IN THE COMMONWEALTH COURT OF PENNSYLVANIA
[PETITIONER LEGAL NAME], Petitioner
v.
[AGENCY LEGAL NAME], Respondent
Docket No.: [___]
VERIFIED PETITION FOR REVIEW OF FINAL AGENCY ADJUDICATION
(Administrative Appeal Pursuant to 2 Pa. Cons. Stat. § 702 and Pa. R.A.P. 1513)
[// GUIDANCE: This template is designed for appellate review of a final Pennsylvania state-agency determination in the Commonwealth Court’s appellate jurisdiction. Confirm venue/jurisdiction before filing (e.g., Local Agency Law or Court of Common Pleas routes may apply in some matters).]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1. Parties.
a. Petitioner: [PETITIONER LEGAL NAME], with principal place of business at [ADDRESS].
b. Respondent: [AGENCY LEGAL NAME], an administrative agency of the Commonwealth of Pennsylvania, having principal offices at [ADDRESS].
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Recitals.
a. On [DATE], Respondent issued a “Final Adjudication and Order” (the “Agency Decision”) adverse to Petitioner.
b. Petitioner was served with the Agency Decision on [DATE OF SERVICE].
c. Petitioner seeks judicial review pursuant to 2 Pa. Cons. Stat. § 702 and Pa. R.A.P. 1513. -
Effective Date. This Petition is deemed filed as of the date stamped by the Prothonotary: [DATE FILED (AUTO-POPULATED BY COURT)].
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Jurisdictional Statement. The Commonwealth Court has appellate jurisdiction over this matter under 42 Pa. Cons. Stat. § 763(a)(1).
II. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned by the Pennsylvania Rules of Appellate Procedure (“Pa. R.A.P.”).
“Administrative Record” – The complete record before Respondent in the underlying administrative proceeding, as required to be certified under Pa. R.A.P. 1951.
“Agency Decision” – The final adjudication, opinion, order, or determination of Respondent dated [DATE].
“Court” – The Commonwealth Court of Pennsylvania.
“Petitioner” – [PETITIONER LEGAL NAME] and any successors or assigns permitted by law.
“Respondent” – [AGENCY LEGAL NAME] and its successors or statutory assigns.
III. OPERATIVE PROVISIONS
3.1 Timeliness & Manner of Appeal.
a. Petitioner files this Petition within the thirty-day statutory period prescribed by Pa. R.A.P. 1512(a)(1).
b. A copy of the Petition has been served upon Respondent and the Attorney General in accordance with Pa. R.A.P. 1514(c).
3.2 Jurisdiction & Venue.
a. Subject-matter jurisdiction lies in the Court pursuant to 42 Pa. Cons. Stat. § 763(a)(1).
b. Venue is proper in Harrisburg, Pennsylvania.
3.3 Parties & Standing. Petitioner was a party aggrieved by the Agency Decision within the meaning of Pa. R.A.P. 501.
3.4 Issues Presented for Review.
1. Whether Respondent erred as a matter of law in [ISSUE 1].
2. Whether substantial evidence supports Respondent’s findings regarding [ISSUE 2].
3. Whether Respondent violated Petitioner’s constitutional rights to [DUE PROCESS / EQUAL PROTECTION] by [ISSUE 3].
[ADD OR DELETE ISSUES AS APPROPRIATE.]
3.5 Standard of Review.
The Court’s review is governed by Pa. R.A.P. 1551 and 2 Pa. Cons. Stat. § 704, which limit the Court to determining whether:
a. constitutional rights were violated;
b. an error of law was committed; or
c. necessary findings of fact are supported by substantial evidence.
3.6 Statement of the Case.
[Concise chronological narrative (≈ 2–3 pages) detailing administrative proceedings, exhibits, hearings, and final order.]
3.7 Requested Relief.
Petitioner respectfully requests that the Court:
a. Reverse the Agency Decision;
b. Remand for proceedings consistent with the Court’s opinion; and/or
c. Grant such further relief as may be just and proper.
IV. REPRESENTATIONS & WARRANTIES
4.1 Exhaustion of Administrative Remedies. Petitioner represents that all non-futile administrative remedies have been exhausted, satisfying the prerequisite to judicial review under 2 Pa. Cons. Stat. § 702.
4.2 Accuracy of Record. Petitioner warrants that, to the best of its knowledge, the Administrative Record as certified by Respondent will be complete and accurate.
