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IN RE ANNUAL AUDIT OF BOROUGH OF WHITEHALL

842 A.2d 1040 (2004)

In re ANNUAL AUDIT OF BOROUGH OF WHITEHALL For the Year 2002. Appeal of Franco Moscatiello.

Commonwealth Court of Pennsylvania.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Sean P. Audley, Pittsburgh, for appellant.

David P. Helwig, Pittsburgh, for appellee.

BEFORE: COLINS, President Judge, SIMPSON, Judge and JIULIANTE, Senior Judge.

OPINION BY Judge SIMPSON.

Frank Moscatiello (Moscatiello) advocated a $3400 surcharge of officials of the Borough of Whitehall (Borough). When the auditors failed to include a surcharge in their 2002 audit, Moscatiello appealed. Unfortunately, his appeal was not accompanied by a bond, as required by Section 1045 of The Borough Code.1 Consequently, the Court of Common Pleas of Allegheny County (trial court) set aside his appeal. Because...

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