Category: Pennsylvania Superior Court Opinions

HEMPFIELD AREA SCHOOL DISTRICT, Appellant v. PENNSYLVANIA LABOR RELATIONS BOARD and Hempfield Area Education Association, PSEA/NEA. No. 988 C.D. 2006.Commonwealth Court of Pennsylvania.Argued February 6, 2007. Decided March 12, 2007. Reargument Denied May 3, 2007. Appeal from the Court of Common Pleas, Westmoreland County, No. 43 of 2006, Caruso, J. Page 223 David A. Strassburger, […]

532 A.2d 69 Eugene Michno, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 14, 1987. Unemployment compensation — Unemployed business persons — Corporate control — Status at time of termination — Date of termination — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. […]

739 A.2d 601 PATRICK B. KARABINOS v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant No. 3130 C.D. 1998Commonwealth Court of Pennsylvania.Submitted: April 30, 1999 Filed: September 2, 1999 Reconsideration Denied November 10, 1999. Appealed from the Court of Common Pleas, Allegheny County, No. S.A. 738 of 1998, Dauer J. Bryan S. […]

495 A.2d 647 William J. Mulligan, Appellant v. Zoning Board of Adjustment of East Norriton Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 8, 1985 July 15, 1985. Zoning — Special exception — Public welfare — Burden of proof — Compliance with specific requirements — Variance — Side yard requirements — Minimum variance. 1. Although normally […]

960 A.2d 184 Ronald GOODWINE, Jr., Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 2032 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 3, 2008. Decided: October 31, 2008. Page 185 Scott B. Rudolf, Asst. Public Defender, Pittsburgh, for petitioner. Arthur R. Thomas, Asst. Counsel and Victoria S. Madden, Chief Counsel, Harrisburg, for […]

373 A.2d 472 Local 1400, Chester City Fire Fighters Association et al., Appellants v. John H. Nacrelli, Mayor of Chester, Pennsylvania, et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 6, 1977 May 19, 1977. Policemen and firemen — Mandamus — Scope of appellate review — Abuse of discretion — Error of law — Findings of […]

597 A.2d 219 AMERIKOHL MINING INC., Appellant, v. The ZONING HEARING BOARD OF WHARTON TOWNSHIP and Wharton Township and Deer Lake Improvement Association, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued March 7, 1991. Decided August 29, 1991. Appeal from the Common Pleas Court, Fayette County, No. 1004 of 1990, G.D., Gerald R. Solomon, J. Page 250 […]

391 A.2d 1333 Commonwealth of Pennsylvania, Plaintiff v. Diamond Shamrock Chemical Company, a unit of Diamond Shamrock Corporation, Defendant. Commonwealth Court of Pennsylvania.Argued June 6, 1978 October 11, 1978. Public contracts — Request for admissions — Pa. R.C.P. No. 4014 — Timeliness of response to request for admissions — Compelling excuse — Motion for summary […]

727 A.2d 1171 SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LANIER), Respondent. Commonwealth Court of Pennsylvania.Submitted: October 30, 1998. Filed: February 5, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A96-3694. Brian J. Durkin, Philadelphia, for petitioner. Ronald V. Cole, Philadelphia, for respondent. Before: FLAHERTY, J., LEADBETTER, J., NARICK, Senior Judge. […]

598 A.2d 344 COMMONWEALTH of Pennsylvania, OFFICE OF ATTORNEY GENERAL, Petitioner, v. Larry A. COLBERT, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 10, 1991. Decided October 8, 1991. Appeal from the State Civil Service Commission, No. 8879. John G. Knorr, III, Chief Deputy Atty. Gen., Chief of Litigation Section, for petitioner. Page 658 Mark […]

646 A.2d 22 Joseph R. LATCH, III, Appellant, v. CITY OF JOHNSTOWN and Herbert Pfuhl, Jr., Mayor of the City of Johnstown. Commonwealth Court of Pennsylvania.Argued June 10, 1994. Decided July 13, 1994. Appeal from the Common Pleas Court of Cambria County, No. 1992-701, Leahey, J. Page 47 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

