Category: Pennsylvania Superior Court Opinions

THE MUNICIPAL AUTHORITY OF THE BOROUGH OF WEST VIEW v. THE COUNTY OF ALLEGHENY. No. 511CD05.Commonwealth Court of Pennsylvania. December 7, 2005. Appeal from Allegheny County GD-02-019465. Decision without published opinion. Affirmed.

634 A.2d 830 POLICE BARGAINING UNIT OF the BOROUGH OF MONTOURSVILLE POLICE DEPARTMENT, Appellant, v. The BOROUGH OF MONTOURSVILLE, Appellee. Commonwealth Court of Pennsylvania.Argued April 10, 1992. Decided December 1, 1993. Appeal from the Court of Common Pleas, Lycoming County, No. 91-00082, Raup, President Judge. Page 334 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

515 A.2d 1018 Joseph Tirpak, Appellant v. Borough of Summit Hill, Appellee. Commonwealth Court of Pennsylvania.Argued September 8, 1986 October 2, 1986. Zoning — Borough Code, Act of February 1, 1966, P.L. (1965) 1656 — Pigs — Pets — Accessory uses. 1. A borough has the power under the Borough Code, Act of February 1, […]

818 A.2d 574 Tri-County Industries, Inc. and Tri-County Landfill, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Protection, Respondent. Eagle Environmental II, L.P., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Protection and Chest Township, Respondents. Alliance Sanitary Landfill, Inc., Petitioner v. Department of Environmental Protection; Old Forge Borough; Moosic Borough; Lackawanna County and […]

437 A.2d 115 Howard Hanna, III, Appellant v. Zoning Board of Adjustment of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania. November 25, 1981. Zoning — Service — Mail — Judicial Code, 42 Pa. C. S. § 5572 — Burden of proof — Postmark. 1. Where service of a zoning board of adjustment’s order denying a variance […]

597 A.2d 235 LIBERTY MUTUAL FIRE INSURANCE COMPANY, et al., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE and Constance B. Foster, Insurance Commissioner, Respondents. Commonwealth Court of Pennsylvania.Argued June 12, 1991. Decided September 4, 1991. Appeal from the Insurance Commissioner, No. R90-06-05. Page 283 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

609 A.2d 596 BOARD OF EDUCATION, SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. (Fifteen Cases) Commonwealth Court of Pennsylvania.Argued: November 20, 1991. Decided: May 6, 1992. Appeal from the Commonwealth Court, Nos. 1886, 1887, 2279, 2437, 2438, 2439, 2447, 2534, 2535, 2536, 2537, 2538, 2599 and 2600 C.D. 1990 and […]

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 […]

773 A.2d 195 FRANK TRIPSON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 944 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 29, 2000. Filed: March 21, 2001. Page 196 Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION JUDGE SMITH Frank Tripson […]

540 A.2d 620 Robert J. Kulick, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Harness Racing Commission and Pocono Downs, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued December 17, 1987. April 22, 1988. State Harness Racing Commission — Exclusion of owner and trainer — Race Horse Industry Reform Act, Act of December 17, 1981, P.L. 435 — […]

534 A.2d 1130 Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, Bruce L. Yoder and Dorothy C. Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. PBS Coals, Inc., Appellant. Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, and Bruce Yoder v. PBS Coals, Inc., […]

LOYALSOCK TOWNSHIP AREA SCHOOL DISTRICT v. LOYALSOCK CUSTODIAL MAINTENANCE, Secretarial and Aide Association a/k/a Loyalsock Township Educational Support Professionals, PSEA/NEA, Appellant. No. 1313 C.D. 2006.Commonwealth Court of Pennsylvania.Argued May 9, 2007. Decided July 17, 2007. Appeal from the Court of Common Pleas, Lycoming County, No. 05-02, 269. Page 76 James T. Rague, Wellsboro, for appellant. […]

