author: CERCONE, President Judge: HOFFMAN, Judge,

text:
    477 A.2d 863
    COMMONWEALTH of Pennsylvania, Appellant, v. Fred T. CORLETO, Jr.
    Superior Court of Pennsylvania.
    Argued March 17, 1983.
    Filed May 11, 1984.
    Reargument Denied July 24, 1984.

      Gail Thackeray, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.
    F. Fitzpatrick, Jr., Philadelphia, for appellee.
    Before CERCONE, President Judge, and ROWLEY and HOFFMAN, JJ.
   CERCONE, President Judge:

The Philadelphia Police Department obtained a search warrant for appellee’s apartment. The warrant was executed and various controlled substances were discovered and seized. Appellee was arrested and charged with the manufacture, delivery and possession, with intent to deliver, of a controlled substance. Appellee filed a pre-trial motion to suppress the proceeds of the search. After a hearing, the court suppressed the challenged physical evidence. The Commonwealth here appeals such ruling.

The issue before us on this appeal is whether the application for the search warrant contained adequate probable cause for the issuance of the warrant. The affidavit which accompanied the search warrant established the following. A first time informant contacted the affiant and related that on the previous evening, the informant had been present in appellee’s apartment with appellee, when appel-lee admitted a third party, who was not known to the informant. This third party inquired about the purchase of some cocaine. Appellee quoted a price and the third party counted out the requested amount and gave it to appellee. Appellee proceeded to an adjoining room returning a few minutes later with a clear plastic bag containing a white powder. Appellee gave the bag to the third party who then left the premises.

After receiving the above information, the affiant, later in the same day and also on two days subsequent to that, established a surveillance of the location described by the informant. On the first occasion, in a period of 45 minutes, the affiant observed three different individuals, on three separate occasions, knock on appellee’s door. Each was admitted; remained for a few minutes; and then exited. On the second day of surveillance, in a matter of one hour and twenty-minutes, the affiant saw three persons, individually and at different times, knock at the suspected premises. Each was admitted, remained for a few minutes and then departed.

The affiant confirmed the name and address given by the informant by referring to the Philadelphia County Voter’s Registration. Appellee was listed as the occupant of the suspected apartment. In light of the above occurrences, the affiant believed appellant was trafficking in controlled substances and sought the search warrant here under review. However, the suppression court disagreed finding the surveillance revealed “pedestrian activity, which [was] equally consistent with no criminal activity____”

The current standard for evaluating search warrants, which rely upon information received from unidentified informants, is the result of a recent evolution in criminal justice. This change was adequately reviewed by this court in Commonwealth v. Price, 318 Pa.Super. 240, 245, 464 A.2d 1320, 1323-24 (1983), from which we quote here:

The United States Supreme Court recently abandoned, in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the “two-pronged test” for evaluating the sufficiency of search warrant affidavits that had been established by its decisions in Arguilar v. Texas, [378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d (1964)], and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), and declared the decision of the majority of the court to “reaffirm the totality of the circumstances analysis that traditionally has informed probable cause determination.” Id. at 238, 103 S.Ct. at 2332. Citing, Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949). The court observed in Gates that a totality of the circumstances approach “is far more consistent with our prior treatment of probable cause than is any rigid demand that specific 'tests’ be satisfied by every informant’s tip.” Id. 462 U.S. at 230-231, 103 S.Ct. at 2328. Central to the probable cause standard is the idea that it is a “practical, non-technical conception,” “a fluid concept-turning on the assessment of probabilities in particular factual contexts-not readily, or even usefully, reduced to a neat set of legal rules.” Id.

As was the case in Price, we may not fault the suppression court for not applying the “totality of the circumstances” approach, since that court did not have the benefit of the Gates opinion. However, since the Commonwealth has preserved the suppression question, which was on direct appeal at the time Gates was handed down, Price supra, 318 Pa.Superior Ct. at 248-49, 464 A.2d at 1325, dictates that the Commonwealth be given the benefit of the Gates decision. Therefore, we must determine here whether, when applying the “totality of the circumstance” approach, the affidavit supplied probable cause for the search of appellee’s apartment.

While a unknown informant’s information may not by itself support a search warrant, where the supplied information can be corroborated a search warrant may properly issue Commonwealth v. Salvaggio, 307 Pa.Super. 385, 453 A.2d 637 (1982); Commonwealth v. Marzel, 291 Pa.Super. 553, 436 A.2d 639 (1981); Commonwealth v. Slater, 242 Pa.Super. 255, 363 A.2d 1257 (1976); Commonwealth v. Bove, 221 Pa.Super. 345, 293 A.2d 67 (1972). While few cases have addressed what is adequate corroboration under Gates, numerous cases have dealt with the problem under the Aguilar/Spinelli “two-prong test” which required a demonstration of his or her reliability. Gates, itself still recognized the importance of these two factors but does not restrict the inquiry solely to them. We therefore may look to prior cases for guidance.

Probably the most similar case on point factually, is Commonwealth v. Tolbert, 492 Pa. 576, 424 A.2d 1342 (1981). There a known reliable informant had observed a narcotic transaction at the apartment in question at an unspecified date in the past month. A police officer then conducted a surveillance of the premises. He observed three individuals knock on a window and then be admitted. Each remained inside for a few minutes and then departed. The court found that the knowledge supplied by the informant was not sufficiently current. See Commonwealth v. Shaw, 444 Pa. 10, 281 A.2d 897 (1971). Therefore the court in Tolbert concluded:

[W]e find that at the time the magistrate issued the search warrant probable cause did not exist. Only if we are willing to attribute significance to the officer’s surveillance of 50 minutes during which time he observed three black men gain entry to the premises, remain approximately five minutes and then depart, can we uphold the issuance of this search warrant. Even if this activity were viewed as somewhat suspicious, it falls short of evidence of a probability of continuing criminal activity, and is certainly consistent with activity of law abiding citizens.

Id., 492 Pa. at 580, 424 at 1344 (emphasis supplied).

However, the current situation may be distinguished from Tolbert. Here, there is no challenge as to the remoteness of the informant’s observation. Surveillance was conducted both the day after and three days after the informant’s observation. Application for the search warrant was made four days after the observation and the warrant was executed that same day. Therefore, unlike Tolbert, we must here evaluate the affidavit of probable cause in light of both the information supplied by the informant as well as the surveillance. In doing so we must keep in mind that:

[I]t is soundly established that an informer’s report which itself fails to establish probable cause may be sufficiently corroborated by independent observation of a suspect’s conduct, if the latter tends to confirm the information in the report or otherwise to support a conclusion that the suspect is engaged in committing a crime.

United States v. Acarino, 408 F.2d 512, 515 (2d Cir.1969), quoted in Commonwealth v. Monte, 459 Pa. 495, 507, 329 A.2d 836, 842 (1974) (emphasis in original). We must emphasize that we are concerned with observations which “tend to confirm the information” given by the informant. A number of cases have reviewed such corroborating circumstances. We believe that the “non-criminal activity” observed in this case tended to confirm the informant’s report.

In Commonwealth v. Monte, supra, a tip regarding a gambling operation was confirmed by surveillance over several days. The suspect met with another individual at the same time and place and passed on pieces of paper. Whereas, in Price, supra, this court found that an anonymous tip was corroborated by a police officer who checked a number of crucial details, such as the address and phone number supplied by the informant. During surveillance, the officer overheard a discussion of prices and also smelled the odor of marijuana.

Commonwealth v. Mazzochetti, 299 Pa.Super. 447, 445 A.2d 1214 (1982) involved a situation where an actor made a declaration against his penal interest to an informant. While the police were unable to corroborate the statement, they were able, by surveillance, to determine that the informant had conversed with the suspect. The informant was able to identify the vehicle involved, its occupants and its planned route. The defendant also had a prior criminal record involving drug offenses. The unidentified citizen tipster in Commonwealth v. Gelfont, 264 Pa.Super. 96, 399 A.2d 414 (1979) was stated to be reliable because he had never been arrested, was gainfully employed and was a registered elector. The informant had observed in the defendant’s control a large quantity of suspected controlled substance. The affiant confirmed the identity and listed occupant of the premises described by the informant.

In each of the above cases “innocent details” and/or conduct “consistent with activity of law abiding citizens” were used in whole or in part to confirm an informant's report of criminal activity, thus justifying the issuance for a search warrant. Affidavits for search warrants are to be interpreted in a common sense and realistic manner with a nontechnical attitude. Commonwealth v. Edwards, 493 Pa. 281, 426 A.2d 550 (1981); Commonwealth v. Ryan, 300 Pa.Super. 156, 446 A.2d 277 (1982). A magistrate’s determination of probable cause should be given deference. Id. In reviewing such determination it should be remembered that while mere suspicion is inadequate, the affidavit need only set forth the probability, and not a prima facie case, of criminal activity. Commonwealth v. Mazzochetti, supra; Commonwealth v. Forster, 253 Pa.Super. 433, 385 A.2d 416 (1978). We hold that the current suppression court placed an overly restrictive burden upon the Commonwealth.

