ORDER

AND NOW, this 18th day of February, 2003, the Petition for Allowance of Appeal at No. 543 MAL 2002 is hereby DENIED. The Cross-Petition for Allowance of Appeal at No. 585 MAL 2002 is hereby GRANTED. The order of the Commonwealth Court is vacated and the matter is remanded for reconsideration in light of Burger v. UCBR, 569 Pa. 139, 801 A.2d 487 (2002).

Justice LAMB did not participate in the consideration or decision of this matter.