642 A.2d 564 In re in the Matter of EXCEPTIONS TO JACKSON TOWNSHIP ORDINANCE NO. 91-103. Appeal of JACKSON TOWNSHIP BOARD OF SUPERVISORS, Appellant. Commonwealth Court of Pennsylvania.Argued April 11, 1994. Decided May 17, 1994. Appeal from the Monroe County Court of Common Pleas, Quarter Sessions, Vican, J., No. 116 Misc. 1991. Page 136 Ronald […]

872 A.2d 247 SAFE AUTO INSURANCE COMPANY, Appellant, v. SCHOOL DISTRICT OF PHILADELPHIA, Pride Coleman and Helena Coleman. Commonwealth Court of Pennsylvania.Argued February 28, 2005. Decided: April 13, 2005. Appeal from the Court of Common Pleas, Philadelphia County, July Term, 2003 No. 0172, Papalini, J. Page 248 John Reed Evans, Media, for appellant. Michael Bowman, […]

431 A.2d 1151 Peggy L. Gilbert, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1981 July 9, 1981. Unemployment compensation — Willful misconduct — Work rules — Incompetence — Good faith — Medical verification — Remand. 1. In an unemployment compensation case, the question of whether […]

539 A.2d 45 L.A.M., D.T.M., in behalf of L.A.M., Minor, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. March 21, 1988. Department of Public Welfare — Expungement of child abuse record — Child Protection Services Law, Act of November 26, 1975, P.L. 438 — Standing to challenge expungement — […]

413 A.2d 796 James DeMeno, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 14, 1980 May 5, 1980. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Chance of being fired […]

415 A.2d 927 Commonwealth of Pennsylvania, Department of Revenue, Bureau of Sales and Use Tax, Appellant v. King Crown Corporation and King Crown Corporation, t/a Mt. Haven Cottage and Restaurant, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued April 7, 1980 June 11, 1980. Taxation — Equitable estoppel — Compromise — Apparent authority. 1. Equitable estoppel arises […]

647 A.2d 695 COMMONWEALTH of Pennsylvania v. Edward SCHILL, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs April 15, 1994. Decided August 31, 1994. Appeal from the Court of Common Pleas of Delaware County, Nos. 4185-88, 4186-88, 4793-88, Toal, President Judge. Page 233 Hugh A. Donaghue, for appellant. Vram Nedurian, Jr., Asst. Dist. Atty., for appellee. […]

745 A.2d 111 ANTHONY MILLILI, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 2738 C.D. 1998.Commonwealth Court of Pennsylvania.Submitted: April 14, 1999. Filed: January 31, 2000. Appeal from the Court of Common Pleas, Montgomery County, No. 98-02871, Moore, J. Page 112 Stanton M. Lacks, Bensalem, for appellant. Timothy P. Wile, […]

579 A.2d 426 SUBURBAN/BUSTLETON PHARMACY, INC., Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF AGING, Respondent. Commonwealth Court of Pennsylvania.Argued April 3, 1990. Decided July 16, 1990. Appeal from the Department of Public Welfare, No. 31-89-001. Page 72 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

533 A.2d 199 Bertrand A. Waltz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. November 12, 1987. Unemployment compensation — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Willful misconduct — Refusal to work overtime […]

630 A.2d 492 GREENE TOWNES FINANCIAL CORP., Appellant v. ZONING HEARING BOARD OF LOWER MERION TOWNSHIP and Board of Commissioners of Lower Merion Township. Commonwealth Court of Pennsylvania.Argued May 10, 1993. Decided August 3, 1993. Appeal from the Common Pleas Court, Montgomery County, No. 91-00614, Corso, J. Page 455 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

455 A.2d 277 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. City of Philadelphia, Department of Public Property, Appellee. Commonwealth Court of Pennsylvania. February 2, 1983. Motor vehicles — Suspension of certificate of appointment as official inspection station — Inspections by uncertified mechanics — Vehicle Code, 75 Pa. C. S. §§ […]

BOROUGH OF SLATINGTON, Appellant v. Edwin L. ZIEGLER, Slatington Redevelopment Corporation and Zeek, Inc. Commonwealth Court of Pennsylvania.Submitted on Briefs August 26, 2005. Decided December 21, 2005. Reargument Denied February 9, 2006. Appeal from the Court of Common Pleas, Lehigh County, No. 88-E-21, Lavelle, Senior Judge. Page 9 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