The affidavit repeated the details of the informant’s first hand observation of a drug sale, and further revealed the results of surveillance thereafter which “tended” to support the information received. The affiant confirmed appellee’s identity and residence independently of the informant. In light of the numerous persons who visited appellee’s apartment for brief periods, which corresponded with the informant’s description of one such visit, the district justice could reasonably conclude that appellee was probably conducting a drug trade from his apartment and therefore such controlled substance would probably be present there.

Order reversed, case remanded for trial.

Jurisdiction is Relinquished.

HOFFMAN, J., files a dissenting opinion.

HOFFMAN, Judge,

dissenting:

The majority, relying on Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), determines that the lower court incorrectly suppressed evidence obtained as a result of a warranted search. Because I disagree that probable cause existed for the issuance of the warrant, I must dissent.

Although acknowledging that the Gates Court rejected the Aguilar/Spinelli “two-prong test”, I note that Gates did not reject the need to consider an informant’s reliability and basis of knowledge. These elements must now be considered “in a totality of the circumstances analysis that traditionally has guided probable cause determinations: a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability.” Id. at 2328. The Supreme Court further stated that the informant’s “veracity”, “reliability”, and “basis of knowledge” “should be understood simply as closely intertwined issues that may usefully illuminate the common-sense, practical question whether there is ‘probable cause’ to believe that contraband or evidence is located in a particular place.” Id. at 2327.

The affidavit in the instant case stated the following: On Thursday, 12-4-80 in the afternoon hours, I received information from a 1st time informant who stated that on WED. 12-3-80 in the evening hours, he did have occasion to be inside 2349 FAIRMOUNT AVE 3rd fir rear apt of FRED CORLETO Jr. w-m approx 40 yrs, and that while he was present inside this location, he did observe FRED CORLETO jr admit inside his residence an unknown w-m and that this unknown w-m asked FRED CORLETO jr, if he, unknown w-m could copy (buy) V2 oz. of COKE? Informant stated that FRED CORLETO jr told the unknown male, OK, $1000.00. Informant stated that the unknown male then counted out .$1000.00 in US Currency and handed the money to FRED CORLETO jr. and then FRED CORLETO jr. then went to an adjoining room and returned about 2 minutes later and handed the unknown w-m 1 clear plastic baggie of white powder alleged controlled substance, Cocaine. As a result of this information, informant stated that FRED CORLETO jr. then walked the unknown male to the door and he, unknown male departed. As a result of this information, on Thursday, 12-4-80 between 9 pm and 9:45 pm I did conduct a surveillance of this location 2349 Fairmount ave. 3rd fir rear apt of FRED CORLETO jr. and during this time, I did observe 2 unknown w-m-s and 1 unknown w-f, all at different times, knock on the 3rd fir rear apt door of FRED CORLETO jr. and then each separately and at different times were admitted inside and each remained inside for approx 3-5 minutes and then each departed separately. On Saturday, 12-6-80, between 10:20 am and 11:30 am, I did conduct a second surveillance of 2349 Fairmount ave. and during this time I did observe 3 unknown w-m-s all at different times knock on the 3rd fir rear apt door of FRED CORLETO jr. — and each were admitted inside separately. As a result of this information and of the activity observed during surveillances, I do believe the above named male, FRED CORLETO jr. w-m approx 40 years of 2349 Fairmount ave erd [sic] fir rear apt to be engaged in the business of storing and selling narcotics and or dangerous drugs ...

The affidavit contains no premise upon which to find the informant reliable, i.e. he was a first-time informant, whose veracity was unknown and the basis for his knowledge was unascertained. Consequently, our review must focus on the sufficiency of the affiant’s corroboration of the informant’s tip to determine if that corroboration outweighs the lack of support for the informant’s reliability or veracity.

The only corroboration mentioned in the instant affidavit involves the affiant’s surveillance of appellee’s residence and his viewing of several persons entering the premises, remaining for approximately three-to-five minutes and departing. In Commonwealth v. Tolbert, 492 Pa. 576, 424 A.2d 1342 (1981), which the majority feels compelled to distinguish, the affiant received a tip from a reliable informant whose previous tips had resulted in two narcotics arrests within the previous month. The Court found that other than a 50-minute surveillance of the defendant’s residence, during which three men entered and left after five minutes, and which was conducted at an unspecified time after the informant’s alleged observation, the affidavit failed to support a finding of probable cause. The Court concluded that, “[e]ven if this activity were viewed as somewhat suspicious, it falls far short of evidence of a probability of continuing criminal activity, and is certainly consistent with activity of law abiding citizens.” Id., 492 Pa. at 580, 424 A.2d at 1344. Here, the majority concludes that because the surveillance occurred almost contemporaneously with the affiant’s receipt of the tip, the surveillance sufficiently tended to confirm the informant’s tip, resulting in a fair probability that a crime was being committed. (Majority Opinion at 526-527).

I agree with the majority’s conclusion that here, unlike Tolbert, there is no challenge to the remoteness of the informant’s observation. However, contrary to the majority, I find that the seemingly corroborative surveillance was not, by itself, sufficient to outweigh the paucity of the reliability surrounding the informant’s tip. In the cases cited by the majority, Commonwealth v. Monte, 459 Pa. 495, 329 A.2d 836 (1974), and Commonwealth v. Mazzochetti, 299 Pa.Super. 447, 445 A.2d 1214 (1982), the conduct consistent with criminal activity was entirely more substantial than the “mere details” present in the instant affidavit. For instance, in Monte, the surveillance included the fact that the affiant overheard a discussion of drug prices and smelled marijuana. Here, by contrast, the surveillance supports activity consistent with that of law abiding citizens, and fails to rise much above the level of mere suspicious activity. Therefore, under the totality of the circumstances test, I conclude that the weak corroboration, coupled with the absence of support for the informant’s reliability, does not amount to the required probable cause. Accordingly, I dissent.

      . Since it is clear that the current prosecution could not go forward without the suppressed controlled substances, the order suppressing such evidence is appealable. See Commonwealth v. Price, 318 Pa.Super. 240, 242 n. 1, 464 A.2d 1320, 1322 n. 1 (1983); Commonwealth v. Lapia, 311 Pa.Super. 264, 457 A.2d 877 (1983).

      . While the informant had a prior record of being reliable he or she did not provide any basis for his information. Also the suspect as well as the other participant, were reputed to be involved in such an operation.


source: Caselaw Access Project

author: POPOVICH, Judge:

license: Public Domain

text:
    477 A.2d 868
    Robert L. GRAY, Jr., Administrator of the Estate of Robert J. Gray, III v. STATE FARM INSURANCE COMPANY, Appellant.
    Superior Court of Pennsylvania.
    Argued April 10, 1984.
    Filed June 1, 1984.

      Frank M. Gianola, Pittsburgh, for appellant.
    Sanford M. Aderson, Pittsburgh, for appellee.
    Before ROWLEY, JOHNSON and POPOVICH, JJ.
   POPOVICH, Judge:

This is an appeal from the Order of the Court of Common Pleas of Allegheny County granting “partial summary judgment” in favor of the plaintiff-Robert L. Gray, Jr., and against the defendant-State Farm Mutual Automobile Company. We quash.

On February 10, 1982, the plaintiff, as the administrator of the estate of Robert J. Gray, III, filed a complaint in assumpsit seeking, pursuant to the decedent’s policy of insurance with the defendant, “work loss benefits in the amount of $15,000.00” and “survivor’s loss benefits in the amount of $5,000.00.”

In answer, the defendant averred in “New Matter” that the plaintiff was not entitled to work loss benefits or survivor’s benefits under Pennsylvania’s No-Fault Motor Vehicle Insurance Act (40 Pa.S.A. § 1009.101 et seq.) on the grounds that, inter alia:

1. ... Plaintiff is not a spouse of the deceased insured and/or relative dependant [sic] upon the deceased insured for support at the time of death.
2. Neither the No-Fault Act nor the case law propogated thereunder, provides that the estate of a deceased insured is entitled to work loss, benefits or survivors [sic] loss benefits.
$ j|s Hs * * s(<
10. Plaintiff is not entitled to recover attorneys [sic] fees incurred in obtaining any benefits which ultimately may be paid by defendant, since defendant’s withholding of said benefits was made in good faith for reasonable cause.

Further, as to the extent that the Supreme Court’s ruling in Heffner v. Allstate, 491 Pa. 447, 421 A.2d 629 (1980), might warrant a different result, the defendant urged that retroactive application of Heffner would be unconstitutional and violative of equitable principles.

In “Answer To New Matter,” the plaintiff alleged that he was entitled to the benefits sought under the case law of Pennsylvania, e.g., Heffner v. Allstate, supra, and for complying with the requirements of the decedent’s policy of insurance in the securement of the benefits.

