Commonwealth Court of Pennsylvania September 16, 2004 (Bergdoll v. Commonwealth)

CONCURRING AND DISSENTING OPINION BY

Judge PELLEGRINI.

I respectfully dissent from that portion of the majority’s opinion sustaining the preliminary objections filed by the General Assembly, the Attorney General and the Secretary of the Commonwealth (Secretary) in response to Count 2 of the petition for review filed in our original jurisdiction by John G. Bergdoll, Gerald C. Grimaud and Matthew R.