Category: Pennsylvania Superior Court Opinions

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. […]

Lazar v. Borough of West Mifflin ex rel. Comm. of PA. No. 1458CD06.Commonwealth Court of Pennsylvania. April 24, 2007. Appeal from the Allegheny County SA 05-2158. Decision without Published Opinions Affirmed.

276 A.2d 579 Township of Lower Yoder v. Lester J. Weinzierl, et ux. Commonwealth Court of Pennsylvania.Argued February 16, 1971 April 22, 1971. Zoning — Zoning appeals — Scope of review — Natural expansion of nonconforming uses. 1. In zoning appeals, where evidence is taken by a court of common pleas which makes findings of […]

442 A.2d 398 George W. Chmiel, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Jandy Coal Company, Respondents. Commonwealth Court of Pennsylvania.Argued February 4, 1982 March 15, 1982. Workmen’s compensation — Attorney fees — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Reasonableness of contest — Total disability […]

M B INN PARTNERS, INC., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PETRIGA), Respondent. No. 1201 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs November 21, 2007. Decided January 18, 2008. Appeal from the Workers’ Compensation Appeal Board, No. A06-2353. Page 1256 William E. Wyatt, Jr., Scranton, for petitioner. Thomas M. Marsilio, Wilkes-Barre, for respondent. BEFORE: McGINLEY, […]

The Pennsylvania Horticultural Society v. Colon. Nos. 154CD08, 301CD08.Commonwealth Court of Pennsylvania. February 6, 2009. Appeal from the Philadelphia County 381 Oct. Term 2005 2990 Feb. Term 2005 3643 July Term 2006. Decisions Without Published Opinions Affirmed, Vacated and Remanded.

367 A.2d 730 Workmen’s Compensation Appeal Board and Miriam A. Gardner v. Hickory Farms of Ohio and Liberty Mutual Insurance Company, Appellants. Commonwealth Court of Pennsylvania.Argued December 6, 1976 December 27, 1976. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Course of employment — To and from work […]

400 A.2d 918 Alma Dudnick, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Hansen-Young Paper Corp., Respondents. Commonwealth Court of Pennsylvania.Argued February 8, 1979 April 30, 1979. Workmen’s compensation — Heart attack — Causation — Medical testimony — Conflicting testimony — Depositions — Credibility — Findings of fact — Substantial evidence. 1. Unequivocal […]

536 A.2d 463 Robert Thomas Merryman and his Insurance Carrier, Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Adam), Respondents. Commonwealth Court of Pennsylvania. January 20, 1988. Workers’ compensation — Employment — Awards against two parties for single injury — Remand. 1. It is error for workers’ compensation authorities to grant […]

408 A.2d 201 Pennypack Woods Home Ownership Association, Appellant v. Paul Dahlberg, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1979 November 21, 1979. Action in ejectment — Membership in housing association — Lanham Act, 42 U.S.C. § 1521 — Termination of membership — Failure to exhaust administrative remedies — Procedural requirements of association by-laws — […]

The TIMES LEADER, a Division of Cypress Media, Inc., Appellant v. HAZLETON POLICE CIVIL SERVICE COMMISSION and The City of Hazleton. No. 2518 C.D. 2005.Commonwealth Court of Pennsylvania.Argued September 14, 2006. Decided October 12, 2006. Appeal from the Court of Common Pleas, Luzerne County, No. 3760 of 2005, Conahan, J. Page 435 Ralph E. Kates, […]

372 A.2d 1243 In Re: Abington Township Proposed Sewer Construction in Old Valley Road, Susquehanna Street, Washington Lane et al. Samuel S. Persky and Gloria R. Persky, his wife et al., Appellants. Commonwealth Court of Pennsylvania.Argued April 6, 1977 May 3, 1977. Municipalities — Sewer construction — First Class Township Code, Act 1931, June 24, […]

Ming Luen HUI v. The CITY OF PHILADELPHIA PARKING AUTHORITY, Appellant. No. 1186 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 14, 2006. Filed December 29, 2006. Appeal from The Court of Common Pleas, Philadelphia County, 4893 of October Term 2005, Glazer, J. Page 995 Andrew A. Chirls, Philadelphia, for appellant. James Stevens Sell, Philadelphia, for appellee. […]