Thereafter, the plaintiff filed a motion for summary judgment claiming, in relevant part, that:

4. Defendant, by way of Answer, has denied liability for the following reasons:
a. the Estate is not entitled to work loss benefits because there is no showing of dependency on the deceased;
sfs sfc A ‡ ¡je sf:
d. the claim for survivor’s loss benefits is defective because Plaintiff is not a survivor within the meaning of the No-Fault Act and must be dependent.
* * * * * *
11. Freeze v. Donagel [sic] Mutual Insurance Company, [301 Pa.Super. 344,] 447 A.2d 999 Superior Ct. (1982) confirmed what had been stated in Heffner v. All State [sic] Insurance Company, [supra] to-wit, that the Estate may properly recover work loss benefits without the requirement that the Estate be dependent upon the deceased for support at the time of his death.[]
12. In Chesler v. Government Employee's [sic] Insurance Company, [302 Pa.Super. 356,] 448 A.2d 1080 (1982), the Superior Court of Pennsylvania held that an Estate may collect survivor’s loss benefits under the No-Fault Act without a showing that the Estate was dependent upon the deceased for support at the time of his death.[]
13. More than thirty (30) days have elapsed since the claim for benefits was submitted, and accordingly, the benefits are overdue as defined in § 106(a) of the said Act.
14. Interest at the rate of eighteen (18%) percent per annum is due Plaintiff.
15. Denial of Plaintiff’s claim is without reasonable foundation and accordingly, Plaintiff is entitled to reasonable attorney’s fees.
16. No genuine issue of fact exists in the within matter. WHEREFORE, Plaintiff requests this Honorable Court enter an Order for Summary Judgment in favor of Plaintiff and against Defendant awarding Plaintiff the sum of $15,000.00 for work loss benefits, $5,000.00 for survivor’s loss benefits, reasonable attorney’s fees and interest at the rate of eighteen (18%) percent per annum from the date of the original claim.

In its brief in response to the plaintiff’s motion, the defendant was still of the mind that the Supreme Court’s decision in Heffner did not authorize the recoupment of benefits, be they work loss or survivor’s, absent a showing that the claimant was a “survivor” and “dependent” upon the decedent within the meaning of the No-Fault Act.

On the question of attorney’s fees, the defendant submitted that such an award would be inappropriate since, as noted under the No-Fault Act at Section 107(3) and by the high Court in Hayes v. Erie Insurance Exchange, 493 Pa. 150, 425 A.2d 419 (1981), the novelty of the matter at issue and its “current pendency” before the Supreme Court discounted the likelihood that the benefits were being denied “without reasonable foundation.”

In an Opinion and Order dated August 17, 1983, the lower court granted the plaintiff “partial summary judgment,” i.e., the court awarded the plaintiff the sum of $20,000.00 ($15,000.00 in work loss benefits and $5,000.00 in survivor’s benefits) and interest at the rate of eighteen (18%) percent per annum. However, albeit the plaintiff was granted the right to reasonable counsel fees, the court ordered that a hearing be held because “the exact amount of interest and counsel fees c[ould] not be ascertained on the basis of the record before [the court.]” An appeal to this Court followed in which the defendant questioned every aspect of the Order.

However, prior to the scheduled date for argument, the defendant’s counsel filed with the Prothonotary of Superior Court a Petition to Discontinue the appeal pursuant to Pa.R.App.P.1973. He did so on the ground that, inter alia, between counsel for both sides “an amicable resolution of the issues presented on Appeal ha[d] been obtained and the parties wish[ed] to settle and discontinue the ... Appeal.” This was contested by counsel for the plaintiff, who, in a responsive petition filed April 4, 1984, admitted that the parties had resolved the question concerning benefits, but that “[t]he issue of entitlement to attorneys [sic] fees, however, remains the subject of dispute between the parties.” Thus, he importunes this Court to carry on the appellate process and review the lower court’s determination that his client is entitled to counsel fees, notwithstanding the fact that the exact amount has yet to be calculated. We decline the plaintiff’s offer and do so for the same reason that he proffers in his appellate brief, i.e., the partial summary judgment is interlocutory in nature. See Williams v. Erie Insurance Exchange, 290 Pa.Super. 279, 434 A.2d 752 (1981).

Further, given the record before this Court, we find it unnecessary to decide if an appellant’s request for a discontinuance pursuant to Rule 1973 can be stymied by an appellee who argues that all issues raised on appeal have not been resolved to his satisfaction. Again, the reason turns upon our conclusion that the Order appealed is interlocutory.

Under 42 Pa.C.S.A. § 742 this Court is granted “exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas____” This has been interpreted to mean, although not literally, Foulke v. Lavelle, 308 Pa.Super. 131, 135-136, 454 A.2d 56, 58 (1982), that the order either ends the litigation or disposes of the entire case. Gerber v. Weinstock, 308 Pa.Super. 11, 13-14, 453 A.2d 1043, 1044 (1982). In other words, we look to “a practical rather than technical construction” of an order. In Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978), our Supreme Court, quoting Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), wrote:

In Cohen, the Supreme Court of the United States carved out an exception to the final judgment rule for situations where postponement of appeal until after final judgment might result in irreparable loss of the right asserted. Under Cohen, an order is considered final and appealable if (1) it is separable from and collateral to the main cause of action;. (2) the right involved is too important to be denied review; and (3) the question presented is such that if review is postponed until final judgment in the case, the claimed right will be irreparably lost. Id. at 546, 69 S.Ct. at 1226, 93 L.Ed. at 1536.
We applied Cohen in Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 228, 348 A.2d 734, 735 (1975), where we said: “Whether an order is final and appealable cannot necessarily be ascertained from the face of a decree alone, nor simply from the technical effect of the adjudication. The finality of an order is a judicial conclusion which can be reached only after an examination of its ramifications.” We have also said that if the practical consequence of the order by the trial court is effectively to put an appellant “out of court” the order will be treated as final. Ventura v. Skylark Motel, Inc., 431 Pa. 459, 463, 246 A.2d 353, 355 (1968). Similarly, an order is “final” if it precludes a party from presenting the merits of his claim to the lower court. Marino Estate, 440 Pa. 492, 494, 269 A.2d 645, 646 (1970).

Id. 483 Pa. at 73, 394 A.2d at 545.

Instantly, under Cohen, albeit the question of attorney’s fees is separable from and collateral to the main cause of action litigated below (and, presumably, resolved between the parties) as to benefits plus the interest thereon, compare Sutliff v. Sutliff, 326 Pa.Super. 496, 474 A.2d 599 (1984), we have no reluctance in holding that the issue of counsel fees is not too important to be denied examination since it does not involve a claimed right that will be irreparably lost if not granted review immediately. Quite the contrary is true.

For example, neither the court below nor the parties has estimated the amount of counsel fees due to the plaintiff. In fact, this question was reserved in the court’s Order for future proceedings.

Stated differently, because the matter of entitlement to counsel fees is so intertwined with the amount due thereunder, even if, arguendo, we were to rule that the plaintiff is entitled to fees there is the likelihood that once tabulated a disenchanted party may file an appeal questioning its propriety. Thus, looking at the practical ramifications of the Order at bar, the plaintiff is not “out of court” on the subject of counsel fees nor is he foreclosed from presenting the merits of his claim (as to the amount sought) to the court below at a hearing. See Marino Estate, 440 Pa. 492, 269 A.2d 645 (1970); cf. Commonwealth ex rel. Nixon v. Nixon, 312 Pa.Super. 313, 322, 458 A.2d 976, 980 (1983) (“The order of support was final and not interlocutory, for by directing appellant to pay $65 per week for the support of a wife and child, the order decided all issues pending between the parties and ended the litigation.” (Citations omitted)). To hold otherwise would fly in the face of our “policy of precluding 'piecemeal determinations and the consequent protraction of litigation.’” Veno v. Meredith, 295 Pa.Super. 419, 422, 441 A.2d 1302, 1304 (1982), quoting Esh v. Awglis, 291 Pa.Super. 528, 436 A.2d 242 (1981).

Accordingly, inasmuch as plaintiff joins in defendant’s petition to discontinue the instant appeal under Rule 1973, as it applies to the questions of benefits and interest, we perceive no rights being irreparably lost by either party by our conclusion to quash the appeal. For instance, the only real matter still in doubt concerns plaintiff’s request for counsel fees. This topic is slated, at least from a fair reading of the August 17, 1983 Order, to be heard and ultimately ruled upon by the trial court. Thereafter, any party who is disenchanted with the decision rendered can perfect an appeal to this Court. The issue will then be ripe for review, but not before.

Appeal quashed.

      . This position was affirmed in Freeze v. Donegal Mutual Insurance Co., 504 Pa. 218, 470 A.2d 958 (1983).

      . This position was reversed in Chesler v. Government Employees Insurance Co., 503 Pa. 292, 469 A.2d 560 (1983). See also Order dated May 8, 1984, amending the judgment entered in Chesler v. Government Employees Insurance Co., supra, to allow Chesler to recoup work loss benefits. Chesler v. Government Employees Insurance Co., 504 Pa. 426, 475 A.2d 102.


text:
    May 1, 1984.
    476 A.2d 55
    Commonwealth, Appellant v. Stroud.
    Submitted March 22, 1984.
    Sheryl A. Serratta, Assistant District Attorney, for Commonwealth, appellant; James W. Bryant, for appellee.
    Before BECK, TAMILIA and HOFFMAN, JJ.
   Order affirmed.


text:
    476 A.2d 56
    Travelers v. Dusza, Appellant.
    Argued March 29, 1984.
    Bernard V. Digiacomo, for appellant; James D. Scheffey, for appel-lee.
    Before BROSKY, WIEAND and McEWEN, JJ.
   Judgment affirmed. Harleysville Mutual Insurance Co. v. Schuck, 302 Pa.Super. 534, 449 A.2d 45 (1982). See also: Ostronic v. Insurance Company of North America, 314 Pa.Super. 146, 460 A.2d 808 (1983).


text:
    May 4, 1984.
    476 A.2d 56
    Baylor v. Baylor, Sr., Appellant.
    Submitted October 3, 1983.
    Anthony D. Miele, for appellant; J. Howard Langdon, for appellee.
    Before SPAETH, President Judge, and HESTER and LIPEZ, JJ.
   Order vacated, and case remanded with instructions.

