Patricia A. McCullough

Deshon M. Gibson petitioned for review of the Pennsylvania Parole Board's May 2024 decision denying administrative relief from its earlier order recommitting him as a convicted parole violator to serve six months' backtime, recalculating his maximum sentence, and denying credit for time spent at liberty on parole. Gibson had been released on parole in 2021 after serving part of a 10-to-20-year sentence for attempted murder and aggravated assault, but was arrested within two months for new drug and firearms offenses and later convicted. The Board explained its denial of credit by citing Gibson's unresolved drug issues and the short time between his release and rearrest. The Commonwealth Court affirmed, concluding that the Board had provided a contemporaneous, reasonable, and record-supported rationale for denying credit as required by applicable precedent.

criminal lawprocedure

The case involved Howland Company, LLC and John Evan challenging penalties imposed by the Pennsylvania Department of Labor and Industry for violations of the Lead Certification Act and associated regulations during lead abatement work. The Department had imposed a $14,000 civil penalty and a three-year suspension of their lead abatement licenses and certificates based on multiple safety and certification violations observed at several job sites. Petitioners argued that the violations were not proven and that the suspensions were excessive. The Commonwealth Court affirmed the Department's order, finding that the violations were established and that the penalties were appropriate to protect public health and deter future misconduct.

business & regulatorylabor & employmentenvironment

The case involves wrongful death and survival claims brought by Pascal Lombardot, as administrator of the estate of Yu-Yuan Lin, following a fatal 2019 motor vehicle accident at an intersection in Whitpain Township where a school bus driven by Dominic McNamee for the Wissahickon School District collided with another vehicle that turned into its path, striking the decedent's car. The trial court granted summary judgment to the School District, McNamee, and the Township. On appeal, the Commonwealth Court addressed motions to quash, concluding that the trial court's November 21, 2024 orders were interlocutory because they did not dispose of all claims against all remaining parties and had not been rendered final by discontinuances or other court action. The court therefore lacked jurisdiction and quashed the appeals.

proceduretorts & liability

The case centered on a long-running dispute over Carlino's plans to develop a shopping center on its property in East Brandywine Township, which required building a connector road across adjacent land owned by L&R Partnership and involved a 2014 condemnation and a 2019 development approval with conditions on traffic impact fees. The trial court granted Carlino a permanent injunction barring the Appellants (Brandywine Village Associates, L&R, and related parties) from interfering with the project and excluded their proffered evidence under the doctrine of collateral estoppel from a prior declaratory judgment action. On appeal, the Commonwealth Court determined that collateral estoppel did not apply because the issues and parties in the prior action were not identical in the required way. The court therefore vacated the trial court's order granting the injunction and remanded for further proceedings, including potential reconsideration of the excluded evidence.

propertybusiness & regulatoryprocedure

The case involved Radnor Township appealing a trial court ruling that vacated its business privilege tax assessments on the membership dues, fees, and assessments collected by Overbrook Golf Club and Radnor Valley Country Club. The Commonwealth Court affirmed the trial court, concluding that these revenues are not subject to the Township's tax. The core reasoning was that the Local Tax Enabling Act expressly excludes membership dues, fees, or assessments of nonprofit organizations such as golf clubs from local business privilege taxation, and that member-owned clubs are not engaged in a taxable business because their members act as collective owners rather than customers purchasing services.

taxesbusiness & regulatory

The case involved an accounting firm's appeal of an Unemployment Compensation Board of Review order granting benefits to a former employee who voluntarily resigned, claiming a hostile work environment under Section 402(b) of the Unemployment Compensation Law. The claimant alleged issues such as being ignored, spoken down to, and subjected to profanity, but the referee denied benefits after finding she had not informed her employer of these problems before quitting. The Board reversed the referee and awarded benefits, but the Commonwealth Court reversed the Board, holding that the claimant failed to prove a necessitous and compelling reason to quit because she did not communicate her concerns to management or make reasonable efforts to preserve her employment, and that post-resignation conduct was irrelevant. The court emphasized that continued work was available and the claimant's actions did not demonstrate she had no choice but to leave.

labor & employment

Denzil Wagoner, III petitioned for review of the Pennsylvania Parole Board's decision recommitting him as a convicted parole violator for 12 months backtime, recalculating his maximum sentence date, and denying credit for time at liberty on parole following new criminal convictions while on parole. The Board moved to quash the petition as untimely filed. The court determined that even applying the prisoner mailbox rule, the petition was filed beyond the 30-day deadline from the Board's denial of administrative relief, and thus granted the motion to quash for lack of jurisdiction due to untimeliness.

