Category: Pennsylvania Superior Court Opinions

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 […]

875 A.2d 1243 Norfolk Southern Railway Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. No. 2342 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: April 4, 2005. Order Filed: June 10, 2005. BEFORE: COLINS, President Judge; FRIEDMAN, Judge; JUBELIRER, Judge. OPINION BY JUDGE FRIEDMAN. Norfolk Southern Railway Company (Norfolk) petitions for review of the October 5, 2004, order […]

704 A.2d 198 Ryan David GEITGEY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1997. Decided December 31, 1997. Appeal from the Court of Common Pleas, Mercer County, No. 1996-2056, Stranahan, J. Page 199 Harold H. Cramer, King of Prussia, for appellant. Douglas E. Straub, […]

528 A.2d 268 The Bell Telephone Company of Pennsylvania, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 25, 1987. June 19, 1987. Pennsylvania Public Utility Commission — Telephone rates — Scope of review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Inside […]

465 A.2d 130 John M. Sewell, Appellant v. Morton B. Solomon et al., Appellees. Commonwealth Court of Pennsylvania. September 15, 1983. Labor — Access to personnel files — Act of November 26, 1978, P.L. 1212 — Mandamus — Statutory remedy. 1. Mandamus lies only where there is want of any other adequate and specific remedy, […]

398 A.2d 236 Theodore R. Hughes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1978 February 28, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Reasonable work request — Reasonableness of refusal. 1. An employe discharged […]

726 A.2d 444 OLD REPUBLIC INSURANCE COMPANY, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (MASCOLO), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 15, 1998. Filed March 15, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-0361. Page 445 Terry L. M. Bashline, Pittsburgh, for petitioner. Michael A. Johnson, Mt. Pleasant, for respondent. BEFORE: DOYLE, […]

LAMAR WEST, L.P. v. MUNICIPALITY OF MONROEVILLE ZONING HEARING BOARD. No. 122CD05.Commonwealth Court of Pennsylvania. July 29, 2005. Appeal from Allegheny County SA 04-0099. Decision without published opinion. Affirmed. Page 1274

529 A.2d 546 Allright Auto Parks, Inc., Appellant v. Zoning Board of Adjustment of City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania. July 16, 1987. Zoning — Minimum height requirement — Ordinance interpretation — Administrative recommendations. 1. Provisions of the Philadelphia Code establishing special controls for the center city commercial area and establishing minimum height […]

547 A.2d 870 Children’s Hospital of Philadelphia, Petitioner v. Workmen’s Compensation Appeal Board (Washington), Respondents. Commonwealth Court of Pennsylvania. September 23, 1988. Workers’ compensation — Petition to set aside final receipt — Burden of proof — Unequivocal medical testimony — Reinstatement of benefits — Recurrence — Conflicting testimony — Substantial evidence. 1. A claimant seeking […]

950 A.2d 398 The Colony Park Co. v. WD North Huntingdon Investors, Ltd. No. 1344CD07.Commonwealth Court of Pennsylvania. May 15, 2008. Appeal from the Westmoreland County 1161 of 2006. Decisions Without Published Opinions Affirmed.

477 A.2d 583 Ann Jurkiewicz, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 8, 1984. Unemployment compensation — Refusal of suitable employment — Good cause — Child care — Good faith — Desire for part-time work — Remand. 1. Although a determination of whether good cause exists […]

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, […]

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 […]

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.

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.

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 […]

Cunius v. Board of Assessment Appeals of Chester County. No. 1417CD08.Commonwealth Court of Pennsylvania. June 4, 2009. Appeal from the Chester County 07-04315. Decisions Without Published Opinions Affirmed.

852 A.2d 1286 Tong Kan, Petitioner v. Workers’ Compensation Appeal Board (Budd Company), Respondent. No. 386 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: May 7, 2004. Filed: July 1, 2004. Paul Auerbach, Merion, for petitioner. Jane A. Lombard, Philadelphia, for respondent. BEFORE: COLINS, President Judge; SIMPSON, Judge; JIULIANTE, Senior Judge. Page 1287 OPINION BY JUDGE SIMPSON. Tong […]

494 A.2d 506 Wilson Area Education Association and Huldah K. Anderson, Appellants v. Wilson Area School District, Appellee. Wilson Area School District, Appellant v. Wilson Area Education Association and Huldah K. Anderson, Appellees. Commonwealth Court of Pennsylvania.Argued April 11, 1985 June 18, 1985. Labor relations — Schools — Professional employees — Dismissal — Scope of […]

Case v. Hazleton Area Educational Support Personnel Association. No. 2241CD07.Commonwealth Court of Pennsylvania. July 25, 2008. Appeal from the Luzerne County 3371 of 2005. Decisions Without Published Opinions Affirmed.

