IN RE NOMINATION PETITION OF BENNINGHOFF


847 A.2d 144 (2004)

In the Matter of the NOMINATION PETITION OF Kerry BENNINGHOFF, (Republican) Candidate for Representative in the General Assembly from the 171st Legislative District. Paula F. Smith, Petitioner.

Commonwealth Court of Pennsylvania.

Decided March 23, 2004.

As Amended May 10, 2004.


Attorney(s) appearing for the Case

John J. Connelly, Jr., Hershey, for petitioner.

Lawrence J. Tabas and Dorothy M. Claeys, Philadelphia, for respondents.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and SIMPSON, Judge.


OPINION BY Judge PELLEGRINI.

Before this Court is a petition to set aside the nomination petition of Kerry Benninghoff (Benninghoff), the Republican Candidate for the Office of Representative in the General Assembly from the 171st Legislative District filed by Paula F. Smith (Smith). Smith is a registered Republican and a qualified elector of the 171st Legislative District, Centre County, Pennsylvania.

Benninghoff filed a nomination petition with the Office...

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