Commonwealth Court of Pennsylvania January 12, 1995 (Ray v. Pennsylvania State Police)

SILVESTRI, Senior Judge,

dissenting.

Because I believe the preliminary objections filed by the Defendant’s should have been dismissed, I dissent from the majority’s opinion affirming the trial court’s sustaining of the same.

I believe the Court of Common Pleas’ reasoning in the Geiges case, Geiges v. Rosko, 49 Pa. D & C 3rd 61 (1987), cited by Ray, is correct.