Commonwealth v. Fisher

WILLIAMS, Sr. J.,

Rudolph A. Roseo and Marie Roseo presented the instant Petition, pursuant to Pa.R.Civ.P. 133(B)(3)(ii), seeking approval by the court of their private criminal complaint against Fred Fisher, trading as Delaware and Pennsylvania Homes, Inc., which the district attorney had disapproved on September 8, 1983 for the reason, “This is a civil matter”. In the complaint, petitioners charged defendant with theft by deception, as defined by the Criminal Code, 18 Pa.C.S.A. §3922(a)(l)(2) and (3). They averred that “The defendant fail [sic] to live up to the contract that was signed…