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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Louise A. Elliott and Robert Elliott, husband and wife, Appellants v. The County of Berks and Berks County Home-Berks Heim : : : : : : : :

No. 904 C.D. 2011 Argued: December 12, 2011

BEFORE:

HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge HONORABLE BERNARD L. McGINLEY, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY PRESIDENT JUDGE LEADBETTER1

FILED: February 7, 2012

Louise A. Elliott and Robert Elliot, husband and wife, (hereinafter, the Elliotts), appeal from the order of the Court of Common Pleas of Berks County (trial court) that sustained the preliminary objections of the County of Berks and the Berks County Home-Berks Heim (collectively, Appellees) to the Elliotts' amended complaint. The County of Berks, a political subdivision of the

Commonwealth, runs the Berks County Home-Berks Heim, a residential facility located in Leesport, Pennsylvania. The Elliotts asserted that Appellees were

This case was assigned to the opinion writer on or before January 6, 2012, when President Judge Leadbetter completed her term as President Judge.

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negligent in the care, custody and control of their real property and that Mrs. Elliott suffered injuries as a result. Concluding that the Elliotts' claim did not fall within the real property exception to governmental immunity under Section 8542(b)(3) of the Judicial Code (Code), as amended, 42 Pa. C.S.

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Pennsylvania Law