text:
    433 A.2d 138
    Commonwealth v. Jeskey, Appellant.

      Submitted November 14,1980.
    Joseph M. Budicak, for appellant; John L. Brown, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence is affirmed.


source: Caselaw Access Project

license: Public Domain

text:
    433 A.2d 138
    Commonwealth v. Kaminski, 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:
    433 A.2d 138
    Commonwealth v. Lowe, Appellant.

      Submitted November 14, 1980.
    Kevin A. Koss, for appellant; Francis C. Sichko, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The order of September 25, 1979 is affirmed.


text:
    433 A.2d 139
    Commonwealth v. Mason, Appellant.
    Submitted November 14, 1980.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Order of August 30, 1979 affirmed.


text:
    433 A.2d 139
    Commonwealth v. Swope, a/k/a Swoope, Appellant.

      Submitted November 14, 1980.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The order of August 1, 1978 denying PCHA relief is affirmed.


text:
    433 A.2d 139
    Commonwealth v. Whatley, Appellant.
    Submitted November 14, 1980.
    John P. Dohanich, for appellant; John L. Brown, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered September 26,1979 and the order of Court entered November 7, 1979 are affirmed.


text:
    433 A.2d 140
    Commonwealth v. Wiley, Appellant.
    Submitted November 14, 1980.
    James A. Stranahan, IV, for appellant; Charles S. Hersh, for Commonwealth, appellee.

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


text:
    433 A.2d 140
    Commonwealth v. Winstead, Appellant.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered August 14, 1979 is affirmed.


text:
    433 A.2d 140
    Commonwealth ex rel. Schultheis v. Schultheis, Appellant.
    Submitted November 14, 1980.
    Dante G. Bertani, for appellant; P. Louis DeRose, III, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Order entered August 9, 1979 is affirmed.


text:
    433 A.2d 140
    Hartman v. Hartman, Appellant.
    Submitted November 14, 1980.
    Harvey E. Schauffler, Jr., for appellant; J. Kerrington Lewis, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, 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:
    433 A.2d 141
    Homemakers Loan & Consumer District, Appellant v. Cole.
    Submitted November 14, 1980.
    Thomas J. Lyons, for Homemakers Ln. & Consumer Disct., appellants; James H. English, for Commercial Credit, participating party; Láveme M. Kovacs, for Thorp Consumer Disct. Co., participating party.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Order affirmed.


text:
    433 A.2d 141
    Suto, Appellant v. Baldwin, et ux.
    Argued April 14, 1980.
    Alan Frank, submitted a brief on behalf of appellant; Robert J. Amelio, for appellees.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    March 27, 1981.
    433 A.2d 141
    Commonwealth v. Gray, Appellant.
    Submitted November 14, 1980.
    Donald Calaiaro, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    April 3, 1981.
    433 A.2d 524
    Commonwealth v. Albury, Appellant.
    Submitted September 13, 1979.
    Darryl A. Irwin, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 524
    Commonwealth v. Alting, Appellant.
    Submitted June 13, 1980.
    Carol E. Haltrecht, Assistant Public Defender, for appellant; John E. White, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 524
    Commonwealth v. Blackburn, Appellant.
    Petition for Allowance of Appeal Denied July 17, 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:
    433 A.2d 525
    Commonwealth v. Boban, Appellant. Commonwealth v. McCutcheon, Appellant.
    Petition for Allowance of Appeal Denied July 24, 1981.
    Argued April 16, 1980.
    Vincent J. Morocco, for appellant (at No. 547); Dante G. Bertani, for appellant (at No. 582); James J. Conte, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgments of sentence affirmed.


text:
    433 A.2d 525
    Commonwealth v. Bowman, Appellant.
    Submitted March 6, 1980.
    Bruce D. Foreman, for appellant; Marion E. Mac Intyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The order of the lower court, denying relief under the Post Conviction Hearing Act, is hereby affirmed.


text:
    433 A.2d 525
    Commonwealth v. Brown, Appellant.
    Argued December 5, 1979.
    Marvin L. Wilenzik, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 525
    Commonwealth v. Christy, Jr., Appellant.
    Submitted November 14, 1980.
    Timothy R. Bonner, for appellant; Charles S. Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence is affirmed.


text:
    433 A.2d 526
    Commonwealth v. Cintron, Appellant.
    Submitted June 13,1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Ronald L. Buckwalter, 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 affirmed.


text:
    433 A.2d 526
    Commonwealth v. Davis, Appellant.
    Submitted March 6, 1980.
    H. Stanley Rebert, Public Defender, for appellant; Floyd P. Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 526
    Commonwealth v. Dixon, Appellant.
    Submitted June 13, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 527
    Commonwealth v. Donaldson, Appellant.
    Submitted June 13, 1980.
    Theodore H. Swan, Jr., for appellant; James A. Cunningham, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 527
    Commonwealth v. Halupke, Appellant.
    Argued September 8, 1980.
    Michael Basista, for appellant; Edward Little, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 527
    Commonwealth v. Heisler, Jr., 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:
    433 A.2d 527
    Commonwealth v. Hill, Appellant.
    Argued December 5, 1980.
    William T. Cannon, for appellant; Steven J. Cooperstein, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 528
    Commonwealth v. Hine, 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.
   Judgment of sentence affirmed.


text:
    433 A.2d 528
    Commonwealth v. Howard, Appellant.
    Argued March 12, 1980.
    John A. Mihalik, for appellant; Joseph P. Giovannini, Jr., Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 528
    Commonwealth v. James, etc., Appellant.
    Submitted November 14, 1980.
    Paulette J. Balogh, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.

      Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence is affirmed.


text:
    433 A.2d 529
    Commonwealth v. Jones, Appellant.
    Submitted March 6,1980.
    E. Franklin Martin, for appellant; John F. Nelson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 529
    Commonwealth v. King, Appellant.
    Submitted March 21, 1980. Dante
    Mattioni, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    433 A.2d 529
    Commonwealth v. Leatherbury, Appellant.
    Submitted June 13, 1980.
    Timothy A. Crawford, Jr., for appellant; Eric B. Henson, Assistant 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:
    433 A.2d 529
    Commonwealth v. Lewis, Appellant.
    Submitted November 14, 1980.
    Paulette J. Balogh, for appellant; Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 530
    Commonwealth v. Livingston, Appellant.
    Argued November 11, 1980.
    Vincent C. Murovich, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   The judgment of sentence is affirmed.


text:
    433 A.2d 530
    Commonwealth v. Lockwitch, Appellant.
    Submitted March 21,1980.
    Michael R. Muth, Assistant Public Defender, for appellant; James F. Marsh, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 530
    Commonwealth v. Lucidonio, Appellant.

      Submitted March 21, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Ronald L. Buckwalter, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 531
    Commonwealth v. Mateo a/k/a Rordan, Appellant.
    Submitted December 5, 1980.
    John J. Gallagher, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Order affirmed.


text:
    433 A.2d 531
    Commonwealth v. Matthews, etc., Appellant.

      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:
    433 A.2d 531
    Commonwealth v. Norton, Jr., Appellant.
    Argued March 12, 1980.
    Joseph J. Papandrea, for appellant; Edward J. Zetusky, Jr., Assistant City Solicitor, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 531
    Commonwealth v. Ortiz, Appellant.
    Submitted June 13, 1980.
    John A. Goldstan, for appellant; J. Michael Morrissey, District Attorney, for Commonwealth, appellee.

      Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    433 A.2d 532
    Commonwealth v. Palm, Sr., Appellant.
    Submitted April 16, 1980.
    Gary R. Fine, for appellant; Donetta W. Ambrose, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    433 A.2d 532
    Commonwealth v. Passaro, Appellant.
    Petition for Allowance of Appeal Aug. 3, 1981.
    Submitted June 13, 1980.
    Gary A. Delafield, Public Defender, for appellant; David E. Grine, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 532
    Commonwealth v. Phillips, Appellant.
    Submitted December 6, 1979.
    Gary S. Fronheiser, Assistant Public Defender, for appellant; J. Michael Morrissey, District Attorney, for Commonwealth, appellee.
    Before BROSKY, WICKERSHAM and ROBERTS, JJ.

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

   Judgment of sentence is affirmed.

