*557 ORDER

AND NOW, this 17th day of November, 2004, the Petition of Allowance of Appeal is hereby granted and the order of the Commonwealth Court is reversed based on this Court’s decision in' Siekierda v. Commonwealth of Pennsylvania, Dep’t of Transp., 580 Pa. 259, 860 A.2d 76, 2004 WL 2359860 (Pa. October 20, 2004).