Opinion,

The legal issues involved herein are discussed and resolved by this Court in Stroup v. McNair, 5 Pa. Commonwealth Ct. 244 (1972).

*364Order

And Now, May 5, 1972, the Preliminary Objections of the defendant are sustained and the plaintiffs’ complaint dismissed.

Judge Mencer dissents for the reasons set forth in his dissenting opinion in Stroup v. McNair, 5 Pa. Commonwealth Ct. 244 (1972).