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IN RE PENDER

No. 1654 C.D. 2010.

25 A.3d 453 (2011)

In re: Petition for Appointment of Constable Bernard E. PENDER for the 2nd Ward of Allentown. Appeal of: Bernard E. Pender.

Commonwealth Court of Pennsylvania.

Decided July 15, 2011.

Attorney(s) appearing for the Case

Joseph P. Maher , Allentown, for appellant.

Kevin P. McCloskey , Allentown, for appellee County of Lehigh.

BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and FEUDALE, Senior Judge.

OPINION BY Judge PELLEGRINI.

Bernard E. Pender (Pender) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) denying his petition seeking appointment as constable for the 2nd Ward in Allentown because he was not "suitable" for the position. For the reasons that follow, we affirm the trial court's order.

44 Pa.C.S. § 7121 provides that:

When a vacancy occurs in the office of constable, regardless of the reason for...

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