PENNSYLVANIA BANKERS v. DEPT. OF BANKING

No. 42 M.D. 2005, No. 98 M.D. 2005, No. 157 C.D. 2005.

981 A.2d 975 (2009)

PENNSYLVANIA BANKERS ASSOCIATION and the Pennsylvania Business Bank, Petitioners v. PENNSYLVANIA DEPARTMENT OF BANKING and TruMark Financial Credit Union, Respondents Pennsylvania Bankers Association, Pennsylvania Business Bank, Fulton Bank, and Premier Bank, Petitioners v. Pennsylvania Department of Banking, Pennsylvania Department of Revenue, The Attorney General of the Commonwealth, and Freedom Credit Union, Respondents Pennsylvania Bankers Association and the Pennsylvania Business Bank, Petitioners v. Pennsylvania Department of Banking, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 28, 2009.


Attorney(s) appearing for the Case

Raymond P. Pepe, Harrisburg, for petitioner, Pennsylvania Bankers Association.

Linda Carroll, Deputy Chief Counsel, Harrisburg, for respondent, Department of Banking.

Francis Crowley, Philadelphia, for respondent, Freedom Credit Union.

Daniel T. Fitch, Philadelphia, for respondent, Trumark Financial Credit Union.

BEFORE: SIMPSON, Judge, and FRIEDMAN, Senior Judge, and McCLOSKEY, Senior Judge.


OPINION BY Judge SIMPSON.

TABLE OF CONTENTS

  I. Statutory History  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    979

 II. Factual and Procedural History . . . . . . . . . . . . . . . . . . . . . . . .    980

     A. Historical Background . . . . . . . . . . . . . . . . . . . . . . . . . . .    980

     B. Procedural Background . . . . . . . . . . . . . . . . . . . . . . . . . . .    981
        1. Department Proceedings ....

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