Herrschaft v. Department of Corrections
This text of 934 A.2d 702 (Herrschaft v. Department of Corrections) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
AND NOW, this 21st day of November, 2007, the order of the Commonwealth Court is VACATED, and the matter is remanded for further proceedings. The order under review initially observes that the Department may rely on a court order reflecting fines, costs, and restitution in implementing 42 Pa.C.S. § 9728, but then merely recites that the Department relied on a “communication” from the trial court (or more properly, the clerk of courts) indicating outstanding obligations. Such commentary was insufficient to support the award of summary relief.
We offer no opinion concerning the disposition of the petition for review on any other or related ground.
Jurisdiction is relinquished.
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934 A.2d 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrschaft-v-department-of-corrections-pa-2007.