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Herrschaft v. Department of Corrections

Supreme Court of Pennsylvania
Nov 21, 2007
934 A.2d 702 (Pa. 2007)

Opinion

November 21, 2007.

Appeal No. 59 MAP 2007 from the Order of the Commonwealth Court dated April 25, 2007 at No. 307 MD 2006.


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.


Summaries of

Herrschaft v. Department of Corrections

Supreme Court of Pennsylvania
Nov 21, 2007
934 A.2d 702 (Pa. 2007)
Case details for

Herrschaft v. Department of Corrections

Case Details

Full title:Harold HERRSCHAFT, Appellant v. DEPARTMENT OF CORRECTIONS, Appellee

Court:Supreme Court of Pennsylvania

Date published: Nov 21, 2007

Citations

934 A.2d 702 (Pa. 2007)
934 A.2d 702