criminal lawprocedure

Breanna Litka petitioned for review of a Workers’ Compensation Appeal Board order that affirmed a Workers’ Compensation Judge’s denial of her Claim Petition alleging a May 21, 2022 lumbar disc injury sustained while working as a home care aid for A-Team Home Care, Inc., and her related Penalty Petition. The Commonwealth Court quashed the petition as untimely. The Board’s decision was issued September 12, 2024, making the 30-day appeal deadline October 14, 2024, but Litka’s initial filing occurred on October 17, 2024. The court held that the delay was not excused by fraud, administrative breakdown, or non-negligent circumstances, as alleged attorney negligence does not qualify for nunc pro tunc relief under Pennsylvania Rule of Appellate Procedure 1512(a)(1) and related precedent.

labor & employmentprocedure

Richard Kimmel petitioned for review of a Department of Human Services order affirming denial of his application for medical assistance and long-term care benefits. The Erie County Assistance Office had denied the application after Kimmel's representatives failed to submit required documentation on the source of certain bank deposits by the February 11, 2022 deadline set in a stipulated agreement from an earlier administrative hearing. The court affirmed the denial, holding that state regulations place the burden on applicants to provide verification of all resources as a condition of eligibility and that the parties' agreement expressly provided that noncompliance would result in the original denial standing. The opinion emphasized that the agency is a payor of last resort and that self-attestations or late submissions do not satisfy the verification requirements.

healthcareprocedure

The case involved Barbara Grabosky's petition challenging the Unemployment Compensation Board of Review's denial of benefits after her termination from Access Services, Inc. as a part-time Certified Peer Specialist. Grabosky was discharged for violating the employer's policy requiring employees to clock out for breaks longer than 20 minutes, after she failed to do so during a 40-minute period when she could not be reached. The Commonwealth Court affirmed the Board's decision, concluding that substantial evidence showed Grabosky had received the employee handbook outlining the policy, had been placed on a performance improvement plan for related issues, and that her supervisor's credited testimony established the violation, which amounted to willful misconduct under Section 402(e) of the Unemployment Compensation Law.

labor & employment

The case involved Deree J. Norman petitioning for review of a Pennsylvania Public Utility Commission (PUC) order that dismissed his complaint against PECO Energy Company. PECO had issued a termination notice for Norman's electric service because he refused access to replace his legacy meter with a mandated smart meter. The court affirmed the PUC's decision, reasoning that state law requires electric companies to install smart meters for all customers without opt-out options, as established by prior Supreme Court precedent, and that PECO's tariff permits service termination for denial of meter access.

business & regulatory

Averill Harris petitioned for review of the Pennsylvania Housing Finance Agency's denial of his request for additional property tax assistance under the PAHAF program, after he had already received one disbursement for that expense along with other forms of aid. The court affirmed the agency's August 2024 decision. The reasoning was that program guidelines permit only a single disbursement per assistance type, the additional taxes sought were for 2023 (ineligible under the requirement for delinquency from 2022 or earlier), and the taxes were not delinquent because the mortgage company had paid them.

propertytaxes

This case involved George Bochetto's appeal from a trial court order denying his petition for attorneys' fees under Section 1304(a) of Pennsylvania's Right-to-Know Law after he submitted a broad records request to the City of Philadelphia Department of Licenses and Inspections regarding a board member's disclosures and communications. The Commonwealth Court vacated the trial court's order and remanded with instructions to dismiss the fee petition for lack of jurisdiction. The court reasoned that fee petitions filed in connection with RTKL appeals to Chapter 13 courts must be submitted within the 30-day time limit set by Section 5505 of the Judicial Code following the trial court's final order on the merits, and Bochetto's petition was undisputedly filed late. The opinion emphasized that this deadline applies to promote finality and that no separate enforcement action was at issue here.

procedure

The case involved a dispute over whether a former custodial worker for Adams County was eligible for unemployment compensation benefits after being terminated for repeatedly removing glass bottles from trash cans in violation of employer policy. The Unemployment Compensation Board of Review determined that the worker had good cause for his actions due to reasonable safety concerns and was thus eligible for benefits under Section 402(e) of the UC Law. The Commonwealth Court affirmed this decision, finding that the Board's conclusion was supported by substantial evidence showing ongoing issues with sharp objects in trash and the employer's inadequate response to safety complaints.