563 A.2d 1299 COMMONWEALTH BANK AND TRUST COMPANY, N.A., a banking corporation doing business in Williamsport, Lycoming County, Pennsylvania and Paul W. Reeder, an individual, Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued June 6, 1989. Decided: September 13, 1989. Petition for Allowance of Appeal Granted January 3, 1990. […]

616 A.2d 759 The HELEN MINING COMPANY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Frank TANTLINGER), Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided October 22, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-217. Page 243 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

516 A.2d 75 Michael J. Kobylski, t/a Hyland Dairy, Petitioner v. Commonwealth of Pennsylvania, Milk Marketing Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 16, 1986 October 1, 1986. Milk marketing — Scope of appellate review — Certified mail — Statutory Construction Act of 1972, 1 Pa. C. S. § 1991 — Milk Marketing Law, Act […]

Mendicino v. Aleppo Township. No. 2182CD08.Commonwealth Court of Pennsylvania. June 4, 2009. Appeal from the Allegheny County SA 07-001377. Decisions Without Published Opinions Affirmed.

403 A.2d 1055 The Board of Township Commissioners of Annville Township, Appellant v. Bertram W. Livengood, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1979 July 19, 1979. Zoning — Subdivision plan — Conditional approval — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Specificity of disapproval. 1. Under the Pennsylvania Municipalities Planning […]

371 A.2d 561 Nicholas Argentina, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Commonwealth Court of Pennsylvania.Argued March 10, 1977 April 1, 1977. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Interference with employer’s business. Page 470 1. […]

508 A.2d 1317 John Curry, Inc. and Centennial Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Adams), Respondent. Commonwealth Court of Pennsylvania.Argued April 8, 1986 May 7, 1986. Workmen’s compensation — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Surveillance films — Harmless error. 1. In a […]

791 A.2d 461 Department of Environmental Protection, Petitioner v. North American Refractories Company, Respondent. No. 1298 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: December 4, 2001. Filed: February 8, 2002. Page 462 Before: Honorable Doris A. Smith-Ribner, Judge; Honorable Dan Pellegrini, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION JUDGE SMITH-RIBNER The Department of Environmental Protection […]

582 A.2d 421 SEPTA, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCOTT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 31, 1990. Decided November 7, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A89-969. Page 99 Vatche Kaloustian, with him, Patricia M. McDevitt, Thomas F. McDevitt, P.C., Philadelphia, for petitioner. George Martin, Martin and Clemens, […]

879 A.2d 1274 C.S., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 905 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs:: March 11, 2005. Decided: August 3, 2005. Page 1275 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1276 C.S., petitioner, pro se. […]

450 A.2d 245 John F. Connelly, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 10, 1982. Unemployment compensation — Willful misconduct — Burden of proof — Refusal to obey orders — Good cause — Hearsay. 1. A claimant is ineligible for unemployment compensation benefits when the […]

658 A.2d 873 Rita M. CIANELA, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Submitted March 24, 1995. Decided May 9, 1995. Appeal from the Department of Public Welfare (DPW) No. 512009968-001. Rita M. Cianela, petitioner, for herself. Page 874 Lesley Smith Oakes, Asst. Counsel, for respondent. Before PELLEGRINI and FRIEDMAN, JJ., and […]

603 A.2d 243 CARROLL TOWNSHIP AUTHORITY et al., Appellants, v. MUNICIPAL AUTHORITY OF THE CITY OF MONONGAHELA and the City of Monongahela, Appellees. Commonwealth Court of Pennsylvania.Argued October 7, 1991. Decided January 29, 1992. Appeal from the Common Pleas Court of Washington County, No. 89-5657, Thomas J. Terputac, J. Page 274 [EDITORS’ NOTE: THIS PAGE […]

NEW MILFORD TOWNSHIP v. Scott T. YOUNG and Virginia L. Young, t/d/b/a Camp at East Lake, Appellants. New Milford Township v. Scott T. Young and Virginia L. Young, t/d/b/a Camp at East Lake, Appellants. New Milford Township v. Scott T. Young and Virginia L. Young, t/d/b/a Camp at East Lake, Appellants. Nos. 1329 C.D. 2006, […]

