ORDER

AND NOW, this 17th day of November, 2004, the Petition for Allowance of Appeal is hereby granted and the order of the Commonwealth Court is reversed based upon this Court’s decision in Siekierda v. Commonwealth of Pennsylvania, Dep’t of Transp., — Pa.-, 860 A.2d 76, 2004 WL 2359860 (Pa. October 20, 2004).