Kathleen M. BYRNES, Appellee, v. Harry D. CALDWELL, Appellant

ORDER

PER CURIAM.

The Order of the Superior Court is reversed. See Curtis v. Kline, No. 6 Eastern District Appeal Docket 1994, — Pa. —, 666 A.2d 265 (1995).

MONTEMURO , J.,

joined by CAPPY, J., dissents based on his Dissenting Opinion in Curtis v. Kline, noting in addition “we are cognizant of the issue of retroactivity, but because the majority has declared the Act unconstitutional, this issue is moot.” MONTEMURO, J., is silting by designation.