BROSKY, J., filed a memorandum dissenting opinion.


text:
    433 A.2d 533
    Commonwealth v. Reid, Appellant.
    Submitted March 21,1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Ronald L. Buckwalter, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 533
    Commonwealth v. Reider, Appellant.
    Submitted June 13, 1980.
    Ronald E. Johnson, Assistant Public Defender, for appellant; J. Michael Eakin, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    433 A.2d 533
    Commonwealth v. Ross, Appellant.
    Submitted March 20, 1978.
    Joseph F. Sklarosky, Assistant Public Defender, for appellant; Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.
    Before JACOBS, P. J., and CERCONE, HOFFMAN, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.
   Order affirmed.

CERCONE and SPAETH, JJ., concurred in the result.

JACOBS, former P. J., did not participate in the consideration or decision of this case.


text:
    433 A.2d 533
    Commonwealth v. Rubright, Appellant.
    Submitted September 11, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 534
    Commonwealth v. Smith, Appellant.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The order of the court below denying post conviction relief is affirmed.


text:
    433 A.2d 534
    Commonwealth v. Smith, Appellant.
    Submitted March 6, 1980.
    Raymond R. Smith, for appellant; Michael E. Bortner, submitted a brief on behalf of Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 534
    Commonwealth v. Souchet, Appellant.
    Submitted March 11, 1980.
    David H. Kubert, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ. Judgment affirmed.


text:
    433 A.2d 535
    Commonwealth v. Spangler. Appeal of Harry Charles Spangler.
    Petition for Allowance of Appeal Granted Aug. 26, 1981.

      Argued March 6, 1980.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Affirmed on the lower court opinion of Honorable Albert G. Blakey, III.

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


text:
    433 A.2d 535
    Commonwealth v. Stackhouse, Appellant.
    Submitted March 6, 1980.
    Robert N. Tarman, Chief Public Defender, for appellant; Marion E. MacIntyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 535
    Commonwealth v. Stevens, Appellant.
    Submitted September 13,1979.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 535
    Commonwealth v. Stonestreet, Appellant.
    Submitted December 6, 1979.
    Thomas Munley, Assistant Public Defender, for appellant; Ernest D. Preate, Jr., District Attorney, for Commonwealth, appellee.
    Before BROSKY, WICKERSHAM and ROBERTS, JJ.

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

   Judgment of sentence affirmed.


text:
    433 A.2d 536
    Commonwealth v. Wagner, Appellant.
    Petition for Allowance of Appeal Denied July 20, 1981.
    Argued November 11, 1980.
    John J. Morgan, for appellant; William M. Kern, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 536
    Commonwealth v. Wilkes, Appellant.
    Submitted September 11, 1980.
    Barry H. Oxenburg, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    433 A.2d 536
    Commonwealth v. Williams, Appellant.

      Submitted September 13, 1979.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 537
    Commonwealth v. Wilmer, Appellant.
    Submitted September 11, 1980.
    Michael R. Muth, for appellant; Linda W. Miller, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Appeal dismissed as moot.


text:
    433 A.2d 537
    Commonwealth ex rel. Sweatlock v. Strzelecki. In re Involuntary termination of parental rights of Donna Sweatlock and Paul A. Douglas. Appeal of James C. Strzelecki and Barbara Strzelecki.
    Petition for Allowance of Appeal Denied Aug. 3, 1981.
    Reargument and/or Reconsideration Denied July 10, 1981.

      Argued January 21, 1981.
    Joyce Ullman, for appellants; James Lubarsky, for appellees; Carl Longebach, for Adoptee Guardian Ad Litem, Participating Party.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   The order of the Court of Common Pleas of Northampton County dated December 12, 1980, which awards custody to the natural mother is affirmed.

DiSALLE, J., filed a memorandum dissenting statement.


text:
    433 A.2d 537
    Commonwealth ex rel. Walters v. Walters. Appeal of Lois J. Walters.
    Argued December 4, 1979.
    Ronald J. Karasek, for appellant; Dennis A. De Esch, for appellee.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    433 A.2d 537
    Gloria DaCosta et al., Appellants v. Herman Corbett et al.

      Argued September 9, 1980.
    Allen L. Feingold, for appellant; Frederick T. Lachat, Jr., for appellees.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Appeal quashed.


text:
    433 A.2d 538
    DeLuca, Appellant v. Kingsway Tavern Inc., etc.
    Petition for Allowance of Appeal Denied Sept. 23, 1981.
    Argued December 1, 1980.
    Michael A. Paul, for appellant; Edward M. Foley, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.

PRICE, J., filed a memorandum dissenting statement.


text:
    433 A.2d 538
    Filipkowski v. Ritter, Appellant.
    Submitted September 13, 1979.
    John P. Campana, for appellant; Richard H. Roesgen, for appellee.
    Before CERCONE, P. J., and WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    433 A.2d 538
    Filipkowski v. Ritter, Appellant.
    Submitted September 13, 1979.
    John P. Campana, for appellant; Richard Roesgen, for appellee.
    Before CERCONE, P. J., and WATKINS and HOFFMAN, JJ.
   Order affirmed.

HOFFMAN, J., filed a memorandum dissenting statement.


text:
    433 A.2d 538
    First Valley Bank v. Steinmann et al., Appellants.
    Petition for Allowance of Appeal Denied Sept. 14, 1981.
    Argued December 4, 1979.
    Alice P. Steinmann, appellant, in propria persona; Bruce B. Steinmann, appellant, in propria persona; George A. Hahalis, submitted a brief on behalf of appellee.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    433 A.2d 539
    Friend et ux., Appellants v. Pep Boys et al. Appeal of the Pep Boys.
    Reargument Denied June 12, 1981.
    Petition for Allowance of Appeal Denied Sept. 23, 1981.
    Argued September 10, 1980.
    Charles W. Craven, for appellants (at Nos. 2492 and 130) and for appellees (at No. 131); Richard I. Torpey, for Friend, appellant (at No. 131) and appellee (at Nos. 2492 and 130); John W. Frazier, for Joubert, appellee; and Judith B. Reap, submitted a brief on behalf of Levin’s, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Orders affirmed.

WICKERSHAM, J., filed a memorandum dissenting statement.


text:
    433 A.2d 539
    Hewes, Appellant v. Hoy.
    Argued September 8, 1980.
    Maureen E. Hogan, for appellant; John T. Pfeiffer, for appellee.

      Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 539
    Joyce, Appellant v. Mitropoulos.
    Argued September 9, 1980.
    Allen L. Feingold, for appellant; Daniel Mazymuik, for appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Appeal quashed.


text:
    433 A.2d 540
    Konrad et al., Appellants v. Wynn et al.
    Argued December 1, 1980.
    Avram G. Adler, for appellants; Robert N. Speare, for Wynn, appellee; Andrew J. Forbes, for Ridley Sch. Dist., appellee; William Lincke, for Ridley Township, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed on the opinion of the court below.

PRICE, J., concurred in the result.


text:
    433 A.2d 540
    Lankenau Hospital v. Smith et al., Appellants.
    Argued June 11, 1980.
    Joseph Mellace, for appellant; no appearance entered nor briefs submitted 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.

   Appeal quashed.


text:
    433 A.2d 540
    Morelli, Appellant v. Morelli.
    Petition for Allowance of Appeal Denied Sept. 15, 1981.
    Argued June 10,1980.
    William J. McDevitt, for appellant; Joseph I. Diamond, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.

CAVANAUGH, J., concurred in the result.

HESTER, J., filed a memorandum dissenting statement.


text:
    433 A.2d 540
    Seltzer v. Seltzer, Appellant.
    Petition for Allowance of Appeal Denied Aug. 3, 1981.
    Argued March 11, 1980.
    Michael L^Ozalas, for appellant; C. Steven Miller, for appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    433 A.2d 541
    Sussman Remodeling Co. v. Magyar et ux., Appellants.
    Submitted November 14, 1980.
    Richard C. Derenzo, for appellants; Ira R. Mazer, for appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   We are unable to reach the merits of this appeal because judgment on the verdict has not been entered in this case. Lynch v. Metropolitan Life Ins. Co., 422 Pa. 488, 222 A.2d 925 (1966); Slaseman v. Myers, 285 Pa.Super. 167, 427 A.2d 165 (1978).

