DECISION WITHOUT PUBLISHED OPINION Decision filed after Jan. 15, 2008, may be cited for persuasive, non-precedential value. 210 Pa. Code 69.414. Affirmed.
OPINION BY SENIOR JUDGE LEADBETTER . The instant charitable property tax exemption case returns to this Court on cross-appeal after remand to the Court of Common Pleas of Chester County (trial court) without an appeal in a companion case involving the same property (Property), property owner, and issues. The companion case is the subject of a decision and order essentially identical to the appealed decision and order. Because the trial court's decision and order in the companion case...
DECISION WITHOUT PUBLISHED OPINION Decision filed after Jan. 15, 2008, may be cited for persuasive, non-precedential value. 210 Pa. Code 69.414. Affirmed.
ORDER BONNIE BRIGANCE LEADBETTER , Senior Judge . AND NOW, this 4 th day of June, 2019, it is ordered that the above-captioned Memorandum Opinion, filed April 9, 2019, shall be designated OPINION and shall be REPORTED.
OPINION NOT REPORTED MEMORANDUM OPINION BY Judge P. KEVIN BROBSON . Lackawanna County (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), dated July 13, 2018. The Board affirmed the decision of Workers' Compensation Judge Joseph Grady (WCJ Grady), granting the reinstatement petition filed by William R. Rosky (Claimant). 1 For the reasons set forth below, we affirm the Board's order. Claimant worked for Employer as a Deputy Sheriff. On January...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, May 21, 2019, having considered appellant's application for reargument and appellees' answer in response thereto, the application is denied.
ORDER MARY HANNAH LEAVITT , President Judge . NOW, April 18, 2019, having considered appellee Barkdoll Martin Homes, LLC's application for reconsideration/reargument and appellant's answer in response thereto, the application is denied.
OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE FIZZANO CANNON . Joanne Thornton (Thornton), on behalf of herself and others similarly situated, appeals from the April 17, 2018 order of the Court of Common Pleas of Philadelphia County (trial court) dismissing her class action complaint in equity by sustaining the preliminary objections of the City of Philadelphia (City), Sheriff Jewell Williams (Sheriff), and the Philadelphia Sheriff's Office (Sheriff's Office) (collectively, City...
OPINION BY SENIOR JUDGE LEADBETTER . The City of Philadelphia Board of Pensions and Retirement (the Board) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the appeal of former police officer Coretta Avery (Avery) and reversing the Board's denial of her application for service-connected disability retirement benefits. We conclude that the trial court abused its discretion in (1) remanding the matter to the Board to determine the relevance...
OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE BONNIE BRIGANCE LEADBETTER . John Scott (Scott) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) denying his motion to determine immunity under the Environmental Immunity Act (Act), 27 Pa.C.S. 8301-8305. In his motion, Scott requested that the trial court grant him immunity or, in the alternative, hold a hearing to determine his immunity from an abuse of process complaint filed by James...
OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE PATRICIA A. McCULLOUGH . Jesse John Ofsharick (Licensee) appeals from the July 17, 2017 order of the Court of Common Pleas of Montgomery County (trial court) denying his appeal from a one-year suspension of his operating privilege imposed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT), under section 1547(b)(1)(i) of the Vehicle Code, 75 Pa.C.S. 1547(b)(1)(i), commonly referred to as...
OPINION BY PRESIDENT JUDGE LEAVITT . Sean J. Bertram (Claimant) petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) denying his claim for benefits under Section 402(e) of the Unemployment Compensation Law (Law), 43 P.S. 802(e). 1 The Board affirmed the Referee's factual finding that Claimant was dismissed for calling his employer's general sales manager a liar on January 23, 2017. Claimant contends that he was dismissed on January 20, 2017,...
OPINION BY JUDGE SIMPSON . In this zoning appeal, the Borough of Plum (Borough) asks whether the Court of Common Pleas of Allegheny County 1 (trial court) erred in reversing the decision of the Zoning Hearing Board of the Borough of Plum (ZHB), that denied Penneco Environmental Solutions, LLC's (Penneco) substantive validity challenge to Borough Ordinance No. 731-004 (zoning ordinance). The ZHB denied Penneco's substantive validity challenge on the ground that it was not ripe for review...
DECISION WITHOUT PUBLISHED OPINION. Decisions filed after Jan. 15, 2008, may be cited for persuasive, non-precedential value. 210 Pa. Code 69.414. Reversed.
OPINION BY PRESIDENT JUDGE , LEAVITT . William L. Ives, M.D., petitions for review of an adjudication of the State Board of Medicine (Board) concluding that Dr. Ives performed a surgery in 2012 that departed from the accepted standard of care. The Board ordered Dr. Ives to undergo a clinical competency skills assessment and a public reprimand. On appeal, Dr. Ives contends, inter alia, that the Board erred and abused its discretion in admitting hearsay evidence and relying on an expert...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, February 27, 2019, having considered appellee's application for reargument and appellant's answer in response thereto, the application is denied.
ORDER MARY HANNAH LEAVITT , President Judge . NOW, January 28, 2019, having considered appellant's application for reargument, the application is denied.
OPINION BY JUDGE McCULLOUGH . H. Edwin Rodrock (Appellant) appeals from the June 26, 2017 order of the Court of Common Pleas of Dauphin County (trial court) sustaining the preliminary objections of the Public Utility Commission (PUC) and dismissing Appellant's complaint with prejudice. Facts and Procedural History The underlying facts of this case are not in dispute. Appellant has been employed with the PUC since December 17, 1973. (Reproduced Record (R.R.) at 61a.) Appellant was first...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, January 8, 2019, having considered appellees City of Pittsburgh and Zoning Board of Adjustment's application for reargument and appellant's answer in response thereto, the application is denied.
ORDER GRANTING MOTION FOR CERTIFICATE OF EXTRADITABILITY [Re: Dkt. 49, 57] HOWARD R. LLOYD , Magistrate Judge . The United States, on behalf of the Federal Republic of Germany (Germany), seeks the extradition of Samir Azizi. Azizi is charged in Germany with 89 counts of tax evasion — i.e., 77 counts of providing tax authorities with incomplete or incorrect statements about tax-relevant facts and 12 counts of failing to inform them about tax-relevant facts, acting contrary to duty — in...
