source: Caselaw Access Project

author: SPAETH, Judge: WIEAND, Judge, SHERTZ, Judge,

license: Public Domain

text:
    439 A.2d 712
    Robert I. TOLL, Appellant, v. Norma TOLL.
    Superior Court of Pennsylvania.
    Argued April 23, 1981.
    Filed Dec. 18, 1981.

      Albert Momjian, Philadelphia, for appellant.
    Parker W. Wilson, Norristown, for appellee.
    Before CERCONE, President Judge, and PRICE, SPAETH, HESTER, CAVANAUGH, WICKERSHAM, BROSKY, DiSALLE, JOHNSON, MONTEMURO, POPO-VICH, SHERTZ and WIEAND, JJ.
   SPAETH, Judge:

This case arises on two appeals, which have been consolidated. One appeal is from an order granting appellee’s application that appellant’s pending action to divorce her should proceed under the Divorce Code of 1980. The other appeal is from an order denying appellant’s petition that the action should continue under the Divorce Law of 1929. We have concluded that both orders are interlocutory and not appealable. The appeals will therefore be quashed.

Appellant filed his complaint in divorce on July 19, 1973. For various reasons, including a protracted battle over appellee’s entitlement to support, the action was still pending on July 1, 1980, the effective date of the Divorce Code. On July 10, 1980, appellee filed an application to proceed under the Code. In the application she said that she wished to have the benefits of the Code with regard to no-fault divorce, equitable distribution, and alimony, and that granting the application would accomplish the objectives listed in section 102(a) of the Code. With no notice to appellant or opportunity to be heard, the lower court, by order dated July 11 and docketed on July 16, 1980, granted the application. Appeal Number 1962 is from that order.

On a date not reflected in the docket, but sometime after July 16, 1980, appellant filed a petition, with a rule to show cause, to have the action continue under the Divorce Law. Although not labeled as such, the petition was in effect a petition to strike the previously granted application for transfer. The lower court, by order dated July 23 and docketed July 29, 1980, denied the petition, also without providing appellant an opportunity to be heard. Appeal Number 1963 is from that order.

Appellee filed motions that both appeals be quashed as interlocutory. On February 20,1981, we denied the motions, without prejudice to the parties’ rights to brief and argue whether we had jurisdiction of the appeals.

In his Statement of Jurisdiction appellant recites that we have jurisdiction of both appeals pursuant to the section of the Judicial Code that gives us jurisdiction over appeals from “final orders” of courts of common pleas. 42 Pa.C.S.A. § 742. However, in the body of his brief appellant does not rest upon this statement. Instead, citing Gurnick v. Government Employees Insurance Co., 278 Pa. Superior Ct. 437, 420 A.2d 620 (1980), he argues that even if the orders are interlocutory, we should, because of the importance of the issues presented, exercise a “broad discretionary power of review” to take jurisdiction of the appeals. Brief for Appellant at 18-19.

If the holding of Gumick correctly stated our jurisdiction, appellant’s argument that we should hear these appeals would have merit, for in Gumick a panel of this court did hold that it had jurisdiction of an appeal from an interlocutory order where the issue was of “great importance” and a decision would provide “guidance” to the lower courts. Id. at 439, 420 A.2d at 621. However, for the reasons given by Judge HOFFMAN in his dissenting opinion in Gurnick, we have concluded that the Judicial Code, Act of July 9, 1976, P.L. 586, No. 142, as amended, 42 Pa.C.S.A. § 101 et seq., does not give this court any such “broad discretionary power of review.” Only the Supreme Court has such power. Id. § 726. Gurnick is therefore overruled.

This court does have discretionary power to hear an appeal of an interlocutory order that has been certified by the lower court as presenting a “controlling question of law as to which there is substantial ground for difference of opinion and [where] an immediate appeal from the order may materially advance the ultimate determination of the matter[.]” Id. § 702(b). Here, however, the lower court did not certify either of the orders in question. If a lower court refuses to certify an interlocutory order, the refusal may be tested by means of a petition for review, which if granted permits us to consider the merits of the underlying appeal. Id. § 704 Official Source Note; Pa.R.A.P. 1311 Note. Notwithstanding the lack of orders refusing certification, appellant did file a petition for review. On February 20, 1981, at No. 173 Miscellaneous Docket No. 12, however, we denied the petition.

It is therefore evident that if the lower court’s orders are indeed interlocutory, we have no jurisdiction of these appeals.

We are sympathetic to appellant’s plea that the issues raised by his appeals are of great importance, and that a decision on them will “give guidance to the lower courts and the entire bar ...” Brief for Appellant at 19. We believe, however, or in any event, we hope, that our decision on other appeals, which arise in cases companion to appellant’s and which we have also filed today, Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 (1981); Conrad v. Conrad, 293 Pa.Superior Ct. 558, 439 A.2d 717 (1981), provide the needed guidance. In addition, it may be noted, part of that guidance is provided by our decision here, for it is important to establish whether an order granting an application that a pending action proceed under the Divorce Code is, or is not, appealable.

We are also sympathetic to appellant for relying on Gurnick. However, we cannot permit that sympathy to affect our judgment. We have no power to enlarge our jurisdiction, which as provided by the Constitution, Article 5, Section 3, is fixed by the legislature, 42 Pa.C.S.A. §§ 702, 704, 708, 741-742. Whenever, and however, it appears that we lack jurisdiction of an appeal, we must quash the appeal. Mitchell v. Center City Cadillac, 287 Pa.Superior Ct. 350, 430 A.2d 321 (1981); Giannini v. Foy, 279 Pa.Superior Ct. 553, 421 A.2d 338 (1980).

As we have indicated, appellant initially believed—at least so his Statement of Jurisdiction suggests—that the lower court’s orders are not interlocutory but are final orders. If the orders are final, then we have jurisdiction of these appeals.

“The finality of an order is a judicial conclusion which can be reached only after an examination of its ramifications.” Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 228, 348 A.2d 734, 735 (1975). If the practical effect of an order is to put an appellant out of court by precluding him from presenting the merits of his claim, the order is appealable. Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978); T.C.R. Realty, Inc. v. Cox, 472 Pa. 331, 372 A.2d 721 (1977). In one of the cases companion to this one, Gordon v. Gordon, supra, we applied these principles to an order denying an application that a pending action proceed under the Divorce Code. We held that the order was appealable because its effect was to put the appellant out of court as far as any affirmative case of her own was concerned. While she remained in court to defend against her husband’s claims that she had committed indignities and that he was an innocent and injured spouse, she was prevented from presenting her own claims under the Divorce Code for equitable distribution and alimony. We reasoned that in these circumstances she was in the same position as the appellant in T.C.R. Realty, Inc. v. Cox, supra, who remained in court to defend against a counterclaim but whose entire case-in-chief had been dismissed by the lower court.

