Osser v. City of Philadelphia, 441 A.2d 1317 (Pa. Super. Ct. 1982). · Go Syfert
Search
Osser v. City of Philadelphia, 441 A.2d 1317 (Pa. Super. Ct. 1982). Cases Citing This Book View Copy Cite
22 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Donaldson v. Ritenour (pa, 1986-07-09)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Donaldson v. Ritenour (2×)
Pa. · 1986 · confidence medium
Osser v. City of Philadelphia, 295 Pa.Super. 447 at 449 , 441 A.2d 1317 at 1318 (1982); citing Commonwealth v. Sensi, 287 Pa.Super. 452 at 454 , 430 A.2d 691 at 692 (1981). 330 Pa.Super. 76 , 478 A.2d 1357 at 1358 .
cited Cited as authority (rule) Township of Eldred v. County of Monroe
Pa. · 1984 · confidence medium
Osser v. City of Philadelphia, 295 Pa.Super. 447 at 449 , 441 A.2d 1317 at 1318 (1982).
discussed Cited as authority (rule) Osser v. City of Philadelphia
Pa. Commw. Ct. · 1983 · confidence medium
He then filed a complaint in the common pleas court, which denied relief pursuant to, inter alia, Section 217 of the Philadelphia Retirement System Ordinance, which provides in pertinent part: Notwithstanding any other provisión of this article, no employee nor any beneficiary desig nated by or for any employee shall be entitled to receive any retirement or other benefit or payment of any kind except a return of contribution paid into the Retirement System, without interest, if such employee (а) pleads or is finally found guilty or pleads no defense, in any court, to any of the following: (1…
discussed Cited "see" Newman v. Thorn (2×)
Pa. · 1986 · signal: see · confidence high
See Osser v. City of Philadelphia, 295 Pa.Super. 447 , 441 A.2d 1317 (1982) (per curiam); Commonwealth v. Sensi, 287 Pa.Super. 452 , 430 A.2d 691 *281 (1981).
discussed Cited "see" Filler v. Commonwealth Federal Savings & Loan Ass'n (2×)
Pa. Super. Ct. · 1985 · signal: see · confidence high
See Osser v. City of Philadelphia, 295 Pa.Super. 447 , 441 A.2d 1317 (1982).
cited Cited "see, e.g." Monger, S. v. Upper Leacock Twp.
Pa. Super. Ct. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Osser v. City of Phila., 441 A.2d 1317, 1318 (Pa. Super. 1982).
Retrieving the full opinion text from the archive…
Maurice OSSER, Appellant,
v.
CITY OF PHILADELPHIA
2293.
Superior Court of Pennsylvania.
Feb 19, 1982.
441 A.2d 1317
Neil E. Jokelson, Philadelphia, for appellant., John McNally, Jr., Deputy City Solicitor, Philadelphia, for appellee.
Cavanaugh, Johnson, Lipez.
Cited by 11 opinions  |  Published
PER CURIAM:

This appeal is from an order in which the court of common pleas below upheld the determination of the Pension Board of the City of Philadelphia that, under section 217 of the City Pension Ordinance, appellant’s federal conviction for[*449] mail fraud had resulted in forfeiture of his city pension. Appellant claims here, as he did below, that the pension board’s interpretation of section 217 was erroneous; that his city pension was a vested right, incapable of forfeiture; and that denial of his pension violated both his equal protection and due process rights.

With exceptions inapplicable here, section 762(a)(4)(i)(B) of the Judicial Code, 42 Pa.C.S. § 762(a)(4)(i)(B), gives the Commonwealth Court exclusive jurisdiction of appeals from final orders of the courts of common pleas in actions or proceedings in which the application, interpretation or enforcement of any local ordinance is drawn into question. See Commonwealth v. Sensi, 287 Pa. Super.Ct. 452, 454, 430 A.2d 691, 692 (1981). “However, because appellee failed to object to this court’s lack of jurisdiction, our jurisdiction has been perfected, and we have discretion either to decide the case on the merits or transfer it to Commonwealth Court. 42 Pa.C.S. § 704(a); Pa.R.A.P. 741(a); see Jost v. Phoenixville Area School District, 267 Pa.Super. 461, 465, n. 1, 406 A.2d 1133, 1135, n. 1 (1979); see also Commonwealth v. Meyer, 488 Pa. 297, 304-05, n. 9, 412 A.2d 517, 520, n. 1 (1980).” Id.

As in Commonwealth v. Sensi, supra, we believe the Commonwealth Court’s greater expertise in the issues raised here make transfer to that court appropriate. Moreover, transfer of this case will prevent unnecessary confusion and lack of coordination, since Commonwealth Court will be the forum for similar cases in this developing area of the law, in which guidance from our Supreme Court has thus far been scant because of the diversity of views among the Justices. See, e.g., Miller v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, - Pa. -, 445 A.2d 88 (1981) (opinion in support of affirmance by O’Brien, C. J., joined by Nix and Flaherty, JJ.; separate opinion in support of affirmance by Nix, J.; opinion in support of reversal by Roberts, J., joined by Larsen and Kauffman, JJ.), petition for reargument pending.

Case transferred to Commonwealth Court.