IN THE COMMONWEALTH COURT OF PENNSYLVANIA
|
|
- Hester Melanie O’Connor’
- 5 years ago
- Views:
Transcription
1 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert J. Brizgint : : v. : No. 622 C.D : Submitted: October 17, 2014 Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Motor Vehicles, : Appellant : BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE COLINS FILED: December 23, 2014 The Commonwealth of Pennsylvania, Department of Transportation (Department), Bureau of Motor Vehicles (Bureau) appeals from the April 7, 2014 order of the Court of Common Pleas of Luzerne County (trial court) sustaining the statutory appeal filed by Robert J. Brizgint (Brizgint) 1 from a three-month suspension of his vehicle registration imposed by the Bureau pursuant to Section 1786(d) of the Vehicle Code, 75 Pa. C.S. 1786(d). 2 We reverse. 1 By order dated October 10, 2014, Brizgint was precluded from filing a brief in this matter after failing to comply with this Court s September 15, 2014 order directing him to do so within 14 days. 2 Section 1786(d)(1) provides: The Department of Transportation shall suspend the registration of a vehicle for a period of three months if it determines the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three months if the department determines that the (Footnote continued on next page )
2 Geico Indemnity Company (GEICO) cancelled a policy of liability insurance for Brizgint s 2004 Jeep station wagon on January 1, 2014, due to nonpayment of the premium, and reported the termination of coverage to the Bureau. In a letter dated January 11, 2014, the Bureau informed Brizgint that it had received notice of the cancellation and requested updated information regarding the status of his insurance. (Reproduced Record (R.R.) at 30a-32a.) Thereafter, by notice mailed February 27, 2014, the Bureau advised Brizgint that, as a consequence of his failure to maintain financial responsibility, the registration of his vehicle was being suspended for a period of three months, effective April 3, 2014, pursuant to section 1786(d) of the Vehicle Code. (R.R. at 26a.) Brizgint filed a statutory appeal with the trial court, which held a de novo hearing on April 7, On appeal from a vehicle registration suspension, the Bureau has the initial burden of proving that the vehicle in question is of a type required to be registered in the Commonwealth and that the required automobile liability insurance has been cancelled or otherwise terminated. Pray v. Department of Transportation, Bureau of Motor Vehicles, 708 A.2d 1315, 1316 n. 2 (Pa. Cmwlth. 1998). Once the Bureau establishes its prima facie case, the burden shifts to the registrant to prove that he or she meets one of the exceptions provided in Section 1876(d)(2) of the Vehicle Code. Id. The Bureau presented properly certified documents reflecting that the insurance on Brizgint s vehicle had been cancelled on January 1, Brizgint (continued ) owner or registrant has operated or permitted the operation of the vehicle without the required financial responsibility 75 Pa. C.S. 1786(d)(1) (emphasis added). 2
3 admitted that his insurance had been terminated on that date. He testified however, that he accesses his Social Security disability payments via a card, and although the disability payment funds were deposited by the government into his account on January 31, 2014, he was unable to access those funds to pay for the insurance until a replacement card he had ordered arrived, late, on February 7, (R.R. at 20a-21a.) Consequently, Brizgint testified, his new insurance did not become effective until 38 or 39 days after the date his insurance had been cancelled. 