• King v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2018-10-16
    Practice Area: Administrative Law | Regulation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1238

    Board abused discretion in revoking professional licenses based on remote criminal conduct, separated by years of compliance with rehabilitative efforts and gainful employment, based on speculation licensee could pose a risk to members of the public. Order of the State Board of Barber Examiners reversed.

  • The Marcellus Shale Coal. v. Dep't of Envtl. Protection

    Publication Date: 2018-09-04
    Practice Area: Environmental Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1046

    The court found that the regulatory definitions of "other critical communities," "common areas of a schools' property" and "playground contained in 25 Pa. Code §78a.1 were void and unenforceable and §78a.15(g)'s requirement that the department consider comments submitted by municipalities was unconstitutional and unenforceable but denied petitioner's challenge to chapter 78 regulations in all other aspects. Granted in part and denied in part.

  • Halloran v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-06-26
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0761

    Board properly held that bus driver committed willful misconduct and was not eligible for unemployment benefits when he violated a work rule by ceasing to use a detour on his route because his claim of permission to change the route was not supported by the evidence and he was aware of the work rule that prohibited deviations from assigned routes. Affirmed.

  • UnitedHealthcare of Pa., Inc. v. Pa. Dept. of Human Services

    Publication Date: 2018-06-19
    Practice Area: Public Records
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0703

    The proposal documents sought by petitioner, an unsuccessful bidder on a request for proposal, remained exempt from disclosure under §708(b)(26) of the Right-to-Know Law where there had been a selection of offerors but no award of contract. The appellate court affirmed.

  • City of Harrisburg v. Prince

    Publication Date: 2018-05-29
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0626

    The trial court did not err in finding that a spreadsheet containing information about donors to a City of Harrisburg fund set up to defray legal expenses associated with defending local firearm ordinances was not a "financial record" under the Right-to-Know Law and, thus, the spreadsheet was exempt from disclosure under the law's donor exception. The appellate court affirmed the trial court's order.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Gregory v. Pennsylvania State Police

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0577

    Petitioner was entitled to summary relief on the count in his petition asserting that applying SORNA to him would violate the ex post facto clauses of the United States and Pennsylvanias constitutions because petitioner committed his crimes and entered his plea of nolo contendere long before SORNA went into effect and when the registration requirements for attempted rape and rape were much less onerous. Petition granted.

  • Keystone ReLeaf LLC v. Dept of Health

    Publication Date: 2018-05-08
    Practice Area: Administrative Law | Regulation
    Industry: Pharmaceuticals
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0518

    Petitioner failed to exhaust its administrative remedies in its challenge to the department of healths processing of dispensary permit ap-plications because petitioner did not present a facial constitutional challenge to the act or temporary regulations so the constitutional exception to the doctrine of exhaustion of remedies did not apply and petitioner did not show that the departments administrative remedy was inadequate. Petition dismissed.

  • Township of Washington v. Township of Upper Burrell

    Publication Date: 2018-04-24
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0481

    Trial court erred in allocating the local services taxes, from an integrated facility that straddled two townships, based on where within the building the employees worked because that interpretation added language to the statute and the correct allocation was based on boundary lines and the percentage of the property within a particular township. Reversed.

  • Hughes v. Pennsylvania Bd. of Prob. and Parole

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0222

    Parole board correctly added remainder of original sentence, restarting from date of offenders return to the boards custody, following the offenders violation of parole. Order of the Board of Probation and Parole affirmed; counsels application to withdraw granted.

  • Exeter Twp. v. Pennsylvania Labor Relations Bd.

    Publication Date: 2018-02-06
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0076

    PLRB erred in failing to remove zoning officer from unit certification for collective bargaining purposes due to municipalitys failure to present evidence of actual duties, where legislatures statutory imposition of managerial duties upon zoning officers obviated need to present evidence of actual duties. Order of the Pennsylvania Labor Relations Board reversed.