426 A.2d 724 Blue Mountain Consolidated Water Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued December 10, 1980 March 6, 1981. Public utilities — Increase in operating revenues — Scope of appellate review — Ex parte conversations — Income taxes — Capital structure — Managerial abuse — Unusual capital expenses — […]

402 A.2d 272 Edward A. Bresch, Jr. and Patricia R. Bresch, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. Commonwealth Court of Pennsylvania. May 18, 1979. Pennsylvania Liquor Control Board — Revocation of liquor license — Liquor Code, Act 1951, April 12, P.L. 90 — Violations by officers, servants, agents or employes of […]

SMALL v. CAMPBELL. No. 348CD05.Commonwealth Court of Pennsylvania. July 21, 2005. Appeal from York County 2004-SU-00308-Y01. Decision without published opinion. Affirmed.

860 A.2d 593 Roy C. Pinto, Petitioner v. Civil Service Commission, Respondent. No. 2070 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: March 3, 2004. Filed: September 14, 2004. Order Filed: November 19, 2004. Reconsideration Denied: November 19, 2004. Page 594 Thomas W. Jennings, Philadelphia, for petitioner. Karen D. Wood, Harrisburg, for respondent. BEFORE: COLINS, President Judge, SMITH […]

452 A.2d 108 William C. Lawrence, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1982 November 9, 1982. Civil service — Administrative Agency Law, 2 Pa. C. S. § 704 — Scope of appellate review — Sex discrimination — Demotion. 1. The scope of review of […]

580 A.2d 431 The BOROUGH OF MEDIA and PMA Insurance Company, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (DORSEY), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs July 6, 1990. Decided August 30, 1990. Appeal from the Workmen’s Compensation Appeal Board No. A-97306. Page 574 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

676 A.2d 727 Kelly A. SCHROEDER, Individually and as Administratrix of the Estate of Gary H. Schroeder, Appellant, v. DEPARTMENT OF TRANSPORTATION OF the COMMONWEALTH OF PENNSYLVANIA, Navistar International Transportation Corp., a/k/a International Harvester Co., and Sheets Truck Center, Inc. Commonwealth Court of Pennsylvania.Argued March 11, 1996. Decided April 22, 1996. Reargument Denied June 10, […]

511 A.2d 268 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Daniel H. Siegert, Appellee. Commonwealth Court of Pennsylvania. June 24, 1986. Motor vehicles — Licensing — Suspension — Vehicle Code, 75 Pa. C. S. § 1547(a) — Chemical test — Consent — Refusal — Breathalyzer — Burden of proof. 1. […]

Klieforth v. Washington. No. 2371CD10.Commonwealth Court of Pennsylvania. July 12, 2011. Appeal from the Philadelphia County 3239 Jan. Term 2008. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

441 A.2d 510 City of Beaver Falls, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. City of Beaver Falls, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1981 February 25, 1982. Unemployment compensation — Burden of proof — Willful misconduct — Residency Ordinance […]

Moore v. The School District of Philadelphia. No. 1598 C.D. 09.Commonwealth Court of Pennsylvania. June 14, 2010. Appeal from the Philadelphia County 1922 Dec. Term 2007. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

526 A.2d 464 Donald Saber and Jane Saber, his wife, et al. v. The Zoning Hearing Board of The Borough of Roaring Spring. News Printing Company of Roaring Spring, Appellant. Commonwealth Court of Pennsylvania.Argued April 20, 1987. May 29, 1987. Zoning — Scope of appellate review — Error of law — Abuse of discretion — […]

613 A.2d 147 Charles T. ASKEW, Luzerne County Commissioners and County of Luzerne, Petitioners, v. Mark CRUCIANI and Jacqueline B. Cruciani, Co-Administrators of the Estate of Baby Cruciani, Deceased, Respondents. Commonwealth Court of Pennsylvania.Argued April 9, 1992. Decided July 23, 1992. Appeal from the Court of Common Pleas, Lackawanna County, No. 89-Civil-4642, Carlon O’Malley, J. […]

