Case law

Pennsylvania Turnpike Commission v. Teamsters Local Union No. 77

45 A.3d 1159 · Commonwealth Court of Pennsylvania · Apr 11, 2012

Clearly, the timeframes as set forth in the Grievance Procedure are wholly inapplicable to the present case. … Accordingly, the Arbitrator’s interpretation of Article 26 is arbitrary and not consistent with established principles of contract construction.

Harrington v. Commonwealth

792 A.2d 669 · Commonwealth Court of Pennsylvania · Feb 21, 2002

I DOT argues that Harrington failed to prove a change of grade, pointing out that this Court in Daw held that the uniform resurfacing of a road in need of repair is normal maintenance work and does not qualify as a change … This clearly differs from an issue as to whether the mere re-topping of a berm that was already paved, as was the case in Daw , constituted a change of grade or caused more runoff.

Keslosky v. Old Forge Civil Service Commission

73 A.3d 665 · Commonwealth Court of Pennsylvania · Jul 23, 2013

She testified, clearly, that Keslosky’s certification expired in 1999. Young acknowledged that the Police Commission’s 2001 letter to the Borough stated that Keslosky would not be re-certified in 2001. … This information coupled with the data supplied to the Commission on the computer printouts indicated the officers that have not maintained certification in first aid and/or CPR or have not qualified with a firearm constitutes

Seven Stars Farm, Inc. v. Workers' Compensation Appeal Board

935 A.2d 921 · Commonwealth Court of Pennsylvania · Nov 8, 2007

Regarding the hours Callahan worked, she was aware that Callahan kept track of her hours worked on time sheets that indicated that she was a nurse’s aide even though she was not so qualified. … Moreover, this record establishes that the Carrier had made payment for home health care services in the past without the need for the forms now deemed so vital (See, Arrigo, NT 56-57).

Shawnee Tabernacle Church v. Pennsylvania State Ethics Commission

76 A.3d 117 · Commonwealth Court of Pennsylvania · Sep 24, 2013

Because Shawnee Tabernacle (Church) has clearly established that it has an interest that may be directly affected, I respectfully dissent. … Clearly, as a mortgagor and lessor, the Church qualifies for intervention under the express provisions of GRAPP.

Ackerman v. Carbon County

703 A.2d 82 · Commonwealth Court of Pennsylvania · Nov 3, 1997

Although the witnesses called by the appellants were not qualified as real estate appraisers, this does not, as the County contends, render their information inadmissible in considering lack of uniformity. … Here, it is beyond dispute that Carbon County’s COD of 40% is well in excess of the standard and, therefore, clearly unacceptable. 6 The IAAO standard is that reassessments should be done in cycles of no longer than four

Southeastern Pennsylvania Transportation Authority v. Association of Community Organizations for Reform Now

128 Pa. Commw. 292 · Commonwealth Court of Pennsylvania · Jul 31, 1989

Section 334(a) of Act 101, 55 P.S. § 600.334(a) states: The Board shall establish a fiscal operating year. … The board shall establish such rules as are necessary for proper observance of the budgets.

Realty Enterprises, LLC & S. Sudhop v. Marple Twp.

213 A.3d 333 · Commonwealth Court of Pennsylvania · May 22, 2019

Case law clearly holds that a municipality’s failure to record an ordinance after adoption is not a procedural defect and, thus, it does not implicate a validity challenge. … Like the challengers in Messina, Appellants do not qualify for the time-limit exemption.

Com. v. $301,360.00 U.S. Currency and One 2011 Lexus RX350, VIN 2T2BK1BA48C081250 Appeal of: C. Vasquez

182 A.3d 1091 · Commonwealth Court of Pennsylvania · Apr 4, 2018

The parties agreed to qualify Staff Sergeant Marsh as an expert for a limited purpose, she proceeded to testify, and Vasquez made no other objection to preclude her testimony. (R.R. at 135a-36a.) … There, the Commonwealth clearly alleges that the “owner(s)” of the Cash and the Vehicle is “unknown.” (R.R. at 2a.)

