ORDER
PER CURIAM.AND NOW, this 22nd day of June, 2004, the Petition for Allowance of Appeal is hereby GRANTED, and the order of the Commonwealth Court is VACATED. See Walker v. Eleby, 577 Pa. 104, 842 A.2d 389 (2004). The matter is REMANDED for consideration of the City of Philadelphia’s alternative claimed basis for summary judgment.