When these same principles are applied to the orders here, which granted an application that a pending action proceed under the Divorce Code, it is clear that neither party is prevented by the transfer from presenting any claims or defenses that could have been presented under the Divorce Law. Appellant’s claim that he is entitled to a divorce because of appellee’s marital misconduct remains cognizable under section 201(a) of the Divorce Code. The only effect of the transfer is to add issues to the action, not to foreclose any. It is therefore evident that the orders here are not final orders.

Consistent with, and confirming, this conclusion is the fact that an order granting an application that a pending action proceed under the Divorce Code makes available the protection provided by section 403 of the Code against dissipation of marital property. Thus the order avoids inflicting any irreparable harm, in contrast with an order denying an application, which leaves what might later be determined to be marital property unprotected. As the possibility of irreparable harm indicates finality, so the absence of irreparable harm indicates lack of finality. Pugar v. Greco, supra; Gordon v. Gordon, supra.

No surprise should arise from our conclusion that an order denying an application that an action proceed under the Divorce Code is immediately appealable as a final order, see Gordon v. Gordon, supra, while an order granting such an application is not. Our practice has many examples of the appealability of an order being dependent on which way the lower court has ruled. Lower court orders granting preliminary objections, motions to suppress, or motions for summary judgment, may, depending on their scope, be appealable; orders denying the same motions are not appealable. See, e.g., Brandywine Area Joint School Authority v. VanCor, Inc., 426 Pa. 448, 233 A.2d 240 (1967).

The appeals are quashed.

WIEAND, J., files a concurring opinion in which HESTER, J., joins.

SHERTZ, J., files a concurring statement.

DiSALLE, J., notes dissent.

WIEAND, Judge,

concurring:

I concur with the majority that the order appealed from is interlocutory and that the instant appeal, therefore, must be quashed. However, I am unable to accept the double standard by which the majority determines that an order denying a wife’s application to proceed under the Divorce Code of 1980 is final and appealable, while an order granting such an application is interlocutory and not appealable by the husband. In my judgment, both orders are interlocutory. Neither order constitutes a “final determination” of the marriage relationship; neither represents a “final determination” of the property rights between the parties; neither puts a party “out of court.” The order is no more than a preliminary determination that one law or the other shall be applied in adjudicating the rights of the parties. Such an order, in my judgment, is interlocutory, and an appeal therefrom will not lie.

HESTER, J., joins in this concurring opinion.

SHERTZ, Judge,

concurring:

For the reasons set forth in my concurring and dissenting opinion in Gordon v. Gordon, 293 Pa.Super.Ct. 491, 439 A.2d 683, J. 858/81 filed, I believe that the court below erred in failing to conduct a hearing on Appellee’s application to proceed under the Divorce Code of 1980. However, inasmuch as both orders appealed from are interlocutory, I agree that these consolidated appeals must be quashed, although I am unable to join in the majority opinion due to its referenees to, and reliance upon, Gordon v. Gordon, 293 Pa.Super.Ct. -, 439 A.2d 683, J. 858/81. I therefore concur in the result.

      . The Divorce Code, Act of April 2, 1980, P.L. 63, No. 26, 23 P.S. § 101 et seq.

      . The Divorce Law, Act of May 2, 1929, P.L. 1237, as amended, 23 P.S. § 1 et seq. (repealed).

      . In their opinions filed in support of the orders granting the application for transfer and. refusing appellant’s cross petition that the action continue under the old law, two different judges of the lower court took the position that no opportunity to be heard was required. This was error. In Gordon v. Gordon, 293 Pa. Superior Ct. 491, 439 A.2d 683 (1981), which is also being filed today, we hold that the court must exercise a degree of discretion, albeit very limited, in ruling on an application for transfer and that some opportunity to be heard is therefore required. Id., 293 Pa.Super. at 506, n. 6, 439 A.2d at 690, n. 6.

      . See note 4 on page 553.

        4. Meanwhile, on July 22, 1980, the lower court had issued orders implementing the transfer of this action from the Divorce Law to the Divorce Code, one order permitting appellee to file an answer and counterclaim under the Code nunc pro tunc, and another order directing master’s hearings on appellee’s claims for equitable distribution and alimony. Appellant appealed the orders of July 22 at Numbers 1960 and 1961 Philadelphia 1980. On February 20, 1981, we quashed those appeals without prejudice to our further consideration of Appeals Numbers 1962 and 1963, which are now before us.

      . Appellee tells us that appellant “informally requested ... certification by letter [to the lower court] dated August 4, 1980,” but that “by letter to counsel dated August 12, 1980 [the court] declined to certify the orders.” Brief for Appellee at 8 n.l. However, no order of refusal appears on the docket.

      . See note 5, supra.


author: SPAETH, Judge: POPOVICH, Judge, WIEAND, Judge, SHERTZ, Judge,

text:
    439 A.2d 717
    Joseph J. CONRAD, Appellant, v. Emily L. CONRAD.
    Superior Court of Pennsylvania.
    Argued April 23, 1981.
    Filed Dec. 18, 1981.

      John R. DeAngelis, Pittsburgh, for appellant.
    June S. Schulberg, Pittsburgh, for appellee.
    Before CERCONE, President Judge, and PRICE, SPAETH, HESTER, CAVANAUGH, WICKERSHAM, BROSKY, DiSALLE, JOHNSON, MONTEMURO, POPO-VICH, SHERTZ and WIEAND, JJ.
   SPAETH, Judge:

This is an appeal from an order granting an application that a pending action in divorce proceed under the Divorce Code of 1980 instead of the Divorce Act of 1929. In Toll v. Toll, 293 Pa.Superior Ct. 549, 439 A.2d 712 (1981), which is a case companion to this one and which is being filed today, we hold that an order granting such an application for transfer is interlocutory. However, unlike the lower court in Toll, here the lower court certified its order pursuant to 42 Pa.C.S.A. § 702(b), and we granted permission to appeal. This appeal is therefore properly before us. In Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 (1981), which is another case companion to this one and which is also being filed today, we prescribe the procedure to be followed, and the factors to be considered, in ruling upon an application that a pending action proceed under the Divorce Code. Here the lower court ruled upon the application in the manner prescribed in Gordon. We therefore affirm.