Appeal quashed.


text:
    433 A.2d 541
    Trageser, Appellant v. Bonzer etc.
    Argued November 11, 1980.
    Robert H. Somerton, for appellant; Jan C. Swensen, for appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   The judgment of the lower court is affirmed.


text:
    April 10, 1981.
    433 A.2d 541
    Allen v. Blagbrough, Appellant.
    Argued January 19, 1981.
    Richard L. Raymond, for appellant; William A. Pistone, for appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   The order of the court below is affirmed.


text:
    433 A.2d 541
    Black v. Mitchell. Appeal of Lester J. Mitchell, Shirley A. Mitchell and Mark Mitchell.

      Argued September 10, 1980.
    Joseph W. Mullin, for appellants; Charles B. Swigart, for appellees.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 542
    Brown, etc., Appellant v. Scoles.
    Petition for Allowance of Appeal Denied July 21, 1981.
    Argued December 1, 1980.
    John P. Yatsko, for appellant; John O’Rourke, submitted a brief on behalf of appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    433 A.2d 542
    Commonwealth v. Bundridge, Appellant.
    Petition for Allowance of Appeal Denied July 17, 1981.
    Submitted November 14, 1980.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Order affirmed.


text:
    433 A.2d 542
    Commonwealth v. Clark, Appellant.
    Submitted November 14, 1980.
    John M. Leonard, for appellant; David B. Wasson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 542
    Commonwealth v. Cohen, Appellant.
    Submitted September 11, 1980.
    Stephen C. Hurvitz, for appellant; Allan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Affirmed on the able opinion of Judge Durham of the lower court.


text:
    433 A.2d 543
    Commonwealth v. Montgomery, Appellant.
    Petition for Allowance of Appeal Denied July 24, 1981.

      Submitted November 14, 1980. David
    G. Metinko, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence is affirmed.


text:
    433 A.2d 543
    Commonwealth v. Nix, Appellant.
    Submitted June 13, 1980.
    Roy H. Davis, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 543
    Commonwealth v. Norwood, Appellant.
    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.

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


text:
    433 A.2d 544
    Commonwealth v. Paige, Appellant.
    Submitted June 13, 1980.
    Harris T. Bock, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Orders of the court below affirmed.


text:
    433 A.2d 544
    Commonwealth v. Previte, Appellant.
    Petition for Allowance of Appeal Denied July 17, 1981.

      Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 544
    Commonwealth v. White, Jr., Appellant.
    Submitted June 13,1980.
    Gary Neil Asteak, Assistant Public Defender, for appellant; Donald B. Corriere, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 544
    Conard et al., Appellants v. Quakertown Hospital et al.
    Argued September 9, 1980.
    Ester Hornik, for appellants; Frederick E. Smith, for Quakertown Hospital, appellee; Allan Molotsky, for Eicher and Shoemaker, appellees.

      Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 545
    Feloman, Appellant v. Price, etc., et al.
    Argued December 4, 1979.
    Robert A. Rovner, for appellant; Jerome J. Verlin, for appellees.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   Decree affirmed.


text:
    433 A.2d 545
    George et al., Appellants v. Gephart et al. Khalil et al., Appellants v. Gephart et al.
    Petition for Allowance of Appeal Denied July 24, 1981.
    Argued November 12, 1979.
    John W. Jordan, IV for appellants; James F. Manley, for Bituminous Cas. Co., appellee; Charles J. Duffy, Jr., for Hartford Ins. Co., appellee.
    Before HESTER, MONTGOMERY and LIPEZ, JJ.
   The orders of the Court of Common Pleas of Allegheny County are affirmed on the opinion of Judge Silvestri.

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


text:
    433 A.2d 545
    Kirkpatrick, Appellant v. Elia et al.
    Argued June 10,1980.
    Edgar B. Bayley, for appellant; Lee A. Rosengard, for appellees.
    Before BROSKY, WATKINS and CIRILLO, JJ.

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

   Order affirmed on the opinion of the court below.


text:
    433 A.2d 546
    McBurnie v. Columbus McKinnon Corp. v. Foster Wheeler Corp., Appellants.
    Argued November 12, 1980.
    Michael V. Gilberti, for Wheeler Corp., appellant; Arthur Cutruzzula, for McBurnie, appellee; Edward A. McFarland, for McKinnon Corp., appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   The order of the lower court is hereby affirmed.


text:
    433 A.2d 546
    McGreevy, Appellant v. Carter.

      Argued September 9, 1980.
    F. Michael Friedman, for appellant; Walter D. Campbell, for appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 546
    McNally et al., Appellants v. N. M. Lake, Inc.
    Argued June 12, 1980.
    James P. Coho, for appellants; Jeffrey Sidebottom, for N. M. Lake, appellee; Henry S. Kenderdine, for West Lampeter, appellee.
    Before WICKERSHAM, WATKINS and LIPEZ, JJ.
   Order affirmed on the opinion of the court below.


text:
    433 A.2d 547
    Mortimer et ux., etc., Appellants v. Melrose Carmel Presb.
    Argued December 5, 1979.
    John A. Freidrich, for appellants; James J. Oliver, for Melrose Carmel Presb., appellee; Paul F. D’Emilio, for Jones, appellees.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   The appeal at No. 2759 October Term 1978 is quashed. The order appealed from at No. 1397 October Term, 1979 is affirmed.


text:
    April 16, 1981.
    433 A.2d 547
    Baraff etc. et al. v. Baraff, Appellant.
    Argued November 13, 1980.
    Robert B. Williams, for appellant; Walter T. McGough, for appellees.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Order affirmed.


text:
    433 A.2d 547
    Commonwealth v. Bernotas, Appellant.
    Argued April 14, 1980.
    John L. Doherty, for appellant; Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 547
    Commonwealth v. Carter, Appellant.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 548
    Commonwealth v. DeVaughn, Appellant.
    Petition for Allowance of Appeal Denied Aug. 11, 1981.
    Submitted November 14, 1980.
    Paulette J. Balogh, for appellant; Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 548
    Commonwealth v. Kyles, Appellant.
    Submitted November 14, 1980.
    David G. Metinko, for appellant; Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered October 26, 1979 affirmed.


text:
    433 A.2d 548
    Commonwealth v. Porter, Appellant.
    Petition for Allowance of Appeal Denied Aug. 19, 1981.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered November 8, 1979 is affirmed.


text:
    433 A.2d 549
    Commonwealth v. Silvers, Appellant.
    Argued November 12, 1980.
    Henry J. Kulakowski, Jr., for appellant; John L. Brown, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before CAVANAUGH, WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 549
    Commonwealth v. Turk, Appellant.
    Reargument Denied July 7, 1981.
    Petition for Allowance of Appeal Denied Sept. 24, 1981.
    Submitted November 14, 1980.
    G. William Bills, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The judgment of sentence of July 19, 1979 is affirmed.


text:
    433 A.2d 549
    Hobbs Lumber and Hardware, Appellant v. Harney et al.
    Submitted April 16, 1980.
    Lawrence C. Bolla, for appellant; Michael A. Fetzner, for appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Order of the lower court is affirmed.


text:
    433 A.2d 549
    McSheehy, Appellant v. Chizmar.
    Argued November 11, 1980.
    Michael F. Fives, for appellant; Michael J. Murphy, for appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Order affirmed.


text:
    433 A.2d 550
    Shepa et al. v. Anderson et ux. et al. Appeal of John E. Anderson and Judith A. Anderson, John J. Darkangelo and Helen E. Darkangelo, Richard J. Ewalt and Betty J. Ewalt.

      Argued January 13, 1981.
    Joseph R. Rygiel, for Anderson and Darkangelo, appellants; Vincent J. Roskovensky, III, for Ewalt, appellants; Ralph K. Barclay, Jr., for appellees.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   The appeal in this case is hereby quashed.


text:
    April 20, 1981.
    433 A.2d 550
    Commonwealth v. Carr, Appellant.
    Petition for Allowance of Appeal Denied Sept. 10, 1981.
    Submitted December 6, 1979.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WICKERSHAM and ROBERTS, JJ.

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

   Judgment of sentence affirmed.

