Opinion
Argued April 10, 1980
June 12, 1980.
Argued April 10, 1980, before President Judge CRUMLISH and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.
Appeal, No. 2932 C.D. 1978, from the Order of the Court of Common Pleas of Montgomery County in case of David Wolfgang v. Vito Fusco, Plymouth Township Police, Civil Service Commissioner and Board of Township Commissioners, No. 75-10650.
Complaint in equity in the Court of Common Pleas of Montgomery County to enjoin holding of promotion examination, to compel promotion of plaintiff and to recover damages. Defendants filed answers and new matter and motion for summary judgment. Motion for summary judgment granted. CIRILLO, J. Plaintiff appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Walter McDonough, with him Edwin L. Guyer and Arthur L. Gutkin, for appellant.
Arthur Lefkoe, for appellees.
David Wolfgang appeals an order of the Montgomery County Common Pleas Court granting appellees', Vito Fusco et al., motion for summary judgment.
The case arises out of Wolfgang's requested promotion to the rank of Sergeant based upon the results of a civil service test, the number of available positions, and the right of the township to vacate these lists under Section 512 of the Plymouth Township Civil Service Act.
Section 512 of the rules and regulations prescribed by the Civil Service Commission of Plymouth Township, adopted by the Civil Service Commission on August 23, 1973, and approved by the Board of Township Commissioners on September 10, 1973 (Since supplanted by the Administrative Code of Plymouth Township adopted by Ordinance No. 752 on August 9, 1976).
Review of the record and the pleadings discloses no dispute of any material fact and that this issue is governed by Section 512 of the Plymouth Township Civil Service Act. We, therefore, affirm on the able opinion by Judge VINCENT A. CIRILLO, entered January 17, 1979 at No. 75-10650, Civil Action-Law, Court of Common Pleas of Montgomery County.
ORDER
AND NOW, this 12th day of June, 1980, the order of the Court of Common Pleas of Montgomery County is affirmed.