respondent. Before: Honorable Bernard L. […]

643 A.2d 786 PLUMSTEAD TOWNSHIP, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1994. Decided June 3, 1994. Appeal from the Department of Transportation (DOT), No. 079-A.D. 1991. Page 515 Terry W. Clemons, for petitioner. David A. Lehr, Asst. Counsel, for respondent. Stephen B. Harris, for intervenor, Miller Son Paving, Inc. […]

631 A.2d 1062 MONROE COUNTY BOARD OF ASSESSMENT APPEALS, Appellant, v. Edwina Willetta KARLIN, Appellee. Edwina Willetta KARLIN, Appellant, v. MONROE COUNTY BOARD OF ASSESSMENT APPEALS, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1989. Decided September 10, 1993. Appeal from the Court of Common Pleas, Monroe County, No. 2653-988-Civil, Vican, J. Page 367 [EDITORS’ NOTE: […]

512 A.2d 1363 Orman C. House, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 6, 1986. Unemployment compensation — Army reservist’s pay — Remuneration — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. Money received from the federal government for service by an […]

315 A.2d 311 The City Planning Commission of the City of Greensburg, Pennsylvania, and the City of Greensburg, Appellants, and William R. Waugaman, Intervening Appellant, v. Threshold, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued November 7, 1973 February 5, 1974. Zoning — Conditional use — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 […]

NORTHBROOK LIFE INSURANCE COMPANY, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued December 14, 2005. Decided January 26, 2006. Page 1224 Robert L. Weldon and Walter S. Foulkrod, IV, Harrisburg, for petitioner. John J. Butchar, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: COLINS, President Judge, and McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, […]

448 A.2d 1195 Pennsylvania Cable Television Association et al., Petitioners v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Power and Light Company et al., Intervenors. Meadville Master Antenna, Inc. and Titusville Cable TV, Inc., Petitioners v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Cable Television Association et al., Intervenors. Commonwealth Court of Pennsylvania.Argued February 2, 1982 August […]

488 A.2d 659 Donald Sylvester Jones, in his behalf, Petitioner v. Curtis Carson, Records Officer, et al., Respondents. Commonwealth Court of Pennsylvania. March 5, 1985. Original jurisdiction — Mandamus — Commonwealth employee — Criminal History Record Information Act, Act of July 16, 1979, P.L. 116 1. The Commonwealth Court of Pennsylvania does not have original […]

659 A.2d 70 BOROUGH OF HONESDALE, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (MARTIN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 2, 1994. Decided May 17, 1995. Appeal from Workmen’s Compensation Appeal Board, No. A93-1530. Page 71 Matthew D. Dempsey, for petitioner. Michael J. Foley, for respondent. Before DOYLE and KELLEY, JJ., and NARICK, Senior […]

486 A.2d 1016 Christine Tiani et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued October 18, 1984 January 7, 1985. Public assistance — Scope of appellate review — Statute — Regulations — Aid to Families with Dependent Children — Stepparent. 1. The scope of review of the Commonwealth […]

844 A.2d 619 Robert E. McCormack, Petitioner v. State Employees’ Retirement Board, Respondent. No. 2998 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: September 8, 2003. Filed: March 10, 2004. Page 620 Elliot A. Strokoff, Harrisburg, for petitioner. Paul M. Stahlnecker, Harrisburg, for respondent. BEFORE: FRIEDMAN, Judge; COHN, Judge; MIRARCHI, JR., Senior Judge. OPINION BY SENIOR JUDGE MIRARCHI. […]

823 A.2d 277 Saint Luke’s Hospital, Petitioner v. Workers’ Compensation Appeal Board (Ingle), Respondent. No. 1471 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: November 22, 2002. Filed: May 13, 2003. Page 278 Christian A. Davis, Philadelphia, for petitioner. Thomas D. Aristide, Bethlehem, for respondent. BEFORE: PELLEGRINI, Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY Judge LEAVITT. St. […]

Dillard v. Villas Care Pavillion. No. 1101CD07.Commonwealth Court of Pennsylvania. February 29, 2008. Appeal from the Philadelphia County 1587 Oct. Term 2006. Decisions Without Published Opinions Affirmed. Page 189