387 A.2d 980 Troiani Brothers, Inc., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued March 1, 1978 June 21, 1978. Public utilities — Jurisdiction of the Pennsylvania Public Utility Commission — Public Utility Law, Act 1937, May 28, P.L. 1053 — Writ of prohibition — Clearly erroneous assertion of […]

331 A.2d 224 Gary Kenneth Swartzwelder and Patricia Lou Swartzwelder, his wife, Plaintiffs, v. Calvin C. Edmonds, Acting Director of the Division of Vital Statistics, Defendant. Commonwealth Court of Pennsylvania. January 17, 1975. Mandamus — Jurisdiction of the Commonwealth Court of Pennsylvania — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 […]

650 A.2d 1163 William Max DOWNARD, III, Petitioner, v. The DEPARTMENT OF CORRECTIONS OF the COMMONWEALTH of Pennsylvania, Joseph Lehman, Secretary; The Commonwealth of Pennsylvania, Robert P. Casey, Governor; The Pennsylvania Board of Probation and Parole, James Riggs, Secretary, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 1, 1994. Decided November 21, 1994. Page 409 […]

642 A.2d 657 Betty S. CASSATT, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs April 14, 1994. Decided May 26, 1994. Appeal from the Unemployment Compensation Board of Review, No. B-301419. Page 358 Shawn A. Bozarth, for petitioner. Randall S. Brandes, Asst. Counsel, and Clifford F. Blaze, Deputy Chief […]

630 A.2d 478 GIANT EAGLE, INC., Petitioner v. COMMONWEALTH of Pennsylvania, MILK MARKETING BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued March 30, 1993. Decided July 30, 1993. Reargument Denied September 10, 1993. Appeal from the Milk Licensing Board, No. CC-92-193. Page 420 David B. Rodes, for petitioner. Randall N. Sears, Chief Counsel, for respondent. Before PALLADINO […]

573 A.2d 664 Harry A. Maryrita SWEENEY and The Haverford Civic Association v. The ZONING HEARING BOARD OF LOWER MERION TOWNSHIP and Philadelphia Properties, Inc. and Lower Merion Township Appeal of PHILADELPHIA PROPERTIES, INC., owner, Appellant. Commonwealth Court of Pennsylvania.Argued March 5, 1990. Decided April 20, 1990. Page 549 Appeal from the Common Pleas Court, […]

442 A.2d 404 In Re: Appeal From Suspension of Operator’s License of Donald Budd. Donald Budd, Appellant. Commonwealth Court of Pennsylvania. March 15, 1982. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Vehicle Code, 75 Pa. C. S. § 1547 — Honest effort — Scope of appellate review […]

515 A.2d 75 Del-Val Electrical Inspection Service, Inc., Appellant v. Stroudsburg-East Stroudsburg Zoning Codes Office, Appellee. Commonwealth Court of Pennsylvania.Argued May 12, 1986 September 10, 1986. Laches — Delay — Prejudice — Burden of proof — Pa. R.C.P. Nos. 1030 and 1032 — Petition for non pros — Delay in prosecution. 1. A party asserting […]

458 A.2d 326 In Re: Appeal of Allan L. Finkelstein from cancellation of drivers license. Allan L. Finkelstein, Appellant. Commonwealth Court of Pennsylvania. April 14, 1983. Motor vehicles — License — Revocation — Scope of appellate review — Judicial Code, 42 Pa. C. S. § 5328(a) — Proof of records — Hearsay. 1. The scope […]

600 A.2d 237 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Sheldon Dwane THOMAS, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs June 28, 1990. Decided November 22, 1991. Appeal from the Common Pleas Court, Washington County, No. 89-4524, John F. Bell, J. Page 532 Timothy P. Wile, Asst. Counsel-in-Charge of Appellate […]

365 A.2d 179 John K. Baronett (a/k/a J. K. Baronett), Petitioner v. C. Delores Tucker, Secretary of the Commonwealth, Respondent. J. Albert Spence, Intervening Respondent. Commonwealth Court of Pennsylvania.Argued September 8, 1976 October 14, 1976. Elections — Pennsylvania Election Code, Act 1937, June 3, P.L. 1333 — Nomination papers — Losing primary candidate — Selection […]