Jurisdiction relinquished.


text:
    476 A.2d 56
    Blevins, Appellant, v. Kearney.
    Argued January 18, 1984.
    E. Maschmeyer, for appellant; Robert T. Cohen, for Kearney, appellee; Jodi C. Greenspan, for Auto, appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Judgment affirmed.


text:
    476 A.2d 56
    Calandra v. Calandra, Appellant.
    Argued February 29, 1984.
    Andrew J. Gleason, for appellant; Lawrence L. Davis, for appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 57
    Commonwealth v. Bridell, Appellant.

      Submitted November 4, 1983.
    Norris E. Gelman, for
    appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 57
    Commonwealth v. Cannon, Appellant.
    Argued March 7, 1984.
    Erwin Miller, for appellant; John Donnelly, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 57
    Commonwealth v. Cheatham, Appellant.
    Petition for Allowance of Appeal Denied Aug. 20, 1984.

      Argued February 22, 1984.
    Alexander Hemphill, for appellant. Charles Butler, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 57
    Commonwealth v. Christmas, Appellant.
    Submitted March 6, 1984.
    Ronald J. Sharper, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 58
    Commonwealth v. Davis, Appellant.
    Submitted January 3, 1984.
    James J. Phelan, Jr., for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, President Judge, and DEL SOLE and HESTER, JJ.
   Judgment of sentence affirmed.

SPAETH, President Judge, concurred in the result.


text:
    476 A.2d 58
    Commonwealth v. Derck, Appellant.
    Argued November 3, 1983.
    Jeffrey F. Dorko, for appellant; Graham C. Showal-ter, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 58
    Commonwealth v. Dixon, Appellant.
    Submitted November 8, 1983.
    John H. Corbett, Jr., Public Defender, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and CERCONE, JJ.
   Judgment of sentence vacated and remanded.

Jurisdiction relinquished.

CIRILLO, J., filed a dissenting memorandum.


text:
    476 A.2d 59
    Commonwealth, Appellant, v. Ennis.
    Argued March 8, 1984.
    Anthony J. Wzorek, Assistant District Attorney, for Commonwealth, appellant; Doris A. Pechkurow, Assistant Public Defender, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order affirmed.


text:
    476 A.2d 59
    Commonwealth v. Fuller, Appellant.
    Submitted January 3, 1984.
    Patrick J. Flannery, for appellant; Joseph Giebus, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and DEL SOLE and HESTER, JJ.
   Jurisdiction relinquished.


text:
    476 A.2d 59
    Commonwealth v. Fuqua, Appellant.
    Argued October 25, 1983.
    Allen L. Palmer, for appellant; Donald E. Williams, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence reversed and appellant discharged.


text:
    476 A.2d 60
    Commonwealth v. Gauche, Appellant.
    Petition for Allowance of Appeal Denied Sept. 25, 1984.
    Argued March 6, 1984.
    Marc I. Rickies, for appellant; Stephen B. Harris, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 60
    Commonwealth v. Gizdavic, Appellant.
    Argued January 10, 1984.
    John B. Leedom, for appellant; Christopher J. Serpico, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Order reversed.


text:
    476 A.2d 60
    Commonwealth v. Hake, Appellant.
    Argued November 1,1983.
    Robert Marc, for appellant; J. Christian Ness, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 60
    Commonwealth v. Hodgin, Appellant.

      Submitted March 5, 1984.
    William A. Hodgin, appellant, in propria persona; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Order vacated and case remanded for further proceedings not inconsistent with the within opinion.

Jurisdiction relinquished.


text:
    476 A.2d 61
    Commonwealth v. Jennings, Appellant.
    Petition for Allowance of Appeal Denied Oct. 1, 1984.
    Argued October 27, 1983.
    Terrence P. Cavanaugh, for appellant; Michael R. Cauley, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 61
    Commonwealth v. Kelly, Appellant.
    Petition for Allowance of Appeal Denied July 13, 1984.
    Submitted March 5, 1984.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgments of sentence affirmed.


text:
    476 A.2d 61
    Commonwealth v. Manuella, Appellant.
    Petition for Allowance of Appeal Denied Sept. 20, 1984.
    Argued March 14, 1984.
    William P. James, for appellant; Michael Clarke, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 62
    Commonwealth v. McCandless, Appellant.
    Petition for Allowance of Appeal Denied Sept. 6, 1984.
    Submitted March 5, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Order affirmed.


text:
    476 A.2d 62
    Commonwealth v. McCreavy, Appellant.
    Submitted
    November 28, 1983.
    Edward F. Kane, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 62
    Commonwealth v. McFeely, Appellant.
    Argued October 25, 1983.
    Gerard J. Koechel, for appellant; Kenneth J. Benson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 62
    Commonwealth v. Milewski, Appellant.
    Petition for Allowance of Appeal Denied Oct. 31, 1984.
    Argued January 11, 1984.
    Todd J. O’Malley, for appellant; Ernest D. Preate, Jr., District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 63
    Commonwealth v. Ramsey, Appellant.
    Submitted February 27, 1984.
    Ronald L. Chicka, for appellant, John Pettit, Assistant District Attorney, for Commonwealth appellee.
    Before CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.
   Order affirmed.


text:
    476 A.2d 63
    Commonwealth v. Reddick, Appellant.
    Petition for Allowance of Appeal Denied Aug. 9, 1984.
    Submitted January 20, 1984.
    Margaret M. Boyce, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAÑD and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 63
    Commonwealth v. Sims, Jr., Appellant.
    Argued October 27, 1983.
    Carmela R.M. Presogna, Assistant Public Defender, for appellant; Timothy J. Lucas, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence vacated and the matter is remanded for resentencing. Jurisdiction relinquished.


text:
    476 A.2d 64
    Commonwealth v. Stanazek, Appellant.
    Submitted June 17, 1983.
    Benjamin Lerner, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, McEWEN and WATKINS, JJ.
   Order affirmed.


text:
    476 A.2d 64
    Commonwealth v. Tempest, Appellant.
    Submitted February 28, 1984.
    Edward J. Bilik, Assistant Public Defender, for appellant; Patrick H. Mahady, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 64
    Commonwealth v. Wilkins, Appellant.
    Submitted March 5, 1984.
    Edward Blumstein, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 64
    Commonwealth v. Zarecky, Appellant.

      Argued April 11, 1984.
    Charles F. Gilchrist, for appellant; Charles S. Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 984
    Commonwealth v. Wittick, Jr., Appellant.
    Reargument Denied June 29, 1984.
    Petition for Allowance of Appeal Denied Oct. 2, 1984.
    Argued February 15, 1984.
    Ronald F. Kidd, for appellant; Garold Tennis, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 65
    Com. ex rel. Meyers v. Stern, Appellant.

      Submitted March 6, 1984.
    William H. Lamb, for appellant; Daniel S. Bernheim, III, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order granting new trial affirmed.


text:
    476 A.2d 65
    Dowling v. Paules, et ux., Appellants.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Judgment affirmed on the comprehensive opinion of President Judge Oscar F. Spicer.


text:
    476 A.2d 65
    In re Estate of Massey.
    Argued March 1, 1984.
    James M. Herb, for appellant; William S. Webber, for participating party.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 65
    In re Moyle.
    Argued February 14, 1984.
    Lenore M. Urbano, for appellant; Dudley N. Anderson, for appellees; Charles F. Greevy, III, for participating party.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Order affirmed.


text:
    476 A.2d 66
    In The Matter of the Adoption of L.M.C. and M.B.C.C.
    Argued February 9, 1984.
    Melvin T. Toran, Sr., for appellant; William A. Dopierala, for participating party.
    Before BROSKY, OLSZEWSKI and JOHNSON, JJ.
   Decree vacated. Case remanded with directions that the lower court hold a rehearing and thereafter determine the matter in accordance with a clear and convincing evidence standard of proof. Jurisdiction relinquished.


text:
    476 A.2d 66
    Jianniney, Appellants, v. Herr.

      Argued December 7, 1983.
    William C. Gierasch, Jr., for appellants; James R. Adams, for appellees.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment affirmed.


text:
    476 A.2d 66
    Kaminsky v. Grabel, Appellant.
    Argued May 18, 1983.
    Leonard Grabel, appellant, in propria persona; Franklin A. Wurman, for appellee.
    Before BROSKY, BECK and HESTER, JJ.
   Order affirmed.


text:
    476 A.2d 67
    Martin, Appellant, v. Geist.
    Petition for Allowance of Appeal Denied Aug. 28, 1984.
    Argued December 9, 1983.
    Hy Mayerson, for appellant; Elizabeth R. Howard, for appel-lees.

      Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment affirmed.


text:
    476 A.2d 67
    Sorace, et ux., Appellants, v. Univ. of Pgh.
    Argued October 25, 1983.
    Lawrence G. Zurawsky, for appellants; David M. Neuhart, for appel-lees.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment affirmed.


text:
    476 A.2d 67
    Thelk v. Thelk, Appellant.
    Argued March 1, 1984.
    Howard V. Heck, for appellant; John L. Bailey, for appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Affirmed in part and reversed in part as to sales costs. Remanded for modification in accordance with this opinion. Jurisdiction relinquished.


text:
    476 A.2d 67
    Wetzler v. Wetzler, Appellant.
    Argued January 10, 1984.
    Joseph R.
    DeCristopher, for appellant; Graham C. Showlater, District Attorney, for appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Order vacated and case remanded for proceedings consistent with this opinion.

Jurisdiction relinquished.

WICKERSHAM, J., filed a dissenting memorandum.


text:
    476 A.2d 68
    Zion v. Fleming, Appellant.
    Argued March 14, 1984.
    Alfred Fleming, appellant, in propria persona; Barbara Ash, for appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Order affirmed. Appellant’s other requests for relief are denied.


text:
    May 8, 1984.
    481 A.2d 360
    Promeq, Inc. v. Kufen Electric, Appellant.

      Argued March 21, 1984.
    Randolph A. Scott, for appellant; Gary M. Perkiss, for appellee.
    Before SPAETH, President Judge, and BECK and TAMI-LIA, JJ.
   Lower court’s order of October 28,1983, is vacated and we remand this case to permit the parties to proceed in accordance with Pa.R.A.P. No. 209(b).

Jurisdiction is relinquished.


text:
    May 11, 1984.
    476 A.2d 68
    Commonwealth v. Alston, Appellant.
    Petition for Allowance of Appeal Denied Sept. 6, 1984.
    Submitted March 5, 1984.
    Joseph A. Ciccitto, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 68
    Commonwealth v. Bainbridge, Appellant.
    Petition for Allowance of Appeal Denied Oct. 1, 1984.
    Submitted November 4, 1983.
    Jeffrey P. Bowe, Assistant Public Defender, for appellant; Kent D. Watkins, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment of sentence affirmed


text:
    476 A.2d 69
    Commonwealth v. Bennett, Appellant.
    Submitted October 7, 1983.
    Alan Ellis, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Order of the lower court is affirmed.


text:
    476 A.2d 69
    Commonwealth v. Brown, Appellant.
    Submitted January 20, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Order affirmed.


text:
    476 A.2d 69
    Commonwealth v. Butts, Appellant.

      Submitted November 4, 1983.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 70
    Commonwealth v. Buzzey, Appellant.
    Submitted November 4, 1983.
    Gilbert E. Toll, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 70
    Commonwealth v. Dillard, Appellant.
    Petition for Allowance of Appeal Denied Aug. 22, 1984.

      Submitted November 18, 1983.
    Daniel M. Preminger, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Order affirmed.


text:
    477 A.2d 895
    Commonwealth v. Fisher, Appellant.
    Reargument Denied July 17, 1984.
    Petition for Allowance of Appeal Denied Nov. 12, 1984.
    Submitted February 3, 1984.
    Elaine De-Masse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Judgment of sentence is affirmed.


text:
    476 A.2d 70
    Commonwealth v. Garcia, Appellant.
    Argued December 7, 1983.
    Anthony C. Santore, for appellant; James B. Martin, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 70
    Commonwealth v. Giviens, Appellant.
    Submitted March 7, 1984.
    Robert S. Robbins, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgments of sentence for robbery and criminal conspiracy are affirmed; judgment of sentence for possession of an instrument of crime is vacated.


text:
    476 A.2d 71
    Commonwealth v. Grant, Appellant.
    Submitted September 30, 1983.
    Bernard J. Rabik, Assistant Public Defender, for appellant; Edward J. Tocci, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 71
    Commonwealth v. Hankins, Appellant.
    Petition for Allowance of Appeal Denied Aug. 22, 1984.
    Argued January 24, 1984.
    Joseph P. Martone, for appellant; Paul J. Susko, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, TAMILIA and POPOVICH, JJ.
   Judgment of sentence affirmed.

WIEAND, J., filed a dissenting memorandum.


text:
    476 A.2d 71
    Commonwealth v. Hobson, Appellant.
    Submitted September 30, 1983.
    Philip P.G. Lope, for appellant; Robert F. Hawk, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Order affirmed.


text:
    476 A.2d 72
    Commonwealth v. Hollis, Appellant.
    Submitted March 5, 1984.
    Stephen P. Patrizio, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 72
    Commonwealth v. Hubert, Appellant.
    Submitted January 20, 1984.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 72
    Commonwealth v. Jackson, Appellant.
    Submitted
    January 11, 1984.
    Marilyn J. Gelb, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   The judgment of sentence of the learned Philadelphia County Common Pleas Court Judge Marvin R. Halbert is affirmed.


text:
    476 A.2d 73
    Commonwealth v. James, Appellant.
    Petition for Allowance of Appeal Denied Sept. 17, 1984.
    Submitted December 9, 1983.
    William P. James, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment of sentence is affirmed.

BROSKY, J., filed a dissenting memorandum.


text:
    476 A.2d 73
    Commonwealth v. Johnson, Appellant.
    Submitted January 20, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 73
    Commonwealth v. Jones, Appellant.
    Submitted March 23, 1984.
    John H. Corbett, Jr., Public Defender, for appellant; Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 73
    Commonwealth v. Klinger, Jr., Appellant.

      Submitted January 20, 1984.
    John P. Lawler, for appellant; James F. Marsh, District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Order affirmed.


text:
    476 A.2d 74
    Commonwealth v. Kropilak, Appellant.
    Submitted February 3, 1984.
    James J. Phelan, Jr., for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 74
    Commonwealth v. Lint, Appellant.
    Submitted March 23, 1984.
    David E. Lint, appellant, in propria persona; Gerald R. Solomon, District Attorney, for Commonwealth, appellee.

      Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 74
    Commonwealth v. Matt, Appellant.
    Submitted February 3, 1984.
    Edward D. Reibman, for appellant; Jane Roach, Assistant District Attorney, for Commonwealth, ap-pellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Order affirmed.


text:
    476 A.2d 74
    Commonwealth v. Mitchell, Appellant.
    Submitted January 20, 1984.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 75
    Commonwealth v. Mobley, Appellant.
    Petition for Allowance of Appeal Denied Aug. 30, 1984.
    Argued November 17, 1983.
    Norris E. Gelman, for appellant; Ronald Eisenberg, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CAVANAUGH and HOFFMAN, JJ.
   Judgment of. sentence affirmed.

SPAETH, President Judge, filed a concurring memorandum.


text:
    476 A.2d 75
    Commonwealth v. Morales, Appellant.
    Submitted March 5, 1984.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 75
    Commonwealth, Appellant, v. Newby.
    Petition for Allowance of Appeal Denied Sept. 26, 1984.
    Submitted March 8, 1984.
    Eric B. Henson, Deputy District Attorney, for Commonwealth, appellant; John Packel, Chief, Appeals, Assistant Public Defender, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order reversed and case remanded for further proceedings. Jurisdiction relinquished.


text:
    476 A.2d 76
    Commonwealth v. O'Connor, Appellant.
    Submitted December 9, 1983.
    Harvey A. Yanks, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment of sentence reversed. Appellant discharged.


text:
    476 A.2d 76
    Commonwealth v. Ortiz, Appellant.
    Petition for Allowance Of Appeal Denied Aug. 30, 1984.
    Submitted January 20, 1984.
    Ronold J. Karasek, for appellant; Domenic P. Sbrocchi, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 76
    Commonwealth v. Padden, Appellant.
    Submitted January 20, 1984.
    Robert T. Gownley, Jr., Assistant Public Defender, for appellant; Ernest D. Preate, Jr., District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 77
    Commonwealth v. Poullott, Appellant.
    Submitted March 5, 1984.
    Eugene A. Bonner, Assistant Public Defender, for appellant; Helen T. Kane, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Appeal quashed.


text:
    476 A.2d 77
    Commonwealth v. Prybyszewski, Appellant.
    Argued January 10, 1984.
    Helen McCaffrey, for appellant; Christopher S. Serpico, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Appeal quashed.


text:
    476 A.2d 77
    Commonwealth v. Robinson, Jr., Appellant.
    Petition for Allowance of Appeal Denied Sept. 5, 1984.

      Submitted January 4, 1984.
    Robert F. Pappano, Assistant Public Defender, for appellant; Dennis C. McAndrews, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, TAMILIA and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 77
    Commonwealth v. Scott, Appellant.
    Submitted November 18, 1983.
    Daniel A. Rendine, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 78
    Commonwealth v. Smith, Appellant.
    Argued January 12, 1984.
    David M. McGlaughlin, for appellant; Mariana C. Sorensen, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and CIRILLO, JJ.
   Judgment of sentence vacated and case remanded for an evidentiary hearing upon the issue of whether counsel was ineffective for the alleged failure to adequately investigate and present an insanity defense. If the trial court finds that counsel was ineffective, the court may then grant appropriate relief. If appellant is unable to sustain his contention that counsel was ineffective, the judgment of sentence shall be reimposed. Jurisdiction relinquished.


text:
    476 A.2d 78
    Commonwealth v. Spencer, Appellant.
    Submitted March 14, 1984.
    Daniel M. Preminger, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appel-lee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Judgment of sentence is affirmed.

