OPINION BY JUDGE BROBSON Presently before the Court for disposition is an application to quash subpoena directed to the Honorable Thomas W. Corbett (Governor Corbett), along with Governor Corbett's memorandum of law in support thereof, Petitioners' answer to the application to quash, Governor Corbett's brief in reply to the answer, and Petitioners' praecipe to supplement the record for the application to quash. On November 22, 2017, Petitioners caused a subpoena to be served on Governor...
OPINION BY PRESIDENT JUDGE LEAVITT The City of Philadelphia (City) appeals an order of the Court of Common Pleas of Philadelphia County, First Judicial District (trial court) granting declaratory judgment in favor of a City employee, Frank Zampogna. The trial court held that Section 1720 of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. 1720, prohibited the City from subrogating its payment of Heart and Lung Act 1 benefits to Zampogna from his third-party tort recovery. For...
DECISION WITHOUT PUBLISHED OPINION Decision filed after Jan. 15, 2008, may be cited for persuasive, non-precedential value. 210 Pa.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 JUDGE SIMPSON . Tyler Gerard Simpson 1 (Licensee) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) that denied his appeal of a one-year suspension of his driver's license imposed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) as a result of his conviction for driving after underage consumption of alcohol in New Jersey. Licensee asserts the trial court erred in denying his appeal...
Unpublished Decision. Citation to unpublished opinion of the Superior Court of Pennsylvania is governed by Section 65.37 of the Operating Procedure of the Superior Court, 210 Pa. Code 65.37. Affirmed.
ORDER PER CURIAM . NOW, November 8, 2017, having considered appellant's application for reconsideration, and appellee's answer in response thereto, the application is denied.
ORDER P. KEVIN BROBSON , Judge . AND NOW, this 7th day of November, 2017, it is ordered that the Opinion filed on October 26, 2017, shall be designated OPINION rather than MEMORANDUM OPINION, and that it shall be reported.
OPINION NOT REPORTED MEMORANDUM OPINION BY WESLEY OLER, Jr. Senior Judge . In this case involving a part of the transportation industry known as Transportation Network Companies (TNCs), 1 one such TNC (Lyft, Inc. or Appellant) has appealed from an order granting a preliminary injunction that declared TNC taxi service in the City of Philadelphia to be violative of the civil rights of riders with disabilities under the Americans with Disabilities Act 2 and the city's Fair Practices...
ORDER JAMES GARDNER COLINS , Senior Judge . AND NOW, this 2 nd day of November, 2017 it is ordered that the above-captioned Memorandum Opinion, filed July 24, 2017, shall be designated OPINION and shall be REPORTED.
ORDER MARY HANNAH LEAVITT , President Judge . NOW, October 23, 2017, having considered appellant's application for reargument and appellees Erie County and Warden James Veshecco's answer in response thereto, the application is denied.
OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE JOSEPH M. COSGROVE . Edson T. Fantinelli-Bosco (Appellant) appeals the October 3, 2016 order of the Court of Common Pleas of Philadelphia County (trial court) denying his petition to appeal, nunc pro tunc, the suspension of his commercial driving privilege. Upon review, we reverse and remand. By official notice, with a mail date of June 17, 2016, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (...
OPINION BY JUDGE BROBSON The Washington Township Independent School District (WTISD) petitions for review of an order of the Pennsylvania State Board of Education (Board) that (1) disapproved the creation of WTISD and its transfer from the Dover Area School District (Dover) to the Northern York County School District (Northern York); and (2) accepted and adopted the report of the Special Committee of the State Board of Education (Committee). Following the Board's grant of WTISD's petition...
ORDER MARY HANNAH LEAVITT , President Judge . NOW, October 12, 2017, having considered intervenors' application for reargument and petitioner's answer in response thereto, the application is denied.
ORDER MARY HANNAH LEAVITT , President Judge . NOW, October 11, 2017, having considered appellant's application for reargument, the application is denied.
OPINION NOT REPORTED MEMORANDUM OPINION BY SIMPSON , Judge . In this interlocutory appeal by permission, the Pennsylvania Interscholastic Athletic Association, Inc. (PIAA) asks whether the Court of Common Pleas of Lawrence County 1 (trial court) erred in overruling, in part, its preliminary objections to the negligence suit filed by Jonathan Hites, Kaela Zingaro, and Samuel Teolis, on behalf of minor Domenic Teolis, individually and on behalf of those similarly situated (collectively,...
OPINION PRESIDENT JUDGE LEAVITT . Robert Dambman and 32 other residents of Whitemarsh Township (collectively, Objectors) appeal an order of the Court of Common Pleas of Montgomery County (trial court) upholding the Whitemarsh Township Board of Supervisors' approval of a preliminary and final land development plan filed by intervenor The Hill at Whitemarsh (The Hill). 1 Objectors argue that the Board of Supervisors erred in approving The Hill's plan because it did not first obtain zoning...
OPINION NOT REPORTED MEMORANDUM OPINION BY MICHAEL H. WOJCIK , Judge . Presently before the Court are the preliminary objections of the Pennsylvania State Horse Racing Commission (Pennsylvania Department of Agriculture) (Commission) to the Amended Petition for Review in Mandamus (Amended Petition) 1 filed by the International Chapter of Horseshoers and Equine Trades, Local 947 (Union). We sustain the preliminary objections and dismiss the Amended Petition. The Union is a labor...
OPINION BY SENIOR JUDGE JAMES GARDNER COLINS . Terry Lee Anderson petitions this Court for review of the February 17, 2017 determination of the Pennsylvania Board of Probation and Parole (Board), which denied his administrative appeal of a Board order that recommitted him as a convicted parole violator to serve 18 months backtime. For the reasons set forth below, we vacate the Board's order and remand this matter to the Board for further proceedings. On December 3, 2012, Anderson was...
OPINION BY PRESIDENT JUDGE LEAVITT . Working Families Party, Christopher M. Rabb, Douglas B. Buchholz, and Kenneth G. Beiser (collectively, Working Families) have filed a petition for review in this Court's original jurisdiction 2 against the Commonwealth of Pennsylvania; Pedro A. Cortes, Secretary of the Commonwealth of Pennsylvania; and Jonathan M. Marks, Commissioner of the Department of State's Bureau of Commissions, Elections, and Legislation (collectively, Commonwealth),...