4 (R.R. at 21a.) Brizgint stated further that he did not drive his car at all during the time when it was uninsured. (R.R. at 22a.) suspension, noting that: At the conclusion of the hearing, the trial court reversed the license [Brizgint] was very honest in his testimony, and I feel because of the card situation, where the money was coming from the government, he could not access his funds, I am going to gran[t] this appeal. (R.R. at 22a.) In its opinion filed pursuant to Pennsylvania Rule of Appellate Procedure 1925(a), the trial court noted that although it was clear that the lapse in insurance coverage exceeded 30 days, 5 the lapse was not caused by Brizgint s 3 Brizgint did not clarify, and the record contains no additional information as to what type of card Brizgint used. Brizgint stated only they told us because of Michael s and Target who had the identity fraud thing where all these card numbers were stolen, I guess they were sending out mass amounts of cards. They told us our card would be coming in five calendar days, and that was on the 14 th when we had ordered it, and come the 30 th it still had not come. I even spent $20 for them to expedite a card overnight, and that still took three days when they said it would have come overnight. (R.R. at 21a-22a.) 4 The effective date of Brizgint s new insurance policy was February 8, (R.R. at 14a.) 5 Section 1786(d)(2)(i) of the Vehicle Code provides an exception to suspension where the owner or registrant proves to the satisfaction of the department that the lapse in financial responsibility (Footnote continued on next page ) 3
4 intentional act; the trial court stated that Brizgint did not receive the card in a timely manner due to a breakdown of a governmental function and it would be inequitable to punish [Brizgint] for failing to have the required financial responsibility on his [vehicle] when the failure was through no fault of his own. (trial court Opinion, R.R. at 48a-49a.) On appeal to this Court, 6 the Bureau argues that although Brizgint s vehicle was not operated during the period of the lapse in his insurance, he could not satisfy the statutory exception to suspension. Moreover, the Bureau argues, Brizgint had the option of avoiding the suspension altogether by affording himself of the remedy created by the legislature to avoid suspension, set forth in Section 1786(g)(2) of the Vehicle Code, 7 and could have sent in his registration card and (continued ) coverage was for a period of less than 31 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse of financial responsibility. 75 Pa. C.S. 1786(d)(2)(i). 6 The Court s scope of review is limited to determining whether the trial court s findings are supported by competent evidence and whether the trial court committed an error of law or abused its discretion. Greenfield v. Department of Transportation, Bureau of Motor Vehicles, 67 A.3d 198, 200 (Pa. Cmwlth. 2013). 7 This provision provides, in pertinent part: (g) Defenses (2) No person shall be penalized for maintaining a registered motor vehicle without financial responsibility under subsection (d) if, at the time insurance coverage terminated or financial responsibility lapsed, the registration plate and card were voluntarily surrendered to the department, a full agent designated by the department to accept voluntarily surrendered registration plates and cards pursuant to regulations promulgated by the department or a decentralized service agent appointed by the department 75 Pa. C.S. 1786(g)(2). 4
5 vehicle plate to the Department until he was able to make payment for his new insurance policy. The trial court entered an order sustaining Brizgint s appeal despite the 38-day lapse and the absence of any statutory defense to the Bureau s registration suspension. The Vehicle Code expressly limits the discretion of the trial court. 8 This Court has consistently held that the statutory scheme is clear and does not allow the trial court to resort to an equitable remedy. Greenfield v. Department of Transportation, Bureau of Motor Vehicles, 67 A.3d 198, 200 (Pa. Cmwlth. 2013); Banks v. Department of Transportation, Bureau of Motor Vehicles, 856 A.2d 294, 296 (Pa. Cmwlth. 2004). We are constrained therefore to reverse the trial court s order and reinstate Brizgint s three-month registration suspension. JAMES GARDNER COLINS, Senior Judge 8 Section 1786(d)(3) provides: The court s scope of review in an appeal from a vehicle registration suspension shall be limited to determining whether: (i) the vehicle is registered or of a type that is required to be registered under this title; and (ii) there has been either notice to the department of a lapse, termination or cancellation in the financial responsibility coverage as required by law for that vehicle or that the owner, registrant or driver was requested to provide proof of financial responsibility to the department, a police officer or another driver and failed to do so 75 Pa. C.S. 1786(d)(3) (emphasis added). 5