682 A.2d 55 John F. DANNERTH, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued June 11, 1996. Decided August 16, 1996. Appeal from the Unemployment Compensation Board of Review, No. B-342081. Page 56 Catherine R. Barone, for Petitioner. Maribeth Wilt-Seibert. Assistant Counsel for Respondent. Before COLINS, President Judge, LEADBETTER, J., and […]

645 A.2d 452 FIDELITY BANK, N.A., Petitioner, v. COMMONWEALTH of Pennsylvania, acting By and Through the DEPARTMENT OF REVENUE and Robert P. Casey, Governor of the Commonwealth of Pennsylvania, and his successors in office et al., Respondents. Commonwealth Court of Pennsylvania.Argued April 13, 1994. Decided July 7, 1994. Page 525 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

958 A.2d 1158 Schneller v. Fox Subacute at Clara Burke.[3] No. 111CD08.Commonwealth Court of Pennsylvania. August 25, 2008. [3] Reconsideration Denied Oct. 23, 2008. Montgomery County 04-06046. Affirmed.

755 A.2d 732 DAVID MONEY, Appellant v. ZONING HEARING BOARD OF HAVERFORD TOWNSHIP and HAVERFORD TOWNSHIP. No. 1964 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: May 15, 2000. Filed: July 13, 2000. Page 733 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 734 Brian […]

Andrew Charles LoFURNO, a Minor by and through His Parents and Natural Guardians, Robert A. LoFURNO and Monica U. LoFurno, h/w v. GARNET VALLEY SCHOOL DISTRICT, Appellant. Commonwealth Court of Pennsylvania.Argued February 28, 2006. Decided May 3, 2006. Publication Ordered August 23, 2006. Appeal from the Court of Common Pleas, Delaware County, No. 03-12045, Proud, […]

412 A.2d 1128 W. R. Grace, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 14, 1980 April 10, 1980. Unemployment compensation — Willful misconduct — Burden of proof — Illness — Discharge policy. 1. In an unemployment compensation case, the employer has the burden of proving willful […]

862 A.2d 758 KARNS CITY EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION v. KARNS CITY AREA SCHOOL DISTRICT. No. 898CD04.Commonwealth Court of Pennsylvania. November 22, 2004. Appeal from the Butler County MsD No. 2003-40298. Decision without publised opinion. Reversed. Page 759

298 A.2d 658 Joseph A. Puleo Sons, Inc. v. Borough Council of Phoenixville, et al. Commonwealth Court of Pennsylvania.Argued October 4, 1972 January 4, 1973. Zoning — Subdivision plan — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___, No. 247 — Time of decision — Notice of decision — Time of notice […]

342 A.2d 504 Unemployment Compensation Board of Review v. Robert F. Gochenauer, Appellant. Commonwealth Court of Pennsylvania.Argued June 4, 1975 August 5, 1975. Unemployment compensation — Scope of appellate review — Consistent findings — Capricious disregard of competent evidence — Voluntary termination of employment — Cause of a necessitous and compelling nature — Dispute over […]

466 A.2d 254 William B. Bush, M.D., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Horse Racing Commission, Respondent. Commonwealth Court of Pennsylvania.Argued May 9, 1983 October 11, 1983. Pennsylvania Horse Racing Commission — Forfeiture of purse — Drugs — Regulations — Retroactivity — Modification of penalty. 1. In the absence of expression to the contrary a […]

525 A.2d 1265 William F. Drennan, Appellant v. City of Philadelphia, Board of Pensions and Retirement, Appellee. Commonwealth Court of Pennsylvania. May 20, 1987. Municipalities — Disability pension — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Heart attack — Causation — […]

695 A.2d 930 JAMES A. ARMSTRONG v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs February 28, 1997. Decided May 29, 1997. Appeal from the Court of Common Pleas, Fayette County, No. 896 of 1995, C.D. 1996, Smith, J. Page 931 Timothy P. Wile, Assistant Counsel […]

631 A.2d 705 Gregory GARNETT, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (EQUITABLE GAS COMPANY), Respondent. EQUITABLE GAS COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (GARNETT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 21, 1993. Decided August 23, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-1485. Page 101 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

