*0 JAMES B. KRAVITZ, CHERRYDALE CONSTRUCTION CO., ANDORRA SPRINGS DEVELOPMENT, INC., AND KRAVMAR, INC. F/K/A EASTERN DEVELOPMENT ENTERPRISES INC.,

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT ROY H. LOMAS, SR., D/B/A ROY LOMAS : No. 52 MAL 2016 CARPET CONTRACTOR, :

: Respondent : Petition for Allowance of Appeal from

: the Order of the Superior Court : v. :

: : : : : : : : : Petitioners :

ORDER PER CURIAM

AND NOW , this 24th day of August, 2016, the Petition for Allowance of Appeal is GRANTED , LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioner, are:

(1) Whether, as a matter of law, the Montgomery County Court of Common Pleas

should have been recused from presiding over the non-jury trial due to an appearance of impropriety arising from the ongoing participation and financial interest in the litigation by a sitting member of that Court?

(2) Whether, as a matter of law, an appearance of impropriety was created when a

sitting member of the Montgomery County Bench personally participated in the litigation?

Justices Donohue and Wecht did not participate in the consideration or decision of this matter.