CAVANAUGH and WIEAND, JJ., concurred in the result.


text:
    476 A.2d 78
    Commonwealth v. Springer, Appellant.
    Argued November 3, 1983.
    Randall E. Zimmerman, for appellant; Harold E. Powell, Jr., for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Order of the court is affirmed.


text:
    476 A.2d 79
    Commonwealth v. Waites, Appellant.
    Submitted November 18, 1983.
    John Packel, Chief, Appeals, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Order affirmed.

LIPEZ, J., filed a dissenting memorandum.


text:
    476 A.2d 79
    Commonwealth v. Washington, Appellant.
    Submitted September 14, 1983.
    Eric J. Cox, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 79
    Commonwealth v. Williams, Appellant.
    Submitted March 5, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 80
    Commonwealth v. Young, Appellant.

      Submitted February 27, 1984.
    George W. Bills, Jr., for appellant; Kathryn' L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.
   Affirmed.


text:
    476 A.2d 80
    Commonwealth v. Younkin, Appellant.
    Submitted March 23, 1984.
    Alphonse P. Lepore, Jr., Public Defender, for appellant; Gerald R. Solomon, District Attorney, for Commonwealth, appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 80
    Doon v. Longhorn Corral, Inc., etc., Appellant.
    Petition for Allowance of Appeal Denied Sept. 5, 1984.

      Argued February 21, 1984.
    Walter J. Timby, Jr., for appellant; Robert Lapowsky, for appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.


text:
    476 A.2d 80
    Grew, Appellant, v. Giovengo.
    Submitted September 30, 1983.
    James D. Belliveau, for appellant; Robert F. Burkardt, for appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Order affirmed.

POPOVICH, J., concurred in the result.


text:
    476 A.2d 81
    Hohensee, Appellant, v. Schwartz.
    Submitted February 3, 1984.
    Ervin Hohensee, appellant, in propria persona; W. Alan Williams, for appellee.

      Before CIRILLO, BECK and JOHNSON, JJ.
   Appeal quashed.


text:
    477 A.2d 895
    Howee, Appellant, v. Ro-Ho TV Rental.
    Reargument Denied July 17, 1984.
    Argued February 21, 1984.
    Allen L. Feingold, for appellant; Richard T. Barth, for appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.


text:
    476 A.2d 81
    Hunter v. Government Employees, Appellant.
    Submitted March 5, 1984.
    Blake E. Dunbar, Jr., for appellant; Karl L. Stefan, for appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment affirmed.


text:
    476 A.2d 81
    In re the Extradition of Grazier.
    Petition for Allowance of Appeal Denied Aug. 28, 1984.
    Submitted March 23, 1984.
    Richard S. Levine, Assistant Public Defender, for appellant; Melinda G. Tell, Assistant District Attorney, for Commonwealth, participating party.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 81
    Kennedy House, Inc. v. Wolfson, Appellants.
    Argued October 5, 1983.
    Gary D. Fry, for appellants; Barry E. Bressler, for appellee.
    Before WICKERSHAM, WIEAND and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 82
    Kress v. Kress, et al., Appellant.

      Submitted June 8, 1983.
    Chris F. Gillotti, for appellant; Robert Raphael, for appellee.
    Before CERCONE, President Judge, and SPAETH and HESTER, JJ.
   Order affirmed.


text:
    476 A.2d 82
    Paul Restall Co., Appellant, v. V. Forge Roofing, etc.
    Argued January 12, 1984.
    Donald M. Davis, for appellant; Michael W. McCarrin, for appellee.
    Before CAVANAUGH, McEWEN and CIRILLO, JJ.
   The judgment of the learned Montgomery County Common Pleas Court Judge Lawrence A. Brown is affirmed.


text:
    476 A.2d 82
    Shaw v. Swank Construction, et al., Appellant.
    Argued November 29, 1983.
    Avrum Levicoff, for appellant; Laurel B. Diznoff, for appellee.
    Before ROWLEY, WIEAND and HESTER, JJ.
   Order reversed and case remanded for further proceedings not inconsistent with this opinion.

Jurisdiction relinquished.


text:
    476 A.2d 83
    Topor v. Begelman, et al., Appellants.
    Petition for Allowance of Appeal Denied Oct. 17, 1984.
    Argued February 22, 1984.
    Jeffrey S. Saltz, for appellants; Harry M. Sablosky, for appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Order affirmed.


text:
    May 15, 1984.
    476 A.2d 83
    Carletti, Appellant, v. City of Pittsburgh.
    Argued February 28, 1984.
    Zan I. Hod-zic, for appellant; John C. Thompson, Jr., for appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   The order opening judgment is reversed and the judgment reinstated. The case is remanded with leave to appel-lee to file a petition to open. For a maximum of 30 days after remand all actions in this case are stayed until such petition to open is filed. Jurisdiction relinquished.


text:
    May 18, 1984.
    476 A.2d 83
    Boering, Appellants, v. Hench.
    Submitted March 14, 1984.
    Gary D. Martz, for appellants; Robert R. Black, for appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Order affirmed.


text:
    476 A.2d 83
    Baughman, et al. v. Defelice, et ux., Appellants.
    Argued February 29, 1984.
    David L. Young, for appellants; John C. Dennison, for appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 84
    Buterbaugh, Appellant, v. Victory.
    Argued February 29, 1984.
    Mark A. Gregg, for appellant; William U. Smith, for appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 84
    Cheyney, et al., Appellants, v. Cohen D/B/A Maplewood Pharmacy.
    Argued March 7, 1984.
    Marjorie C. Lawrence, for appellants; Lenard L. Wolffe, for appel-lee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order affirmed.


text:
    476 A.2d 84
    Commonwealth, Appellant, v. Baggett.
    Petition for Allowance of Appeal Denied Aug. 28, 1984.

      Argued January 10, 1984.
    Ronald Eisenberg, Assistant District Attorney, for Commonwealth, appellant; Doris A. Pechkurow, Assistant Public Defender, for appellee.
    Before CAVANAUGH, McEWEN, and HOFFMAN, JJ.
   The order of the court is reversed. The case is remanded for the filing of post-verdict motions and the imposition of sentence.

Jurisdiction is relinquished.


text:
    476 A.2d 85
    Commonwealth v. Bozeman, Appellant.
    Petition for Allowance of Appeal Denied Aug. 21, 1984.
    Submitted March 23, 1984.
    David S. Shrager, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 85
    Commonwealth v. Collins, Appellant.

      Argued March 13, 1984.
    William T. Cannon, for appellant; Stuart L. Haimowitz, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., filed a concurring memorandum.


text:
    476 A.2d 85
    Commonwealth v. Dancy, Appellant.
    Submitted November 7, 1983.
    Scott A. Evans, Assistant Public Defender, for appellant; Katherene E. Holtzinger, Deputy District Attorney, for Commonwealth, appellee.
    Before McEWEN, JOHNSON and POPOVICH, JJ.
   The judgment of sentence of the learned Dauphin County Common Pleas Court Judge Warren G. Morgan is affirmed.


text:
    476 A.2d 86
    Commonwealth v. Flook, Appellant.

      Submitted February 3, 1984.
    George E. Lepley, Jr., Public Defender, for appellant; William P. Carlucci, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Judgment of sentence affirmed.

BECK, J., concurred in the result.


text:
    476 A.2d 86
    Commonwealth v. Foster, Appellant.
    Submitted March 5, 1984.
    Paul S. Herzberg, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    477 A.2d 896
    Commonwealth v. Freeman, Appellant.
    Reargument Denied July 6, 1984.
    Argued March 8, 1984.
    John A. DiCicco, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   The judgments of sentence are vacated and the case is remanded to the trial court for an evidentiary hearing on appellant’s claim of ineffective assistance of counsel. Should the court determine that appellant was denied effective assistance of counsel, it shall grant him a new trial. Otherwise, the court shall reinstate the judgments of sentence except for those imposed for theft (Bill of Information No. 1231.33-80) and terroristic threats (Bill of Information No. 1231.37-80). In either instance, appropriate appellate rights may be exercised by either party.

Jurisdiction is not retained.


text:
    476 A.2d 86
    Commonwealth v. Harris, Appellant.
    Submitted April 12, 1984.
    Ronald J. Saffron, for appellant; Gregory A. Olson, District Attorney, for Commonwealth, appellee.
    Before ROWLEY, JOHNSON and POPOVICH, JJ.
   Order affirmed.


text:
    477 A.2d 896
    Commonwealth v. Heil, Appellant.
    Reargument Denied July 18, 1984.
    Petition for Allowance of Appeal Denied Oct. 31, 1984.
    Argued February 29, 1984.
    Roger D. Horgan, for appellant; Kenneth J. Benson, Deputy District Attorney, for Commonwealth, appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 86
    Commonwealth v. Johnson, Appellant.
    Petition for Allowance of Appeal Denied Sept. 18, 1984.
    Argued March 28, 1984.
    Frederick W. McBrien, III, for appellant; Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and McEWEN, JJ.
   Order affirmed.


text:
    476 A.2d 87
    Commonwealth v. Keenan, Appellant.
    Submitted March 5, 1984.
    Barry H. Oxenburg, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 87
    Commonwealth v. Kreitzer, Appellant.
    Submitted February 4, 1981.
    Jonathan Blum, Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 87
    Commonwealth v. Mathis, Appellant.

