dissents.

As Mr. Justice Saylor is in agreement with the approach of President Judge Leadbetter and Judge Leavitt — who would have affirmed the common pleas court’s order of February 27, 2007, vacated the order of March 29, 2007, and remanded for findings on the issue of right to relief — he would allow the present appeal to effectuate this position.

ORDER

AND NOW, this 24th day of August 2007, the Petition for Allowance of Appeal is DENIED.