648 A.2d 1261 SELINGSGROVE AREA SCHOOL DISTRICT, Appellant, v. SNYDER COUNTY, Snyder County Board of Assessment Appeals, and Hugh Brooks. Commonwealth Court of Pennsylvania.Submitted on Briefs April 11, 1994. Decided September 20, 1994. Appeal from the Court of Common Pleas, Snyder County, No. 345-1992, Woelfel, Jr., J. Page 534 Thomas C. Clark, for appellant. Edward […]

457 A.2d 1326 Edward P. Zemprelli et al., Petitioners v. Dick Thornburgh, Governor et al., Respondents. Commonwealth Court of Pennsylvania.Argued October 5, 1982 March 25, 1983. Preliminary objections — Demurrer — Constitution — Senator — Vote — Executive nominations — Standing — Quo warranto. 1. In ruling on a preliminary objection in the nature of […]

397 A.2d 878 Paul W. Aitkenhead et al. v. Borough of West View et al. West View Water Authority et al., Appellants. Commonwealth Court of Pennsylvania. February 21, 1979. Appeal — Moot questions — Preliminary injunction — Jurisdiction of lower court — Act of 1925, March 5, P.L. 23 — Preliminary objections. 1. When by […]

650 A.2d 1109 Delores M. STRIKER, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (CALIFORNIA UNIVERSITY OF PA), Respondent. Commonwealth Court of Pennsylvania.Submitted September 2, 1994. Decided November 4, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2949. Page 299 Eric P. Betzner, for petitioner. William C. King, Jr., for respondent. Before PELLEGRINI and FRIEDMAN, JJ., […]

279 A.2d 779 Frombach v. United States Steel Corp., and The Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued April 21, 1971 July 21, 1971. Workmen’s Compensation — Appellate review — Occupational disease — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P. L. 566 — Capricious disregard of evidence — Precise findings of the […]

666 A.2d 788 ERIE INSURANCE EXCHANGE, Petitioner, v. PENNSYLVANIA INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1995. Decided October 24, 1995. Appeal from Insurance Commissioner, No. PI-93-08-04. Page 789 Deborah A. Cavacini, for petitioner. Scott M. Schwartz, Department Counsel for respondent. Before COLINS, President Judge, and NEWMAN, J., and LORD, Senior Judge. COLINS, […]

581 A.2d 990 Connie PIERETTI, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (DENNY’S, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 27, 1990. Decided September 27, 1990. Reconsideration and Reargument Denied November 21, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-96111. Page 310 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

613 A.2d 96 In re Matter of Condemnation of Premises of D.R.E. Land Developing, Inc., Area of Land Between Railroad Avenue, Middle Street, Chestnut Street, Oak Street, Frackville, by Borough of Frackville. Appeal of D.R.E. LAND DEVELOPING, INC., Appellant. Commonwealth Court of Pennsylvania.Argued December 17, 1991. Decided July 20, 1992. Appeal from the Common Pleas […]

529 A.2d 1231 Eric Howard, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. August 21, 1987. Public assistance — Change of status — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Public Welfare Code, Act of June 13, 1967, P.L. […]

788 A.2d 1079 Commonwealth of Pennsylvania v. Stone and Company, Appellant. No. 414 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: October 10, 2001. Filed: November 28, 2001. Page 1080 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Senior Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION Page 1081 SENIOR JUDGE FLAHERTY Stone and Company (Appellant) appeals from […]

468 A.2d 860 Sharon Steel Corporation, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued October 4, 1983 November 21, 1983. Pennsylvania Public Utility Commission — Rates — Scope of appellate review — Public Utility Code, 66 Pa. C. S. §§ 315 and 1301 — Burden of proof — Existing rates — Allocation […]

Vance A. FRITZ, Jr., Appellant v. GLEN MILLS SCHOOL and Concord Pizza, Inc. Vance A. Fritz, Jr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth Court of Pennsylvania.Argued November 15, 2005. Decided February 16, 2006. Reargument Denied En Banc April 5, 2006. Appeal from the Court of Common Pleas, Delaware County, Nos. 02-07099, 04-5368, […]