ROBERTS, J., filed a memorandum concurring statement.


text:
    433 A.2d 550
    Commonwealth v. Davis, Appellant.
    Submitted March 21, 1980.
    Harry L. Green, First Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 551
    Commonwealth v. Esposito, Appellant.
    Argued June 12, 1980.
    Charles P. Gelso, for appellant; Chester B. Muroski, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    433 A.2d 551
    Commonwealth v. Fenton, Appellant.
    Petition for Allowance of Appeal Denied Aug. 12, 1981.
    Submitted February 23, 1981.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and WIEAND, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    433 A.2d 551
    Commonwealth v. Foley, Appellant.
    Submitted September 11, 1980.
    James A. Swetz, for appellant; James P. Gregor, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 552
    Commonwealth v. Fraschetta, Appellant.
    Submitted September 11, 1980.
    John L. Walder, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 552
    Commonwealth v. Harrison, Appellant.
    Argued March 11, 1980.
    Malcolm W. Berkowitz, for appellant; Kenneth S. Gallant, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    433 A.2d 552
    Commonwealth v. Kennedy, Appellant.
    Argued March 11, 1980.
    James G. Colins, for appellant; Allan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 552
    Commonwealth v. Lewis, Appellant.
    Submitted February 25, 1981.
    Joseph F. Sklarosky, Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and WIEAND, JJ.
   The record in this case is ordered transferred to the Commonwealth Court.


text:
    433 A.2d 553
    Commonwealth v. Potocki, Appellant.
    Submitted September 11, 1980.
    Bruce S. Miller, Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    433 A.2d 553
    Commonwealth v. Riddick, Appellant.
    Submitted June 13, 1980.
    Samuel R. Kasick, Assistant Public Defender, for appellant; William H. Platt, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    433 A.2d 553
    Commonwealth v. Sequinot, Appellant.
    Submitted September 11,1980.
    Nino V. Tinari, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 554
    Harmer et ux., Appellants v. Ford Motor Company.
    Argued March 13, 1980.
    Fredrick Dorfman, for appellant; James J. Donahue, for appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   The order appealed from is affirmed.


text:
    433 A.2d 554
    In the Interest of Vosburg. Appeal of Vosburg. Appeal of Lackawanna County Children and Youth Services.

      Argued September 10, 1980.
    Charles J. Aliano, for Vosburg, appellants (at No. 790) and for Vosburg, participating party (at No. 1212); John C. Mascelli, for O’Donnell, participating party; George Houck, for Lackawanna, participating party (at No. 790) and for Lackawanna, appellant (at No. 1212); Brian Cali, for Cathy Vosburg, participating party.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   These cases are remanded for prompt supplementation of the records. We retain jurisdiction should either or both of the parties desire to pursue their appeal after the supplementation of the records. Our retention of jurisdiction will not impede a petition to discontinue the appeal should that be the parties’ desire.


text:
    433 A.2d 554
    Luken v. Entine, M.D. et al. Appeal of Joseph Entine, M.D.
    Argued February 3, 1981.
    John P. Dougherty, III, for appellant; Barbara E. Sarkin, for Luken, appellee; A. Arthur Hanamirian, for Foreman, M.D., appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Affirmed.


text:
    433 A.2d 555
    Masonry Sys. of Pennsylvania v. Moravian Development et al. Appeal of Moravian Development Corp. Appeal of Redevelopment Authority of the City of Bethlehem.
    Argued June 9, 1980.
    W. F. Brodt, Jr., for Moravian, appellant (at No. 2007) and for appellee (at No. 2008); Thomas C. Kubelius, for Masonry Systems, appellee; Robertson B. Taylor, did not file a brief on behalf of Sordoni, appellee; Michael E. Riskin, for Redevelopment, appellant (at No. 2008) and for appellee (at No. 2007).
    Before BROSKY, HOFFMAN and CIRILLO, JJ.

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

   The order of the court below is hereby affirmed.


text:
    433 A.2d 555
    Morrissey, Sr., Appellant v. Morrissey, et al.
    Submitted September 9, 1980.
    David J. Brightbill, for appellant; Allen H. Krause, for Hilda Morrissey, appellee; C. Walter Whitmoyer, Jr., for Waltermyer, appellees. Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    433 A.2d 555
    Pastorella et ux. v. LeSante et ux., Appellants.
    Submitted March 12, 1980.
    Frank Bognet, for appellants; J. J. McCluskey, for appellees.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    April 24, 1981.
    433 A.2d 556
    Brauer etc. v. Donegal Mutual Insurance Company. Appeal of Isabel Brauer, Executrix of the Estate of Ben Brauer, Deceased and Isabel Brauer, Individually.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed on the able opinion of Judge Adams. See also Wercoch v. Liberty Mutual Insurance Company, 287 Pa.Super. 45, 52, n. 3, 429 A.2d 712, 715, n. 3 (1981).


text:
    433 A.2d 556
    Bristol Township v. Taylor, Appellants.
    Submitted December 5, 1980.
    Charles O. Marte, Jr., for appellants; Leonard Sokolove, for appellee.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 556
    Commonwealth v. Blake, Appellant.
    Petition for Allowance of Appeal Denied Sept. 23, 1981.
    Submitted November 14, 1980.
    Henry Gent, III, for appellant; F. Walter Bloom, III, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P.J., and SHERTZ and WIEAND, JJ.
    WIEAND, J., filed a memorandum concurring opinion.
   The order is affirmed on the comprehensive opinion of Judge Breene.


text:
    433 A.2d 556
    Commonwealth v. Brown, 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.
   Order affirmed.


text:
    433 A.2d 557
    Commonwealth v. Cansler, Appellant.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.

DiSALLE, J., filed a memorandum concurring statement.


text:
    433 A.2d 557
    Commonwealth v. Hedderman, Appellant.
    Petition for Allowance of Appeal Denied Nov. 30, 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:
    433 A.2d 557
    Commonwealth v. Isenberg, Appellant.
    Submitted November 14, 1980.
    G. William Bills, Jr., for appellant; Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of Judge George Ross.

PRICE, J., concurred in the result.


text:
    433 A.2d 558
    Commonwealth v. Krall, Appellant.
    Petition for Allowance of Appeal Denied Sept. 9, 1981.
    Argued March 14, 1977.
    John R. Gailey, Jr., for appellant; Floyd P. Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before WATKINS, P.J., and JACOBS, HOFFMAN, CER-CONE, PRICE, VAN der VOORT and SPAETH, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.

JACOBS, J., did not participate in the consideration or decision in this case.


text:
    433 A.2d 558
    Commonwealth v. Owens, Appellant.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 558
    Commonwealth v. Pannell, Appellant.
    Submitted September 11, 1980.
    Eric E. Sterling, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    433 A.2d 559
    Commonwealth v. Riley, Appellant.
    Submitted November 14, 1980.
    Norman A. Levine, for appellant; Howard C. Klebe, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    433 A.2d 559
    Commonwealth v. Stanton, Appellant.
    Petition for Allowance of Appeal Aug. 4, 1981.
    Submitted December 3, 1979.
    Mel D. Kardos, Assistant Public Defender, for appellant; John J. Kevlock, Assistant District Attorney, for Commonwealth, 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.

   Judgment of sentence affirmed.


text:
    433 A.2d 559
    Commonwealth v. Williams, Appellant.
    Submitted April 16, 1980.
    Carl R. Schiffman, for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Order affirmed.


text:
    433 A.2d 559
    Commonwealth v. Wilson, 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.
   Order affirmed.


text:
    433 A.2d 560
    Day et ux., Appellants v. Keystone Lumber Co., et al.
    Argued November 15, 1979.
    Gilbert S. Merritt, Jr., for appellants; Charles W. Kenrick, for appellees.
    Before PRICE, HESTER and CAVANAUGH, JJ.
   Judgment affirmed.

HESTER, J., filed a memorandum dissenting statement.


text:
    433 A.2d 560
    Passon, Appellant v. Bailey and Kravitz.
    Reargument Denied July 9, 1981.
    Petition for Allowance of Appeal Denied Sept. 14, 1981.
    Argued June 12,1980.
    Morris Passon, for appellant, in propria persona; Edward Rubenstone, for Bailey, appellee; Ethel Kravitz, did not file a brief on behalf of appellee, in propria persona.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.

