In Re:mination ition of Gordon Marburger, Appeal of: James S. Powers and Marlene E. Lott (per curiam order)

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[J-50-2014] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT IN RE: NOMINATION PETITION OF : GORDON MARBURGER FOR THE : REPUBLICAN NOMINATION FOR : REPRESENTATIVE IN THE GENERAL : ASSEMBLY FROM THE 12TH DISTRICT : IN THE REPUBLICAN PRIMARY OF MAY : 20, 2014 : : APPEAL OF: JAMES S. POWERS AND : MARLENE E. LOTT : No. 15 WAP 2014 Appeal from the Order of the Commonwealth Court entered April 17, 2014 at No. 180 MD 2014. SUBMITTED: April 23, 2014 ORDER PER CURIAM AND NOW, this 2nd day of May, 2014, the Order of the Commonwealth Court is hereby REVERSED. See In re Nomination Petition of Guzzardi, No. 29 MAP 2014 (Pa. May 1, 2014) (per curiam order with opinions to follow) (stating that nunc pro tunc principles cannot apply to cure a fatal defect under Section 1104(b)(3) of the Ethics Act, 65 Pa.C.S. §1104(b)(3)). It is further ORDERED that Gordon Marburger s name is to be STRICKEN from the primary ballot for the Republican Party nomination for the Office of Representative in the General Assembly from the 12th District. Mr. Justice Baer files a concurring statement in which Madame Justice Todd joins.

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