400 A.2d 700 Pamela M. Scholtz et al., Appellants v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1978 April 26, 1979. Unemployment compensation — School teachers — Summer unemployment — Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. § 3304 — Contract — Reasonable expectation […]

370 A.2d 1244 Patricia Berger v. School District of the City of Erie, Appellant. Commonwealth Court of Pennsylvania.Argued October 29, 1976 March 18, 1977. Schools — Suspension of professional employe — Judgment on the pleadings — Hearing — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Local Agency Law, Act 1968, […]

629 A.2d 217 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING v. Anthony N. GOMO, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs December 24, 1992. Decided July 15, 1993. Appeal from the Common Pleas Court, Erie County, No. 5713-A-1991, Joyce, J. Page 143 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

303 A.2d 850 Commonwealth v. Everett. Commonwealth Court of Pennsylvania. April 30, 1973. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Refusal of chemical breath test — Driving under the influence of intoxicating liquor — Acquittal or dismissal of criminal charge. 1. […]

550 A.2d 267 Courtney Earley, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. November 10, 1988. Motor vehicles — Suspension of operating privileges — Driving under the influence — Refusal to submit to breathalyzer test — Scope of review — Request to speak to a parent — Request to speak […]

466 A.2d 300 Patricia A. Schnieder, Petitioner v. Commonwealth of Pennsylvania, State Civil Service Commission, Respondent. Commonwealth Court of Pennsylvania. October 18, 1983. Civil service — Appeal — Civil Service Act, Act of August 5, 1941, P.L. 752. 1. There is no requirement in the Civil Service Act, Act of August 5, 1941, P.L. 752, […]

646 A.2d 705 ROCKWOOD INSURANCE COMPANY, a corporation, Appellant, v. MOTOR COILS MANUFACTURING CO., a corporation, also known as Motor Coils Mfg. Co. Commonwealth Court of Pennsylvania.Argued June 10, 1994. Decided August 8, 1994. Appeal from the Common Pleas Court of Allegheny County, No. GD 89-2922, Wettick, J. Page 496 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

430 A.2d 1212 Bi-Lo Shop-N-Bag and American Hardware Mutual Co., Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and James Hesson, Respondents. Commonwealth Court of Pennsylvania.Argued March 2, 1981 June 22, 1981. Workmen’s compensation — Petition for additional medical examination — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — […]

553 A.2d 1050 Leon Newsome, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Submitted on briefs September 20, 1988. February 10, 1989. Pennsylvania Board of Probation and Parole — Questions not properly raised — Frivolous appeal — Pa. R.A.P. 2744. 1. Questions not properly raised before the Pennsylvania […]

380 A.2d 517 Trio Beverage Company, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and William Bergstrasser, Respondents. Commonwealth Court of Pennsylvania.Argued September 16, 1977 December 15, 1977. Workmen’s compensation — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of fact — Substantial evidence — Total disability […]

Casandra OLIVER v. CITY OF PITTSBURGH, Appellant. No. 1441 C.D. 2008.Commonwealth Court of Pennsylvania. Argued May 6, 2009. Decided July 17, 2009. Appeal from the Court of Common Pleas, Allegheny County, No. GD 99-007519, O’Brien, J. Page 1233 John F. Doherty, Pittsburgh, for appellant. Harry Stump, Pittsburgh, for appellee. BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, […]

936 A.2d 1252 Walker-Ellis v. Delaware Valley Charter High School. No. 852CD07.Commonwealth Court of Pennsylvania. December 20, 2007. Appeal from the Philadelphia County 824 Sept. Term 2004. Decisions Without Published Opinions Affirmed.