621 A.2d 1236 Richard WASIOLEK, Appellant, v. CITY OF PHILADELPHIA and Orville W. Jones, Personnel Director and Edward G. Rendell, District Attorney. Commonwealth Court of Pennsylvania.Argued February 4, 1993. Decided March 2, 1993. Appeal from the Common Pleas Court, Philadelphia County, 3218 May Term 1984, Lisa A. Richette, J. Page 648 Michael J. Malloy, for […]

380 A.2d 514 In Re: Condemnation By The Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 02302, Section 2 R/W, and Legislative Route 246 Spur, Section 13 R/W, Limited Access Highways, in Ross and McCandless Townships. WWSW Radio, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued November […]

387 A.2d 1324 Nancy M. Barillaro, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Nancy Fotia, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1978 June 26, 1978. Unemployment compensation — Refusal of suitable work — Good cause — Burden of proof — […]

WHITE DEER RUN, INC. v. ZONING HEARING BOARD OF LYNN TOWNSHIP. No. 800CD05.Commonwealth Court of Pennsylvania. October 12, 2005. Appeal from Lehigh County, 2004-C-3516. Decision without published opinion. Affirmed.

593 A.2d 4 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 13, AFL-CIO, by its Trustee Ad Litem, Edward J. KELLER, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1990. Decided June 5, 1991. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-4-84-107-E. Page 353 Stuart W. Davidson, […]

722 A.2d 1129 TRI-STATE TRANSFER COMPANY, INC., Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION TINICUM TOWNSHIP, and ECO, INC., Respondents. TINICUM TOWNSHIP, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1998. Filed January 8, 1999. Page 1130 Appeal from No. 55 C.D. 1998. Appeal from No. 291 C.D. 1998. Barry W. […]

534 A.2d 853 Robert Bayush, Petitioner v. Workmen’s Compensation Appeal Board (Conemaugh Township), Respondents. Commonwealth Court of Pennsylvania. December 14, 1987. Workmen’s compensation — Referee — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Subrogation — Equitable estoppel — Burden of proof — Accord and satisfaction — Consideration. 1. The […]

531 A.2d 1172 Centre Area Transportation Authority, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. October 6, 1987. Unemployment compensation — Refusal of suitable work — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Posting […]

392 A.2d 330 Estate of Samuel Lerner, Deceased, Sidney S. Lerner, M.D., Administrator, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Philadelphia Psychiatric Center and Pennsylvania Manufacturers’ Association Insurance Company, Respondents. Commonwealth Court of Pennsylvania.Argued September 15, 1978 October 17, 1978. Workmen’s compensation — Decision of the Commonwealth Court of Pennsylvania — New evidence […]

373 A.2d 1158 Robert J. Miorelli and Louise Miorelli, his wife, Leo Corazza, M.D. and Mary Corazza, his wife v. The Zoning Hearing Board of Hazleton, Joseph Thomas and Elizabeth Thomas, his wife, and Joseph Sando. Joseph Thomas and Elizabeth Thomas, Appellants. Joseph Sando v. The Zoning Hearing Board of Hazleton et al. Joseph Thomas […]

517 A.2d 1031 L.E. Smith Glass Company and Northwestern National Insurance Company, Petitioners v. Workmen’s Compensation Appeal Board (Hoyman), Respondents. Commonwealth Court of Pennsylvania. November 18, 1986. Workmen’s compensation — Chest pains — Heart disease — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736. 1. When chest pains attributable to arteriosclerotic […]

414 A.2d 447 Mary C. Rawling, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Pittsburgh Board of Education, Respondents. Commonwealth Court of Pennsylvania.Argued March 10, 1980 May 15, 1980. Workmen’s compensation — Notice — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736. 1. Where a workmen’s compensation claimant does not […]

641 A.2d 32 Stuart HIRSCH and Velma Hirsch, v. The ZONING HEARING BOARD OF THE BOROUGH OF FOX CHAPEL and the Borough of Fox Chapel and William P. and Christine M. Voegele, husband and wife Appeal of William P. and Christine M. VOEGELE, husband and wife, Appellants. Commonwealth Court of Pennsylvania.Argued March 1, 1994. Decided […]

