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Home My WebLink About03-2768 CivilWEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, Plaintiffs VS. RICHARD WILSON and MARY WILSON, Defendants date. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2768 EQUITY CIVIL ACTION - EQUITY IN RE: PETITION FOR PRELIMINARY INJUNCTION BEFORE HESS. J. OPINION AND ORDER Before the court is a request of the plaintiffs for injunctive relief. Hearing was held this The file in this case was brought to the Chambers of the undersigned shortly before the hearing. It contained only our order of June 12, 2003, setting the hearing. For reasons unknown to the court the original petition was not left with the Prothonotary when it was filed. The petition has since been made a part of the file. The response of the defendant (some twenty-two pages which he read into the record) has been marked as an exhibit and is now part of the file. It is only after this morning's hearing that we have had the opportunity to review the file in its entirety and it is belatedly apparent to the court that no complaint in equity has been filed in this matter. This is a fatal procedural defect. As noted in Hartman v. Peterson, 265 A.2d 127 (Pa. 1970), an action may not be commenced by petition. Rather, an action is commenced by complaint or by a writ of summons. It is not our habit to elevate form over substance. The defect, however, in this case is 03-2768 EQUITY jurisdictional and we are simply without "power to make any order whatsoever." Hartman at 128. See also DeSanto et al. v. Smith, 38 C.L.J. 161 (1987, Bayley J.) Accordingly, we enter the following order. ORDER day of June, 2003, the petition for preliminary injunction is AND NOW, this DISMISSED. BY THE COURT, Steven J. Fishman, Esquire For the Township Richard and Mary Wilson Pro Se :rlm Kevin A. Hess, J. 2 WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, Plaintiffs VS. RICHARD WILSON and MARY WILSON, Defendants 1NRE: AND NOW, this DISMISSED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2768 EQUITY CIVIL ACTION - EQUITY PETITION FOR PRELIMINARY INJUNCTION BEFORE HESS. J. ORDER 20th day of June, 2003, the petition for preliminary injunction is BY THE COURT, Steven J. Fishman, Esquire For the Township Richard and Mary Wilson Pro Se :rlm Kevin A. Hess, J.