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MUSCARELLA v. COM.

No. 10 F.R. 2011

39 A.3d 459 (2012)

Charles MUSCARELLA, Executor of the Estate of Josephine Carbo, individually and on behalf of all others similarly situated, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Publication Ordered January 18, 2012.

Attorney(s) appearing for the Case

Richard F. Stern , Jenkintown and Mitchell A. Kramer , Rydal, for petitioner.

Carol L. Weitzel , Chief Deputy Attorney General, Harrisburg, for respondent.

OPINION BY Judge BROBSON.

Before us is a motion for class certification filed by Charles Muscarella (Petitioner), Executor of the Estate of Josephine Carbo. This motion is presented as an ancillary proceeding in an appeal from the Board of Finance and Revenue (F & R) under Section 763 of the Judicial Code, 42 Pa.C.S. § 763, and Pa. R.A.P. 1571. In the class action petition for review, Petitioner seeks to obtain, individually and on behalf of other similarly...

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