Appellant and appellee were married in 1947 and have seven children. Appellant left appellee in July 1979, and in August 1979 he filed for divorce, claiming indignities. As of July 1, 1980, three master’s hearings had been held and the record closed, but the master had not yet filed his report. Some time in July appellee filed an application that the action proceed under the Divorce Code. On August 13 appellant filed a memorandum of law in opposition to appellee’s application, and on September 3 appellee filed a brief in support of her application. On September 12 the lower court ordered the matter for argument before the court en banc on September 23, and after argument, on November 24 entered its order granting the application. On December 19 the court certified its order pursuant to 42 Pa.C.S.A. § 702(b), and on March 12, 1981, at No. 1227 Miscellaneous Docket, we granted permission to appeal.

Section 103 of the Divorce Code of 1980 provides that “upon application granted,” an action pending on the effective date of the Code, July 1, 1980, shall proceed under the Code instead of under the Divorce Law of 1929. In Gordon v. Gordon, supra, we prescribe the manner in which a court should rule upon such an application. If one party opposes the application, the court must ensure that that party has the opportunity to raise objections. Id., 293 Pa.Super. at 506 n. 6, 439 A.2d at 690 n. 6. In ruling upon the objections, the court’s range of discretion is extremely narrow, being limited to a consideration of whether granting the application will be consistent with the objectives described in section 102 of the Divorce Code.

If granting the application will further those objectives, the court should grant the application; if granting the application will be inconsistent with those objectives, the court should deny the application.
Id., 293 Pa. Super. at 506, 439 A.2d at 690.

Also, we recognize in Gordon that when an application is filed at a late stage of the litigation, certain economic consequences may have ensued. We hold, however, that such consequences are not pertinent to the decision whether to grant the application, for if the application is granted, they may be taken into account in deciding upon equitable distribution and alimony. Id., 293 Pa.Super. at 507, 439 A.2d at 690.

The record of this case discloses that appellant has had the opportunity to raise objections to the application. Before granting the application, the lower court, sitting en banc, received briefs and heard argument. The record further discloses—in particular, the lower court’s opinion does— that the lower court exercised its limited discretion in keeping with the standard prescribed in Gordon. The court recognized that in ruling upon the application, it was required to engage in an exercise of discretion: “For the reasons that follow we believe that the Court should exercise its discretion to permit [appellee] in the present case to amend her counterclaim to assert alimony and property distribution claims.” Lower court slip op. at 5. The court proceeded to exercise its discretion by considering whether granting the application would further the objectives described in section 102(a) of the Code. Thus the court anticipated our decision in Gordon. The court noted that appellee had been a housewife for more than thirty years and was the mother of seven children. Id. at 8. The court properly rejected appellant’s argument that it should consider the amount of time and money already expended, and the stage reached in the litigation. Id. at 6.

AFFIRMED.

POPOVICH, J., files a concurring statement.

WIEAND, J., files a dissenting opinion in which HESTER, J., joins.

SHERTZ, J., files a dissenting statement.

POPOVICH, Judge,

concurring:

I join the majority’s decision to affirm the trial court’s granting of appellee’s petition to proceed under the new Divorce Code. The Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, 23 P.S. § 101 et seq. This writer, however, would grant pro forma a petition filed by either party to proceed under the new Code in pending suits, except in those cases in which a final decree has been entered below prior to the effective date of the new Code. See Gordon v. Gordon, 293 Pa.Super. 491, 439 A.2d 683 (1981) (POPOVICH, J. Concurring Opinion).

WIEAND, Judge,

dissenting:

For the reasons ably stated by Judge Shertz in his concurring and dissenting opinion in Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 I am of the opinion that appellee’s application to proceed under the Divorce Code of 1980 required the exercise of a sound discretion by the trial court. This implies the necessity for a hearing. In the instant case, no such hearing was held. Therefore, I would remand for hearing consistent with Judge Shertz’s concurring and dissenting opinion in Gordon.

SHERTZ, Judge,

dissenting:

I dissent. The record in this case discloses that the lower court granted Appellee’s application to proceed under the Divorce Code of 1980 solely on the basis of said application, the parties’ briefs and oral argument. Appellee’s application, in pertinent part, merely averred that Appellee was the defendant in a pending divorce action, that the Master’s report had not yet been published and that defendant “desires the aforesaid matter be concluded under the Divorce Code, effective July 1, 1980.” No hearing was held and no facts were placed on the record, by stipulation or otherwise, which would permit the court below to properly exercise its discretion, as this Court has held it must. Gordon v. Gordon, 293 Pa.Super.Ct. 491 at 510, 439 A.2d 683 at 692. I would therefore remand for a hearing consistent with the requirements set forth in my concurring and dissenting opinion in Gordon v. Gordon.

      . The Divorce Code, Act of April 2, 1980, P.L. 63, No. 26, 23 P.S. § 101 et seq.

      . The Divorce Law, Act of May 2, 1929, P.L. 1237, as amended, 23 P.S. § 1 et seq. (repealed).

      . The lower court’s opinion says that appellee’s application was filed on July 23, 1980, Slip op. at 2, from which we assume that on that day it was presented to the court. It was not filed of record with the prothonotary until March 12, 1981.


text:
    May 22, 1981.
    435 A.2d 262
    Bamberger et ux. v. Concours Ltd. et al. Appeal of Patricia Bamberger.
    Argued June 10, 1980.
    Andrew F. Napoli, for appellants; Michele S. Geraghty, for appellees.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 263
    Commonwealth v. Barrett, Appellant.
    Submitted December 6, 1979.
    Tom Mills, Jr., for appellant; Richard B. Russell, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BROSKY and ROBERTS, JJ.

       Justice Samuel J. Roberts of the Supreme Court of Pennsylvania is sitting by designation.

   Judgment of sentence affirmed.

ROBERTS, J., concurred in the result.


text:
    435 A.2d 263
    Commonwealth v. Bechtold, Appellant.
    Reversed for New Trial Dec. 3, 1981.
    Submitted November 12, 1979.
    Mark J. Goldberg, for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, MONTGOMERY and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 263
    Commonwealth v. Blackburn, Appellant.
    Argued November 10, 1980.
    Robert G. Kochems, for appellant; Harry A. Penich, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 264
    Commonwealth v. Dellaria, Appellant.
    Argued November 10, 1980.
    William F. Manifesto, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 264
    Commonwealth v. Demianczyc, Appellant.

