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HOWARD BOOFER, Appellee v. LISA W. LOTZ, BUTLER COUNTY CLERK OF COURTS; AND WILLIAM L. PATTERSON, COURT ADMINISTRATOR, Appellants.

ORDER

PER CURIAM.

AND NOW, this 17th day of February 2004, the order of the Commonwealth Court is REVERSED and the matter is REMANDED. The Commonwealth Court erred in granting appellee relief upon a claim neither preserved below nor raised on appeal. See Pa.R.C.P. 227.1(b); Pa.R.A.P. 302(a); see also Danville Area School District v. Danville Area Education Association, 754 A.2d 1255, 1259 (Pa. 2003). The matter is remanded for review of the issues appellee properly raised and preserved for appeal.

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BOOFER v. LOTZ
(Feb 17, 2004)