Citation Codes Equivalent Citations citation codes Docket Number [J-174-2003]. Attorney(S) Robert Wharton, Appellant, pro se. Hugh J. Burns, Phialdelphia, Amy Zapp, Harrisburg, for , See more information ... Smart Summary Please sign up to generate summary. OPINION COMMONWEALTH OF PENNSYLVANIA, Appellee v. ROBERT WHARTON, Appellant. ORDER PER CURIAM AND NOW, this 19th day of November, 2003, the trial court's order of March 13, 2003 is VACATED. A post-conviction relief act petition may not be dismissed on the basis that litigation is pending in federal court. See Commonwealth v. Whitney, 817 A.2d 473 (Pa. 2003). This matter is REMANDED to the trial court. Jurisdiction is relinquished.