      Submitted March 21, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 264
    Commonwealth v. Faiello, Appellant.
    Argued November 12, 1980.
    James G. Gordon, for appellant; Kemal Alexander Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 264
    Commonwealth v. Frith, Jr., Appellant.
    Petition for Allowance of Appeal Denied Sept. 9, 1981.

      Argued June 11, 1980.
    Thomas I. Puleo, for appellant; Franklin L. Noel, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 265
    Commonwealth v. Garnett, Appellant.
    Submitted November 14, 1980.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Order affirmed.


text:
    435 A.2d 265
    Commonwealth v. Lee, Appellant.
    Argued March 19, 1980.
    Richard A. Ash, for appellant; Lee Kaplan, Assistant District Attorney, for Commonwealth, appellee.

      Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 265
    Commonwealth to Use of Blueville Bk., etc. v. Mathews, Appellant.
    Argued November 11, 1980.
    James P. Hook, for appellant; William R. Nalitz, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Mathews appeals the Order of the court below sustaining Blueville Bank’s preliminary objection to Mathews’s raising, in new matter, the affirmative defense of res judicata and ordering the case to trial. The appeal is thus interlocutory, and not final, and may not be heard. See Pa.R.App.P. 341(a). Appeal quashed.

      . This appeal falls within none of the exceptions set forth by Pa.R. App.P. 311 and 312.


text:
    435 A.2d 266
    Commonwealth v. Miller, Appellant.
    Petition for Allowance of Appeal Denied Dec. 29, 1981.
    Argued September 9, 1980.
    Jerome R. Smith, for appellant; Charles M. Guthrie, Assistant District Attorney, did not file a brief on behalf of Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 266
    Commonwealth v. Morales, Appellant.
    Submitted December 5, 1980.
    Karl F. Longenbach, for appellant; James J. Narlesky, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 266
    Commonwealth v. Morrow, Appellant.
    Submitted April 16, 1980.
    William A. Dopierala, for appellant; John H. Moore, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 267
    Commonwealth v. Ortiz, Appellant.
    Argued March 19, 1980.
    Anthony E. Jackson, for appellant; Michele A. Goldfarb, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

LIPEZ, J., filed a memorandum concurring statement.


text:
    435 A.2d 267
    Commonwealth v. Pauze, Appellant.
    Submitted June 13, 1980.
    John G. McDougall, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.

      Before BROSKY, HOFFMAN and CIRILLO, JJ.

       Judge Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania, is sitting by designation.

   Judgment of sentence affirmed.


text:
    435 A.2d 267
    Commonwealth ex rel., Leveritt v. Hewitt. Appeal of Vernon F. Leveritt.
    Submitted March 21, 1980.
    Joseph W. Mullin, Public Defender, for appellant; Stewart L. Kurtz, District Attorney, for appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order of court affirmed.


text:
    435 A.2d 267
    LaFontaine DDS & Maurer DDS v. Gelb et ux., Appellants.
    Submitted March 20, 1980.
    Jeffrey M. Miller, for appellants; William Brennan, for appellees.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 268
    St. Peter’s Lutheran Church v. Ohl, Appellant.
    Argued March 17, 1980.
    George B. Ditter, for appellant; Joseph Lonergan, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    May 29, 1981.
    435 A.2d 268
    Commonwealth v. Bragg, Appellant.
    Argued December 1, 1980.
    John J. Fioravanti, Jr., Assistant Public Defender, for appellant; C. Theodore Friteh, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 268
    Commonwealth v. Chatman, Appellant.

      Argued March 20, 1980.
    Seth Weber, Assistant Public Defender, for appellant; John J. Keylock, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

LIPEZ, J., concurred in the result.


text:
    435 A.2d 269
    Commonwealth, Appellant, v. Clark.
    Submitted June 10, 1980.
    Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellant; Michael A. Goetz, Assistant Public Defender, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Orders affirmed.

WICKERSHAM, J., dissented.


text:
    435 A.2d 269
    Commonwealth v. DePetro, Appellant.
    Petition for Allowance of Appeal Denied Oct. 2, 1981.

      Submitted April 16, 1980.
    John Halley, for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 269
    Commonwealth v. Franklin, Appellant.
    Submitted September 10, 1980.
    John J. McCreesh, III, for appellant; Mark S. Gurevitz, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   The judgment of sentence is hereby affirmed.


text:
    435 A.2d 269
    Commonwealth v. Gary a/k/a Gray, Appellant.
    Petition for Allowance of Appeal Denied Sept. 14, 1981.

      Submitted April 16, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 270
    Commonwealth v. Hall, Appellant.
    Argued September 11, 1980.
    Helen McCaffrey, for appellant; Cynthia H. Severinsen, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   The judgment of sentence is hereby affirmed.


text:
    435 A.2d 270
    Commonwealth v. Houtz, Appellant.

      Submitted March 6, 1980.
    Anthony S. Federico, Jr., for appellant; Le Roy S. Zimmerman, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Affirmed.

Reversed in part, 437 A.2d 385.


text:
    435 A.2d 270
    Commonwealth v. Kile, Appellant.
    Submitted December 5, 1980.
    Mark A. Hutchinson, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Order affirmed.


text:
    435 A.2d 271
    Commonwealth v. Kirkland, Appellant.
    Submitted April 16, 1980.
    Steven Kocherzat, for appellant; John Lee Brown, Jr., Assistant District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., concurred in the result.


text:
    435 A.2d 271
    Commonwealth v. Lane, Appellant.
    Submitted September 11, 1980.
    Jeffrey Shender, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 271
    Commonwealth v. Pachilis, Appellant.
    Submitted December 5, 1980.
    Gary D. Fronheiser, Assistant Public Defender, for appellant; J. Michael Morrissey, District Attorney, for Commonwealth, appellee.

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


text:
    435 A.2d 271
    Commonwealth v. Rucker, Appellant.
    Petition for Allowance of Appeal Granted Sept. 9, 1981.
    See 476 Pa.
    Submitted September 11, 1980.
    Elias B. Landau, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 272
    Commonwealth v. Shupe, Appellant.
    Submitted April 16, 1980.
    David G. Matson, for appellant; Jackson W. Casey, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 272
    Commonwealth v. Simms, Appellant.
    Argued April 16, 1980.
    Leonard I. Sharon, for appellant; Linda Cobb, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 272
    Commonwealth, Appellant v. Smith a/k/a Ali.
    Argued June 10, 1980.
    Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellant; Leslie B. Potter, Assistant Public Defender, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Orders affirmed.

