COM. v. WHARTON

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.