Case law

Pennsylvania State Troopers Ass'n v. Pennsylvania Labor Relations Board

761 A.2d 645 · Commonwealth Court of Pennsylvania · Nov 6, 2000

As a result, PSTA failed to establish that the Commonwealth’s action rose to the level of a statutory unfair labor practice. … Although promotions in place are discretionary under the Agreement, they are discretionary only insofar as they are offered to individuals who qualify on the promotion list.

Painter v. Pennsylvania Public Utility Commission

116 A.3d 749 · Commonwealth Court of Pennsylvania · May 8, 2015

Moreover, as the party filing the complaint with the Commission, Customers had the burden of establishing that Aqua’s DSIC billing practices violate the terms of its tariff. … In other words, each quarterly change to Aqua’s DSIC rate does not become effective until one to four months after the DSIC-qualified plant has been in service.

Pennsylvania Department of Banking v. NCAS of Delaware, LLC

931 A.2d 771 · Commonwealth Court of Pennsylvania · Jul 31, 2007

Under Cash Advance Centers’ new line of credit product, a $500 credit line is provided to qualifying Pennsylvania borrowers. … Instead, the Amici assert that this action was brought pursuant to the Department’s police power "to enforce the interest rate limits established by the CDCA and LIPL against a lender clearly operating in the Commonwealth

Aurand v. State Civil Service Commission

768 A.2d 353 · Commonwealth Court of Pennsylvania · Dec 1, 2000

Clearly, Aurand has not been removed- or demoted from his position. He has not been removed because he is still a member of the classified service. … In addition, Aurand’s Appeal Request fails to establish that he has moved from his position of Information Technology Manager 2 to another position. 6 Therefore, the Appeal Request does not establish that Aurand was reassigned

Smith v. Pennsylvania Employees Benefit Trust Fund

894 A.2d 874 · Commonwealth Court of Pennsylvania · Mar 16, 2006

PEBTF does not qualify as a “similar organization.” First, PEBTF was not created by statute. Instead, it was created under a collective bargaining agreement and a Trust Agreement. … The empowerment teams were established to create school improvement plans.

Canal Side Care Manor, LLC v. Pennsylvania Human Relations Commission

30 A.3d 568 · Commonwealth Court of Pennsylvania · Oct 20, 2011

state that Canal Side will admit otherwise qualified persons with HIV/AIDS. … Under this analysis, a complainant must establish a prima facie case by a preponderance of the evidence.

Arneson v. Wolf

117 A.3d 374 · Commonwealth Court of Pennsylvania · Jun 10, 2015

Scott, 610 F.3d 701 (11th Cir.2010), was clearly intended to prohibit the Executive Director from using his position for political gain. … . § 67.1310(a) (“Establishment. — There is established in the Department of Community and Economic Development [DCED] an Office of Open Records.”).

Smith v. Springfield Township Board of Supervisors

787 A.2d 1112 · Commonwealth Court of Pennsylvania · Dec 14, 2001

They allege that as business owners who are directly affected and unduly restricted by the terms of the Ordinance, they clearly fit in the category of “persons aggrieved.” … On the other hand, the Court stated that “[i]t hardly seems reasonable that the legislature intended that ordinances be immune from constitutional or other challenge after 30 days.” Id.

Buffalo Township v. Jones

778 A.2d 1269 · Commonwealth Court of Pennsylvania · Jun 14, 2001

If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability arising out of such transfer or use, and for … rights-of-way not currently in use, 16 U.S.C. § 1247 (a), — clearly supports the ICC’s interpretation.

Schell v. Department of Public Welfare

80 A.3d 844 · Commonwealth Court of Pennsylvania · Dec 4, 2013

Clearly, as evidenced by the language of the Marital Trust, Decedent’s scheme of distribution was intended to minimize federal estate taxation. … Decedent actually established two trusts in his will.

Sheetz v. Workmen's Compensation Appeal Board

104 Pa. Commw. 411 · Commonwealth Court of Pennsylvania · Mar 9, 1987

Lignellis opinion including use of qualifiers such as probably, consistent with, and compatible with. … Lignellis opinion is equivocal because it included “use of qualifiers such as probably, consistent with, and compatable with.”