492 A.2d 1209 Adolphus Evans, Appellant v. City of Pittsburgh, and City of Pittsburgh, Department of Public Safety, Bureau of Police, Appellees. Commonwealth Court of Pennsylvania.Argued March 11, 1985 June 4, 1985. Municipalities — Political Subdivision Tort Claims Act, Act of November 26, 1978, P.L. 1399 — Control of real property — Release of hostages. […]

639 A.2d 887 Steven PIKE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BOB HART CONTRACTORS), Respondent. Commonwealth Court of Pennsylvania.Submitted December 3, 1993. Decided March 10, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2493. Page 456 Michael N. Silver, for petitioner. Carolyn B. Sollectio, for respondent. Before CRAIG, President Judge, KELLEY, J., and DELLA […]

623 A.2d 863 FRAZER CONCERNED CITIZENS, by Betty McKENNA, Trustee ad litem, Betty McKenna, William M. Kovic, and Lester J. Artinger v. FRAZER TRANSPORTATION AUTHORITY, Frazer Township and Frazer Board of Supervisors, and A.V. Associates, L.P. Appeal of FRAZER CONCERNED CITIZENS, by Betty McKENNA, Trustee ad litem, Betty McKenna, William M. Kovic, and Lester J. […]

985 A.2d 309 Lee Son Yom v. Schuylkill Valley Sewer Authority. No. 781CD09.Commonwealth Court of Pennsylvania. December 18, 2009. Appeal from Schuylkill County S-901-2007. Decisions Without Published Opinions Affirmed.

682 A.2d 410 J. Michael EAKIN, Appellant, v. Earl R. KELLER, Nancy A. Besch, and Marcia L. Myers, Commissioners of Cumberland County, and Alfred L. Whitcomb, Controller of Cumberland County. Commonwealth Court of Pennsylvania.Argued May 15, 1996. Decided August 21, 1996. Appealed from the Common Pleas Court, Cumberland County, No. 2677 Civil 1993, Bayley, J. […]

809 A.2d 994 Commonwealth of Pennsylvania, Department of General Services, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Plaintiffs v. United States Mineral Products Company, Certainteed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Philips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company, Defendants. Commonwealth of […]

467 A.2d 1218 William M. Nicastro, Petitioner v. Julius T. Cuyler, Superintendent of the State Correctional Institution at Graterford et al., Respondents. Commonwealth Court of Pennsylvania. November 29, 1983. Criminal law — Sentences — Prison escapee — Credit for time served in custody in Canada — Summary judgment — Pa. R.C.P. No. 1035. 1. When […]

367 A.2d 355 Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission v. Bates Taxi, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1976 December 21, 1976. Pennsylvania Public Utility Commission — Taxicabs — Public Utility Law, Act 1937, May 28, P.L. 1053 — Regulations — Interest in vehicles — Bookkeeping — Scope of appellate review — […]

832 A.2d 583 Lilyan M. Prince, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 658 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: July 25, 2003. Filed: September 23, 2003. Page 584 Eugene Orlando, Reading, for petitioner. Kelly K. Smith, Harrisburg, for respondent. BEFORE: COLINS, President Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY Judge LEAVITT. Lilyan […]

Helene V. HOFFMAN, Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. No. 2210 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs May 5, 2006. Decided October 16, 2006. Publication Ordered January 26, 2007. Page 675 Helene V. Hoffman, petitioner, pro se. M. Catherine Nolan, Harrisburg, for respondent. BEFORE: COLINS, President Judge, and COHN JUBELIRER, Judge, and McCLOSKEY, […]

427 A.2d 781 Bensalem Township and June M. McLoughlin, Appellants v. Wilmer S. Weber, Jr. and Barbara G. Weber, his wife, Appellees. Commonwealth Court of Pennsylvania. April 8, 1981. Zoning — Mandamus — Variance — Failure to render decision — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Aggrieved party — […]

595 A.2d 220 Raymond J. RODIER v. TOWNSHIP OF RIDLEY, Board of Commissioners of the Township of Ridley, Zoning Hearing Board of Ridley Township and Ed Miller, Code Enforcement Officer of the Township of Ridley. Appeal of TOWNSHIP OF RIDLEY. Commonwealth Court of Pennsylvania.Argued December 4, 1990. Decided July 9, 1991. Appeal from the Court […]