686 A.2d 40 Wayne O. AULTMAN, Jr., Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. Commonwealth Court of Pennsylvania.Submitted June 28, 1996. Decided November 8, 1996. No appearance entered for petitioner. Robin M. Lewis, Assistant Counsel, for respondent. Before McGINLEY and FRIEDMAN, JJ., and KELTON, Senior Judge. KELTON, Senior Judge. Before us in our original jurisdiction are […]

465 A.2d 714 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. 4828 North Broad Corporation, Appellee. Commonwealth Court of Pennsylvania. September 19, 1983. Liquor — License renewal application — Scope of appellate review — False statement — Health permit — Liquor Code, Act of April 12, 1951, P.L. 90. 1. Review by the Commonwealth […]

726 A.2d 1108 PATRICK REARDON, Appellant, v. THE ZONING HEARING BOARD OF THE TOWN OF McCANDLESS and TOWN OF McCANDLESS. Commonwealth Court of Pennsylvania.Submitted on Briefs October 16, 1998. Decided March 9, 1999. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 97-963, McLean, J. Page 1109 Frank P. Salpietro, Pittsburgh, for appellants. […]

654 A.2d 102 Alla KHEYFETS, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs: October 28, 1994. Decided: January 9, 1995. Appeal from the Common Pleas Court, County of Philadelphia, No. 9312 March Term, 1993, Avellino, J. Reversed. Page 103 Kenneth C. Jones, for appellant. David […]

531 A.2d 121 Edward C. Griffith and June M. Griffith, Appellants v. The Zoning Hearing Board of Exeter Township and Kim and Kathy Brautigan, Appellees. Commonwealth Court of Pennsylvania.Argued April 24, 1987. September 17, 1987. Zoning — Variance — Burden of proof — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — […]

404 A.2d 782 Michael Whittington, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. August 13, 1979. Pennsylvania Board of Probation and Parole — Timeliness of preliminary revocation hearing — Right to counsel — Failure to challenge timeliness of preliminary hearing. 1. Alleged parole violators are entitled to […]

519 A.2d 532 Linda Bonanni, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Linda Bonanni, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. December 22, 1986. Unemployment compensation — Voluntary termination of employment — Necessitous and compelling cause — Medical problems — Reasonable accommodation. 1. […]

551 A.2d 669 Gail C. Frei, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 1, 1988. December 22, 1988. Unemployment compensation — Voluntarily leaving work without cause of a necessitous and compelling nature — Scope of review — Following spouse — Economic hardship — Insurmountable commuting problem […]

585 A.2d 616 William DeBERRY v. BOARD OF PENSIONS AND RETIREMENT MUNICIPAL PENSION FUND, City of Philadelphia. Appeal of the CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued December 3, 1990. Decided January 11, 1991. Appeal from the Court of Common Pleas, Philadelphia County, No. 6045 October Term, 1988, Nicholas M. D’Alessandro, J. Page 236 Andrew […]

680 A.2d 1227 COMMONWEALTH of Pennsylvania v. Kevin S. MINES, Appellant. Commonwealth Court of Pennsylvania.Submitted June 21, 1996. Decided August 1, 1996. Appeal from the Court of Common Pleas, Philadelphia County, No. 3099-3103, March Term, 1983, Temin, J. Page 1228 Kevin S. Mines, Pro Se, Appellant. Valerie Weiner Greenberg, Assistant District Attorney, for Appellee. Before […]

449 A.2d 876 Borough of West Homestead, Petitioner v. Mesta Machine Company et al., Respondents. Borough of West Homestead, Appellant v. Mesta Machine Company et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 3, 1982 September 8, 1982. Appeals — Time for appeal — Second Class County Assessment Law, Act of June 21, 1939, P.L. 626 […]

