*892 ORDER

AND NOW, this 17th day of November, 2004, the Petition for Allowance of Appeal is hereby granted, the order of the Superi- or Court is vacated, and the case is remanded to the Superior Court for consideration of this Court’s decision in Rossi v. Commonwealth of Pennsylvania, Dep’t of Transp., — Pa.-, 860 A.2d 64 (2004).