406 A.2d 1153 Ray K. Becker and Dorothy W. Becker, t/d/b/a Carlisle Street Tavern, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania.Argued March 8, 1979 August 7, 1979. Pennsylvania Liquor Control Board — Suspension of liquor license — Scope of appellate review — Sufficient evidence — Error of law […]

674 A.2d 1194 GENUARDI SUPERMARKETS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (OVACK), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 26, 1996. Decided April 17, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A94-0766. Robin M. Romano, for Petitioner. Neil S. Kerzner, for Respondent. Page 1195 Before DOYLE and FLAHERTY, JJ., and LORD, Senior […]

604 A.2d 1235 Jonalyn BRELISH, a Minor, by her parents and Natural Guardians, John and Carol BRELISH, Appellants, v. CLARKS GREEN BOROUGH, Abington School District and the Commonwealth of Pennsylvania, Department of Transportation and Linda Lou Brooks and John Brelish, Appellees. Commonwealth Court of Pennsylvania.Argued December 19, 1991. Decided March 6, 1992. Appeal from the […]

572 A.2d 239 In re Thomas A. EBERLE, Sr. Appeal of Thomas A. EBERLE, Sr. Commonwealth Court of Pennsylvania.Submitted on Briefs October 4, 1989. Decided March 2, 1990. Reargument Denied May 1, 1990. Appeal from the Court of Common Pleas, Chester County, No. 88-07342, Thomas G. Gavin, J. Page 153 Edward F. Muller, Jr., Media, […]

365 A.2d 700 Joseph Kleschick v. Civil Service Commission of the City of Philadelphia. Joseph Kleschick, Appellant. Commonwealth Court of Pennsylvania.Argued October 8, 1976 October 27, 1976. Civil service — Reinstatement — Back pay — Improperly obtained evidence — Discretion of civil service commission — Reprehensible conduct. 1. Exclusionary rules pertaining to evidence obtained in […]

454 A.2d 222 Reginald H. Warden, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. January 13, 1983. Unemployment compensation — Burden of proof — Availability of Work — Scope of appellate review. 1. In an unemployment compensation case the burden of proving availability for work is on […]

536 A.2d 860 Halfway Coal Yard, Inc., Appellant v. County of Centre, Appellee. Commonwealth Court of Pennsylvania.Argued November 20, 1987. January 29, 1988. Taxation — Appeals — Interlocutory orders — Striking defenses — Failure to pursue statutory remedy — The Fourth to Eighth Class County Assessment Law, Act of May 21, 1943, P.L. 571. 1. […]

382 A.2d 498 Frederick Fiegenberg, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. Commonwealth Court of Pennsylvania.Argued March 10, 1977 February 10, 1978. Civil service — Reinstatement without back pay — Civil Service Act, Act 1941, August 5, P.L. 752 — Discretion of civil service commissions — Job-related criteria — Deliberate omission […]

6 A.3d 1032 LANCASTER TOWNSHIP, Appellant v. The ZONING HEARING BOARD OF LANCASTER TOWNSHIP, Timothy O. Grosick and Cheryl J. Grosick. No. 1754 C.D. 2009.Commonwealth Court of Pennsylvania.Argued April 19, 2010. Decided May 27, 2010. Appeal from the Court of Common Pleas, County of Butler, No. AD 09-10770, Horan, J. Page 1033 Thomas L. Smith, […]

597 A.2d 253 In re BIRMINGHAM TOWNSHIP, DELAWARE COUNTY/Complaint to Have the Offices of Helen A. Bauman and Darrell B. Lewis, Township Supervisors, Declared Vacant. Appeal of ELECTORS of BIRMINGHAM TOWNSHIP. Commonwealth Court of Pennsylvania.Argued June 12, 1991. Decided September 6, 1991. Appeal from the Court of Common Pleas, Delaware County, No. 90-18491, Louis C. […]

824 A.2d 397 Heffner Funeral Chapel Crematory, Inc., Ernie Heffner, Licensed Funeral Director, and Scureman Funeral Home, Inc., Petitioners v. Department of State, Bureau of Professional and Occupational Affairs, and State Board of Funeral Directors, Respondents. No. 867 M.D. 2002.Commonwealth Court of Pennsylvania.Argued: April 1, 2003. Filed: May 22, 2003. Page 398 James J. Kutz, […]