6 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert J. Brizgint : : v. : No. 622 C.D : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Motor Vehicles, : Appellant : O R D E R AND NOW, this 23 rd day of December, 2014, the order of the Court of Common Pleas of Luzerne County in the above-captioned matter is hereby REVERSED. JAMES GARDNER COLINS, Senior Judge
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Douglas Gilghrist : : v. : : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Motor Vehicles, : No. 726 C.D. 2014 Appellant : Submitted:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA FIORE AUTO SERVICE, Appellant v. No. 1097 C.D. 1998 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES FIORE AUTO SERVICE, Appellant
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Salieri Group, Inc., : Appellant : : v. : No. 781 C.D. 2015 : Submitted: November 17, 2015 Beaver County Auxiliary Appeal : Board, County of Beaver, Big : Beaver
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Goodfellas, Inc. : : v. : No. 1302 C.D. 2006 : Submitted: January 12, 2007 Pennsylvania Liquor : Control Board, : Appellant : BEFORE: HONORABLE BONNIE BRIGANCE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Charles Weiner, : Appellant : : v. : No. 1127 C.D. 2013 : Submitted: November 8, 2013 Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Rashed Kabir, : Appellant : v. : : Commonwealth of Pennsylvania, : Department of Transportation, : No. 264 C.D. 2010 Bureau of Driver Licensing : Submitted: July
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sharese Lynch, : Appellant : : v. : No. 1737 C.D. 2012 : SUBMITTED: July 26, 2013 City of Philadelphia, Civil Service : Commission : BEFORE: HONORABLE BONNIE BRIGANCE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA James Rinaldi, : Petitioner : : v. : No. 470 C.D. 2008 : Workers' Compensation : Submitted: June 27, 2008 Appeal Board (Correctional : Physician Services, Inc.),
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia : : v. : No. 2178 C.D. 2013 : Submitted: October 6, 2014 John Hummel, Jr., : Appellant : BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John R. Whitehead, : Petitioner : : v. : No. 97 C.D. 016 : Submitted: August 1, 016 Unemployment Compensation : Board of Review, : Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. Michael Definis, : Appellant : No C.D v. : Argued: March 7, 2016
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re Tax Sale of September 8, 2014 Michael Definis, Appellant No. 1132 C.D. 2015 v. Argued March 7, 2016 Wayne County Tax Claim Bureau, Brian Delrio, and Anchor
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA West Chester University of : Pennsylvania, : Petitioner : : v. : No. 1321 C.D. 2012 : Argued: March 11, 2013 Timothy Browne and Local Union : No. 98, International
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Northbrook Life Insurance Company, : Petitioner : : v. : No. 1120 F.R. 1996 : Argued: December 14, 2005 Commonwealth of Pennsylvania, : Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Return and Report of an : Upset Tax Sale held by the : Cumberland County Tax Claim : Bureau on September 20, 2007 : No. 1829 C.D. 2008 : Re: Property of
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA George M. Hapchuk, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, No. 1030 C.D. 2006 Bureau of Motor Vehicles O R D E R AND NOW, this
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John Galizia, : Petitioner : : v. : No. 1527 C.D. 2014 : SUBMITTED: January 30, 2015 Workers Compensation Appeal : Board (Woodloch Pines, Inc.), : Respondent :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John H. Morley, Jr., : Appellant : : v. : No. 3056 C.D. 2002 : Submitted: January 2, 2004 City of Philadelphia : Licenses & Inspections Unit, : Philadelphia Police
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Audelia Medina, : Petitioner : : v. : No. 1017 C.D. 2009 : SUBMITTED: August 28, 2009 Workers Compensation Appeal : Board (Giorgi Mushrooms), : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA David E. Robbins, Petitioner v. No. 1860 C.D. 2009 Argued September 13, 2010 Insurance Department, Respondent BEFORE HONORABLE BONNIE BRIGANCE LEADBETTER, President
