OPINION NOT REPORTED MEMORANDUM OPINION BY Judge MICHAEL H. WOJCIK . Edward Cavanaugh petitions for review of the Pennsylvania Board of Probation and Parole's (Board) decision denying his request for administrative review and affirming the Board's modified decision recommitting him as a convicted parole violator to concurrently serve an unexpired term of 10 months, 4 days, and changing his parole violation max date to July 25, 2015. Appointed counsel, Kent D. Watkins, Esq. (Counsel),...
OPINION BY PRESIDENT JUDGE LEAVITT . David and Linda Sampson (Taxpayers) appeal an order of the Court of Common Pleas of Chester County (trial court) that denied their petition to set aside the December 9, 2013, upset tax sale of their property to CJD Group, LLC. Taxpayers assert that the upset sale was invalid because it did not conform to the requirements of the Real Estate Tax Sale Law (Tax Sale Law). 1 Specifically, they assert that the Chester County Tax Claim Bureau (Tax Claim...
OPINION NOT REPORTED MEMORANDUM OPINION BY Judge REN E COHN JUBELIRER . In these consolidated appeals, Kevan M. Alston, Jr. (Alston) petitions for review of the September 24, 2014 and October 28, 2014 Orders of the Pennsylvania Board of Probation and Parole (Board) denying his requests for administrative relief. On appeal, Alston argues that the Board erred in imposing 18 months backtime due to his recommitment as a convicted parole violator (CPV) and improperly recalculated his maximum...
OPINION NOT REPORTED MEMORANDUM OPINION BY JULIA K. HEARTHWAY , Judge . Kimberton Fire Company (KFC) appeals from the January 7, 2016 order of the Court of Common Pleas of Chester County (trial court), which denied KFC's appeal and determined that KFC's property at issue was not exempt from the payment of real estate taxes. We affirm. KFC is a voluntary fire company that began operations in 1929. KFC is a non-profit corporation with its principal office at 61 Firehouse Lane, Kimberton (...
OPINION NOT REPORTED MEMORANDUM OPINION BY COHN JUBELIRER Judge . Michael Joseph Edwards, Jr. (Edwards) petitions for review of the March 16, 2016 Order (March Order) of the Pennsylvania Board of Probation and Parole (Board), which affirmed the Board's December 30, 2015 Decision (December Decision), as modified by the Board's action mailed January 7, 2016 (January Decision), recalculating Edwards' maximum sentence date to October 19, 2016. On appeal, Edwards argues that the Board erred...
ORDER PER CURIAM . NOW, this 15 th day of November , 2016, it is ordered that the above-captioned Memorandum Opinion, filed August 30, 2016, shall be designated OPINION and shall be REPORTED.
ORDER MARY HANNAH LEAVITT , President Judge . NOW, November 9, 2016, upon consideration of appellee Herrick Building and Excavating, Inc.'s application for reargument and appellant's answer in response thereto, the application is denied.
OPINION BY SENIOR JUDGE COLINS In these consolidated appeals, KS Development Company, L.P. and KS Development Company 2, L.P. (collectively KS Development), and Woodmont Properties, LLC (Woodmont), seek to reverse the October 23, 2015 order of the Court of Common Pleas of Northampton County (Trial Court) affirming the January 14, 2015 decision and order of the Lower Nazareth Township Board of Supervisors (Board), which denied KS Development's request for a curative amendment 1 to the...
OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE HEARTHWAY . The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the January 22, 2016, order of the Court of Common Pleas of Lackawanna County (trial court) granting Robert Michael Mancini's request for nunc pro tunc relief and sustaining his appeal from DOT's one-year suspension of his operating privilege imposed under section 1547(b)(1) of the Vehicle Code (Code). 1 We vacate the trial court's order and...
OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE SIMPSON . Before this Court are the parties' cross-applications for summary relief. David W. Smith (Smith) and Donald Lambrecht (Lambrecht) (collectively, Petitioners) filed a petition for declaratory and injunctive relief seeking to invalidate an executive order (Executive Order) issued by Governor Thomas W. Wolf (Governor Wolf) pertaining to direct care workers (DCW) whose services to eligible aged or disabled individuals (participants)...
