D.E.S. v. Commonwealth

McGINLEY, Judge.

This is an appeal by D.E.S. (Petitioner) from an order of the Office of Hearings and Appeals (O.H.A.) which denied Petitioner’s request for attorneys’ fees and expenses pursuant to the Act of December 13, 1982 (Costs Act), P.L. 1127, 71 P.S. §§ 2031-2035 (Supp.1989).1 We affirm.

There is no dispute as to the following facts. On May 8, 1986, Petitioner struck his eleven year-old daughter, L.S., after she became disruptive and threw a push-up (popeicle) in the garbage. To escape punishment, L.S. ran to her parents’ bedroom and attempted to close the door. (Notes of Testimony,…