Asghar Shahpari AZAR and K12 Systems, Inc., Appellants v. Frank J. FERRARI, Robert J. Keegan and Carbon Lehigh Intermediate Unit 21. Commonwealth Court of Pennsylvania.Argued April 3, 2006. Decided May 3, 2006. Appeal from the Court of Common Pleas, Lehigh County, No. 2003-C-0312, Wallitsch, J. Page 56 Kevin T. Fogerty, Allentown, for appellants. Ellis H. […]

514 A.2d 276 Appeal of Jerome Tieger from Decision of Springfield Township Zoning Board of Adjustment. Jerome Tieger, Appellant. Commonwealth Court of Pennsylvania.Argued April 11, 1986 August 25, 1986. Zoning — Special exception — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact — Substantial evidence — Statutory […]

597 A.2d 294 ACME MARKETS, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (ANNETTE PILVALIS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 30, 1990. Decided September 16, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-90-948. Page 401 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Holly M. BEHNEY, Appellant v. Carla R. BOLICH and Commonwealth of Pennsylvania, Department of Transportation. No. 1106 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted November 5, 2009. Decided December 18, 2009. Appeal from the Court of Common Pleas, Schuylkill County, No. S-859-06, Miller, J. Page 945 Edward M. Brennan, Pottsville, for appellant. Richard H. Wix, Harrisburg, for […]

430 A.2d 383 James E. Wagman, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1981 June 8, 1981. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Transportation difficulties. […]

750 A.2d 915 BANKERS LIFE AND CASUALTY COMPANY, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1803 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: November 5, 1999. Filed: April 28, 2000. Appeal from the Unemployment Compensation Board of Review, No. B-379811. Page 916 Mark H. Scoblionko and Marla J. Melman, Allentown, for petitioner. Maribeth Wilt-Seibert, Harrisburg, […]

815 A.2d 1179 Chrin Brothers, Inc., Appellant v. Williams Township Zoning Hearing Board and Township of Williams. No. 854 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: November 5, 2002. Filed: February 3, 2003. Page 1180 John A. VanLuvanee, Doylestown, for appellant. Brian M. Monahan, Easton, for appellee, Township of Williams. Joseph A. Zator, II, Allentown, for appellee, […]

310 A.2d 449 Sun Shipbuilding Dry Dock Company, Appellant v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued September 11, 1973 October 18, 1973. Unemployment compensation — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Words and phrases — Willful misconduct — Scope of appellate review […]

978 A.2d 1085 Hawk v. Eldred Township Zoning Hearing Board. No. 2100 CD 08.Commonwealth Court of Pennsylvania. July 1, 2009. Appeal from the Monroe County 3350 Civil 2008 9350 Civil 2007. Decisions Without Published Opinions Affirmed.

426 A.2d 728 Amoco Oil Company, Appellant v. Ross Township Zoning Hearing Board and Ross Township, Appellees. Commonwealth Court of Pennsylvania.Argued November 17, 1980 March 9, 1981. Zoning — Nonconforming use — Expansion — Modernization — Gasoline station — Self-service — Variance. 1. The zoning doctrine that permits the expansion of nonconforming uses accommodates the […]

315 A.2d 678 Reading Tube Corp., Appellant, v. Workmen’s Compensation Appeal Board and James Scull, Appellees. Commonwealth Court of Pennsylvania.Argued February 8, 1974 February 28, 1974. Workmen’s compensation — Loss of hand — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Scope of appellate review — Weight of evidence — […]

400 A.2d 899 Wissahickon School District, Petitioner v. Marvin McKown, Respondent. Marvin McKown, Petitioner v. Wissahickon School District, Respondent. Commonwealth Court of Pennsylvania.Argued March 9, 1979 April 23, 1979. Schools — Dismissal of professional employe — Immorality — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Words and phrases — Substantial […]

537 A.2d 976 In Re: Appeal of Lawrence H. Baird and Rosemarie C. Baird from the Decision of the New Britain Township Zoning Hearing Board. New Britain Township, Appellant. Commonwealth Court of Pennsylvania.Argued December 17, 1987. February 23, 1988. Zoning — Scope of appellate review — Special exception — Burden of proof. 1. In a […]

