Opinion
December 4, 2002.
No. 517 MAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court.
ORDER
AND NOW, this 4th day of December 2002, the Petition for Allowance of Appeal is GRANTED. This matter is VACATED and REMANDED to the Commonwealth Court for consideration of the merits of the sovereign immunity arguments the court deemed waived.
See Tulewicz v. Southeastern Pennsylvania Transportation Authority, 606 A.2d 427, 429 (Pa. 1992) (defense of sovereign immunity is non-waivable).