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA King s Kountry Korner, LLC, : Petitioner : : v. : No. 2139 C.D. 2014 : SUBMITTED: May 15, 2015 Department of Labor and Industry, : Office of Unemployment : Compensation
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joseph R. Gaudet, : Petitioner : : No. 1381 C.D. 2014 v. : : Submitted: December 26, 2014 Workers Compensation Appeal : Board (American Lenders), : Respondent
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Consolidated Return of : Luzerne County Tax Claim : Bureau of the Upset Tax Sale of : Properties held on April 26, 2013 : No. 2091 C.D. 2013 : Submitted:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Senex Explosives, Inc., : Petitioner : : No. 703 F.R. 2007 v. : Submitted: April 17, 2013 : Commonwealth of Pennsylvania, : Respondent : BEFORE: HONORABLE DAN
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Petition of the Venango County : Tax Claim Bureau for Judicial : Sale of Lands Free and Clear : of all Taxes and Municipal Claims, : Mortgages, Liens, Charges
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Lawrence Lee and Victoria : Evstafieva, : Appellants : : v. : No. 1041 C.D. 2016 : ARGUED: March 6, 2017 Luzerne County Tax Claim Bureau : BEFORE: HONORABLE RENÉE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Upper Moreland Township, : Appellant : : v. : No. 2249 C.D. 2010 : Argued: March 12, 2012 Upper Moreland Township Police : Benevolent Association : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Suzette Watkins, : Petitioner : : v. : No. 14 C.D. 2012 : Argued: February 12, 2013 Unemployment Compensation : Board of Review, : Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Selective Insurance : Company of America, : Petitioner : : v. : No. 613 C.D. 2013 : Submitted: October 4, 2013 Bureau of Workers' Compensation : Fee Review Hearing
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Tax Claim Bureau of Lehigh : County 2013 Upset Tax Sale : : Objectors: Noe Gutierrez and : Susana Gutierrez : : Appeal of: Susana Gutierrez, : individually and
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. In Re: Estate of Ray Bloom Ross, : Deceased, : No C.D : Argued: September 10, 2002 Appellant :
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Estate of Ray Bloom Ross, : Deceased, : No. 2652 C.D. 2001 : Argued: September 10, 2002 Appellant : BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Lawrence P. Olster, : Petitioner : : v. : : Unemployment Compensation : Board of Review, : No. 763 C.D. 2012 Respondent : Submitted: October 5, 2012 BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Walter T. Currie, Petitioner v. No. 2079 C.D. 2007 Workers Compensation Appeal Board Submitted February 8, 2008 (Wheatland Tube Co.), Respondent BEFORE HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia, : Appellant : : No. 216 C.D. 2011 v. : : Argued: October 19, 2011 City of Philadelphia Tax Review : Board : BEFORE: HONORABLE BONNIE BRIGANCE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Kelly N. Franklin, : Petitioner : : v. : No. 291 C.D. 2016 : Submitted: August 26, 2016 Unemployment Compensation Board : of Review, : Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Bethanne L. Morgan, : Petitioner : : v. : No. 1842 C.D. 2013 : Submitted: February 14, 2014 Unemployment Compensation : Board of Review, : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Debra Galanoudis, : Petitioner : : No. 1438 C.D. 2008 v. : : Submitted: April 24, 2009 Department of Public Welfare, : Respondent : BEFORE: HONORABLE BONNIE BRIGANCE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. Commonwealth of Pennsylvania : : v. : No C.D : Harold Kemmerer, : Appellant :