WICKERSHAM, J., dissented.


text:
    435 A.2d 273
    Commonwealth v. Stewart, Appellant.
    Submitted December 5, 1980.
    Arthur G. Girton, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The appeal is hereby quashed.


text:
    435 A.2d 273
    Commonwealth v. Taylor, Appellant.
    Argued December 2, 1980.
    Robert S. Robbins, for appellant; Kenneth Gallant, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    435 A.2d 273
    Commonwealth v. Williams, A., Appellant.

      Argued December 1, 1980.
    William P. Fedullo, for appellant; Eric I. B. Beller, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    435 A.2d 273
    Commonwealth v. Williams, R., Appellant.
    Petition for Allowance of Appeal Denied Sept. 15, 1981.
    Argued January 21, 1981.
    William P. James, for appellant; Michele A. Goldfarb, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence is affirmed.


text:
    435 A.2d 274
    Commonwealth ex rel. Garvin v. Morris, Appellant.
    Argued December 4, 1980.

      Drew Salaman, for appellant; Nancy D. Wasser, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.

BROSKY, J., filed a memorandum concurring opinion.

SPAETH, J., filed a memorandum dissenting opinion.


text:
    435 A.2d 274
    Hollis v. Hollis, Appellant.
    Petition for Allowance of Appeal Denied Aug. 26, 1981.
    Argued December 4, 1980.
    Jay A. Hurvitz, for appellant; Norman Perlberger, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Our independent review of this record leads us to the same conclusions as reached by the lower court: That the wife committed such indignities to the person of her husband as to make his life burdensome, and his conditions intolerable, entitling him to a divorce A. V. M.

Decree affirmed.


text:
    435 A.2d 274
    Karwowski, Appellant, v. Karwowski.
    Argued March 20, 1980.
    O. Randolph Bragg, for appellant; Peter F. Karwowski, did not file a brief on behalf of appellee, in propria persona.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed. Having made an independent study of the entire record, we are of the opinion that the court below properly refused to grant a decree in divorce in this case.

WATKINS, J., dissented.


text:
    435 A.2d 275
    Klein v. Subaru of America Inc., et al. Appeal of Subaru of America, Inc.
    Argued March 18, 1980.
    Ronald H. Isenberg, for appellant; William T. Cannon, for appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment affirmed on the opinion of the court en banc below.

LIPEZ, J. filed a concurring and dissenting memorandum statement.


text:
    435 A.2d 906
    Manor Real Estate Co., Appellant v. Rosedale Tech. etc.
    Reargument Denied Oct. 9, 1981.
    Argued November 12, 1980.
    Samuel Avins, for appellant; Charles Kirshener, for appellee.
    Before CAVANAUGH, WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 275
    Sawin v. Sawin, Jr., Appellant.
    Submitted December 5, 1980.
    Robert I. Whitelaw, for appellant; Arthur L. Jenkins, for appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The order of the court below is hereby affirmed on the comprehensive opinion of the Honorable Richard S. Lowe, President Judge, Court of Common Pleas, Montgomery County.

DiSALLE, J., filed a memorandum concurring statement.


text:
    435 A.2d 275
    Transport Pool Inc., Appellant v. Pittsburgh etc.
    Argued June 11, 1980.
    Michael J. Pepe, Jr., for appellant; Alfred Sarowitz, for appellees.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    June 5, 1981.
    435 A.2d 635
    Bosak et al. v. Guzek, Appellant.
    Petition for Allowance of Appeal Denied Sept. 14, 1981.
    Submitted December 5, 1980.
    Joseph P. Kane, for appellant; Joseph Wassell, for appellees.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Order affirmed.


text:
    435 A.2d 635
    Buscio et ux., Appellants v. Philadelphia Acceptance Corp. Philadelphia Acceptance Corp. v. Buscio, Ind. t/a Lou’s Pizza, et ux., Appellants.
    Petition for Allowance of Appeal Denied Sept. 30, 1981.

      Argued June 10, 1980.
    Edward J. Morris, for appellants; Martin N. Ghen, for appellee.
    Before BROSKY, HOFFMAN and CIRILLO, JJ.

       Judge Vincent A. Cirillo, of the Court of Common Pleas of Montgomery County, Pennsylvania is sitting by designation.

   Orders affirmed.


text:
    435 A.2d 635
    Casciano, Appellant v. Casciano.
    Argued February 18, 1981.
    Henry S. Perkin, for appellant; F. P. Kimberly McFadden, for appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   The order of September 22, 1980 is affirmed on the comprehensive opinion of the Honorable Robert A. Freed-berg, Judge of the Court of Common Pleas of Northampton County.


text:
    435 A.2d 636
    Commonwealth v. Anderson, Appellant.

      Submitted April 16, 1980.
    John F. Salopek, for appellant; John L. Brown, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 636
    Commonwealth v. Boone, Appellant.
    Argued December 4, 1980.
    Athena M. Dooley, for appellant; Garold Tennis, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 636
    Commonwealth v. Christopher, Appellant.
    Argued September 11, 1980.
    William J. Hongig, for appellant; Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 637
    Commonwealth v. Delgado, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence is affirmed.


text:
    435 A.2d 637
    Commonwealth v. Devine, Appellant.
    Submitted September 11, 1980.
    Nino V. Tinari, for appellant; Jonathan Schiffman, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 637
    Commonwealth v. Forsyth, Appellant.
    Petition for Allowance of Appeal Denied Nov. 19, 1981.
    Argued June 11, 1980.
    Donald Faulkner, for appellant; Martin A. Flayhart, District Attorney, will not file a brief on behalf of Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 637
    Commonwealth v. Govan, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 638
    Commonwealth v. Henderson, Appellant.
    Petition for Allowance of Appeal Denied Sept. 4, 1981.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 638
    Commonwealth v. Kessler, Appellant.
    Submitted September 11, 1980.
    Thomas A. Natishyn, for appellant; Linda W. Miller, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   The judgment of the lower court is affirmed.

CAVANAUGH, J., filed a memorandum concurring opinion.


text:
    435 A.2d 638
    Commonwealth v. Lomax, Appellant.
    Submitted December 5, 1980.
    Elaine De Masse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Appeal from the order entered January 24, 1980 is affirmed.


text:
    435 A.2d 639
    Commonwealth v. McIntosh, Appellant.
    Submitted September 11, 1980.
    John G. McDougall, for appellant; Thomas Regan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.