      Argued January 18, 1984.
    Howard B. Zavodnick, for appellant; Prances Gerson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Judgments of sentence reversed; new trial granted.

Jurisdiction is not retained.


text:
    476 A.2d 87
    Commonwealth v. Melter, Appellant.
    Submitted March 23, 1984.
    Jay Nedell, for appellant; Michael J. Veshecco, District Attorney, for Commonwealth, appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Appeal quashed.


text:
    476 A.2d 88
    Commonwealth v. Moore, Appellant.
    Petition for Allowance of Appeal Denied Jan. 22,1985.
    Submitted December 14, 1983.
    Harold Diamond, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Affirmed.


text:
    476 A.2d 88
    Commonwealth v. Murphy, Appellant.
    Submitted March 15, 1984.
    Nicholas J. Lisi, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 88
    Commonwealth v. Nelson, Appellant.
    Petition for Allowance of Appeal Denied Aug. 28, 1984.
    Submitted March 5, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 89
    Commonwealth v. Parnell, Appellant.
    Submitted February 27, 1984.
    Alphonse P. LePore, Jr., Public Defender, for
    appellant; Gerald R. Solomon, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.
   Affirmed.


text:
    476 A.2d 89
    Commonwealth v. Poindexter, Appellant.
    Submitted February 27, 1984.
    Richard S. Levine, Assistant Public Defender, for appellant; Melinda G. Tell, Assistant District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.
   Affirmed.


text:
    476 A.2d 89
    Commonwealth v. Relosky, Appellant.
    Submitted February 3, 1984.
    John J. Fioravanti, Jr., Assistant Public Defender, for appellant; Wallace H. Bateman, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Order affirmed.


text:
    476 A.2d 89
    Commonwealth v. Sanchez, Appellant.
    Submitted
    April 16, 1984.
    Angel L. Ortiz, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before MONTEMURO, CERCONE and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 90
    Commonwealth v. Shenton, Appellant.
    Submitted March 5, 1984.
    Lawrence A. Ruth, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Appeal dismissed.


text:
    476 A.2d 90
    Commonwealth v. Solis-Sanchez, Appellant.
    Submitted April 16, 1984.
    Richard E. Johnson, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before MONTEMURO, CERCONE and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 90
    Commonwealth v. Stanley, Appellant.

      Submitted March 5, 1984.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 91
    Commonwealth v. Stanziola, Appellant.
    Submitted March 7, 1984.
    Lawrence D. MacDonald, for appellant; Joseph Giebus, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment of sentence vacated and case remanded to the trial court for an evidentiary hearing on appellant’s claims of ineffective assistance of counsel. Should the court determine that appellant has been denied the effective assistance of counsel, it shall grant him a new trial. Otherwise, the court shall reinstate the judgment of sentence. In either instance, appropriate appellate rights may be exercised by either party. Jurisdiction is not retained.


text:
    476 A.2d 91
    Commonwealth v. Stiver, Appellant.
    Petition for Allowance of Appeal Denied Sept. 25, 1984.
    Submitted November 29, 1988.
    Shelley Stark, Assistant Public Defender, for appellant; Robert Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before ROWLEY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 91
    Commonwealth v. Stocker, Appellant.
    Petition for Allowance of Appeal Denied Oct. 15, 1984.
    Argued December 14, 1983.
    Stephen R. Lacheen, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 91
    Commonwealth v. Taynton, Appellant.
    Submitted October 19, 1983.
    Alan Ellis, for appellant; Kenneth D. Brown, District Attorney, for Commonwealth, appellee.
    Before McEWEN, BECK and MONTEMURO, JJ.
   The judgment of sentence is affirmed.


text:
    476 A.2d 92
    Commonwealth v. Thornton, Appellant.
    Petition for Allowance of Appeal Denied Sept. 24, 1984.
    Submitted March 26, 1984.
    John H. Corbett, Jr., Public Defender, for appellant; Melinda G. Tell, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and BROSKY and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 92
    Commonwealth v. Vulto, Appellant.
    Submitted September 9, 1983.
    Robert A. Longo, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CAVANAUGH and HOFFMAN, JJ.
   Affirmed.


text:
    476 A.2d 92
    Commonwealth v. Waters, Appellant.
    . Petition for Allowance of Appeal Denied Aug. 21, 1984.
    Argued March 8, 1984.
    Susan Antonelli Flynn, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   The judgment of sentence filed August 6, 1982 is affirmed.


text:
    476 A.2d 93
    Commonwealth v. Watson, Appellant.
    Petition for Allowance of Appeal Denied Sept. 20, 1984.
    Submitted November 8, 1983.
    Shelley Stark, Assistant Public Defender, for appellant; Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 93
    Commonwealth v. Williams, Appellant.
    Submitted February 3, 1984.
    Timothy A. Crawford, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 93
    Com. ex rel. Harvey v. Harvey, Appellant.
    Argued March 6, 1984.
    Alan L. Leven-good, for appellant; Jonathan L. Wesner, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   The order of support is vacated, and the case is remanded for reconsideration in accordance with the foregoing memorandum. jurisdiction is relinquished.


text:
    476 A.2d 93
    Fish v. Ball, Appellant. Ball, Appellant, v. Ball.
    Submitted February 29, 1984.
    Gerald J. Villella, for appellant; Evan E. Adair, for appellees.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 94
    Foky v. Foky, Appellant.

      Argued March 13, 1984.
    Jerry L. Johnson, for appellant; James S. Kilpatrick, Jr., for appellee.
    Before CAVANAUGH, WIEAND and CHULLO, JJ.
   Order affirmed.


text:
    476 A.2d 94
    Gilbert Foam Co., Appellant, v. Rockwood Ins. Co.
    Petition for Allowance of Appeal Denied Aug. 20, 1984.
    Argued December 8, 1983.
    Lee H. Roberts, for appellant; Lester L. Greevy, Jr., for appellees.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Order affirmed.


text:
    476 A.2d 94
    Hips v. Hips, Appellant.
    Submitted March 13, 1984.
    Eugene E. Kellis, for appellant; Charles S. Wilson, for appellee.

      Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Order affirmed.


text:
    476 A.2d 94
    Kuhn v. Giannamore, Appellant.
    Submitted March 23, 1984.
    Joseph F. Gianna-more, appellant, in propria persona; Joseph M. Walsh, Jr., for appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 95
    Macialek, et al., Appellants, v. Hartford Ins., et al.
    Submitted March 8, 1984.
    James K. Thomas, II, for appellants; Dennis O. Reiter, for appellees.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment reversed and case remanded for further proceedings. Jurisdiction relinquished.


text:
    476 A.2d 95
    Murphy v. Prudential, Appellant. Johnson v. Prudential, Appellant.
    Argued February 2, 1984.
    Catherine N. Jasons, for appellant; Clayton H. Thomas, Jr., for appellees.
    Before SPAETH, President Judge, and MONTEMURO and HOFFMAN, JJ.
   Appeal quashed. Jurisdiction relinquished.


text:
    476 A.2d 95
    Nutter, Appellant, v. Ins. Co. of N. America, et al.
    Argued January 11, 1984.
    Allen L. Feingold, for appellant; Jeffrey A. Less, for appel-lee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Orders affirmed.


text:
    476 A.2d 96
    Reynolds, Appellant, v. Whispering Pine Lodge.

      Argued January 11, 1984.
    Max-
    well H. Cohen, for appellant; Richard E. Deetz, for appel-lees.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   The order of the learned Monroe County Common Pleas Court Judge James R. Marsh is affirmed.


text:
    476 A.2d 96
    Rush v. Cassel, Appellant.
    Argued March 13, 1984.
    James McGarrity, for appellant; Jerome B. Nulty, for appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Affirmed.

WIEAND, J., concurred in the result.


text:
    476 A.2d 96
    Staples, Appellant, v. Harford Ins. Co.
    Submitted March 27, 1984.
    Ronald J. Mishkin, for appellant; Barbara L. Hollen-bach, for appellee.

