concurring:
I join with Judge Cercone and Judge McEwen in affirming the order of the lower court and although I agree with the rationale of Judge Cercone, I also agree with the concurring statement of Judge McEwen that the decisions of our Supreme Court in Commonwealth v. Beatty, 500 Pa. *173284, 455 A.2d 1194 (1983) and of this Court in Commonwealth v. Kresge, 464 Pa.Super. 384, 464 A.2d 384 (1983), require that the motion for dismissal be denied.