483 A.2d 1063 Liberty Bell Racing Association v. City of Philadelphia Tax Review Board. Liberty Bell Racing Association v. School District of Philadelphia. City of Philadelphia, Tax Review Board and School District of Philadelphia, Appellants. Commonwealth Court of Pennsylvania.Argued April 3, 1984 November 13, 1984. Taxation — Local mercantile license tax — Local general business […]

420 A.2d 760 In Re: Vacation of Hain Avenue, Swatara Township, Lebanon County, Pennsylvania. Swatara Township, Appellant. Commonwealth Court of Pennsylvania.Argued June 5, 1980 September 29, 1980. Streets — Vacation of streets — Property owner — Second Class Township Code, Act 1933, May 1, P.L. 103 — Cul-de-sac. 1. Because the written notice required by […]

424 A.2d 953 In Re: Annexation to the Borough of West Alexander of a Portion of Donegal Township by the Town Council. The Borough of West Alexander, Appellant. Commonwealth Court of Pennsylvania.Argued November 20, 1980 December 30, 1980. Annexation — Scope of appellate review — Credibility — initiative and referendum. 1. The scope of review […]

436 A.2d 1075 Township of Coal, Appellant v. Helen Berthelsen Willis, Appellee. Commonwealth Court of Pennsylvania.Argued September 18, 1981 November 13, 1981. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Variance — Burden of proof — Unnecessary hardship — Side yard requirements. 1. In a zoning case where […]

578 A.2d 580 The CITY COUNCIL OF the CITY OF HAZLETON, Pennsylvania et al., Appellants, v. The CITY OF HAZLETON, Pennsylvania, et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 2, 1990. Decided July 23, 1990. Reargument Denied September 12, 1990. Appeal from the Court of Common Pleas, Luzerne County, Bernard J. Podcasy, J., No. 18-E […]

312 A.2d 458 Penn Sanitation Co. and Liberty Mutual Insurance Co., Insurance Carrier, Appellants v. Charlotte Ann Hoskins, Appellee. Commonwealth Court of Pennsylvania.Argued October 5, 1973 November 15, 1973. Workmen’s compensation — Death benefits — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Widow — Substantial portion of support — […]

955 A.2d 478 ALBERT EINSTEIN HEALTHCARE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (STANFORD), Respondent. No. 2189 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 4, 2008. Decided: August 4, 2008. Page 479 Christine Z. Papa, Philadelphia, for petitioner. Thomas More, Holland, Philadelphia, for respondent. BEFORE: LEADBETTER, President Judge, COHN JUBELIRER, Judge, and KELLEY, Senior Judge. […]

713 A.2d 706 JOHN NICHOLS, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (RAMSEY CONSTRUCTION and MOTORISTS MUTUAL INSURANCE CO.), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs March 20, 1998. Decided June 3, 1998. Appeal from Workers’ compensation Board, No. A96-0526. Page 707 Richard S. Belkin, Pittsburgh, for petitioner. No appearance entered for respondents. Before COLINS, President […]

613 A.2d 51 PENNSYLVANIA MEDICAL PROVIDERS ASSOCIATION, Pennsylvania Osteopathic Medical Association, Arnold Sadwin, M.D., Jack A. Danton, D.O., Paul Sedacca, M.D., Jenkintown Orth-Medics, Inc., Petitioners, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania, and Ernest Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued November 21, 1991. […]

580 A.2d 931 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. David James WILLIAMS, Appellee. Commonwealth Court of Pennsylvania.Submitted August 3, 1990. Decided October 4, 1990. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 023-89, Alan S. Penkower, J. Page 397 William A. Kuhar, Jr., Asst. Counsel, with […]

387 A.2d 134 In re: Appeal of Hoffman Tire, Inc. and Upper Hanover Township Industrial Development Authority from a determination of the real estate assessment for the tax year 1974. Hoffman Tire, Inc. and Upper Hanover Township Industrial Development Authority, Appellants. Commonwealth Court of Pennsylvania.Argued April 3, 1978 May 19, 1978. Taxation — Real estate […]

