Commonwealth v. DeCinti

OLSZEWSKI, J.,

This action in quo warranto comes before the court to test the validity of the appointment of Sally Jervis to the Council of the Borough of Laflin to occupy the unexpired term of Mario Malvizzi, who allegedly either resigned from or ceased to act officially for the Laflin Borough Council.

The facts of the case have been resolved by the stipulations of counsel, so that no issue of fact remains and no testimony of witnesses was taken per the request of the attorneys involved.

The Council of the Borough of Laflin until January 1, 1978, was made up of six members; after that date, the…