CAVANAUGH, J., concurred in the result.


text:
    433 A.2d 560
    Passon, Appellant v. Spritzer et al.
    Submitted June 13, 1980.
    Morris Passon, appellant, in propria persona; Joseph B. Erwin, for Spritzer et al., appellees; Mark E. Kogan, for Kravitz, appellee; Edward Stock, for Duncan, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.

CAVANAUGH, J., concurred in the result.


text:
    May 1, 1981.
    435 A.2d 238
    Brogan Inc., Appellant v. Holmes Electric Protective Co.
    Argued December 5, 1979.
    David R. Straw-bridge, for appellant; Hugh O’Neill, for appellee.
    Before PRICE, WATKINS and HOFFMAN, JJ.
   Orders and judgment affirmed.


text:
    435 A.2d 238
    Caiazza etc. v. Bell, Appellant.
    Argued November 12, 1980.
    J. Lauson Cash-dollar, for appellant; Carmen F. Lamancusa, for appellee.
    Before CAVANAUGH, WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 238
    Commonwealth v. Ferguson, Appellant.

      Submitted November 14, 1980. George B. Stegenga, for appellant; Lawrence R. Zewe, for Commonwealth, appellee.
    Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 239
    Commonwealth v. Hissem, Jr., Appellant.
    Petition for Allowance of Appeal Denied Dec. 21, 1981.
    Argued April 16,1980.
    Ross S. Bash, for appellant; James J. Conte, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 239
    Commonwealth v. Morris, Appellant.
    Submitted November 14, 1980.
    John A. Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.

      Before CERCONE, P. J., and SHERTZ and WIEAND, JJ.
   Order affirmed.


text:
    435 A.2d 239
    Commonwealth v. Smith, Appellant.
    Submitted March 21,
    1980. Michael Von Moschzisker, 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 239
    Commonwealth v. Strohl, Appellant.
    Submitted June 29,1979.
    Terance L. Faul, for appellant; John E. Gallagher, District Attorney, did not submit a brief on behalf of the Commonwealth, appellee.

      Before PRICE, GATES and DOWLING, JJ.

       President Judge G. Thomas Gates of the Court of Common Pleas of Lebanon County, Pennsylvania and Judge John C. Dowling of the Court of Common Pleas of Dauphin County, Pennsylvania, are sitting by designation.

   Order affirmed.


text:
    435 A.2d 240
    Connell v. Baker, et ux., Appellants.
    Submitted November 14, 1980.
    Maurice A. Nernberg, Jr., for appellants; Thomas M. Mulroy, for appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The order entered February 14, 1980, is affirmed.


text:
    435 A.2d 240
    Freedman and Lorry v. Adler, et al., Appellants.
    Argued September 9,1980.
    Arnold Levin, for appellants; Charles Sovel, for appellees.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   The judgment of the lower court is affirmed. This Court hereby adopts the rationale set forth in the excellent opinion of Judge Greenberg of the Philadelphia Court of Common Pleas to support the affirmance in this case.


text:
    435 A.2d 240
    Jensen, et al., Appellants v. Warren General Hospital, et al. Appeal of Fred E. Jensen.
    Argued November 10, 1980.
    Mark D. Sonnelitter, for appellants; John M. McLaughlin, for Warren General Hospital, appellee; Irving Murphy, for Fino, M.D., appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment affirmed.


text:
    435 A.2d 241
    Princeton Consumer Dis. Co. v. Mattero, et al. Appeal of Florence Mattero.
    Argued March 19, 1980.
    Richard S. Packel, for appellant; Timothy Sullivan, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 241
    Rokus, Appellant v. Rokus.

      Argued January 13, 1981.
    Edwin J. Martin, for appellant; A. A. Bluestone, for appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    May 8, 1981.
    435 A.2d 241
    Busy Beaver Building Centers v. Nobile, etc., Appellant.
    Submitted November 14, 1980.
    Ralph D. Conrad, for appellant; John F. Meek, for appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   The order of November 16, 1979 is affirmed.


text:
    435 A.2d 241
    Commonwealth v. Balas, Appellant.
    Submitted December 5, 1980.
    Peter T. Campana, for appellant; William S. Kieser, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 242
    Commonwealth v. Boynes, Appellant.
    Submitted September 11,1980.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 242
    Commonwealth v. Chandler, Appellant.
    Submitted November 16, 1979.
    Carl R. Schiffman, for appellant; Robert L. Eberhardt, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and MONTGOMERY and LI-PEZ, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 242
    Commonwealth v. Cole, Appellant.

      Submitted June 29,1979.
    Ronald P. O’Driscoll, Assistant Public Defender, for appellant; John J. Burfete, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, HOFFMAN and CATANIA, JJ.

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

   Judgment of sentence affirmed.


text:
    435 A.2d 243
    Commonwealth v. Congo, 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 affirmed.


text:
    435 A.2d 243
    Commonwealth v. Cropper, Appellant.

      Submitted March 21, 1980.
    Elaine De Masse, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court affirmed.

LIPEZ, J., concurred in the result.


text:
    435 A.2d 243
    Commonwealth v. Foster, Appellant.
    Submitted November 14,1980.
    Paulette J. Balogh, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered October 11, 1979 is affirmed.


text:
    435 A.2d 244
    Commonwealth v. Govannucci, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1981.

      Submitted November 14,1980.
    John H. Corbett, Jr., for appellant; Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered September 24, 1979 is affirmed.


text:
    435 A.2d 244
    Commonwealth v. Haley, Appellant.
    Submitted September 10, 1980.
    Thomas Bruno, for appellant; Alan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 244
    Commonwealth v. Harrell, Appellant.

      Argued September 10, 1980.
    Dennis J. Cogan, for appellant; Mark S. Gurevitz, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Affirmed.


text:
    435 A.2d 244
    Commonwealth v. Jennings, Appellant.
    Submitted November 14, 1980.
    James A. Stranahan, IV, for appellant; Charles S. Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence dated December 31, 1979 is affirmed.


text:
    435 A.2d 245
    Commonwealth v. Johnakin, Appellant.

      Argued January 6, 1981.
    Timothy F. Hennessey, Assistant Public Defender, for appellant; David M. McGlaughlin, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

HOFFMAN, J., concurred in the result.


text:
    435 A.2d 245
    Commonwealth v. Lewis, Jr., Appellant.
    Submitted June 13, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Heather J. Mumma, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 245
    Commonwealth v. Miller, Appellant.

      Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered December 3, 1979 is affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 246
    Commonwealth v. Mitchell a/k/a Azim, Appellant.
    Submitted September 11, 1980.
    Harry A. Rubin, 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 246
    Commonwealth v. Ozsvath, Appellant.

      Submitted June 13, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 246
    Commonwealth v. Paxton, Appellant.
    Submitted November 14, 1980.
    Bruce A. Carsia, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 247
    Commonwealth v. Perry, Appellant.
    Argued April 15, 1980.
    David J. Graban, 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 247
    Commonwealth v. Pierce, 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 of court affirmed.


text:
    435 A.2d 247
    Commonwealth v. Reaves, Appellant.
    Petition for Allowance of Appeal Denied Sept. 11, 1981.
    Argued December 1, 1980.
    Terry W. Clemons, for appellant; Stephen Harris, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 247
    Commonwealth v. Scott, Appellant.
    Submitted April 16, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 248
    Commonwealth v. Thorton, Appellant.
    Petition for Allowance of Appeal Denied Nov. 19, 1981.
    Submitted November 14, 1980. Donald
    R. Calaiaro, for appellant; Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered November 8, 1979 is affirmed.


text:
    435 A.2d 248
    Commonwealth v. Volz, Appellant.
    Reargument Denied Sept. 3, 1981.
    Petition for Allowance of Appeal Denied Jan. 26, 1982.
    Submitted June 13, 1980.
    Raymond J. Takiff, for appellant; William Heiman, Assistant 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.