460 A.2d 1240 David L. Ellis, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 13, 1983. Unemployment compensation — Absences — Wilful misconduct. 1. Justified absences properly reported do not constitute wilful misconduct, but habitual absences particularly after warnings and coupled with unexcused tardiness can constitute wilful […]

308 A.2d 909 Industrial Valley Bank Trust Co. and Reliance Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Nathaniel Anderson, Appellees. Commonwealth Court of Pennsylvania.Argued May 10, 1973 August 14, 1973. Workmen’s compensation — Casual employment — Regular course of employer’s business — Conflicting decisions — New board — Remand. 1. Where […]

561 A.2d 841 NORMAN ASHTON KLINGER ASSOCIATES, P.C., Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Argued June 8, 1989. Decided June 30, 1989. Appeal from the Unemployment Compensation Board of Review. Page 294 Norman Ashton Klinger, Norman Ashton Klinger Associates, P.C., Norristown, pro se. No appearance for respondent. […]

437 A.2d 784 A. Frederick Boehm, Jr. et al. v. Willis Barnes, trading and doing business as Barnes Real Estate Company. Scottdale Bank Trust Company, formerly Scottdale Savings Trust Company, Appellant. A. Frederick Boehm, Jr. et al. v. Willis Barnes, trading and doing business as Barnes Real Estate Company. A. Frederick Boehm, Jr. and Raymond […]

442 A.2d 395 Farmland Industries, Inc., t/d/b/a Turkey Hill Minit Markets, Inc., Appellant v. Zoning Hearing Board of Pequea Township, Appellee. Commonwealth Court of Pennsylvania.Argued December 17, 1981 March 12, 1982. Zoning — Farm products — Special exception. 1. When a zoning ordinance does not define the term farm products, it must be construed according […]

338 A.2d 789 Joseph R. Flood and John J. Donatucci, Appellants (below), v. Zoning Hearing Board of Hampden Township, Appellees (below), and Loy T. Hempt and Margaret R. Hempt, Appellees-Intervenors (below), Appellants herein, and The Township of Hampden, Intervenor. Loy T. and Margaret R. Hempt, Appellants. Commonwealth Court of Pennsylvania.Argued February 5, 1975 June 3, […]

760 A.2d 921 ROSALIE MELLON and DENNIS MELLON, her husband v. CITY OF PITTSBURGH ZOO, Appellant. No. 1845 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: February 11, 1999. Filed: October 13, 2000. Virginia Spencer Scott, Pittsburgh, for appellant. Page 922 Kim A. Bodnar, Pittsburgh, for appellees. Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Rochelle […]

400 A.2d 1321 Columbia Gas of Pennsylvania, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued March 6, 1979 April 19, 1979. Pennsylvania Public Utility Commission — Rate increase request — Fair value of property — Original cost — Sufficiency of findings — Remand. 1. When the Pennsylvania Public Utility Commission in […]

DEPARTMENT OF LABOR INDUSTRY, BUREAU OF WORKERS’ COMPENSATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ETHAN-ALLEN ELDRIDGE DIVISION and St. Paul Travelers Insurance Company), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs: December 19, 2008. Decided: May 6, 2009. Appeal from the Workers’ Compensation Appeal Board, No. A07-2647. Page 1269 Jennifer M. Irvin, Asst. Counsel, Pittsburgh, for […]

487 A.2d 103 Clemson Corporation, a corporation, Appellant v. McKeesport Area School District, a municipal corporation, Appellee. Commonwealth Court of Pennsylvania.Argued November 13, 1984 February 1, 1985. Schools — Public School Code of 1949, Act of March 10, 1949, P.L. 30 — Bids — Specifications. 1. Under the Public School Code of 1949, Act of […]

839 A.2d 1196 Arlene and Joseph Mercurio, India and Steve Loevner, Timothy J. Sullivan, Jr., Robert Silber, Melanie Pallone, Joseph Pugach, Virginia and Dr. Paul Taylor, Andrew Washburn and Kathy McCauley, Robert H. Mullen and Citizens For Pennsylvania’s Future, Appellants v. Allegheny County Redevelopment Authority, Allegheny County, Allegheny County Council, Orix-Woodmont Deer Creek I Venture, […]

