It was reported earlier this week that the City of Lancaster’s request for a Stay, pending the constitutional challenge in Leach v. Commonwealth of Pennsylvania, 585 MD 2014, was denied. However, today an Order was issued dated February 13, 2015, which granted the City’s request for a stay.
At my request, Attorney Adam Kraut of our firm called the Lancaster County Prothonotary to determine whether a second order had been issued, which vacated the the February 13, 2015 Order and denied the stay. Attorney Kraut learned that no such second order had been issued and that the only order was the February 13, 2015 Order. At that point, he reached out to reporter Nephin and Judge’s chambers to determine why it was reported that the Stay was denied, when the Order reflects that it was granted. It was thereafter learned that the Order was granted in error and that the Request for Stay had been denied. Upon learning of the error, Judge Madenspacher immediately issued a new Order, vacating the February 13, 2015 Order and denying the Request for Stay.
Thanks to the diligent efforts of Attorney Kraut, the proper order has been issued. Absent his devotion, it is unknown when this issue would have come to light.