Opinion
December 3, 1996.
Petition No. 188 E.D. Allocatur Docket 1995, for Allowance of Appeal from the Order of the Commonwealth Court, 655 A.2d 678, dated February 16, 1995, entered at Docket No. 2785 C.D. 1993, affirming the Order of the Court of Common Pleas of Delaware County at Docket No. 87-16631, entered on October 28, 1993.
ORDER
AND NOW, this 3rd day of December, 1996, the Petition for Allowance of Appeal is GRANTED. The Order of the Commonwealth Court is hereby REVERSED and this case is REMANDED to the Delaware County Court of Common Pleas for it to reconsider the issue of the denial of Petitioner's motion to strike Respondents' untimely Answer and New Matter in light of Peters Creek Sanitary Authority v. Welch, 681 A.2d 167 (Pa. 1996).
NEWMAN, J., did not participate in the consideration or decision of this matter.