The Commonwealth Court has ruled that a Philadelphia trial judge prematurely denied a man’s petition for payment from the state’s Real Estate Recovery Fund.

A three-judge panel unanimously ruled in an unreported opinion to vacate a ruling of Philadelphia Court of Common Pleas Judge Paul P. Panepinto, saying he should not have tossed out claimant Edward Chaney’s petition before a record could be developed on the disputed factual issues raised by the fund’s answer to the petition.