(dissenting).
I believe that Pirillo v. Takiff, 462 Pa. 523, 341 A.2d 896 (1975), aff’d on rehearing, 466 Pa. 187, 352 A.2d 11, cert. denied, 423 U.S. 1083, 96 S.Ct. 873, 47 L.Ed.2d 94 (1976), controls the instant appeal, and am unpersuaded by the majority’s struggles to distinguish the principle involved. I, therefore, dissent and would affirm the order of the lower court.