Concurring and Dissenting Opinion by
Judge Crumlish, Jr. :I dissent from that portion of the majority opinion which sustains the preliminary objections of the Commonwealth and the Commission for those reasons stated in my Concurring and Dissenting Opinion filed in Brungard v. Hartman, 46 Pa. Commonwealth Ct. 10, 405 A.2d 1089 (1979). I concur in all other respects.