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Commonwealth of Pennsylvania v. No. 2144 C.D. 2012 Harold Kemmerer, Appellant Commonwealth of Pennsylvania v. No. 2217 C.D. 2012 Submitted May 3, 2013 Nancy Kemmerer,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA v. No. 352 F.R. 1992 COMMONWEALTH OF PENNSYLVANIA, Respondent v. No. 353 F.R. 1992 COMMONWEALTH OF PENNSYLVANIA, Respondent Submitted October 7, 1998 BEFORE HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Michael Romanowski, : Petitioner : : v. : No. 1174 C.D. 2007 : Workers' Compensation Appeal : Submitted: January 18, 2008 Board (Precision Coil Processing), :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jeffrey Kovach, Winona Kovach and : Debra Doriguzzi, : : Appellants : : v. : No. 1303 C.D. 2012 : Tri County Joint Municipal Authority : Submitted: April 16, 2013
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Montgomery County Tax Claim : Bureau : : No. 209 C.D. 2014 v. : : Argued: October 7, 2014 Barbara Queenan, : Appellant : BEFORE: HONORABLE ROBERT SIMPSON, Judge
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Securitas Security Services : USA, Inc., : Petitioner : : No. 349 C.D. 2010 v. : : Argued: December 8, 2010 Workers Compensation Appeal : Board (Schuh), : Respondent
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Daniel E. Lyons, : Petitioner : : v. : : Department of Human Services, : No. 1815 C.D. 2015 Respondent : Submitted: May 20, 2016 BEFORE: HONORABLE ROBERT SIMPSON,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Allstate Life Insurance Company, : Petitioner : : v. : No. 89 F.R. 1997 : Commonwealth of Pennsylvania, : Argued: December 9, 2009 Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA David W. Ringlaben, Petitioner v. No. 247 C.D. 2013 Unemployment Compensation Submitted July 19, 2013 Board of Review, Respondent BEFORE HONORABLE RENÉE COHN JUBELIRER,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Eric M. O Brien, : Petitioner : : v. : No. 2089 C.D. 2015 : Submitted: March 4, 2016 Pennsylvania Housing Finance Agency, : Respondent : BEFORE: HONORABLE ROBERT
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Fraternal Order of Police, : Flood City Lodge No. 86 : : No. 1873 C.D. 2010 v. : Argued: November 16, 2011 : City of Johnstown, : Appellant : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Valley Stairs and Rails, : Petitioner : : No. 1100 C.D. 2017 v. : : Argued: April 11, 2018 Workers Compensation Appeal : Board (Parsons), : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA LINDA E. HOFFMAN, : Petitioner : : v. : NO. 3310 C.D. 1998 : ARGUED: November 3, 1999 PENNSYLVANIA STATE : EMPLOYES RETIREMENT : BOARD, : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Julie Zezenski, : Petitioner : : v. : No. 2458 C.D. 2011 : Submitted: June 22, 2012 Unemployment Compensation : Board of Review, : Respondent : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Atlantic City Electric Company, : Keystone-Conemaugh Projects, : Baltimore Gas and Electric Company, : Delaware Power and Light Company, : Metropolitan Edison
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Steven E. Orlosky v. No. 1776 C.D. 2010 City of Reading, Pa, Thomas M. McMahon, Shelly Fizz, Ryan Hottenstein, City of Reading Firemen's Pension Fund Appeal of
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Alexander Medley, : Appellant : : v. : Nos. 1655 and 1656 C.D. 2011 : SUBMITTED: December 28, 2012 Commonwealth of Pennsylvania, : Department of Transportation,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. v. : No C.D. 1998
IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA v. No. 3256 C.D. 1998 ROSE SPROCK, a/k/a ROSALIE SPROCK, Appellant COMMONWEALTH OF PENNSYLVANIA v. No. 3257 C.D. 1998 ARGUED November
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Southwest Regional Tax : Bureau, : Appellant : : v. : No. 2038 C.D. 2011 : Argued: June 4, 2012 William B. Kania and : Eleanor R. Kania, his wife : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pennsylvania Turnpike Commission, : Petitioner : : No. 2738 C.D. 2010 v. : : Argued: June 6, 2011 Jan Murphy, : Respondent : BEFORE: HONORABLE ROBERT SIMPSON,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sally Schwartz, Appellant v. No. 183 C.D. 2017 Argued October 17, 2017 Chester County Agricultural Land Preservation Board and Arborganic Acres Sally Schwartz
