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SCHRIER v. KISSELBACK

879 A.2d 834 (2005)

Christopher N. SCHRIER, as Republican Candidate for Township of Bensalem Council and Scott Blacker and Tim Wharton, as Democratic Candidates for Township of Bensalem Council v. Edward KISSELBACK, Republican Councilman for Township of Bensalem and Republican Candidate for an Unlawful Third Term of Office, Councilman Joseph Szafran, Unlawfully Serving a Fourth Term, Councilman William Maddocks, Unlawfully Serving a Third Term, and Mayor Joseph Digirolamo, Unlawfully Serving a Third Term Appeal of: Scott Blacker and Tim Wharton, as Democratic Candidates for Township of Bensalem Council.

Commonwealth Court of Pennsylvania.

Decided July 21, 2005.

Attorney(s) appearing for the Case

Lawrence M. Otter, Doylestown, for appellants.

Joseph W. Pizzo, Trevose, for appellees.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

Democratic candidates (Challengers)1 for City Council in the Township of Bensalem appeal the order of the Court of Common Pleas of Bucks County that sustained the preliminary objections2 of the incumbents (Office Holders),3 and dismissed Challengers' amended complaint with prejudice.4 On appeal, Challengers

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