521 A.2d 68 Kelly Buick, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. February 12, 1987. Motor vehicles — Inspection certificate — Suspension — Scope of appellate review — Fraud — Penalty — Faulty inspection. 1. The scope of review of the Commonwealth Court of Pennsylvania in an inspection […]

526 A.2d 456 Caroline Deluca, Appellant v. Whitemarsh Township, and Gregory Czarnecki and Corsons Lime Company, Appellees. Commonwealth Court of Pennsylvania.Argued February 27, 1987. May 26, 1987. Municipalities — Immunity from suit — Judicial Code, 42 Pa. C. S. § 8542 — Demurrer — Care of animals — Wild animals — The Game Law, Act […]

453 A.2d 723 Karen A. Girovsky, Petitioner v. Workmen’s Compensation Appeal Board (Corry Foam Products, Inc.), Respondents. Commonwealth Court of Pennsylvania.Argued October 7, 1982 December 28, 1982. Workmen’s compensation — Burden of proof — Causal connection — Pre-existing condition. 1. In a workmen’s compensation case, it is claimant’s burden to prove a causal connection between […]

613 A.2d 612 The CITY OF HERMITAGE, Michael A.P.G. Magnotto and Daniel Schiavone, Appellants, v. The ZONING HEARING BOARD OF THE CITY OF HERMITAGE and Sharon Associates, Mable H. Seiner, James F. Zorzi and Karen L. Zorzi and Paul G. Wasko and Deborah A. Wasko, Appellees. Commonwealth Court of Pennsylvania.Argued May 12, 1992. Decided July […]

670 A.2d 203 ELJER INDUSTRIES and the Travelers Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (JOHNSON), Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1995. Decided January 4, 1996. Appeal from the Workmen’s Compensation Appeal Board, No. A93-2775. F. David Dermotta, for petitioners. Daniel K. Bricmont, for respondent. Before COLINS, President Judge, and DOYLE, McGINLEY, […]

961 A.2d 220 Grady JORDAN, a minor, By and Through his parents and natural guardians, Brian JORDAN and Pamela Jordan v. The WESTERN PENNSYLVANIA HOSPITAL, d/b/a West Penn Hospital, West Penn Allegheny Health System, Inc., Birth Place, (Midwifery Services of Western Pennsylvania Hospital), c/o Western Pennsylvania Hospital d/b/a West Penn Hospital, Aurora Miranda, M.D., Carol […]

439 A.2d 1257 William and Barbara Manuella, h/w v. O. F. Sorgenfrei et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued November 19, 1981 December 29, 1981. Argued November 19, 1981, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three. Appeal, No. 280 C.D. 1981, from the Order […]

403 A.2d 178 E. Jerome Brose, Frank A. Poswistilo and Karl K. LaBarr, Jr., Appellants v. Easton Parking Authority and the City of Easton, Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1979 July 3, 1979. Appeal — Questions not properly raised below — Municipalities — Ultra vires acts — Parking Authority Law, Act 1947, June […]

Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles v. Ziemke. No. 312CD07.Commonwealth Court of Pennsylvania. August 9, 2007. Appeal from the Allegheny County SA 948 of 2006. Commonwealth Court of Pennsylvania decisions without published opinions Reversed.

457 A.2d 610 Don W. Novak, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1982 March 25, 1983. Unemployment compensation — Supremacy Clause — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Federal Unemployment Tax Act, Social Security Act of 1935, 26 […]

535 A.2d 1200 Americus Centre, Inc. v. City of Allentown et al. Jeffry A. Epstein and William M. Berger, t/a 535 Hamilton Mall Associates, Appellants. Commonwealth Court of Pennsylvania.Argued September 14, 1987. January 5, 1988. Preliminary injunction — Indispensable party — Municipal authority — Competitive bidding — Parking — Scope of appellate review. 1. When […]

561 A.2d 68 MEADOWS NURSING CENTER, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued November 3, 1988. Decided June 30, 1989. Reargument Denied September 12, 1989. Appeal from the Department of Public Welfare. Page 147 Jerry B. Chariton, Steven M. Greenwald, Shaffer Chariton Wilkes-Barre, for petitioner. Jason W. Manne, […]

