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IN THE INTEREST OF: C.D
PER CURIAM
The order of the Superior Court is hereby reversed. See Commonwealth v. Banks, 540 Pa. 453, 658 A.2d 752 (1995).
Mr. Justice Cappy did not participate in the decision of this case.
Mr. Justice Castille and Madame Justice Newman dissent.
JUSTICE, NIGRO, CONCURRING
I concur in the result reached by the majority. I write separately, however, because I cannot agree that the Commonwealth Court did not have original jurisdiction in this enforcement proceeding. In an enforcement proceeding the inquiry is limited to whether the order itself was complied with, not whether the order was properly entered on the merits. Due to its unique nature, I would find that an enforcement proceeding falls within the Commonwealth Court's original jurisdiction. Nevertheless, I agree with the majority that, in this case, joinder of the Commonwealth, Governor Ridge, the City of Philadelphia, and Mayor Rendell was improper, not only because it infused a new claim into the case but, because joinder of these parties was not necessary for the Commonwealth Court to enforce the Commission's order.
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