Opinion
[J-82-2003].
Submitted: March 20, 2003.
Decided: February 17, 2004.
No. 5 WAP 2003, Appeal from the Order of the Commonwealth Court dated April 22, 2002, at No. 1721 CD 2001 reversing the Order of the Court of Common Pleas of Butler County dated November 6, 2000, at Nos. 25, 26, 27/74, 64/75, 152/73, 56/75, 62/75, 63/75, and 2-105/75.
Leo M. Stepanian Butler, for Lisa W. Lotz and William L. Patterson.
Randall N. Sears, Camp Hill, for Dept. of Corrections.
Amy M. Elliott, for Bd. of Probation and Parole, amicus curiae.
Mark A. Mateya, Robert L. Knupp, Harrisburg, for County Commissioners Ass'n of Pennsylvania.
Ernest D. Preate, Jr., Scranton, for Darryl Buck, amicus curiae.
Before: CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.
ORDER
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.