508 A.2d 635 Walter Bigler, Petitioner v. Workmen’s Compensation Appeal Board (Bristol Township), Respondents. Commonwealth Court of Pennsylvania. May 1, 1986. Workmen’s compensation — Termination — Burden of proof — Scope of appellate review — Medical testimony — Hospital records. 1. In a workmen’s compensation case involving a termination petition, the employer bears the burden […]

646 A.2d 717 RURAL AREA CONCERNED CITIZENS, INC., Walter D. Wiltrout and Lynn Ann Wiltrout, his wife, et al., Appellants, v. FAYETTE COUNTY ZONING HEARING BOARD. YOUGH AREA FISHERMEN’S ASSOCIATION, INC., Appellant, v. FAYETTE COUNTY ZONING HEARING BOARD. Commonwealth Court of Pennsylvania.Argued March 2, 1994. Decided August 9, 1994. Appeal from the Common Pleas Court, […]

720 A.2d 827 Esty ARDUINO, Appellant, v. BOROUGH OF DUNMORE. Commonwealth Court of Pennsylvania.Argued September 17, 1998. Decided November 19, 1998. Page 828 Appeal from the Court of Common Pleas, Lackawanna County, No. 97 Civ. 5501, Walsh, J.,. Page 829 Christopher P. Cullen, Dunmore, for appellant. Robert C. Cordaro, Dunmore, for appellee. Before COLINS, President […]

450 A.2d 1097 James E. Connelly, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 8, 1982. Unemployment compensation — Voluntary termination — Violation of collective bargaining agreement — Unavailability for recall — Effort to preserve employment. 1. Although an employe cannot be deemed to have voluntarily terminated […]

595 A.2d 217 APOLLO-RIDGE SCHOOL DISTRICT, Appellant, v. TAX CLAIM BUREAU OF INDIANA, a political subdivision of the Commonwealth of Pennsylvania, Appellee. APOLLO-RIDGE SCHOOL DISTRICT, a Political Subdivision of the Commonwealth of Pennsylvania, Appellant, v. TAX CLAIM BUREAU OF the COUNTY OF ARMSTRONG, a Political subdivision of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of […]

JERSEY SHORE AREA SCHOOL DISTRICT v. FETTER. No. 370CD05.Commonwealth Court of Pennsylvania. October 4, 2005. Appeal from Lycoming County, 04-00581. Decision without published opinion. Quashed

573 A.2d 659 Shelley Ruth KILMER and Thomas R. Kilmer, her husband Myles Kilmer, a minor, by Shelley Ruth Kilmer, Mother and Natural Guardian v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. (Two Cases) Stanley J. ELY, Individually and as Administrator of the Estate of Gwendolyn R. […]

815 A.2d 1 Stivala Investments, Inc., Appellant v. South Abington Township Board of Supervisors and Giles Stanton, Joseph Sproul, Mark Dougherty, and Manager, James Mayfield. No. 1079 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 5, 2002. Filed: December 5, 2002. Order Filed: February 12, 2003. ORDER NOW, February 12, 2003, having considered appellant’s application for argument, […]

450 A.2d 259 Kulzer Roofing, Inc. and Roofing and Sheet Metal Contractors Association, Petitioners v. Commonwealth of Pennsylvania, Department of Labor and Industry and The Bristol Township School District, Respondents. Commonwealth Court of Pennsylvania.Argued June 8, 1982 September 10, 1982. Public works — Statutory Construction Act of 1972, 1 Pa. C. S. § 1921 et […]

647 A.2d 620 Frank MEDEN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BETHENERGY MINES, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 13, 1994. Decided August 23, 1994. Petition for Allowance of Appeal Denied April 11, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1334. Page 69 Daniel G. Walter, for petitioner. Page 70 […]

655 A.2d 228 Daniel GUIDAS v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Submitted January 6, 1995. Decided February 23, 1995. Appeal from the Court of Common Pleas, County of Westmoreland, No. 9097 of 1993, Pezze, J. Page 229 William A. Kuhar, Jr., Asst. Counsel-Appellate Section, and Timothy […]

In Re: PETITION FOR FORMATION OF INDEPENDENT SCHOOL DISTRICT Appeal of: Riegelsville Tax Education Coalition. No. 545 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: November 13, 2008. Decided: December 19, 2008. Appeal from the Court of Common Pleas, Bucks County, No. 0702132-31-6, Waite, J. Page 25 William H.R. Casey, Doylestown, for appellant. David F. Conn, New Britain, […]