738 A.2d 37 HELEN M. BEITLER v. CITY OF PHILADELPHIA and MAZDA MOTORS OF AMERICA, INC. and DON ROSEN CADILLAC CO. and JUAN M. ROLDAN CITY OF PHILADELPHIA, Appellant HELEN M. BEITLER, Appellant v. CITY OF PHILADELPHIA and MAZDA MOTORS OF AMERICA INC. and DON ROSEN CADILLAC CO., d/b/a DON ROSEN MAZDA and JUAN M. […]

783 A.2d 871 LITTISSIA WILSON, Appellant v. THE NORRISTOWN AREA SCHOOL DISTRICT and MR. JOHN MEISSNER. No. 1986 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: March 7, 2000. Filed: September 7, 2001. Page 872 Before: Honorable Joseph T. Doyle, President Judge; Honorable James R. Kelley, Judge; Honorable Emil E. Narick, Senior Judge. OPINION PRESIDENT JUDGE DOYLE Littissia […]

375 A.2d 837 Commonwealth of Pennsylvania v. Errol P. Ebert, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1977 July 14, 1977. Suspension of motor vehicle operator’s license — Refusal of breath test — The Vehicle Code, Act 1959, April 29, P.L. 58 — Driving while intoxicated — Lawfulness of arrest — Formal charges — Consent […]

453 A.2d 40 Israel Oseroff, Appellant v. City of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued October 7, 1982 December 9, 1982. Taxation — Rental property — Rents — Services. 1. When a taxpayer deliberately acquires rental property, the taxpayer cannot escape liability for earned income and gross receipts taxes on the rents merely […]

529 A.2d 1204 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Douglas N. Snyder, Appellee. Commonwealth Court of Pennsylvania. August 19, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Driving while suspended — Vehicle Code, 75 Pa. C. S. § 1543 — Collateral attack on conviction — Delay […]

722 A.2d 253 JAMES LIPAROTA, Petitioner v. STATE WORKMEN’S INSURANCE FUND, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 28, 1998. Decided January 4, 1999. Appeal from Common Pleas Court, Philadelphia County, No. 513 June Term 1996, DiBona, J. Page 254 Thomas More Holland, for petitioner. Harry D. Madonna, for respondent. Before DOYLE, J., KELLEY, […]

Kovarik v. Strohl. Nos. 2162CD09, 2324CD09.Commonwealth Court of Pennsylvania. April 13, 2011. Appeal from the Lebanon County 2005-00911. Decisions Without Published Opinions Vacated.

373 A.2d 141 Lloyd E. Fox, Petitioner v. Workmen’s Compensation Appeal Board and Eazor Express, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued March 11, 1977 May 12, 1977. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Burden of proof — […]

470 A.2d 1128 Township of Doylestown, Appellant v. Elaine P. Zettick et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 4, 1983 February 2, 1984. Municipalities — Equity jurisdiction — Questions on appeal — The County Code, Act of August 9, 1955, P.L. 323 — Approval of plans for prison. 1. When preliminary objections are directed […]

377 A.2d 1294 Commonwealth of Pennsylvania and William A. Cherry, Jr., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jones Laughlin Steel Corp., Respondents. Commonwealth Court of Pennsylvania.Argued September 16, 1977 October 5, 1977. Workmen’s compensation — Matters outside the record — Motion for reconsideration — Appeal — Amendment of order — Substantive […]

James C. CLIFTON, Charles and Lorrie Cranor, husband and wife, and Roy Simmons and Mary Lisa Meier, husband and wife v. ALLEGHENY COUNTY. Kenneth Pierce and Stephanie Beechaum v. Allegheny County, Pennsylvania, Daniel Onorato, its Chief Executive, and Deborah Bunn, its Chief Assessment Officer. Appeal of: Kenneth Pierce and Stephanie Beechaum. No. 1779 C.D. 2010.Commonwealth […]

464 A.2d 617 Wyoming Sand and Stone, Petitioner v. Workmen’s Compensation Appeal Board (Neil Bartholme), Respondents. Commonwealth Court of Pennsylvania.Argued April 6, 1983 August 19, 1983. Workmen’s compensation — Power of Workmen’s Compensation Appeal Board — Findings of fact — Disfigurement. 1. When a referee’s findings in a workmen’s compensation case are supported by substantial […]