OPINION BY JUDGE SIMPSON . In this appeal, Landowners 1 ask whether the Court of Common Pleas of Adams County 2 (trial court) erred in granting summary judgment in favor of Berwick Township (Township) in the Township's suit seeking declaratory and injunctive relief with regard to its right to access a right-of-way it previously obtained for sewer lines that run across Landowners' property pursuant to a Right-of-Way Agreement (Agreement) between the parties. Landowners raise several...
OPINION NOT REPORTED MEMORANDUM OPINION BY ROBERT SIMPSON , Judge . In this matter involving a tax sale under the Real Estate Tax Sale Law (Tax Sale Law), 1 Blackhawk Property Investors, LLC (Purchaser), a Utah corporation, appeals from an order of the Court of Common Pleas of York County, Orphans' Court Division (trial court), 2 setting aside a tax upset sale. The trial court determined the York County Tax Claim Bureau (Bureau) failed to comply with the mandatory notice requirements of...
OPINION NOT REPORTED MEMORANDUM OPINION BY COVEY , Judge . Cornwall Borough, Heidelberg Township, West Cornwall Township and Bethel Township (collectively, Appellant Municipalities) 1 appeal from the judgment entered on November 9, 2015 in favor of Appellees City of Lebanon, Jonestown Borough, North Cornwall Township, North Lebanon Township, North Londonderry Township, Northern Lebanon School District, Palmyra Area School District, South Lebanon Township, South Londonderry Township,...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, October 3, 2016, upon consideration of appellant's application for reargument, the application is denied.
OPINION NOT REPORTED MEMORANDUM OPINION BY LEAVITT , President Judge . Pending before the Court are cross-applications for summary relief. We grant respondents' application in part and deny petitioners' request for relief in mandamus. To the extent petitioners also seek a declaration that multiple provisions of the Pennsylvania Election Code 1 are unconstitutional, we direct the Chief Clerk to list the cross-applications for summary relief for oral argument before the Court sitting en...
OPINION NOT REPORTED MEMORANDUM OPINION BY COVEY , Judge . Daniel Krause (Krause) petitions this Court for review of the Pennsylvania Board of Probation and Parole's (Board) October 28, 2015 determination that affirmed the Board's June 29, 2015 decision. Krause presents two issues for this Court's review: (1) whether the Board erred by not addressing Krause's credit challenge; and, (2) whether the Board erred by not giving Krause credit for all time that he served solely under the Board'...
OPINION BY JUDGE SIMPSON In this case in our original jurisdiction, we are asked to determine the validity of an executive order which purports to create new arrangements for direct care workers who provide personal services to certain aged and disabled participants in their homes. We are mindful of the respect and privacy afforded to a person in his or her home, dating back at least to Elizabethan England, and expressed in the words of Sir Edward Coke: "For a man's home is his castle, et...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, September 20, 2016, upon consideration of petitioner's application for reargument, the application is denied.
OPINION NOT REPORTED MEMORANDUM OPINION BY WOJCIK , Judge . Christine Lavelle and Gary Lavelle, her husband, (collectively, Objectors) appeal the order of the Lackawanna County Court of Common Pleas (trial court) denying their land use appeal of a decision of the Borough of Dunmore (Borough) Zoning Hearing Board (Board) that granted the application of Maria Wharton (Landowner), a neighboring landowner, to construct a two-story addition to her residence on a concrete building pad and...
OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE PELLEGRINI . Mount Joy Township (Township) appeals from an order of the Court of Common Pleas of Adams County (trial court) affirming the decision of the Mount Joy Township Zoning Hearing Board (Board) granting the appeal of Herrick Building and Excavating, Inc. from a notice of zoning violation. Because the language of the conditions imposed upon Applicant's variance that all equipment had to be stored inside the building is...