labor & employment

The case involved Franklin Towne Charter High School seeking injunctive relief in Philadelphia County Court of Common Pleas to remove a hearing officer appointed by the School District of Philadelphia and Board of Education in charter revocation proceedings under the Charter School Law, based on alleged bias and due process concerns. The trial court granted the request in part by ordering a replacement hearing officer. In consolidated cross-appeals, the Commonwealth Court vacated the trial court's order and remanded with instructions to dismiss the action. The court held that Franklin Towne failed to exhaust its statutory administrative remedies under the CSL before seeking judicial intervention, as the law provides no role for common pleas courts in the revocation process and due process claims regarding the proceedings must be addressed through completion of that process.

procedure

The case involved the estate of Glenn M. Noel suing the Altoona-Logan Township Mobile Medical Emergency Department Authority (AMED), a local agency providing emergency medical services, for negligence, gross negligence, and wrongful death claims arising from EMS care rendered to the decedent on October 25, 2022. The trial court sustained AMED's preliminary objections and dismissed the complaint with prejudice, finding the claims barred by governmental immunity under the Political Subdivision Tort Claims Act (PSTCA). On appeal, the Commonwealth Court affirmed the dismissal, holding that the PSTCA's comprehensive immunity provisions for local agencies govern and that Section 8151(2) of the Emergency Medical Services System Act does not create an independent exception to immunity for gross negligence claims against such agencies. The court reasoned that the PSTCA establishes an absolute immunity defense subject only to nine narrow exceptions, none of which applied here, and that the EMSSA lacks language expressly waiving immunity for local agency EMS providers.

torts & liabilityprocedure

The case involves abortion care providers challenging Pennsylvania's Coverage Exclusion under the Abortion Control Act, which bars most Medicaid funding for abortions except in narrow circumstances such as to save the mother's life or in cases of reported rape or incest. On remand from the Pennsylvania Supreme Court, which had revived the providers' constitutional claims, the Commonwealth Court reviewed the providers' application for summary relief. The court concluded that the exclusion violates the Equal Rights Amendment and equal protection provisions of the Pennsylvania Constitution, as there was no genuine dispute of material fact on the issue.

abortionhealthcarecivil rights

Joseph Lynch petitioned the Commonwealth Court of Pennsylvania for review of the Office of Attorney General's denial of his Right-to-Know Law request seeking confirmation or details of any OAG investigation into Haverford Township. The OAG had responded that no responsive records existed after conducting a search of its Criminal Law and Public Protection Divisions. The court affirmed the denial, holding that the agency's affidavits were detailed, nonconclusory, and submitted in good faith, which sufficiently established the nonexistence of the requested records under the RTKL. The decision relied on precedent that such affidavits meet an agency's burden absent evidence of bad faith.

procedurecriminal law

The case involved Matthew and Alexandra Garman appealing a three-month suspension of their vehicle registration imposed by the Pennsylvania Department of Transportation (PennDOT) after their insurer notified the agency that liability coverage on their Jeep had lapsed due to nonpayment. The trial court initially sustained the Garmans' statutory appeal based on testimony about a missed autopay payment but later acknowledged error and asked the appellate court to reverse. On appeal, the Commonwealth Court of Pennsylvania reversed the trial court's order and reinstated the suspension. The court held that PennDOT established a prima facie case for suspension under Section 1786(d)(1) of the Vehicle Code with certified documents showing the policy termination, shifting the burden to the Garmans to present clear and convincing evidence that the vehicle was insured at all relevant times or that a statutory defense applied; their explanation of the payment issue did not meet this standard. The court emphasized that it lacked discretion to consider equitable factors like hardship in applying the mandatory suspension provision.

business & regulatory

Terry Mutchler submitted a Right-to-Know Law request to the Pennsylvania Public Utility Commission seeking Section 1329 applications for the acquisition of several municipal water and wastewater systems along with related correspondence involving PUC commissioners and governor's office staff from 2023 onward. The PUC released the applications but withheld portions of the communications as exempt internal predecisional deliberations under Section 708(b)(10)(i)(A) of the RTKL. Mutchler appealed the partial denial to the Office of Open Records, which upheld the PUC's position after reviewing affidavits describing the records. The Commonwealth Court affirmed the OOR's final determination, concluding that the PUC performed a good-faith search and adequately established the exemption with sufficient evidence.

business & regulatoryprocedure