OPINION OF THE COURT

The petition for allowance of appeal is granted, the order of the Superior Court filed September 27, 1976, 243 Pa.Super. 1, 364 A.2d 420, is vacated, the order of the *390Court of Common Pleas of Northampton County, dated December 23, 1974, is vacated, and the case is remanded to the court of common pleas for further proceedings. See Haberern v. Lehigh and New England Railway Company et al., 554 F.2d 581 (3d Cir. 1977).