BROSKY, J., filed a memorandum dissenting opinion.


text:
    435 A.2d 639
    Commonwealth v. Rawls, Appellant.
    Submitted December 5, 1980.
    Elaine De Masse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered February 8, 1980 is affirmed.

POPOVICH, J., dissented.


text:
    435 A.2d 639
    Commonwealth v. Rose, Appellant.
    Submitted December 5, 1980.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence is affirmed on the comprehensive opinion of Judge Mason Avrigian of Montgomery County.


text:
    435 A.2d 640
    Commonwealth v. Smith, Appellant.
    Submitted September 11, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 640
    Commonwealth v. Stevenson, Appellant.
    Submitted December 5, 1980.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence is affirmed on the comprehensive opinion of President Judge Richard S. Lowe of Montgomery County.


text:
    435 A.2d 640
    Commonwealth ex rel., Brody v. Brody, Appellant.
    Submitted December 5, 1980.
    Eric J. Cox, for appellant; Paul C. Vangrossi, for appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The order of the court below is hereby affirmed on the able and comprehensive opinion of the Honorable Samuel W. Salus, II, of the Montgomery County Court of Common Pleas.


text:
    435 A.2d 640
    French, Appellant v. French.
    Argued December 6, 1979.
    George P. Noel, for appellant; Joseph W. Kauffman, submitted a brief on behalf of appellee.
    Before SPAETH, CAVANAUGH and O’KICKI, JJ.

       President Judge Joseph F. O’Kicki of the Court of Common Pleas of Cambria County, Pennsylvania, is sitting by designation.

   Order affirmed.


text:
    435 A.2d 641
    Housing, Authority of the Cty. of Huntingdon v. Helton, et ux., Appellants.
    Argued June 9, 1980.
    Charles A. Bierbach, for appellants; Lawrence L. Newton, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    435 A.2d 641
    Scogna v. Scogna, Appellant.
    Argued June 12, 1980.
    Gary M. Gusoff, for appellant; Kevin H. Wright, for appellee.
    Before WICKERSHAM, WATKINS and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 641
    Unit Vending Corp. v. Lafayette Sports GDN. Appeal of William Fusselbaugh & Allan Weir.
    Argued June 10, 1980.
    Joseph F. Lawliss, Jr., for appellants; Julian C. Wessell, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.

WICKERSHAM, J., concurred in the result.


text:
    435 A.2d 642
    Westinghouse Electric Corp. v. Quaker City Dev., Appellant.
    Argued September 8, 1980.
    Albert Ring, for appellant; Joseph W. Lonergan, for appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Decree affirmed.


text:
    June 12, 1981.
    435 A.2d 642
    Burger, Appellant v. Durant.
    Submitted February 9, 1981.
    Wayne A. Bradley, for appellant; Robert S. Whitehill, for appellee.
    Before BROSKY, DiSALLE and SHERTZ, JJ.
   Order affirmed.


text:
    435 A.2d 642
    Commonwealth v. Barnes, Appellant.
    Submitted March 4, 1981.
    Richard E. Johnson, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 642
    Commonwealth v. Blair, Appellant.
    Petition for Allowance of Appeal Denied Sept. 29, 1981.
    Argued November 11, 1980.
    Gary F. Selway, for appellant; Gregory A. Olson, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 643
    Commonwealth v. Davis, Appellant.
    Petition for Allowance of Appeal Denied Sept. 23, 1981.
    Argued January 26, 1981.
    Lawrence S. Rosenwald, for appellant; Alan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   Judgment of sentence, dated April 9, 1979 is affirmed.

CAVANAUGH, J., concurred in the result.


text:
    435 A.2d 643
    Commonwealth v. Floyd, Appellant.
    Submitted September 11, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   The judgment of sentence is hereby affirmed.


text:
    435 A.2d 643
    Commonwealth v. Godick, Appellant.
    Argued December 1, 1980.
    Michael A. Paul, for appellant; Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 644
    Commonwealth v. Hibarrone, Appellant.
    Petition for Allowance of Appeal Denied Jan. 28, 1982.

      Argued March 18, 1980.
    Leslie J. Carson, Jr., for appellant; Cynthia H. Severinsen, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

LIPEZ, J., filed a memorandum concurring and dissenting statement.


text:
    435 A.2d 644
    Commonwealth v. Honeyblue, Appellant.
    Submitted December 5, 1980.
    Nicholas A. Clemente, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 644
    Commonwealth v. Jackson, Appellant.

      Submitted April 16, 1980.
    John H. Corbett, Jr., for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 644
    Commonwealth v. Long, Appellant.
    Submitted March 4, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 645
    Commonwealth, Appellant, v. Miceli. Commonwealth v. Miceli, Appellant.

      Argued June 11, 1980.
    Daniel F. Ryan, III, Assistant District Attorney, for appellant (at No. 2634) and appellee (at No. 19); Norman M. Abrams, for appellant (at No. 19) and appellee (at No. 2634).
    Before BROSKY, HOFFMAN and CIRILLO, JJ.

       Judge Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania is sitting by designation.

   Order affirmed.


text:
    435 A.2d 645
    Commonwealth v. Miller, Appellant.
    Submitted April 16, 1980.
    William C. Kaczynski, for appellant; William G. Martin, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 645
    Commonwealth v. Murray, Appellant.

      Submitted March 21, 1980.
    Joseph T. Simon, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 646
    Commonwealth v. Strickler, Appellant. Commonwealth v. Strickler, III, Appellant.
    Petition for Allowance of Appeal Denied March 2, 1982.
    Submitted February 10, 1981.
    James Irwin, for appellants; Patrick Mahady, Assistant District Attorney,'for Commonwealth, appellee.
    Before BROSKY, DiSALLE and SHERTZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 646
    Commonwealth v. Williams, Appellant.

      Submitted November 11, 1980.
    David G. Metinko, for appellant; Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 646
    Commonwealth v. Wright, Appellant.
    Submitted December 5, 1980.
    Elaine De Masse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Adjudication of delinquency affirmed.


text:
    435 A.2d 647
    Conaway et ux. v. Fike, etc., et al., Appellant.
    Argued November 11, 1980.
    Wayne H. Port, for appellant; Herman C. Kimpel, for Conaway, appellees; Charles C. Gentile, for Home Insurance Company, appellee.

      Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 647
    Culver v. Costello, Appellant.
    Argued March 31, 1981.
    Charles S. Silver, for appellant; Pamela Fisher, for appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   Order of September 4, 1980 is affirmed.


text:
    435 A.2d 647
    DeMatto, etc., Appellants, v. Miller, etc., et al. Miller, etc., Appellant, v. Bell Telephone Co., et al.
    Argued March 19, 1980.
    Mark D. Turetsky, for appellants; Steven E. Speece, for Miller, appellee (at No. 1900); Harry F. Withstandley, for Bell, appellee (at Nos. 1900 and 1901); Sherwood L. Yergey, will not file a brief on behalf of Pottsgrove Township, et al., appellees (at Nos. 1900 and 1901); John O’Rourke, for Shaner, et al., appellees (at No. 1900); William B. Koch, for Rosendale, appellee (at Nos. 1900 and 1901).

      Before PRICE, CAVANAUGH and WATKINS, JJ.
   The order entered August 28, 1979 is affirmed.


text:
    435 A.2d 647
    Diamond v. Diamond, Appellant.
    Argued March 30, 1981.
    Robert A. Rovner, for appellant; Frank L. Newburger, III, for appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The order entered November 18, 1980 is affirmed on the comprehensive opinion of Judge Rufe. Having made an independent study of the entire record, we are of the opinion that the court below properly granted Appellee’s request for annulment.


text:
    435 A.2d 648
    Greer, Appellant, v. Wyandotte Industries Corp., et al.
    Argued December 5, 1980.
    Lawrence Hannaway, for appellant; James C. Haggerty, for Wyandotte, appellee; Thomas B. Greir, did not file a brief on behalf of Wheller, appellee; John Patrick Kelley, did not file a brief on behalf of Sargent’s, appellee.

      Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 648
    Hughes, Appellant, v. Phoenix Mutual Life Insurance Co.
    Argued April 16, 1980.
    Charles M. Schwartz, for appellant; Alexander Black, for appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 648
    Kashnicki v. Kashnicki, Appellant.
    Submitted February 25, 1981.
    Kimberly D. Borland, for appellant; John A. Bednarz, Jr., for appellee.
    Before SPAETH, JOHNSON and WIEAND, JJ.
   Order of August 29, 1980, is affirmed.


text:
    435 A.2d 649
    Kauffman v. Kauffman, Appellant.
    Submitted March 6, 1980.
    Michael Johnston, for appellant; Lester H. Zimmerman, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 649
    Kelly v. Kelly, Appellant.
    Argued June 12, 1980.
    Frank B. Tracy, for appellant; Homer L. Lippard, for Commonwealth, appellee.
    Before WICKERSHAM, WATKINS and LIPEZ, JJ.
   Order of the lower court affirmed.


text:
    435 A.2d 649
    Russo v. Russo, Appellant.

      Submitted September 11, 1980.
    Barry Ballow, for appellant; Peter M. Hileman, Assistant District Attorney, for appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 649
    Shick v. Shick, Jr., Appellant.
    Submitted April 14, 1981.
    George Shorall, for appellant; Dominick Motto, for appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Decree affirmed. Having made an independent study of the entire record, we are of the opinion that the court below properly granted a decree in divorce in this case.


text:
    435 A.2d 650
    Short v. Short, Jr., Appellant.
    Argued March 20, 1980.
    David F. Wedge, for appellant; David E. Greer, for appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 650
    Webb, et vir., Appellants, v. Charley Bros. Co., etc.
    Argued November 12, 1980.
    E. J. Julian, for appellants; William D. Phillips, for appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Appeal quashed.


text:
    June 19, 1981.
    435 A.2d 650
    Bernard, Appellant, v. Bernard.
    Reargument Denied September 8, 1981.
    Argued September 8, 1980.
    Lewis A. Walder, for appellant; Joseph R. Siegert, for appellee.
    Before WICKERSHAM, VAN der VOORT and LIPEZ, JJ.
   The order vacating the decree of divorce is affirmed.

The order awarding counsel fees is affirmed.


text:
    435 A.2d 650
    Commonwealth v. Annonio, Appellant.
    Submitted April 16, 1980.
    Leslie J. Mlakar, for appellant; Patrick H. Mahady, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 651
    Commonwealth v. Reginald Bard a/k/a Reggie Bard, Appellant.
    Submitted December 2, 1980.
    Irvin J. Kopf, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is hereby affirmed.


text:
    435 A.2d 651
    Commonwealth v. Blackshear, Appellant.
    Petition for Allowance of Appeal Denied Nov. 10, 1981.
    Submitted December 5, 1980.
    Elaine DeMasse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 651
    Commonwealth v. Brazel, Appellant.
    Petition for Allowance of Appeal Denied Oct. 2, 1981.
    Argued April, 15, 1980.
    Timothy R. Bonner, for appellant; Harry A. Penich, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 652
    Commonwealth v. Brown, Appellant.
    Submitted March 6, 1980.
    George Gershenfeld, for appellant; John C. Uhler, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.

CERCONE, P. J., concurred in the result.


text:
    435 A.2d 652
    Commonwealth v. Byrd, Appellant.
    Submitted March 6, 1980.
    Bruce D. Foreman, for appellant; Marion E. MacIntyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.

CERCONE, P. J., filed a memorandum dissenting opinion.


text:
    435 A.2d 652
    Commonwealth v. Corley, Jr., Appellant.
    Submitted June 13, 1980.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 652
    Commonwealth v. Cosgrove, Appellant.
    Petition for Allowance of Appeal Denied Nov. 6, 1981.
    Argued March 20, 1980.
    William R. Bernhart, for appellant; J. Michael Morrissey, District Attorney, did not file a brief on behalf of Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence is affirmed.


text:
    435 A.2d 653
    Commonwealth v. Daub, Appellant.
    Submitted March 21, 1980.
    Robert E. Giering, for appellant; J. Michael Morrissey, District Attorney, did not file a brief on behalf of Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 653
    Commonwealth v. Feil, Appellant.
    Submitted April 16, 1980.
    John J. Morgan, for appellant; Robert F. Hawk, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court is affirmed.


text:
    435 A.2d 653
    Commonwealth v. Fishel, Appellant.

      Submitted March 6, 1980.
    Marilyn C. Zilli, Assistant Public Defender, for appellant; Marion E. Mac Intyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 654
    Commonwealth v. Glessner, Appellant.
    Petition for Allowance of Appeal Denied Nov. 17, 1981.
    Argued June 9, 1980.
    William J. Honig, for appellant; Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 654
    Commonwealth v. Greene, Appellant.
    Petition for Allowance of Appeal Denied April 2, 1982.

