Kester v. Pennsylvania Board of Probation & Parole

BARRY, Senior Judge.

Francis Kester filed a pleading styled “Motion and Notice Seeking the Board to Lift the Detainer Against Petitioner, Until Charges are Ruled on by the Superior Court”. This Court ordered that the pleading be treated as a petition for review in our original jurisdiction challenging the detainer lodged against Kester by the Pennsylvania Board of Probation and Parole (the Board). The Board filed preliminary objections in the nature of a demurrer contending that (1) detainer actions lie within this Court’s appellate jurisdiction rather than its original jurisdiction, and that…