Appeals, Nos. 40 and 41, March T., 1959, from order of Court of Quarter Sessions of Dauphin County, June T., 1953, No. 238, in re widening of State Highway Route No. 199, section No. 2, through Elizabethville Borough. Order affirmed.
William S. Bailey, with him John B. Pearson, and Bailey, Pearson, Miller & Bolton, for appellant.
Michael J. Stack, Jr., Deputy Attorney General, John R. Rezzolla, Jr., Frank E. Roda and Michael R. Deckman, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 12]
This controversy arises out of the reconstruction by the Department of Highways of Route No. 199 through the Borough of Elizabethville, Dauphin County.The court of quarter sessions appointed viewers to assess damages to properties owned by Edward T. Romberger and Blanche E. Romberger, his wife. On
[ 190 Pa. Super. Page 13]
February 15, 1955, the report of the viewers was presented to the court of quarter sessions and confirmed nisi. On March 9, 1955, the Commonwealth filed an appeal in the court of quarter sessions, alleging that the damages awarded were excessive and improper. The property owners have appealed to this court from an order dated May 12, 1958, directing the clerk of the court of quarter sessions to transfer the record as a timely appeal to the prothonotary of the court of common pleas. The intervening procedural history appears in the following excerpt from the opinion of Judge SOHN:
"On April 15, 1955, the Commonwealth filed a praecipe directed to the Clerk of the Courts, directing him to certify the record in this matter to the Court of Common Pleas. Nothing was done with respect to this matter, the Prothonotary having refused to have the matter certified to him pursuant to the praecipe only.
"On April 18, 1955, a regular motion day, a motion to quash the appeal of the Commonwealth was presented in open court by William S. Bailey, of the firm of Bailey and Rupp, attorneys for Edward T. Romberger and Blanche E. Romberger. This latter statement appears through the representation of counsel for the property owners, but said motion does not even now appear on record in the courts. On his calendar for that day, the Clerk of the Courts noted that we directed that the matter raised by the motion be placed upon the argument list.
"On June 28, 1955, the matter was argued before the court on the motion to quash. At the time of the argument, the court pointed out that the motion to quash the Commonwealth's appeal did not appear of record and was not in the files. As a matter ...