ORDER
PER CURIAM.AND NOW, this 18th day of January, 2007, the Petition for Allowance of Appeal is hereby GRANTED, the Order of the Superior Court is VACATED, and the matter is REMANDED for application of McCreesh v. City of Phila., 585 Pa. 211, 888 A.2d 664 (2005).1
. While the Superior Court majority alluded to the McCreesh decision in a footnote, the principles articulated in McCreesh are not discussed in any portion of that court’s disposi-tive reasoning or holding.