DISSENTING OPINION BY
Judge SIMPSON.For the reasons set forth in my dissenting opinion in the companion case of Sears, et al. v. Tom Corbett, et al., 49 A.3d 463 (Pa.Cmwlth.2012) (Simpson, J., dissenting), I would sustain the preliminary objection in the nature of a demurrer and dismiss *93the second amended petition for review with prejudice.
Judge McGinley joins in this dissenting opinion.