459 A.2d 1324 Catherine Martire, Irene Keller and Nancy Schnupp, Appellants v. The Zoning Board of Adjustment of the City of Pittsburgh et al., Appellees. Commonwealth Court of Pennsylvania.Argued February 28, 1983 May 11, 1983. Zoning — Special exception — Change of nonconforming use — Detriment to neighborhood — Restaurant — Dancing — Acquiescence — […]

862 A.2d 686 LTS Development, Inc. v. Middle Smithfield Township Board of Supervisors, Appellant. No. 9 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: June 11, 2004. Decided: November 5, 2004. Reargument Denied: December 30, 2004. ORDER NOW, December 30, 2004, having considered appellant’s application for reargument, the application is denied. Richard E. Deetz, Stroudsburg, for appellant. Gerard […]

322 A.2d 750 Henrietta M. Hoover, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued December 7, 1973 July 24, 1974. Unemployment compensation — Unavailability — Conditions on employability — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Credibility — Weight of evidence — Conflicting […]

411 A.2d 569 In the Matter of Employees of Student Services, Inc., Edinboro State College, Edinboro, Pennsylvania. Employees of Student Services, Inc., Edinboro State College, Edinboro, Pennsylvania, Appellants. Commonwealth Court of Pennsylvania.Argued December 4, 1979 February 6, 1980. Public employer — Nonprofit organization — Rent — Grant or appropriation. 1. In order to qualify as […]

362 A.2d 1106 Palmer Township Municipal Sewer Authority, Appellant v. Jack K. Witty and Janet L. Witty, Owner or Owners, or Apparent or Reputed Owner or Owners, or Whoever May Be the Owner or Owners, Appellees. Commonwealth Court of Pennsylvania.Argued April 5, 1976 August 16, 1976. Municipalities — Sewer construction assessment — Benefit to property […]

LINDEN STREET DEVELOPMENT, INC. v. CITY OF SCRANTON. No. 1281CD05.Commonwealth Court of Pennsylvania. March 6, 2006. Appeal from Lackawanna County 2004-CIV-3327. Decision without published opinion. Affirmed.

CITY OF SCRANTON, Appellant v. FIRE FIGHTERS LOCAL UNION NO. 60 OF INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFLCIO. No. 1908 C.D. 2006.Commonwealth Court of Pennsylvania.Argued April 10, 2007. Decided May 8, 2007. Appeal from the Court of Common Pleas, Lackawanna County, No. 05 CIV 3901, Munley, J. Page 546 Kelly M. Ochreiter, Kingston, for appellant. […]

430 A.2d 367 Susquehanna Township Board of Commissioners, Appellant v. Hardee’s Food Systems, Inc., Appellee. Commonwealth Court of Pennsylvania.Argued February 5, 1981 June 4, 1981. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact — Substantial evidence — Conditional use — Burden of proof — Public […]

603 A.2d 708 Robert L. MALONE, Appellant, v. WEST MARLBOROUGH TOWNSHIP BOARD OF SUPERVISORS et al., Appellees. Commonwealth Court of Pennsylvania.Submitted September 20, 1991. Decided February 13, 1992. Reargument Denied April 2, 1992. Appeal from the Court of Common Pleas, Chester County, Nos. 89-06062 and 89-06063, Charles B. Smith, J. Page 467 [EDITORS’ NOTE: THIS […]

438 A.2d 1048 John E. Scheetz and Robert W. Quinn, Appellants v. The Borough of Lansdale et al., Appellees. Commonwealth Court of Pennsylvania.Argued November 19, 1981 January 7, 1982. Municipalities — Summary judgment — The Borough Code, Act of February 1, 1966, P.L. (1965) 1656 — Publication of legislative matters — Purchase of property — […]

638 A.2d 344 LEE HOSPITAL, Appellant, v. CAMBRIA COUNTY BOARD OF ASSESSMENT APPEALS, Cambria County Board of Commissioners, Kathy Lehman Holtzman, Mark J. Wissinger and Ted Baranik and City of Johnstown and School District of Johnstown. Commonwealth Court of Pennsylvania.Argued June 15, 1993. Decided February 8, 1994. Appeal from the Court of Common Pleas, Cambria […]