Stewart v. Pennsylvania Board of Probation & Parole

714 A.2d 502 · Commonwealth Court of Pennsylvania · Jun 24, 1998

Under the 1996 amendments to what is commonly known as the Violent Incarceration and Truth-in-Sen-teneing Incentive Grants Act (Federal Act) 4 these federal grants can be used by qualifying states to build and expand correctional … Clearly, we do not have that here and, consequently, we reject Petitioner’s argument that Pennsylvania is a definite sentencing state.

Pittsburgh Board of Education v. Workmen's Compensation Appeal Board

108 Pa. Commw. 361 · Commonwealth Court of Pennsylvania · Aug 12, 1987

However, we are not of the opinion that this failure precludes Claimant from receiving workmen’s compensation benefits for his disability which, as discussed above, was clearly work-related. … Although the doctor admitted that sarcoidosis and idiopathic pulmonary fibrosis could be possible causes, he qualified that by stating that he would expect to see “affected chest x-rays” if those conditions were present,

Scholastic Services Organization, Inc. v. Commonwealth

721 A.2d 74 · Commonwealth Court of Pennsylvania · Nov 30, 1998

Rather a vendor may establish that a transaction was not subject to sales tax by other means. … The section upon which Scholastic principally relies, 61 Pa.Code § 32.2(b), clearly controls a situation where a vendor has received an exemption certificate in good faith, but cannot later produce it.

Associated Builders and Contractors, Inc., Eastern PA Chapter v. Bucks County Community College

Commonwealth Court of Pennsylvania · Dec 5, 2025

holidays excepted), the Contractor may employ qualified applicants from any other available source. … In our view, the PLA clearly favored USW contractors. But it also favored union contractors more broadly.

D.R. Gentilquore v. PA DOC

Commonwealth Court of Pennsylvania · Oct 29, 2024

The inmate maintained that his skin condition qualified as a chronic illness. See 979 A.2d at 946, 949. According to the inmate, 37 Pa. … [that] establish courts and provide for their jurisdiction”); see also Heath v. Workers’ Comp. Appeal Bd. (Pa.

Golebieski v. PUBLIC SCH. EMP. RET. BD.

161 Pa. Commw. 127 · Commonwealth Court of Pennsylvania · Dec 30, 1993

Claimant reported students' grades and was required to follow a class schedule and curriculum established by the School District. … The Retirement Code permits PSERS members to purchase service credit and receive eligibility points for qualifying previous public school service. 24 Pa.C.S. § 8303(c).

Siler v. City of Harrisburg

54 Pa. Commw. 303 · Commonwealth Court of Pennsylvania · Oct 22, 1980

To appellant’s claim that the past disciplinary record was inadmissible hearsay, we agree with the trial judge that the evidence was clearly admissible as a business record under 42 Pa. C. … Business records (b) General Rule. — A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation

Parris v. State Employees' Retirement Board

983 A.2d 821 · Commonwealth Court of Pennsylvania · Nov 2, 2009

It is well-established that the party who maintains the existence of certain facts must prove those facts.” Wingert v. State Employes' Retirement Board, 138 Pa.Cmwlth. 43 , 589 A.2d 269, 271 (1991). 2 . … The hearing examiner found that Claimant qualified for a total of 9.5698 years of service as age 50 retirement service under the Retirement Code for the period February 7, 1974 to December 1, 1983. 3 .

City of Philadelphia v. Commonwealth

54 Pa. Commw. 369 · Commonwealth Court of Pennsylvania · Oct 27, 1980

In that case this Court held that a volunteer fireman could qualify for workmen’s compensation only if at the time of his injury he was: (1) actually engaged as a fireman or (2) performing other duties authorized by the township … Commonwealth Ct. 394 , 390 A.2d 896 (1978). *376 The legislature of this state has clearly declared its policy that all members of volunteer ambulance corps of the various cities shall be deemed employees of such cities for