COM. v. HOAK

PER CURIAM:

AND NOW, this 19th day of August, 1999, the Court being evenly divided, the Order of the Superior Court is affirmed.

Messrs. Justice Cappy and Castille and Madame Justice Newman would affirm.

Mr. Chief Justice Flaherty and Messrs. Justice Zappala and Nigro would reverse.

Mr. Justice Saylor did not participate in the consideration or decision of this case.