647 A.2d 653 HONEY BROOK WATER COMPANY, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 11, 1994. Decided August 25, 1994. Appeal from the Public Utility Commission (PUC), No. C-923972. Page 141 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

740 A.2d 741 JOEL SCHER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA AND COMPSERVICES, INC.), Respondents No. 2526 C.D. 1998Commonwealth Court of Pennsylvania.Submitted: March 19, 1999 Filed: September 23, 1999 Reargument Denied December 3, 1999. Appealed from the Commonwealth Court, No. 2526 C.D. 1998, Mirarchi, Jr., Senior Judge. Page 742 Gregory J. Boles […]

510 A.2d 841 Benjamin B. Horsley, Appellant v. Philadelphia Board of Pensions and Retirement and City of Philadelphia, Appellees. Commonwealth Court of Pennsylvania.Argued April 8, 1986 May 30, 1986. Retirement — Termination of pension benefits — Ordinance provisions — Disqualification — Employe status — Vested rights — Express contractual duty of faithfulness — Adjudication — […]

402 A.2d 1085 M.E.J., Inc., a Pennsylvania Corporation, and Joseph Rivlin and Emanuel Rivlin, Appellants v. The Township of West Pottsgrove, Appellee. Commonwealth Court of Pennsylvania.Argued April 5, 1979 May 23, 1979. Equity — Highways — Abandonment of public road — Improper opening — Sufficient evidence. 1. Where evidence supports findings of a chancellor in […]

382 A.2d 148 Edward F. Kavanagh, Huston T. Adams and Robert M. Abernethy, Appellants v. London Grove Township et al., Appellees. Commonwealth Court of Pennsylvania.Argued December 7, 1977 February 1, 1978. Zoning — Exclusionary zoning — Sanitary landfills — Municipally owned landfills — The Second Class Township Code, Act 1933, May 1, P.L. 103 — […]

Venango Cty Tax Claim Bureau v. Henderson. No. 1150CD10.Commonwealth Court of Pennsylvania. July 28, 2011. Appeal from the Venango County 506-2010. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed. Page 470

869 A.2d 35 Francis Swartz, Petitioner v. Workers’ Compensation Appeal Board (Cheltenham York Road Nursing Rehabilitation), Respondent. No. 2135 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: December 10, 2004. Filed: February 24, 2005. Page 36 BEFORE: McGINLEY, Judge; JUBELIRER, Judge; FLAHERTY, Senior Judge. OPINION BY JUDGE COHN JUBELIRER. Francis Swartz (Claimant) appeals from an order of the […]

649 A.2d 1003 Mildred SMITH, Administratrix of the Estate of Shawn P. Smith, Deceased, Appellant, v. Darnell Ellis STRIBLING; John Stribling and Beverly Stribling, his wife, Borough of Mount Oliver and Patrick Z. Mooney. Commonwealth Court of Pennsylvania.Argued June 9, 1994 Decided October 26, 1994. Reargument Denied December 21, 1994. Appeal from the Common Pleas […]

663 A.2d 290 EDWIN L. HEIM COMPANY and PMA Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (REEVER), Respondent. I.B. ABEL, INC., and Edwin L. Heim Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (REEVER), Respondent. Commonwealth Court of Pennsylvania.Argued: April 6, 1995. Decided: August 4, 1995. Appeal from the Workmen’s Compensation Appeal Board, No. A92-2561, […]

835 A.2d 877 Bertram Schmidt, Petitioner v. Workers’ Compensation Appeal Board (Pepsi Cola Company and Kemper Insurance Company), Respondents. No. 707 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: July 11, 2003. Filed: November 17, 2003. George R. Szymanski, Philadelphia, for petitioner. Jack T. Ribble, Jr., Philadelphia, for respondent. BEFORE: COLINS, President Judge; LEAVITT, Judge; KELLEY, Senior Judge. […]