      Submitted April 16, 1980.
    Norman A. Levine, for appellant; Donald E. Williams, District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 654
    Commonwealth v. Losinger, Appellant.
    Submitted December 5, 1980.
    Kevin H. Way, Assistant Public Defender, for appellant; William S. Kieser, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The order of the lower court is affirmed on the opinion of Judge Thomas C. Raup of Lycoming County.


text:
    435 A.2d 654
    Commonwealth v. Lyons, Appellant.
    Argued September 9, 1980.
    Robert J. O’Shea, Jr., Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.

      Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 655
    Commonwealth v. Lyons, Sr., Appellant.
    Submitted March 21, 1980.
    Emil W. Kantra, II, for appellant; William H. Platt, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 655
    Commonwealth v. Meighan, Appellant.
    Argued September 10, 1980.
    David S. Dessen, for appellant; Mark S. Gurevitz, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order and judgment of sentence is hereby affirmed.


text:
    435 A.2d 655
    Commonwealth v. O’Brien, Appellant.
    Submitted March 6, 1980.
    John M. Glace, Assistant Public Defender, for appellant; Marion E. Mac Intyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 656
    Commonwealth v. Patrick, Appellant.
    Submitted March 21, 1980.
    Robert F. Pappano, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 656
    Commonwealth v. Petrovic, Appellant.
    Petition for Allowance of Appeal Denied Jan. 18, 1982.

      Submitted March 6, 1980.
    Anthony S. Federico, Jr., for appellant; Marion E. Mac Intyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 656
    Commonwealth v. Pratt, Appellant.
    Petition for Allowance of Appeal Denied Sept. 28, 1981.
    Argued December 1, 1980.
    Michael H. Van Buskirk, for appellant; Paul S. Diamond, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Judgment of sentence affirmed.

BROSKY, J., filed a memorandum dissenting opinion.


text:
    435 A.2d 656
    Commonwealth v. Reffner, Appellant.

      Argued November 10, 1980.
    Norman D. Callan, for appellant; Charles P. Wasovich, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 657
    Commonwealth v. Sanders, Appellant.
    Submitted March 21, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence is affirmed.


text:
    435 A.2d 657
    Commonwealth v. Stevens, Appellant.
    Submitted September 11, 1980.
    Timothy J. Savage, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.

      Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 657
    Feingold, Appellant v. Reserve Insurance, Co.
    Argued December 4, 1980.
    Allen Feingold, appellant, in propria persona; Joseph M. Hankins, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 657
    Harris Olds, Inc. v. Malin, Appellant.
    Submitted June 29, 1979.
    Michael H. Malin, appellant, in propria persona; Douglass Kissell, for appellee.
    Before HESTER, HOFFMAN and CATANIA, JJ.

       President Judge Francis J. Catania, of the Court of Common Pleas of Delaware County, Pennsylvania is sitting by designation.

   Order affirmed.


text:
    435 A.2d 658
    Hollock et al. v. Durkin et al. Appeal of George Gregory, Jr. & Cora Gregory, his wife.
    Argued March 18, 1980.
    Kenneth C. Maraño, for appellants; Allan P. Ramsay, Jr., for appellees.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.

CAVANAUGH, J., concurred in the result.


text:
    435 A.2d 658
    Philadelphia Electric, Co., v. Zuzulock et al. Appeal of John J. Zuzulock.
    Argued December 2, 1980.
    Patrick 0. McDonald, for appellant; Arlene D. Fisk, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 658
    Sclocchini, Appellant v. Sclocchini.

      Argued December 4, 1979.
    William T. Luskus, for appellant; Karen J. Pholeric, for appellee.
    Before SPAETH, CAVANAUGH and O’KICKI, JJ.

       President Judge Joseph F. O’Kicki, of the Court of Common Pleas of Cambria County, Pennsylvania, is sitting by designation.

   The order of the court below is affirmed.


text:
    435 A.2d 659
    Weishner et al., Appellants, v. Washington Cnty. Golf, etc.
    Argued April 16, 1980.
    Dennis J. Stefanik, for appellants; George B. Stegenga, for appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Order affirmed.

MONTGOMERY, J., filed a memorandum dissenting statement.


text:
    June 26, 1981.
    435 A.2d 659
    Commonwealth v. Brandon, Appellant.

      Submitted June 13, 1980.
    Joseph W. Mullin, Public Defender, for appellant; Stewart L. Kurtz, District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 659
    Commonwealth v. Burton, Appellant.
    Submitted June 13, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 660
    Commonwealth v. Gajewski, Appellant.
    Argued January 28, 1981.

      293 Pa.Sup.CtReports—22

      James P. Geoghegan, for appellant; James Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   The order dated March 25,1980 is affirmed on the comprehensive opinion of Judge Smillie.


text:
    435 A.2d 660
    Commonwealth v. Gibas, Appellant.
    Submitted June 13, 1980.
    Joseph P. Semasek, Public Defender, for appellant; Richard B. Russell, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., concurred in the result.


text:
    435 A.2d 660
    Commonwealth v. Guzy, Appellant.

      Argued September 10, 1980.
    Edmund J. Scacchitti, for appellant; Sandra Sernak, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 660
    Commonwealth v. Hilton, Appellant.
    Argued December 1, 1980.
    Susan A. Flynn, Assistant Public Defender, for appellant; Michael S. Goodwin, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 661
    Commonwealth v. Kuhn, III, Appellant.

      Submitted March 6, 1980.
    Allen E. Hench, for appellant; C. Joseph Rehkamp, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P.J., and WATKINS and MONTGOMERY, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    435 A.2d 661
    Commonwealth v. Miller, Appellant.
    Submitted March 6, 1980.
    Marilyn C. Zilli, Assistant Public Defender, for appellant; Marion E. Mac Intyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    435 A.2d 661
    Commonwealth v. Scheidler, Appellant.
    Argued December 1, 1980.
    Melvyn S. Mantz, for appellant; Michael G. Goodwin, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 662
    Commonwealth v. Shade, Appellant.
    Submitted September 11, 1980.
    Gary S. Fronheiser, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 662
    Commonwealth v. Smith, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 662
    Philadelphia Electric Co. v. Lisbon Contractors, Inc., Appellant.
    Argued April 22, 1981.
    George E. Rahn, Jr., for appellant; John J. Tinaglia, for appellee.
    Before WICKERSHAM, MONTEMURO and WATKINS, JJ.
   The order of the court below is affirmed on the very able opinion of the Honorable Isaac S. Garb of the Court of Common Pleas of Bucks County.