IN RE BENKOSKI


932 A.2d 1023 (2007)

In re Petition to Set Aside Nomination Petitions of Edward A. BENKOSKI, Sr. and Jeffrey P. Stewart-Independent Candidates-4 Year Term, Board of Supervisors. Gary M. Zingaretti, Joseph J. Masi and Ruth Ann Koval, Petitioners Appeal of Edward A. Benkoski, Sr. and Jeffrey P. Stewart. In re Petition to Set Aside Nomination Petitions of Edward A. Benkoski, Sr. and Jeffrey P. Stewart-Independent Candidates-6 Year Term, Board of Supervisors. Gary M. Zingaretti, Joseph J. Masi and Ruth Ann Koval, Petitioners Appeal of Edward A. Benkoski, Sr. and Jeffrey P. Stewart.

Commonwealth Court of Pennsylvania.

Decided September 14, 2007.

Publication Ordered September 27, 2007.


Attorney(s) appearing for the Case

Joseph A. Lach, Kingston, for appellants.

Norman J. Kennard, Harrisburg, for appellees.

BEFORE: COLINS, Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.


OPINION BY Senior Judge KELLEY.

Edward Benkoski, Sr. and Jeffrey P. Stewart appeal from an order of the Court of Common Pleas of Luzerne County (trial court) which granted the petitions to set aside the nomination papers of Benkoski and Stewart as independent candidates for the office of supervisor for Bear Creek Township for the November 6, 2007 general election. We reverse.

On March 5, 2007 and March 6, 2007, respectively, Benkoski and Stewart filed with...

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