People 2.0 Global, Inc. v. Commonwealth, Department of Labor & Industry, Office of Unemployment Tax Services

105 A.3d 824 · Commonwealth Court of Pennsylvania · Nov 20, 2014

The record does not establish whether such arrangement was crafted with the intent of achieving a lower unemployment rate. … This fact was established only by Van Soest’s testimony.

Lewis v. Workers' Compensation Appeal Board

853 A.2d 424 · Commonwealth Court of Pennsylvania · Jul 13, 2004

Compensation Act (Act) 7 provides, in relevant part: All parties to an adjudicatory proceeding are entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly … Additionally, where there is no obvious causal connection between an injury and the alleged work-related cause, that cause must be established by unequivocal medical evidence. Cromie v.

Renovo Hospital Ass'n v. Commonwealth, Department of Public Welfare

83 Pa. Commw. 355 · Commonwealth Court of Pennsylvania · Jun 26, 1984

The method of establishment of an interim per diem rate; 3. … Clearly, either section entitles Bucktail to a thirty day appeal period for interim or final reimbursement rates.

Grimaud v. Commonwealth

806 A.2d 923 · Commonwealth Court of Pennsylvania · Sep 18, 2002

Clearly, the bail amendment effectuates only one substantive change: it amends Article I, Section 14 regarding when bail is disallowed in criminal cases. … a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid; and such proposed amendment or amendments shall be submitted to the qualified

Hennessey v. Pennsylvania Board of Pardons

655 A.2d 218 · Commonwealth Court of Pennsylvania · Feb 22, 1995

When the Pardons Board commutes a life sentence to life on parole, it alters the original sentence by establishing a minimum term. … But when a State enacts a ... system, and creates the possibility of release from incarceration upon satisfaction of certain conditions, it necessarily qualifies that initial deprivation.

Gueson v. Reed

679 A.2d 284 · Commonwealth Court of Pennsylvania · Jul 11, 1996

Clearly, a health care provider’s loss of a license to practice his or her respective profession in the Commonwealth, for even a day, is a very serious deprivation. … Clear Right to Relief Although petitioners at the preliminary injunction stage need not establish an absolute right to relief on their underlying claim, 6 I determined that Petitioners here failed to establish a clear right

F. Rahman v. White Haven Ambulance

Commonwealth Court of Pennsylvania · Aug 29, 2018

Appellee also asserted immunity under Section 8151(2) of the EMS Act, 35 Pa. … Appellee’s fourth PO maintained that Appellant did not clearly allege a claim for intrusion upon seclusion, and her claim sounding in invasion of privacy did not include any allegation that publicity was given of this matter

Commonwealth, Department of Transportation v. Workers' Compensation Appeal Board

38 A.3d 1037 · Commonwealth Court of Pennsylvania · Dec 30, 2011

The existence of alternative means and the concern for “windfalls” are clearly matters to be evaluated. See Griffiths. … Further, Claimant maintains, his uncontradicted testimony before the WCJ established he inquired of Employer’s carrier’s adjuster about reimbursement of medical expenses and was instructed to send the adjuster a cover letter

J.L. Camacho v. West Chester Area SD

Commonwealth Court of Pennsylvania · Dec 27, 2017

Grieff is clearly concerned with the maintenance of the real property itself. … systems 4  under the care, custody or control of the local agency, except that the claimant to recover must establish that the dangerous

Expressway 95 Business Center, LP v. Bucks County Board of Assessment

921 A.2d 70 · Commonwealth Court of Pennsylvania · Apr 3, 2007

“It is not enough to merely present evidence from a qualified expert. … Clearly, Taxpayer was not prejudiced by Sengpiel’s appraisal report or the testimony because Taxpayer was able to provide its own expert report for the properties not only in response, but despite any report by Sengpiel on

R.D. Beaver v. J. Wetzel, Sec'y, PA DOC

Commonwealth Court of Pennsylvania · Dec 6, 2019

It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted. … Finally, DOC argues that Beaver’s Amended Petition should be dismissed because he fails to establish a clear right to relief.