HOFFMAN, J., concurred in the result.


text:
    435 A.2d 248
    Commonwealth v. Williams, Appellant.
    Submitted March 21, 1980. Jack

      M. Myers, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 249
    Commonwealth v. Wood, a/k/a, Henry, Appellant.
    Submitted April 16, 1980.
    John R. Valaw, for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 249
    Crosta et vir., Appellants v. Perris et al.
    Submitted November 14, 1980.
    Michael R. 'Kelly, for appellant; James D. Elder, for appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 249
    Hillebrand, Appellant v. Schwabenbauer et al.
    Argued December 4, 1980.
    William L. Keller, for appellant; Hugh J. Hutchison, for Schwabenbauer, appellee; John A. Shrader, did not file a brief on behalf of Baltimore & Ohio Railroad Co., appellee; Michael Bolechowski, did not file a brief on behalf of Commonwealth and Dept, of Transportation, appellees.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The order of the lower court is hereby affirmed.


text:
    435 A.2d 250
    Remo Inc. v. Valley Forge Hotel Co., et al. Strickland v. Valley Forge Hotel Co., et al. Appeal of The First Pennsylvania Banking and Trust Company.
    Argued December 6,1979.
    Scott D. Patterson, for appellant; Lawrence A. Ruth, for Remo, appellee (at No. 504) and for Strickland, appellee (at No. 505); Sidney M. De Angelis, for Valley Forge, 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.

   Remand to the trial court for its consideration of the non pros motion, if not waived.

SPAETH, J., filed a memorandum concurring opinion.


text:
    435 A.2d 250
    Yeager, et ux. v. Hogue, et al., Appellants.
    Argued December 5, 1980.
    Donald M. Bowman, for appellants; Thomas J. Mettee, for appellees.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    May 15, 1981.
    435 A.2d 250
    Ades etc. v. Card-O-Rama Inc., etc., Appellant.
    Argued June 11, 1980.
    Joel H. Ziev, for appellant; Thomas E„ Weaver, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 250
    American Foodservice Corp. v. Horizon Importing, Inc., Appellant.
    Argued June 10,1980.
    John O’Rourke, for appellant; Hugh M. Emory, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 251
    Columbus et al. v. Zayre Dept. Store. Appeal of Elizabeth Columbus.
    Argued November 15,1979.
    Michael A. Della Vecchia, for appellant (at No. 1072) and appellee (at No. 1904); Charles Kirshner, for appellant (at No. 1904) and appellee (at No. 1072).
    Before PRICE, HESTER and CAVANAUGH, JJ.
   The judgment, as modified in the order of May 25,1978 by the removal of a non-suit on the slander count as to Elizabeth Columbus, is affirmed.

CAVANAUGH, J., filed a memorandum concurring opinion.


text:
    435 A.2d 251
    Commonwealth v. Barnes, Appellant.
    Submitted March 21, 1980.
    Elaine DeMasse, Assistant Public Defender, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment affirmed.

SPAETH, J., concurred in result.


text:
    435 A.2d 251
    Commonwealth v. Crenshaw, Appellant.
    Submitted September 11, 1980.
    Warren Hamilton, for appellant; Steven Cooper-stein, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 252
    Commonwealth v. Custard, Appellant.
    Submitted March 21, 1978.
    Harry W. Farmer, Jr., Assistant Public Defender, for appellant; James R. Freeman, Assistant District Attorney, for Commonwealth, appellee.
    Before JACOBS, P. J., and CERCONE, HOFFMAN, PRICE, VAN der VOORT, SPAETH, HESTER and WATKINS, JJ.

      JACOBS, former P. J., did not participate in the consideration or decision of this case.

   Judgment of sentence affirmed.


text:
    435 A.2d 252
    Commonwealth v. DeCarlo, Appellant.
    Submitted September 13, 1979.
    Nicholas A. Clemente, for appellant; John J. Burfete, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence and order are affirmed.


text:
    435 A.2d 252
    Commonwealth v. Hassel, Appellant.
    Submitted April 12, 1979.
    Joseph B. Policicchio, Assistant Public Defender, for appellant; Frederick F. Coffroth, District Attorney, for Commonwealth, appellee.
    Before SPAETH, WATKINS and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 253
    Commonwealth v. Heidnik, Appellant.
    Petition for Allowance of Appeal Denied Sept. 15, 1981.
    Argued June 11, 1980.
    Jack J. Bulkin, for.appellant; Lee M. Kaplan, Assistant District Attorney, for Commonwealth, appellee.

      Before BROSKY, WATKINS 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 253
    Commonwealth v. Johnson, Appellant.
    Submitted December 5, 1980.
    F. Emmet Ciccone, appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence entered March 7, 1980 is affirmed.


text:
    435 A.2d 253
    Commonwealth v. King, Appellant.
    Submitted September 13, 1979.
    Eugene A. Bonner, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.

      Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 254
    Commonwealth v. Kleiman, Appellant.
    Argued March 6, 1980.
    Daniel M. Pell, for appellant; John C. Uhler, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The orders of the lower court are affirmed.


text:
    435 A.2d 254
    Commonwealth v. Charles Klumpp a/k/a Raymond Klumpp, Appellant.
    Argued December 1, 1980.
    William J. Mazzola, for appellant; Mark S. Gurevitz, 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 254
    Commonwealth v. Maldonado, Appellant.
    Submitted November 12, 1980.
    Dennis V. Williams, for appellant; Paul J. Susko, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 254
    Commonwealth v. Mojica a/k/a Rivera, Appellant.
    Submitted March 21, 1980.
    William F. Ochs, Jr., Public Defender, for appellant; J. Michael Morrissey, District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 255
    Commonwealth v. Pauze, Appellant.
    Submitted March 21, 1980.
    Robert F. Pappano, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 255
    Commonwealth v. Pitzer, Jr., 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.
   Order affirmed on the opinion of the court below.


text:
    435 A.2d 255
    Commonwealth v. Robinson, Appellant.
    Submitted November 16, 1979.
    John H. Corbett, Jr., for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and MONTGOMERY and LI-PEZ, JJ.
   The judgment of sentence is affirmed.


text:
    435 A.2d 256
    Commonwealth v. Ross, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1981.
    Submitted March 21, 1980.
    Sherman Ross, appellant, in propria persona; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court is affirmed.


text:
    435 A.2d 256
    Commonwealth v. Shirk, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1981.
    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.
   The order of the lower court is affirmed.


text:
    435 A.2d 256
    Commonwealth v. Smith, Appellant.
    Submitted September 11, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER, and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 256
    Commonwealth, Appellant v. Strait, Jr.
    Submitted March 6,1980.
    Gary D. Wilt, District Attorney, for Commonwealth, appellant; James M. Schall, for appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 257
    Commonwealth v. Sweeney, Appellant.
    Argued December 4, 1980.
    Barry S. Yaches, for appellant; Eliot Present, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 257
    Commonwealth ex rel. Sabatini v. Sabatini. Appeal of Mary Ann Sabatini.
    Argued February 11, 1981.
    Vincent J. Roskovensky, II, for appellant; Robert L. Webster, for appellee.
    Before BROSKY, DiSALLE and SHERTZ, JJ.
   Order affirmed.


text:
    435 A.2d 257
    Commonwealth ex rel. Van Winkle v. Jeffes, etc. Appeal of Charles Van Winkle.
    Submitted March 21, 1980.
    Victor J. Drosey, Jr., Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 258
    DeLello, et al. v. Mastrangelo et al. Appeal of Red Eye Tavern.

      Argued March 18, 1980.
    Stephen A. McBride, for appellant; Charles F. Mayer, for DeLello, appellees; Harry F. Brennan, did not file a brief on behalf of Mastrangelo, appellee; Daniel J. Sherry, for Burmont Inn, Inc., appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 258
    DeSantis v. DeSantis, Appellant.
    Argued November 13,1980.
    Henry Miller, III, for appellant; Anthony J. Martin, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 258
    Dorko, et vir. v. Peterson, et al. Appeal of Jay B. Peterson, Jr., M.D.
    Argued November 13,1980.
    Mark W. Morava, for appellant; David M. Moran, for appellees.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Appeal quashed.


text:
    435 A.2d 258
    Forese v. Kapil, Appellant.
    Submitted September 11, 1980.
    Prakash Kapil, appellant, in propria persona; Joseph R. Ferdinand, for appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 259
    Frank, Appellant v. Frank.
    Petition for Allowance of Appeal Denied Sept. 23, 1981.
    Argued December 4, 1980.
    Neil Hurowitz, for appellant; Henry A. Stein, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.

