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SMITH v. COYNE

555 Pa. 21 (1999)

722 A.2d 1022

Robert SMITH and Gayle Rusch v. Michael F. COYNE, Prothonotary of Allegheny County, Pennsylvania, and Carmen Nobile. Appeal of Landlord Service Bureau, Inc. Robert Smith and Gayle Rusch v. Michael F. Coyne, Prothonotary of Allegheny County, Pennsylvania, and Carmen Nobile. Appeal of American Congress of Real Estate, Inc. Robert Smith and Gayle Rusch v. Michael F. Coyne, Prothonotary of Allegheny County, Pennsylvania and Carmen Nobile. Appeal of Apartment Association of Metropolitan Pittsburgh, Apartment Association of Greater Philadelphia, Housing Authority of the City of Pittsburgh and Pittsburgh Factors.

Supreme Court of Pennsylvania.

Decided January 19, 1999.

Reargument Denied March 10, 1999.

Attorney(s) appearing for the Case

Dianna C. Wyrick, Thomas M. Hardiman, Pittsburgh, D. Michael Fisher, Intervenor, Harrisburg, for Landlord Service Bureau, Inc.

Vincent Scaglione, Jr., Pittsburgh, for appellant intervenor, Ass'n of Metropolitan Apart., and appellants.

Bradley S. Dornish, Robert E. Bittner, Philip J. Scolieri, Kristine M. Faust, Pittsburgh, for American Congress of Real Estate.

Paul W. O'Hanlon, Richard S. Matesic, Margaret J. Fried, and Barbara Kern, Neighborhood Legal Services Association, Pittsburgh, and Robert J. Damewood, Regional Housing Legal Services, Pittsburgh, for appellees Robert Smith and Gayle Rusch.

Donald Driscoll, Intervenor, for Metropolitan Tenants Organization.

Ronald G. Backer, Pittsburgh, for Michael F. Coyne.

John L. Chaffo, Jr., Pittsburgh, for Carmen Nobile (not involved).

Before FLAHERTY, C.J., and CAPPY, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from an order of the Court of Common Pleas of Allegheny County striking as unconstitutional certain provisions of Pa.R.C.P.D.J. No. 1008B, as applied to low income persons in a landlord tenant action.1 Rule 1008B states that a tenant's appeal from a judgment of a district justice granting possession of the property...

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