      Before BROSKY, WIEAND and McEWEN, JJ.
   The order of the learned Pike County President Judge Harold A. Thomson, Jr. is affirmed.


text:
    476 A.2d 96
    Stoff, Appellants, v. Shadyside Hospital.
    Argued November 29, 1983.
    J. Philip Bromberg, for appellants; Richard J. Federowicz, for Shadyside, appellee; Richard S. Dorfzaun, for Keddie, ap-pellee.
    Before ROWLEY, WIEAND and HESTER, JJ.
   Judgment affirmed.


text:
    476 A.2d 97
    Tanzosh, Appellant, v. Lone Star Ind., Inc.
    Petition for Allowance of Appeal Denied Oct. 12, 1984.
    Argued March 15, 1984.
    Nicholas Noel, III, for appellant; Robert E. Simpson, Jr., for appellee.
    Before CAVANAUGH, WIEAND and CIRILLO, JJ.
   Order affirmed.


text:
    476 A.2d 97
    Zanella, Appellant, v. Center Area Sch. Dist., et al.
    Petition for Allowance of Appeal Denied Oct. 18, 1984.
    Argued February 8, 1984.
    T. Richard Zanella, for appellant; John A. Palmieri, for Center Area, appellees; Richard Urich, for Center Bus Lines, ap-pellee; George A. Verlihay, for McCarter, appellee; John Z. Michael, for Mannix, appellee.
    Before BROSKY, OLSZEWSKI and JOHNSON, JJ.
   Order of October 22, 1981 affirmed.


text:
    May 25, 1984.
    476 A.2d 97
    Alston v. Alston, Appellant.
    Argued October 13, 1983.
    Ronald J. Harper, for appellant; David Parker I. Brown, III, for appellee.
    Before SPAETH, President Judge, and MONTEMURO and POPOVICH, JJ.
   Affirmed.


text:
    476 A.2d 98
    Clingan Builders v. Yecko, et ux., Appellants.
    Argued March 1, 1984.
    Charles M. Means, for appellants; Reed B. Day, for appel-lee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Judgment affirmed.


text:
    476 A.2d 98
    Commonwealth v. Ahearn, Appellant.
    Petition for Allowance of Appeal Denied Nov. 28, 1984.
    Submitted January 20, 1984.
    Gary A. Delafield, for appellant; Robert A. Mix, District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Order affirmed.


text:
    476 A.2d 98
    Commonwealth v. Carrasquillo, Appellant.

      Submitted January 20, 1984.
    Stanley M. Yasiliadis, Assistant Public Defender, for appellant; Richard H. Pepper, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 98
    Commonwealth v. Clay, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1984.
    Submitted November 4, 1983.
    Michael G. Defino, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 99
    Commonwealth v. Cohen, Appellant.

      Submitted March 23, 1984.
    John H. Corbett, Jr., Public Defender, for appellant; Melinda G. Tell, Assistant District Attorney, for Commonwealth, appel-lee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    476 A.2d 99
    Commonwealth v. Collins, Appellant.
    Submitted September 30, 1983.
    Daniel R. Lovette, III, Assistant Public Defender, for appellant; Patrick T. Kiniry, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 99
    Commonwealth v. Consalvo, Appellant.
    Submitted November 28, 1983.
    Raymond E. Kumor, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Order affirmed.


text:
    476 A.2d 100
    Commonwealth v. Cruice, Appellant.
    Submitted March 27, 1984.
    Albert C. Oehrle, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and McEWEN, JJ.
   The order of the learned Montgomery County Common Pleas Court Judge Frederick B. Smillie is affirmed.

WIEAND, J., filed a dissenting memorandum.


text:
    476 A.2d 100
    Commonwealth v. Darcy, Appellant.
    Argued February
    8, 1984.
    Thomas A. Crawford, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.

      Before BROSKY, OLSZEWSKI and JOHNSON, JJ.
   Appeal quashed.


text:
    476 A.2d 100
    Commonwealth v. Dark, Appellant.
    Argued October 5, 1983.
    Michael A. Shechtman, for appellant; Mariana C. Sorensen, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and LIPEZ, JJ.
   Order affirmed.

WIEAND, J., filed a dissenting memorandum.


text:
    476 A.2d 100
    Commonwealth v. Dugan, Appellant.
    Submitted February 16, 1984.
    Richard M. Kastendieck, Deputy Public Defender, for appellant; William F. Merz, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 101
    Commonwealth v. Gateward, Appellant.
    Submitted November 18, 1983.
    Michael J. Byrne, Jr., for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 101
    Commonwealth v. Gutman, Appellant.
    Petition for Allowance of Appeal Denied Sept. 20, 1984.
    Submitted May 20, 1983.
    Gilbert B. Abramson, for appellant; Stuart M. Niemtzow, Deputy Attorney General, for Commonwealth, appellee.
    Before HESTER, BROSKY and BECK, JJ.
   Judgment of sentence of the lower court is modified to reverse the conspiracy conviction. As modified, judgment of sentence is affirmed.


text:
    476 A.2d 101
    Commonwealth v. Hare, Appellant.
    Argued November 3, 1983.
    Shaubut C. Walz, III, Public Defender, for appellant; R. Scott Cramer, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Judgment of sentence affirmed.

CERCONE, J., concurred in the result.


text:
    476 A.2d 102
    Commonwealth v. Hill, Appellant.
    Submitted June 17, 1983.
    Douglas M. Johnson, Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, McEWEN and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 102
    Commonwealth v. Hill, Appellant.
    Submitted March 5, 1984.
    Richard J. Hodgson, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Order affirmed.


text:
    476 A.2d 102
    Commonwealth v. Holder, Appellant.
    Argued February 7, 1984.
    Carmela R.M. Presogna, Assistant Public Defender, for appellant; Shad Connelly, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, OLSZEWSKI and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 102
    Commonwealth, Appellant, v. Huertas.

      Argued February 23, 1984.
    Stuart L. Haimowitz, Assistant District Attorney, for Commonwealth, appellant; Jeffrey P. Shender, Assistant Public Defender, for appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Order reversed and case remanded for trial.


text:
    476 A.2d 103
    Commonwealth v. Hunter, Appellant.
    Submitted March 23, 1984.
    Richard E. McCormick, Jr., Assistant Public Defender, for appellant; Margaret E. Picking, Assistant District Attorney, for Commonwealth, appellee.
    Before POPOVICH, HOFFMAN and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 103
    Commonwealth v. Johnson, Appellant.
    Petition for Allowance of Appeal Denied Oct. 23, 1984.

      Submitted September 30, 1983.
    John H. Corbett, Jr., Public Defender, for appellant; Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 103
    Commonwealth v. Jones, Appellant.
    Submitted January 20, 1984.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 104
    Commonwealth v. Komoroski, Appellant.
    Petition for Allowance of Appeal Denied Sept. 27, 1984.

      Dennis J. Clark, for appellant; John L. Brown, Jr., Assistant District Attorney, for Commonwealth, appellee. Before BROSKY, McEWEN and BECK, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 104
    Commonwealth v. Lateef, Appellant.
    Submitted March 5, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, POPOVICH and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 104
    Commonwealth v. Long, Appellant.
    Petition for Allowance of Appeal Denied Oct. 26, 1984.
    Submitted December 9, 1983.
    Kenneth R. Dixon, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 104
    Commonwealth v. Mastrippolito, Appellant.
    Petition for Allowance of Appeal Denied Sept. 5, 1984.
    Submitted February 16, 1984.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 105
    Commonwealth v. McCray, Appellant.
    Submitted November 18, 1983.
    Kenneth L. Mirsky, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before McEWEN, HESTER and LIPEZ, JJ.
   Order and judgment of sentence affirmed.


text:
    478 A.2d 896
    Commonwealth v. Miles, Appellant.
    Reargument Denied July 31, 1984.
    Petition for Allowance of Appeal Granted Nov. 29, 1984.
    Submitted September 9, 1983.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, ap-pellee.
    Before SPAETH, P.J., and CAVANAUGH and HOFFMAN, JJ.
   Affirmed.

CAVANAUGH, J., filed a dissenting memorandum.


text:
    476 A.2d 105
    Commonwealth v. Musica, Appellant.
    Submitted February 27, 1984.
    Louis D. Música, appellant; in propria persona; James R. Dailey, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 105
    Commonwealth v. Trusty, Appellant.
    Submitted January 20, 1984.
    Daniel McGee, Public Defender, for appellant; Robert A. Mix, District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 106
    Commonwealth v. Williams, Jr., Appellant.
    Submitted January 20, 1984.
    Paul M. Messing, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    476 A.2d 106
    Commonwealth v. Young, Appellant.
    Petition for Allowance of Appeal Denied Sept. 26, 1984.
    Submitted November 4, 1983.
    Mitchell S. Strutin, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    478 A.2d 896
    Kocubinski, Appellant, v. Trustees of the U. of P.
    Reargument Denied July 31, 1984.
    Petition for Allowance of Appeal Denied Nov. 13, 1984.
    Argued November 23, 1983.
    David H. Marion, for appellant; Jan E. Dubois, for appellee.

      Before MONTEMURO, WATKINS and CERCONE, JJ.
   Judgment affirmed.


text:
    476 A.2d 106
    Schiavo, Appellant, v. Costin.
    Petition for Allowance of Appeal Denied Sept. 18, 1984.
    Submitted November 4, 1983.
    Frank D. Branella, for appellant; Frank X. O’Brien, for appellees.
    Before ROWLEY, BECK and MONTGOMERY, JJ.
   Judgment affirmed.


text:
    476 A.2d 106
    Spawn Mate East, Inc., Appellant, v. Schlott.
    Submitted November 18, 1983.
    Rolfe C. Marsh, Assistant Public Defender, for appellant; Clifford B. LePage, Jr., for appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   The order of the learned Berks County Common Pleas Court President Judge Grant E. Wesner is affirmed.


text:
    May 31, 1984.
    476 A.2d 107
    Commonwealth v. Rivera, Appellant.
    Submitted April 26, 1984.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Charles A. Achey, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, BECK and HOFFMAN, JJ.
   Judgment of sentence affirmed.