Weaver v. Pennsylvania Board of Probation & Parole

I respectfully dissent. Because I believe that Ronald D. Weaver’s (Weaver) mandamus petition states a cause of action which is properly before this court, I would overrule the Pennsylvania Board of Probation and Parole’s (Board) preliminary objection in the nature of a demurrer.1

In reaching a contrary result, the majority: (1) violates the rule of law governing preliminary objections, which requires this court to accept all well pled allegations as true and which prohibits this court from considering factual matters not disclosed in the record, Hawks by Hawks v. Livermore, 157 Pa.Cmwlth. 243,…