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Peter C. Wood, Jr., : Appellant : : No. 1348 C.D. 2013 v. : : Submitted: January 10, 2014 City of Philadelphia : BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA MICHAEL LEMANSKY, : Petitioner : : v. : No. 140 C.D. 1999 : ARGUED: June 14, 1999 WORKERS COMPENSATION : APPEAL BOARD (HAGAN ICE : CREAM COMPANY), : Respondent
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert Manchester, Petitioner v. No. 586 C.D. 2018 Submitted August 3, 2018 Workers Compensation Appeal Board (Lincare Holdings, Inc.), Respondent BEFORE HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA. Appellants : v. : No C.D Tax Claim Bureau of Delaware County : Submitted: June 20, 2013
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Rochelle Shipley and John Shipley, : : Appellants : : v. : No. 2143 C.D. 2012 : Tax Claim Bureau of Delaware County : Submitted: June 20, 2013 BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Scranton v. No. 2341 C.D. 2009 E.B. Jermyn Lodge No. 2 of the Fraternal Order of Police, The Pennsylvania Department of Community and Economic Development
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Reliant Senior Care Management, : Inc. d/b/a Easton Health and : Rehabilitation Center, : Petitioner : No. 1180 C.D. 2014 : Submitted: January 16, 2015 v. : :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA William Gillespie, : Petitioner : : v. : No. 1633 C.D. 2016 : Submitted: February 17, 2017 Workers Compensation Appeal : Board (Aker Philadelphia Shipyard), :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Grand Prix Harrisburg, LLC, : Appellant : : v. : No. 2037 C.D. 2011 : Argued: June 4, 2012 Dauphin County Board of : Assessment Appeals, Dauphin : County, Central
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joseph C. Bongivengo, : Appellant : : v. : No. 877 C.D. 2018 : Argued: February 11, 2019 City of New Castle Pension Plan : Board and The City of New Castle : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia v. City of Philadelphia Tax Review Board to the use of Keystone Health Plan East, Inc. City of Philadelphia v. City of Philadelphia Tax Review
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pottstown School District : : No. 1821 C.D. 2013 v. : : Argued: May 14, 2014 Kenneth J. Petro : : Appeal of: Northeast Revenue : Service, LLC : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Shanada Gilliard, : Petitioner : : No. 8 C.D. 2016 v. : : Submitted: August 5, 2016 Workers Compensation Appeal : Board (Protocall, Inc.), : Respondent : BEFORE:
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : DAVID K. HOUCK, : : Appellant : No. 489 WDA 2015 Appeal from the
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Judianne Lambert, : Petitioner : : v. : No. 1923 C.D. 2015 : Submitted: May 6, 2016 Department of Human Services, : Respondent : BEFORE: HONORABLE ROBERT SIMPSON,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Wegmans Food Markets, Inc., Petitioner v. No. 1343 C.D. 2017 Argued September 12, 2018 Workers Compensation Appeal Board (Tress), Respondent BEFORE HONORABLE P.
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pennsylvania State : Troopers Association, : Petitioner : : v. : : Pennsylvania Labor Relations Board, : No. 1454 C.D. 2012 Respondent : Argued: March 13, 2013
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John Andrew Hart, : Petitioner : : v. : No. 1497 C.D. 2015 : Submitted: December 18, 2015 Workers Compensation Appeal : Board (Dominion Transmission, Inc. : and
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Appeal of Maoying Yu from : the Delaware County Board of : Assessment and Revision of Taxes : Folio #14-00-01186-00 Municipality: : Darby Borough Address:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Kathryn M. Devine, Petitioner v. No. 1934 C.D. 2013 Submitted August 22, 2014 Unemployment Compensation Board of Review, Respondent BEFORE HONORABLE RENÉE COHN
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John Podest, Petitioner v. No. 1785 C.D. 2016 Submitted May 26, 2017 Workers Compensation Appeal Board (General Dynamics), Respondent General Dynamics, Petitioner
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Yan Hua Wang and Hong Wei Wang, mother and father of Bo Wang (Decedent), Petitioners v. Workers Compensation Appeal Board (New Li Nail Spa, Inc.), No. 1465 C.D.