576 A.2d 1151 BOARD OF PENSIONS AND RETIREMENT OF the CITY OF PHILADELPHIA, Appellant, v. Carmen CHRISTY, Appellee. BOARD OF PENSIONS AND RETIREMENT OF the CITY OF PHILADELPHIA, Appellant, v. Albert MAZZO and John Anderson, Appellees. Albert MAZZO and John Anderson, Appellants, v. BOARD OF PENSIONS AND RETIREMENT OF the CITY OF PHILADELPHIA, Appellee. Carmen […]

660 A.2d 131 Stanley Richard MOROZ, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs February 17, 1995. Decided May 3 1995. Appeal from the order of Board of Probation and Parole, No. 3910F. Suzanne M. Swan, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. Before PELLEGRINI […]

FIRST UNION NATIONAL BANK, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 2005. Decided October 20, 2005. Appeal from the Board of Finance and Review. No. 0014721. Lee A. Zoeller, Philadelphia, for petitioner. Page 113 Michael A. Roman, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: COLINS, President Judge, and McGINLEY, […]

483 A.2d 577 Vincent Arena, Petitioner v. Workmen’s Compensation Appeal Board (Packaging Systems Corp.), Respondents. Commonwealth Court of Pennsylvania.Argued September 10, 1984 October 24, 1984. Workmen’s compensation — Referee — Scope of appellate review — Burden of proof — Medical testimony — Capricious disregard of competent evidence. 1. A workmen’s compensation referee’s function is to […]

305 A.2d 918 Pliscott, et al. v. Dumble, et al. Commonwealth Court of Pennsylvania.Argued May 10, 1973 June 20, 1973. Workmen’s compensation — Burden of proof — Final receipt — Clear and convincing evidence — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Limitation of actions — […]

468 A.2d 533 Commonwealth of Pennsylvania, Pennsylvania State Police, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 15, 1983 December 9, 1983. Unemployment compensation — Pennsylvania State Police — Probationary member — Wilful misconduct — Burden of proof — Scope of appellate review — Investigative reports — […]

760 A.2d 473 BEVERLY POWELL v. HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, Appellant. No. 3073 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: June 5, 2000. Filed: August 30, 2000. Page 474 Thomas M. Hardiman, Pittsburgh, for appellant. Richard S. Matesic, Pittsburgh, for appellee. Before: Honorable Bernard L. McGinley, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Samuel […]

663 A.2d 868 James K. FORDHAM, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs July 14, 1995. Decided: August 16, 1995. Appeal from the Court of Common Pleas of Northampton County, No. 1993-C-8742, Freedberg, J. Page 869 Mildred A. Molino, for appellant. Timothy P. Wile, […]

333 A.2d 822 The Board of Supervisors of College Township, Appellant, v. Centre Hills County Club and Centre Hills Realty, Inc., Appellees. Commonwealth Court of Pennsylvania.Argued February 4, 1975 March 19, 1975. Zoning — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Words and phrases — Planned residential development — Common open […]

455 A.2d 759 Alvena Jerrell, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania. February 8, 1983. Public assistance — Emergency shelter expense — Burden of proof. 1. A public assistance recipient who applies for an emergency shelter expense bears the burden of proving that she was eligible for the […]

782 A.2d 635 Allentown School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education and Eugene W. Hickok, Secretary of Education for the Commonwealth of Pennsylvania, Respondents. No. 77 M.D. 2001.Commonwealth Court of Pennsylvania.Argued: June 4, 2001. Filed: August 20, 2001. Page 636 Before: Honorable James Gardner Colins, Judge; Honorable Bernard L. Mcginley, Judge; Honorable […]

281 A.2d 93 Clemens et al. v. Upper Gwynedd Township Zoning Hearing Board. Commonwealth Court of Pennsylvania.Argued June 3, 1971 August 26, 1971. Zoning — Appeals — Notice — Timeliness — Judicial review — Consideration of issues not noted in appeal notice — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___, No. […]

