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TODARO v. UPPER MIFFLIN TP. BD. OF SUP'RS

No. 1123 C.D. 2012

58 A.3d 880 (2013)

Anthony M. TODARO, Sr., and Lori Todaro, His Wife v. UPPER MIFFLIN TOWNSHIP BOARD OF SUPERVISORS, Vincent Elbel, Individually and as Sewage Enforcement Officer, Dawn M. Shughart, Oaktree Environmental Services, Inc., Successor to and t/d/b/a: Dew & Sons, Duane Wert, Sr., Individually, Linda Wert, Individually, Duane Wert, Jr., Danny Wert, Individually and Dustin Wert, Individually and Commonwealth of Pennsylvania, State Real Estate Commission as Administrator of the Real Estate Recovery Fund Commonwealth of Pennsylvania, State Real Estate Commission as Administrator of the Real Estate Recovery Fund, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 4, 2013.

Attorney(s) appearing for the Case

Julia A. Feld Caralle , Harrisburg, for appellant.

Sally J. Winder , Newville, for appellees Anthony M. Todaro, Sr., and Lori Todaro.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge (P.), and BROBSON, Judge.

OPINION BY President Judge PELLEGRINI.

The Commonwealth of Pennsylvania, State Real Estate Commission (Commission), appeals from an order of the Court of Common Pleas of Cumberland County (trial court) which ordered that Anthony Todaro, Sr., and his wife, Lori Todaro (collectively, Purchasers) be reimbursed from the Real Estate Recovery Fund (Fund), in accordance with the Real Estate Licensing and Registration Act (Act),1 for damages arising...

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