417 A.2d 805 Patients of Philadelphia State Hospital, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare and Aldo Colautti, Secretary of Welfare, Respondents. Commonwealth Court of Pennsylvania.Argued September 10, 1979 July 21, 1980. Hospitals — Act of 1957, June 21, P.L. 390 — Joint Commission on Accreditation of Hospitals report — Department of Public […]

414 A.2d 718 Fotomat Corporation v. Zoning Hearing Board of Upper Dublin Township. Township of Upper Dublin, Appellant. Commonwealth Court of Pennsylvania.Argued April 7, 1980 May 9, 1980. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Required service for sewage disposal and water — Kiosk — Variance — […]

454 A.2d 664 William L. Shelley et al., Appellants v. The Zoning Hearing Board of Carlisle, Appellee. Commonwealth Court of Pennsylvania.Argued November 18, 1982 January 13, 1983. Zoning — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Variance — Notice — Unnecessary hardship. 1. Section 1004 of the Pennsylvania Municipalities Planning […]

386 A.2d 1052 In re: Condemnation by the Redevelopment Authority of the City of Harrisburg of certain parcels of real estate in various Wards of said City in connection with the Cameron-South Harrisburg Flood Project, Project Pa. R-608(c). Carole R. Brown and Donald L. Brown v. Redevelopment Authority of the City of Harrisburg, Appellant. Commonwealth […]

654 A.2d 625 Bradford TIMBERS, District Justice of District Court No. 31-2-03, Petitioner v. H. Gordon ROBERTS, District Court Administrator of the Court of Common Pleas of Lehigh County; Daniel P. Sabetti, Court Administrator of the Court of Common Pleas of Lehigh County; Charles Dorn, Personnel Director of Lehigh County; Lehigh County; and James N. […]

411 A.2d 838 Murray H. Goodman et al., Appellants v. The Board of Commissioners of the Township of South Whitehall, Appellee. Commonwealth Court of Pennsylvania.Argued October 4, 1979 January 24, 1980. Subdivision — Preliminary approval — Commercial development — Driveways — Grading or filling — Water supply and sanitary and storm sewage service — Traffic […]

474 A.2d 1220 Guido Centorame, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. May 9, 1984. Unemployment compensation — Self-employment — Advertisement. 1. Public advertisement of a pursuit, without more, does not in itself amount to the launching of a new, self-employment enterprise for unemployment compensation purposes. [338] […]

655 A.2d 669 Joseph ESSICK, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 20, 1995. Decided March 6, 1995. Appeal from Unemployment Compensation Board of Review, No. B-327422. Neil E. Jokelson, for petitioner. Randall S. Brandes, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent. […]

312 A.2d 98 Township of Abington, Appellant, v. Rocks Associates, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 November 9, 1973. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Burden of proof — Special exception — Traffic — Sufficient evidence — Service station — Car wash. 1. […]

603 A.2d 679 Melodie MEASE, Administratrix of the Estate of Ernest Carl Mease, Jr., Deceased, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA STATE POLICE and Teodoro Huertas, Jacqueline G. Butler and Michael Swift, also known as Michale Burns, Appellees. Commonwealth Court of Pennsylvania.Argued November 21, 1991. Decided February 5, 1992. Appeal from the Common Pleas Court […]

338 A.2d 700 Commonwealth of Pennsylvania, Milk Marketing Board, Appellee, v. The Keystone Dairy Company, Appellant. Milk, Inc., Intervening Appellee. Commonwealth of Pennsylvania, Milk Marketing Board, Appellee, v. The Ohio Casualty Insurance Company, Appellant. Milk, Inc., Intervening Appellee. Commonwealth Court of Pennsylvania.Argued March 4, 1975 May 12, 1975. Milk Marketing Board — Revocation of milk […]

287 A.2d 158 Scasserra v. Civil Service Commission. Commonwealth Court of Pennsylvania.Argued December 8, 1971 February 2, 1972. Civil Service — Civil Service Act, Act 1941, August 5, P. L. 752 — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — State Civil Service Commission — Probationary employee — Discrimination — Scope of […]