402 A.2d 573 In Re: Condemnation by the Commonwealth of Pennsylvania Acting by and through the Department of General Services of the Properties of Ralph E. Gross et al. Paul Moyer, Jr. and Esther S. Moyer, his wife, Appellants. Commonwealth Court of Pennsylvania.Argued March 8, 1979 June 27, 1979. Argued March 8, 1979, before Judges […]

284 A.2d 820 Marietta Borough v. East Donegal Township. Commonwealth Court of Pennsylvania.Argued November 3, 1971 December 16, 1971. Annexation — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Second Class Township Code, Act 1933, May 1, P. L. 103 — Payment for public property and improvements — Irreconcilable statutes — […]

465 A.2d 716 Cornelius Hamm, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 19, 1983. Unemployment compensation — Questions not properly raised — Wilful misconduct — Insanity. 1. The Commonwealth Court of Pennsylvania cannot consider on appeal a defense of insanity raised to meet findings of wilful […]

578 A.2d 56 The BOROUGH OF EMPORIUM, Appellant v. KEYSTONE AIRPORT AUTHORITY, an unincorporated association by Richard Sanderson, trustee ad litem, Appellee. The BOROUGH OF EMPORIUM, Appellant v. KEYSTONE AIRPORT AUTHORITY, an unincorporated association by Richard Sanderson, Trustee ad litem, Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1990. Decided July 9, 1990. Reargument Denied August […]

686 A.2d 843 James L. SNYDER, Petitioner v. STATE ETHICS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1996. Decided December 18, 1996. Appeal from State Ethics Commission (SEC), Order No. 979-2. Page 844 Girard E. Rickards, Harrisburg, for petitioner. John J. Contino, Executive Director, Harrisburg, for respondent. Before PELLEGRINI and FRIEDMAN, JJ., KELTON, Senior […]

552 A.2d 336 Russell W. Seilhamer, Petitioner v. Workmen’s Compensation Appeal Board (Berwind Railway Service Company), Respondents. Commonwealth Court of Pennsylvania. December 29, 1988. Workers’ compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Petition to suspend — Petition to terminate […]

339 A.2d 911 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Ruth Scally, Widow of Robert Scally, deceased, v. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued June 3, 1975 June 25, 1975. Workmen’s compensation — Occupational disease — Anthracosilicosis — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

363 A.2d 833 Julia Weingrad, w/o Leon, Deceased, and Barbara Weingrad, w/o Leon and Natural Guardian for Michael Aaron Weingrad v. Byberry State Hospital. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania. Julia Weingrad and Barbara Weingrad, Appellants. Commonwealth Court of Pennsylvania.Argued June 10, 1976 September 15, 1976. Workmen’s compensation — Assault by third […]

527 A.2d 586 James L. Kealy, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 23, 1987. June 11, 1987. Civil service — Civil Service Act, Act of August 5, 1941, P.L. 752 — Back pay — Scope of appellate review — Abuse of discretion — Culpability of employe […]

468 A.2d 1143 Walter W. Cohen, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. UGI Corporation — Gas Utility Division, Intervenor. UGI Corporation — Gas Utility Division, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Bethlehem Steel Corporation et al., Intervenors. UGI Corporation — Gas Utility Division, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Office […]

320 A.2d 391 Lakelands Racing Association, Inc., Appellant, v. Fairview Township, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1974 May 20, 1974. Taxation — Amusement tax — The Local Tax Enabling Act, Act 1965, December 31, P. L. 1257 — State preemption — Subject matter — Tax base — Legislative intent — Statutory Construction Act […]

520 A.2d 895 First National Bank of Fredericksburg, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1986 January 27, 1987. Taxation — Single Excise Tax — Act of December 1, 1983, P.L. 228 — Banks — Due process — Refund — Legislature. 1. The Single Excise Tax of the Act of […]

316 A.2d 665 Charles G. Sweet, Richard DiSalle, Alexander R. Curran, Thomas D. Gladden, Paul A. Simmons, Judges of the Court of Common Pleas of the 27th Judicial District, Appellants, v. Pennsylvania Labor Relations Board, County of Washington, Michael R. Flynn, Frank Jones and Edward Paluso, County Commissioners, Peter Elish, County Controller, and Service Employees […]