4.3 Good-Faith Basis. Counsel certifies under Pa. R.C.P. No. 1023.1 that the claims, defenses, and legal contentions herein are warranted by existing law or a good-faith argument for its extension or modification.
V. COVENANTS & RESTRICTIONS
5.1 Cooperation on Record Preparation. Petitioner covenants to promptly confer with Respondent regarding compilation, pagination, and transmission of the Administrative Record pursuant to Pa. R.A.P. 1951-1954.
5.2 Notice Obligations. Petitioner shall file and serve any required notices of constitutional challenge under Pa. R.A.P. 521(b) within [5] days of filing this Petition.
VI. DEFAULT & REMEDIES
6.1 Agency Default. If Respondent fails to transmit the certified Administrative Record within the timeline set by Pa. R.A.P. 1952, Petitioner may move for appropriate sanctions or for an order compelling production.
6.2 Cost and Fee Shifting. Pursuant to 42 Pa. Cons. Stat. § 2503(7), the Court may award counsel fees if it finds Respondent’s position was arbitrary, vexatious, or in bad faith.
6.3 Graduated Remedies.
a. Motion for Summary Relief under Pa. R.A.P. 1532(b);
b. Application for Supersedeas under Pa. R.A.P. 1781;
c. Petition for Extraordinary Jurisdiction if warranted.
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable to appellate proceedings; none is provided or implied.
7.2 Limitation of Liability. Liability, if any, is limited to the administrative penalties prescribed by statute.
7.3 Force Majeure. Acts of God or events beyond the parties’ control that delay filing shall be addressed via Pa. R.A.P. 1971 (relief in extraordinary circumstances).
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Petition is governed by the laws of the Commonwealth of Pennsylvania, including the Administrative Agency Law (2 Pa. Cons. Stat. § 101 et seq.) and Pa. R.A.P.
8.2 Forum Selection. Exclusive jurisdiction lies in the Commonwealth Court of Pennsylvania, sitting in Harrisburg.
8.3 Arbitration. Arbitration is unavailable for administrative appeals.
8.4 Jury Waiver. This matter proceeds on the record without a jury pursuant to Pa. R.A.P. 1551.
8.5 Injunctive Relief. Nothing herein limits the Court’s authority to issue interim or ancillary relief, including stays or supersedeas, to prevent irreparable harm during pendency of the appeal.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. This Petition may be amended only by leave of Court under Pa. R.A.P. 1513(a).
9.2 Assignment. Rights arising from this Petition are non-assignable except by operation of law.
9.3 Severability. If any provision is found invalid, the remainder shall remain in full force to the extent practicable.
9.4 Integration. This Petition constitutes the entire pleading for appellate review; no prior or contemporaneous statements shall modify its content.
9.5 Service. Service shall be effected per Pa. R.A.P. 121 on all counsel of record, the Attorney General, and the agency’s chief counsel.
9.6 Electronic Filing. Electronic filing through PACFile is authorized and shall constitute the official record copy.
X. EXECUTION BLOCK
Respectfully submitted,
[ATTORNEY NAME], Esquire
PA I.D. No.: [___]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner
Date: [___]
VERIFICATION
I, [AUTHORIZED REPRESENTATIVE NAME], certify that I am authorized to make this Verification, that I have reviewed the foregoing Petition, and that the statements therein are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 (unsworn falsification to authorities).
[NAME], [Title]
Date: [___]
CERTIFICATE OF COMPLIANCE
Pursuant to Pa. R.A.P. 2135(d), I certify that this filing complies with the word-count limitations; the Petition contains [______] words, exclusive of the exempted sections.
[ATTORNEY NAME]
CERTIFICATE OF SERVICE
I hereby certify that on this [DATE] a true and correct copy of the foregoing Petition was served via [METHOD] upon:
1. [NAME], Chief Counsel, [AGENCY]
2. Office of Attorney General, Appellate Litigation Section
3. All other counsel of record via PACFile.
[ATTORNEY NAME]
[// GUIDANCE: Checklist Before Filing
• Confirm appeal deadline (normally 30 days from service).
• Verify agency regulations for any additional exhaustion prerequisites.
• Order certified record promptly to avoid dismissal for failure to transmit.
• Consider filing motion for supersedeas if the Agency Decision is self-executing.
• Attach agency order as Exhibit “A” and certification of service as Exhibit “B.”]