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Helping Enjoying and Loving People 2 Salvation Ministries, Inc., Appellant v. No. 558 C.D. 2017 Argued June 7, 2018 Delaware County Board of Assessment Appeals
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Dennis L. Ritchey, : Petitioner : : v. : No. 1635 C.D. 2008 : Submitted: February 27, 2009 Workers' Compensation Appeal Board : (WalMart, Inc.), : Respondent :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Edward G. Mitchell, Jr., : Petitioner : : v. : No. 2108 C.D. 2012 : Submitted: April 12, 2013 Unemployment Compensation : Board of Review, : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA David Hill, : Petitioner : : v. : : Workers Compensation Appeal : Board (Wirerope Works, Inc.), : No. 838 C.D. 2017 Respondent : Submitted: January 5, 2018 BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Susquehanna County Commissioners, No. 833 C.D. 2015 Appellant Submitted March 7, 2016 v. Montrose Bible Conference BEFORE HONORABLE P. KEVIN BROBSON, Judge HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: : Estate of George Goldman, : Deceased : : Appeal of: Commonwealth of : No. 248 C.D. 2001 Pennsylvania, Department of Revenue : Argued: June 4, 2001 BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Debra Thompson, : Petitioner : : v. : No. 1227 C.D. 2016 : Submitted: January 13, 2017 Workers Compensation Appeal : Board (Exelon Corporation), : Respondent :
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Scranton v. No. 2342 C.D. 2009 Fire Fighters Local Union No. 60, The Pennsylvania Department of Community and Economic Development and the Pennsylvania
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Grand Sport Auto Body, : Petitioner : : v. : No. 2009 C.D. 2011 : Unemployment Compensation Board : Submitted: September 12, 2012 of Review, : Respondent : BEFORE:
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Lancaster Township, : Appellant : : v. : : The Zoning Hearing Board : of Lancaster Township, : Timothy O. Grosick : No. 1754 C.D. 2009 and Cheryl J. Grosick :
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. CHRISTOPHER L. LEISTER, Appellant No. 113 MDA 2015 Appeal from
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No EDA 2013
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD POLLACK, Appellant No. 3000 EDA 2013 Appeal from the Judgment
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Wilner Dorvilus, Petitioner v. No. 397 C.D. 2017 Submitted June 30, 2017 Workers Compensation Appeal Board (Cardone Industries), Respondent BEFORE HONORABLE MARY
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Erie Insurance Company and : Powell Mechanical, Inc., : Petitioners : : v. : No. 20 C.D. 2018 : Submitted: July 27, 2018 Workers Compensation Appeal : Board (Commonwealth
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia : : v. : No. 264 C.D. 2015 : Argued: October 5, 2015 Morris Park Congregation of : Jehovah s Witnesses, : : Appellant : BEFORE: HONORABLE
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Harry Marnie, : : Petitioner : : v. : No. 1583 C.D. 2011 : Workers' Compensation Appeal : Submitted: January 13, 2012 Board (Commonwealth of PA/ : Dept. of Attorney
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Commonwealth of Pennsylvania : : v. : No. 1735 C.D. 2005 : Alice Holtzapfel, : Submitted: December 23, 2005 Appellant : BEFORE: HONORABLE JAMES GARDNER COLINS,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA City of Philadelphia v. Patricia Righter City of Philadelphia v. Righter Parking, Inc. a/k/a Righter Parking Company and Robert R. Righter and Anthony L. D Angelo
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA David Seropian, : : Petitioner : : v. : No. 948 C.D. 2010 : State Ethics Commission, : Submitted: October 22, 2010 : Respondent : BEFORE: HONORABLE RENÉE COHN
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Norwegian Township : : No. 1764 C.D. 2012 v. : : Argued: June 19, 2013 Schuylkill County Board of : Assessment Appeals, Pottsville Area : School District : : Appeal
More informationIN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY BRIEF OF APPELLANT C.D.
IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY A.B., Inc., : Case No. Plaintiff-Appellee, : v. : On Appeal from the Scioto County Court of C.D., : Common Pleas, Case No. Defendant-Appellant.
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Anthony Kalmanowicz, : Petitioner : : v. : No. 1790 C.D. 2016 : Submitted: March 17, 2017 Workers Compensation Appeal : Board (Eastern Industries, Inc.), : Respondent
More information