430 A.2d 403 Timber Place Associates, Appellant v. Plymouth Township Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1981 June 9, 1981. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Special exception — Public interest — Inadequate parking — Expansion of non-conforming use. 1. In a […]

735 A.2d 168 JOHN J. BYERS, JR., Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted: May 7, 1999. Filed: July 26, 1999. Appeal from No. 3034 C.D. 1998. Page 169 Robert P. Fulton, Glenside, for appellant. Elaine N. Blass, Asst. Counsel, and Timothy P. Wile, Asst. Counsel […]

515 A.2d 661 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William Richard March, Appellee. Commonwealth Court of Pennsylvania. October 2, 1986. Motor vehicles — Licensing — Suspension — Breathalyzer. 1. When a motor vehicle licensee has been properly warned that his license will be suspended if he refuses to take […]

936 A.2d 1252 Williams v. Beard. No. 927CD07.Commonwealth Court of Pennsylvania. December 28, 2007. Appeal from the Huntingdon County 06-833. Decisions Without Published Opinions Affirmed. Page 1253

668 A.2d 1207 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant, v. SCIOLI-TURCO POST 593, V.F.W. Commonwealth Court of Pennsylvania.Submitted on Briefs October 6, 1995. Decided December 14, 1995. Appeal from the Common Pleas Court, Philadelphia County, No. 94-07-0128. James A. Saylor, Assistant Counsel, for appellant. Gary F. DiVito, for appellee. Before PELLEGRINI and […]

481 A.2d 379 Joseph F. Barron, on his own behalf and on behalf of Philadelphia Fire Officers, Appellant v. City of Philadelphia, William J. Green, Rodney D. Johnson, J. W. Brown, Orville V. Jones and Joseph R. Rizzo, Appellees. Commonwealth Court of Pennsylvania.Argued June 4, 1984 September 19, 1984. Labor — Agency shop — Unfair […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION LoCastro v. Comm., Dept. of Trans., Bureau of Driver Lic.[1] . . . . . . . . 1649CD00 6/15/2001 Washington Affirmed County 99-3919 Township of Stroud v. Fayne[2] . . . . . . 884CD00 6/18/2001 Monroe County […]

654 A.2d 47 Mary E. MOONEY, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs: September 30, 1994. Decided: December 29, 1994. Appeal from the Court of Common Pleas No. 2537 Civil 1993, O’Brien, J. Affirmed. Della Porta, Senior Judge, filed dissenting opinion. Page 48 Lawrence […]

The Kelso Company v. The Zoning Hearing Board of the Township of Haverford. No. 2115CD09.Commonwealth Court of Pennsylvania. June 30, 2011. Appeal from the Delaware County 2007-13987. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

382 A.2d 785 Redevelopment Authority of the City of Lancaster, Appellant v. Wabank Real Estate and Investment Company, Inc. and Samuel Miller Son, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued December 9, 1977 February 22, 1978. Eminent domain — Remand — Appealable order — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Assembled economic […]

842 A.2d 983 JK Trash Removal, Inc., Appellant v. City of Chester. No. 1740 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: December 8, 2003. Filed: January 23, 2004. Order Filed: March 19, 2004. ORDER COLINS, PRESIDENT JUDGE. NOW, March 19, 2004, having considered appellee’s applicaiton for reargument before the Court en banc, the application is denied. John […]

545 A.2d 430 James Bell, Jr., Petitioner v. Workmen’s Compensation Appeal Board (Gateway Coal Company), Respondents. Commonwealth Court of Pennsylvania. August 2, 1988. Workers’ compensation — Substantial contributing factor causation test — Occupational disease — Medical evidence. 1. The substantial contributing factor causation test may be applied to workers’ compensation disability cases when the disability […]

560 A.2d 298 Joseph C. STOCKDILL, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs March 27, 1989. Decided June 19, 1989. Appeal from the Pennsylvania Board of Probation and Parole. Page 528 Bruce E. Mattock, Asst. Public Defender, County of Westmoreland, Greensburg, for petitioner. Robert […]