PRICE, J., filed a memorandum dissenting statement.


text:
    435 A.2d 259
    Groman v. Klaus and Merritt’s Antiques, Inc. Appeal of Merritt’s Antiques, Inc.

      Argued June 10, 1980.
    Alan I. Baskin, for appellant; William H. Mitman, Jr., for Groman, appellee; Michael B. Kean, did not file a brief on behalf of Klaus, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 259
    Greenberg v. Nationwide Mutual Fire Insurance Company, Appellant.
    Submitted June 13, 1980.
    Joseph F. Van Horn, Jr., for appellant; Robert A. Davitch, 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.

   Order affirmed.


text:
    435 A.2d 260
    L. K. Stoner Tile Co. v. Yudacufski, Appellant.
    Argued March 17, 1980.
    Leonard G. Schumack, for appellant; MaryAnn Conway, for appellee.

      Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 260
    Miller, et ux., Appellants v. Fisher.
    Argued March 4, 1980.
    George F. Douglas, Jr., for appellants; Michael R. Rundle, for appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 260
    Novakovic et al., Appellants v. Est. of Rosamund S. Hicks.
    Argued March 18,1980.
    Frank P. Murphy, for appellants; James F. Zacearía, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 260
    Patel, Appellant v. Milgram, et al.
    Argued September 11, 1980.
    Manojkumar D. Patel, appellant, in propria persona; Paul A. Barrett, for appellees.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 261
    Schmidt, et al. v. Mason, Adm. for Muth Estate, Appellant.
    Submitted December 5, 1980.
    Thomas G. Mundhenk, for appellant; Samuel Glantz, for appellees.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Order affirmed.


text:
    435 A.2d 261
    School District of Philadelphia v. Gurmankin, Appellant.

      Argued December 1, 1980.
    Judith Gurmankin, appellant, in propria persona; Robert T. Lear, for appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 261
    Shaffer, Appellants v. Schaeffer et al., Appellants.
    Argued March 5, 1980.
    John J. Krafsig, Jr., for Schaeffer, appellants (at No. 252) and appellees (at No. 258); Robert G. Radebach, for Shaffer, appellants (at No. 258) and appellees (at No. 252).
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 261
    Sharp et ux., Appellants v. Solomon et al.
    Argued November 13, 1980.
    Clifford C. Cooper, for appellants; W. Arch Irvin, Jr., for Solomon, appellee; John D. Rhodes, for Industrial Personnel Corp. and Powell, appellees; Harold Gondelman, for Hi-Way Maintenance, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment affirmed.

VAN der VOORT, J. concurred in the result.


text:
    435 A.2d 262
    Sokolo, Appellant v. Sokolo.
    Argued September 11, 1980.
    William T. Luskus, for appellant; Richard L. Raymond, for appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 262
    Tinari et al., Appellants v. Ins. Placement Fac. of Pa.
    Submitted March 21, 1980.
    Nino V. Tinari, for appellants; Joshua Wall, for appellee.

      Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 262
    Wald v. 1311 Tracy Corp. et al. Appeal of Samuel Rappaport.
    Argued March 19, 1980.
    Leon Silver-man, for appellant; Howard Garbeil, for appellee.
    Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Judgment and order affirmed.


author: CERCONE, President Judge:

text:
    437 A.2d 960
    SITE IMPROVEMENTS, INC., Appellant, v. CENTRAL AND WESTERN CHESTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY.
    Superior Court of Pennsylvania.
    Argued March 31, 1981.
    Filed Nov. 30, 1981.

      Russell B. Bershad, Philadelphia, for appellant.
    Michael Minkin, Philadelphia, for appellee.
    Before CERCONE, President Judge, and HESTER and JOHNSON, JJ.
   CERCONE, President Judge:

This is an appeal from an order sustaining a preliminary objection in the nature of a demurrer to a complaint on a mechanic’s lien. The demurrer asserted as a defense the filing and proper indexing of a waiver of liens. We now reverse and remand.

Appellee is the owner of the premises and building against which appellant, the subcontractor, filed its mechanics lien. K. P. Properties is the equitable owner of the property by virtue of an installment land sale contract between it and appellee. The Raymon Corporation of Marlton, New Jersey was the general contractor. The parties to the waiver of liens agreement were the Raymon Corporation and K. P. Properties. It was executed on November 6, 1978 and filed with the prothonotary of Montgomery County on November 21, 1978. We now consider whether the lower court incorrectly sustained appellee’s preliminary objections based on the finding that the waiver of liens was properly indexed by the Montgomery County prothonotary.

In arriving at its decision on the demurrer the lower court considered as evidence a copy of a docket entry of the filing of this lien waiver and a copy of the filed agreement itself. The docket entry which the court considered, part of the judgment index, listed the Raymon Corporation as plaintiff and K. P. Properties as defendant. Based on this single docket entry the court concluded that the waiver of liens had been properly indexed.

Section 402 of the Mechanic’s Lien Law of 1963, 49 P.S. § 1402, reads:

A written contract between the owner and contractor or a separate written instrument signed by the contractor, which provides that no claim shall be filed by anyone, shall be binding; but the only admissible evidence thereof, as against a subcontractor, shall be proof of actual notice thereof to him before any labor or materials were furnished by him; or proof that such contract or separate written instrument was filed in the office of the prothonotary prior to the commencement of the work upon the ground or within ten (10) days after the execution of the principal contract or not less than ten (10) days prior to the contract with the claimant subcontractor, indexed in the name of the contractor as defendant and the owner as plaintiff and also in the name of the contractor as plaintiff and the owner as defendant. The only admissible evidence that such a provision has, notwithstanding its filing, been waived in favor of any subcontractor shall be a written agreement to that effect signed by all those who, under the contract, have an adverse interest to the subcontractor’s allegation.

Act of August 24,1963, P.L. 1175, No. 497, art. IV, § 402; 49 P.S. § 1402. (Emphasis added). In Houser v. Childs, 129 Pa.Superior Ct. 565, 196 A. 547 (1938) this Court held that it was incumbent upon the property owner to see that a waiver of liens agreed to between him and the contractor is properly filed and indexed. Any failure in such filing and indexing is attributable to the owner and invalidates the waiver as against the subcontractor. As we stated there:

An owner desirous of taking advantage of [the provision of the Mechanic’s Lien Law] ... is bound to see that the contract as filed is properly and correctly indexed against the contractor by the prothonotary in the judgment index .... So far as subcontractors are concerned, he has only himself to blame if he. . . neglects to make sure that the prothonotary correctly indexes the contract. .. .

Id., 289 Pa.Super. at 567, 196 A. at 548. Cf. Lisk Plumbing & Heating Co., Inc. v. Schons, 283 Pa.Superior Ct. 344, 423 A.2d 1288 (1981) (Opinion per Van der Voort, J. with Spaeth and Hoffman, JJ. concurring in the result.).

Section 402 of the Mechanic’s Lien Law of 1963, 49 P.S. § 1402, specifically states that a waiver of liens must be indexed listing both the owner as plaintiff and the contractor as defendant as well as listing the contractor as plaintiff and the owner as defendant. Section 402 creates an exception to the general provisions of the statute and must therefore be read strictly. Cf. Houser v. Childs, supra. Furthermore, the clause containing the indexing requirements is written in the conjunctive, without the interposition of punctuation, and appears unambiguous on its face. The foregoing leads us to the conclusion that in order for a subcontractor to have constructive notice of a waiver of liens agreement between the contractor and the owner the waiver must be indexed both against the owner and against the contractor as defendants.

In the light of our reading of Section 402 of the Mechanic’s Lien Law of 1963, we are of the mind that the lower court erred in finding that the waiver of liens was properly indexed. All the court had before it was a copy of the judgment index listing the contractor as plaintiff and the owner as defendant. Under the prior law, this indexing of the waiver of liens would have failed entirely as against a mechanic’s lien filed by a subcontractor without actual notice. The indexing considered by the court only partially complied with the Mechanic’s Lien Law of 1963. Missing is any indication whatsoever that the waiver of liens was also indexed with the owner listed as plaintiff and the contractor as defendant. Clearly the lower court erred; based on this information alone the court should not have sustained the demurrer. We reverse the order sustaining appellee’s preliminary objection and remand for further proceedings not inconsistent with this opinion, because the court improperly concluded, based on what it had before it, that the waiver of liens was properly indexed so as to bar appellant subcontractors mechanic’s lien.