400 A.2d 1329 Pennsylvania Higher Education Assistance Agency v. Alma J. and John E. Christon. Alma J. Christon, Appellant. Commonwealth Court of Pennsylvania.Argued March 8, 1979 April 20, 1979. Courts — Venue — Pa. R.C.P. Nos. 1006 and 2179 — Student loan — Default — Pennsylvania Higher Education Assistance Agency — Substantial relationship. 1. Under […]

405 A.2d 1133 Richard Kastner, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Defendant. Commonwealth Court of Pennsylvania.Argued March 21, 1979 September 19, 1979. Sovereign immunity — Act of 1978, September 28, P.L. 788 — Ex post facto law — Constitution of Pennsylvania, Article I, Section 17 — Vested rights — Retroactivity. 1. Provisions […]

949 A.2d 981 Zamias v. Warren County Board of Assessment and Revision of Taxes. No. 925CD06.Commonwealth Court of Pennsylvania. April 1, 2008. Appeal from the Warren County 226-2005. Decisions Without Published Opinions Affirmed.

684 A.2d 211 COMMONWEALTH of Pennsylvania v. Thomas DOMIN, Appellant. Commonwealth Court of Pennsylvania.Argued September 10, 1996 Decided October 28, 1996. Appeal from the Common Pleas Court, Luzerne County, No. 2197 of 1995, Podcasy, J. Thomas J. Carlyon, Hazleton, for Appellant. Charles R. Pedri, Hazleton, for Appellee. Before KELLEY and FLAHERTY, JJ., and RODGERS, Senior […]

783 A.2d 891 Sharon Ferrelli, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing Phillip W. Mercer, Sr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. No. 2767 C.D. 2000, 2768 C.D. 2000Commonwealth Court of Pennsylvania.Submitted: July 13, 2001. Filed: September 14, 2001. Page 892 Before: Honorable Dan […]

843 A.2d 438 UPS Worldwide Forwarding, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. UPS Worldwide Forwarding, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. UPS Worldwide Forwarding, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. UPS Worldwide Forwarding, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Nos. 62 F.R. 2001, 63 F.R. 2001, 64 F.R. 2001, 65 F.R. […]

301 A.2d 919 Rice v. A. Steiert Sons, Inc., et al. Commonwealth Court of Pennsylvania.Argued February 5, 1973 March 23, 1973. Workmen’s compensation — Appealable order — Remand — Capricious disregard of competent evidence — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Final receipt — Burden of proof — […]

470 A.2d 1074 Anna M. Pine, Administratrix of the Estate of Edward S. Pine, Deceased v. Joseph P. Synkonis, Jr., et al. Joseph P. Synkonis, Jr, Harold Humbert, Joseph Brocco, Richard Brocco, William Hughes and Clark E. Whitesell, Appellants. Commonwealth Court of Pennsylvania.Argued December 16, 1982 January 11, 1984. Public officials — Qualified immunity — […]

494 A.2d 26 William Gorton and Ronwhen Gorton, Appellants v. Silver Lake Township and Silver Lake Planning Commission, Appellees. Commonwealth Court of Pennsylvania. June 10, 1985. Zoning — Failure to render timely decision — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Defective subdivision application. 1. Deemed approval provisions of the […]

STANTON-NEGLEY DRUG COMPANY, t/d/b/a Stanton-Negley Legend Drug, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 1797 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: February 12, 2008. Decided: February 28, 2008. Page 378 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 379 Monte J. Rabner, […]

402 A.2d 1146 William A. Walz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 11, 1979 June 29, 1979. Unemployment Compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Substantial evidence — Conflicting evidence — Possession of beer on employer’s […]

878 A.2d 985 Christopher HEFFRAN, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent. No. 2210 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 22, 2005. Decided: July 15, 2005. Page 986 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 987 Christopher Heffran, petitioner, pro […]