IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

RB ALDEN CORP., : No. 60 MAP 2017 : Appellee : Appeal from the Order of the : Commonwealth Court at 73 FR 2011, : dated September 12, 2017, overruling v. : the exceptions filed by the : Commonwealth and entering the : judgment of June 15, 2016, reversing COMMONWEALTH OF PENNSYLVANIA, : the decision of the Board of Finance : and Revenue at No. 1000719 dated Appellant : December 15, 2010 and entered : December 17, 2010.

RB ALDEN CORP., : No. 66 MAP 2017 : Cross-Appellant : Appeal from the Order of the : Commonwealth Court at 73 FR 2011, : dated September 12, 2017, overruling v. : the exceptions filed by the : Commonwealth and entering the : judgment of June 15, 2016, reversing COMMONWEALTH OF PENNSYLVANIA, : the decision of the Board of Finance : and Revenue at No. 1000719 dated Cross-Appellee : December 15, 2010 and entered : December 17, 2010.

ORDER

PER CURIAM DECIDED: September 21, 2018 AND NOW, this 21st day of September, 2018, the order of the Commonwealth Court is VACATED, and this matter is REMANDED to the Commonwealth Court for reconsideration in light of this Court’s decision in Nextel v. Commonwealth, 171 A.3d 682 (Pa. 2017). Further, the Commonwealth’s “Application to Strike, In Part, RB Alden Corp.’s Reply Brief” is DENIED as moot.