Legal Opinion

In Re Petition for Appointment of Constable Pender

Commonwealth Court of Pennsylvania

Decided July 15, 2011No. 1654 C.D. 2010PublishedCited by 5 opinions

1Opinion of the Court

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 the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city,…

2Cases cited1 opinion

  1. In re Petition to Remove Constable VisoskiSuperior Court of Pennsylvania · 2004

3Cited by5 opinions

  1. In re FryCommonwealth Court of Pennsylvania · 2015
  2. In Re Petition for Appointment of Constable PenderCommonwealth Court of Pennsylvania · 2011
  3. In Re Petition for Appointment of Constable PenderCommonwealth Court of Pennsylvania · 2011
  4. In Re: G. Seminerio Appointment to Fill a Vacancy in the Position of Constable for Chestnuthill Twp.Commonwealth Court of Pennsylvania · 2017
  5. L. Durbin v. WCAB (PA Hospital of the University of PA Health System)Commonwealth Court of Pennsylvania · 2016

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