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PALMER v. BARTOSH

No. 137 C.D. 2008.

959 A.2d 508 (2008)

Walter C. PALMER and Terry A. Palmer, husband and wife, Appellants v. Fred BARTOSH, Jr., individually and in his official capacity as Assistant Superintendent of the Wilson Area School District, and Dennis T. Harper, individually and in his official capacity as a Principal in the Wilson Area School District.

Commonwealth Court of Pennsylvania.

Decided October 23, 2008.

Attorney(s) appearing for the Case

John P. Karoly, Jr., Allentown, for appellants.

John E. Freund, III, Bethlehem, for appellees.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and LEAVITT, Judge.

OPINION BY Judge FRIEDMAN.

Walter C. Palmer and Terry A. Palmer, husband and wife (Palmers) appeal from the September 28, 2007, order of the Court of Common Pleas of Northampton County (trial court) granting the preliminary objections (POs) filed by Fred Bartosh, Jr. (Bartosh) and Dennis T. Harper (Harper) (together, Defendants) and dismissing the Palmers' amended complaint (Complaint) in its entirety. We affirm in part, and we vacate and remand in part.

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