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PETITION FOR ELECTION TWO ADDITIONAL SUPERVISORS BIRMINGHAM TOWNSHIP. PATRICIA B. KOEDDING (10/27/88)

decided: October 27, 1988.

IN RE: PETITION FOR ELECTION OF TWO ADDITIONAL SUPERVISORS IN BIRMINGHAM TOWNSHIP. PATRICIA B. KOEDDING, APPELLANT


Appeal from the Order of the Court of Common Pleas of Delaware County in the case of In Re: Petition for Election of Two Additional Supervisors in Birmingham Township, No. A-40-300-1988.

COUNSEL

Mary M. Rogers, with her, Edward J. Carney, Jr., Petrikin, Wellman, Damico, Carney & Brown, for appellant.

Francis P. Connors, for appellee, Delaware County Board of Elections.

Thomas Livingston, with him, Arthur Thomas Donato, Jr., Malady & Donato, for appellees, Reiter and Cialini.

Judges Barry and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 120 Pa. Commw. Page 587]

Patricia Koedding (Appellant) appeals from a decision of the Court of Common Pleas of Delaware County which refused to set aside a petition to place a question on the November 1988 ballot which was presented by certain requestors*fn1 to the Delaware County Election Bureau (Bureau). The question which the requestors seek to place on the ballot is whether two additional township supervisors should be elected to serve in Birmingham Township.*fn2

[ 120 Pa. Commw. Page 588]

The following relevant facts have been stipulated to by the parties:*fn3

(1) The petition filed with the Bureau contained eight pages, not numbered, not stapled or otherwise affixed together, but in one folder.

(2) The minimum number of valid signatures required on the subject petition filed with the Bureau necessary to meet the requirements of Section 402 of the Township Code is 70.

(3) Not including any signature on the petition filed with the Bureau which has been objected to by Petitioners [Appellant] herein, ...


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