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RAYMOND PETRO AND RICHARD K. WEISSER v. KENNEDY TOWNSHIP BOARD COMMISSIONERS ET AL. (02/11/80)

decided: February 11, 1980.

RAYMOND PETRO AND RICHARD K. WEISSER, APPELLANTS
v.
KENNEDY TOWNSHIP BOARD OF COMMISSIONERS ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Raymond Petro and Richard K. Weisser v. Kennedy Township Board of Commissioners, Scott O'Donnell, John Turyan, Tony Laqiata, William Vaught, Melvin Weinstein, individually and in their capacities as members of the Board of Commissioners of Kennedy Township; Kennedy Township Civil Service Commission, Tony Laqiata, Joseph Latto, Don Demichele, individually and in their capacities as members of the Kennedy Township Civil Service Commission, No. 78-2423 In Equity.

COUNSEL

Theodore O. Dix Koshoff, with him Cheryl Forzley Donohue, for appellants.

Joseph J. Pass, Jr., of Jubelirer, Pass & Intrieri, for appellee.

Judges Crumlish, Jr., Mencer, DiSalle, Craig and MacPhail. President Judge Bowman and Judges Wilkinson, Jr., Rogers and Blatt did not participate. Opinion by Judge MacPhail. Judge DiSalle did not participate in the decision in this case.

Author: Macphail

[ 49 Pa. Commw. Page 306]

Raymond Petro and Richard K. Weisser (Appellants) appeal to this Court from orders entered by the Court of Common Pleas of Allegheny County dated October 12, 1978 and December 15, 1978.

Important to our disposition of this appeal is its present procedural posture. On October 12, 1978, Appellants

[ 49 Pa. Commw. Page 307]

    filed a complaint in equity and a petition for preliminary injunction alleging that their applications to take a civil service examination for full time police officers had been rejected by the Kennedy Township Civil Service Commission (Commission) because applicants did not meet a durational one year residency requirement in Kennedy Township (Township). On the same date, October 12, 1978,*fn1 the Chancellor entered an ex parte order enjoining the Commission from preventing the Appellants' taking of the examination and setting a hearing for October 23, 1978.*fn2 In any event, it does not appear from the record that there was a hearing on October 23. However, on October 18, 1978, the parties signed a stipulation of facts and on November 28, 1978, the Chancellor filed an opinion to which was attached the following order:*fn3

AND NOW, to wit, this 28th day of November, 1978, upon consideration of the Stipulation of Facts, arguments of counsel and briefs submitted, it is ORDERED, ADJUDGED and DECREED that the Request for a Preliminary Injunction is herewith denied.

On December 15, 1978, Appellants filed another complaint in equity to the same number as that assigned to their first complaint*fn4 stating that they had taken and passed the civil service examination, but

[ 49 Pa. Commw. Page 308]

    since the Chancellor had denied their petition for a preliminary injunction, they now wanted the Commission enjoined, inter alia, from enforcing its residency requirement and from hiring any new policemen. On the same date the complaint was filed, the ...


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