Opinion
September 28, 2004.
Petition for Allowance of Appeal No. 185 MAL 2003 from the judgment of the Superior Court at 733 EDA 2002, dated February 13, 2003 reversed the order of the Court of Common Pleas of Montgomery County at 07921-00 dated January 25, 2002.
ORDER
AND NOW, this 28th day of September, 2004, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and this matter is REMANDED to that court for reconsideration in light of our decision in Commonwealth v. Young, 849 A.2d 1152 (Pa. 2004). Jurisdiction relinquished.
Justice RUSSELL M. NIGRO notes his dissent to the per curiam order as he would deny the petition.