Reversed and remanded for further proceedings not inconsistent herewith.

      . This Court has previously held that the defense of waiver of liens may be asserted in preliminary objections to a complaint on a mechanic’s lien where the waiver has properly been made part of the record. See John B. Kelly, Inc. v. Phoenix Plaza, Inc., 249 Pa.Superi- or Ct. 413, 378 A.2d 363 (1977); Mar Ray, Inc. v. Schroeder, 242 Pa.Superior Ct. 14, 363 A.2d 1136 (1976).

      . Under the prior law, (the Act of June 4, 1901, P.L. 431, as amended by the Act of April 24, 1903, P.L. 297, 49 P.S. § 72,) the prothonotary was required only to index mechanic’s lien waivers listing the owner as plaintiff and the contractor as defendant.

      . That is, the Act of 1963, supra, reads “indexed in the name of the contractor as defendant and the owner as plaintiff and also in the name of the contractor as plaintiff and the owner as defendant.”

      . See footnote 2, supra.

      . Section 505 of the Mechanic’s Lien Law of 1963, supra, 49 P.S. § 1505, allows the court to determine factual questions raised in preliminary objection on depositions or otherwise. That section reads:
      Any party may preliminarily object to a claim upon a showing of exemption or immunity of the property from lien, or for lack of conformity with this act. The court shall determine all preliminary objections. If an issue of fact is raised in such objections, the court may take evidence by deposition or otherwise. If the filing of an amended claim is allowed, the court shall fix the time within which it shall be filed. Failure to file an objection preliminarily shall not constitute a waiver of the right to raise the same as a defense in subsequent proceedings.

      . The disposition which we make today of this case obviates the necessity of considering appellant’s other assignments of error, which are: that the court erred in considering matter dehors the record before it; that it erred not finding that appellee admit the averments in appellant’s answer and new matter filed in response to the preliminary objection when appellee filed a praecipe to place the case on the argument list; and, that the court erred in not requiring discovery or in taking evidence.


text:
    437 A.2d 963
    John E. ABEL, Jr. and Pauline W. Abel, v. James L. MILLER, and Beverly J. Miller, Appellants.
    Superior Court of Pennsylvania.
    Argued March 30, 1981.
    Filed Nov. 30, 1981.
    Petition for Allowance of Appeal Denied Feb. 5, 1982.

      William E. Haggerty, Lancaster, for appellants.
    Kenneth C. Notturno, Lancaster, for appellees.
    Before CERCONE, President Judge, and HESTER and JOHNSON, JJ.
   CERCONE, President Judge:

This is an appeal from an order denying permission to amend an answer and new matter in order to assert a purported defense not previously pleaded. We affirm.

On June 8,1979 the parties entered into an agreement for the sale of real estate in East Hempfield Township, Lancaster County. Pursuant to the written agreement the Millers, the buyers, gave the Abels, the sellers, a non-interest bearing, non-negotiable note in the amount of six thousand dollars. The note was payable as part of the purchase price at the time of settlement, or as liquidated damages in the event of the Millers’ default. Settlement was originally scheduled for August 1 but was twice postponed, first to August 31 and then to September 4. The Millers defaulted on the agreement on the latter date. On September 6, 1979 the Abels filed the instant action in assumpsit. The case was heard by a board of arbitrators on January 9, 1980 which found in favor of the Abels in the amount of six thousand dollars plus interest. From this award the Millers appealed to the court of common pleas. The Abels moved for summary judgment on February 21, 1980. Rather than respond to the Abels’ motion the Millers filed a petition for leave to amend their answer and new matter. The petition represented that the Millers had retained new counsel after the initial answer and new matter were filed. It further claimed that the proposed answer and new matter asserted a defense to the original complaint the facts of which had not been made known to the Millers’ first attorney. After appellees’ answer and argument the court denied the Millers’ petition. The Millers took a timely appeal from this order. The Abels filed with this Court a motion to quash the appeal as from an interlocutory order. The motion to quash was denied per curiam on February 11, 1981.

The defense the Millers hoped to assert in the would-be amended answer and new matter alleged fraud or negligent misrepresentation in the inducement to the contract. The Millers’ proposed amended pleading would have alleged that preliminary to the execution of the land sale contract the Abels represented that the Millers would be able to assume a promissory note which the Abels had given to their predecessors in interest in the property. The amended pleadings would then have alleged that the Millers entered into the agreement of sale relying on this representation, and that subsequent to the contract’s execution the Abels informed the Millers that the note was not assumable. Finally, the amended pleading would have alleged that this misrepresentation about the possibility of the note’s assumption was either fraudulently or negligently made. In short, the Millers hoped to assert a defense to the complaint which would have required testimony concerning events prior to the written agreement’s execution, thereby raising questions pertaining to the so-called parol evidence rule. The asserted defense, if the court had permitted the amendment as requested, would have run directly counter to a provision in the written agreement which reads:

This Agreement, and BUYER’S obligation to make settlement—
(a) are NOT CONTINGENT upon BUYER’S obtaining financing of any kind or receiving settlement for any other real estate.

(Emphasis in the original). The court, in its opinion rejecting the Miller’s petition, reasoned that because of this paragraph in the written agreement the parol evidence rule precluded the defense the Millers would have raised in the amended answer and new matter. The court further concluded that since as a matter of law the Millers’ proposed amendment failed to assert a new defense to the complaint there was no reason to allow the amendment.

The parol evidence rule, although it apparently addresses evidentiary questions, is now nearly universally acknowledged to be a substantive rule of law. See Rempel v. Nationwide Ins. Co., 227 Pa.Super. 87, 323 A.2d 193 (1974), aff’d 471 Pa. 404, 370 A.2d 366 (1977); 3 Corbin on Contracts § 573 (1961). Nevertheless, the switch from the older view to the newer one has not been without confusion. Indeed, even at this late date the legal thicket surrounding the rule appears only slightly less tangled than before. This Court’s recent opinion in LeDonne v. Kessler, 256 Pa. Super. 280, 389 A.2d 1123 (1978) aided significantly in clearing away much of the juridical underbrush. LeDonne was particularly helpful in distinguishing and in reconciling the apparently contradictory holdings of three previous cases, to wit: Bardwell v. The Willis Company, 375 Pa. 503, 100 A.2d 102 (1953); Berger v. Pittsburgh Auto Equipment Co., 387 Pa. 61, 127 A.2d 334 (1956); and, National Building Leasing Inc. v. Byler, 252 Pa.Super. 370, 381 A.2d 963 (1977). At this juncture we need not reiterate all that was said in LeDonne, however, we quote with approval a passage from that opinion which we find particularly helpful here:

This model harmonizes the results in Bardwell, Berger and Byler. In Bardwell, the integration clause explicitly denied the existence of the representation which the lessees later attempted to invoke. The lessees could not justifiably rely upon prior oral representations, yet sign a contract denying the existence of these exact representations. Thus, Bardwell’s requirement that the lessees alleged fraud, accident or mistake in the execution of the contract made good sense under the circumstances of that case. In Berger and Byler, the contract clause did not deny the existence of any representation concerning the subsequently discovered latent defect. Thus, an allegation of fraud in the inducement of the contract rather than in its execution logically sufficed to render the parol evidence rule inapplicable.

LeDonne v. Kessler, 256 Pa.Super. at 294, fn. 10, 389 A.2d at 1130-31 fn. 10.

As in Bardwell, the written agreement here at issue specifically contradicts the very representation the Millers would assert in their defense. The teaching of LeDonne, therefore, comes into play. In order for the Millers to escape the restrictions of the parol evidence rule it would not be enough for them, in the face of the written agreement’s specific contradiction that the sale was not contingent upon financing, to plead fraud or negligent misrepresentation in the inducement, they would have to plead fraud in the execution of the agreement. The amended pleading would have asserted fraud in the inducement of the contract, but the pleadings would in no way have addressed the question of why the Millers signed an agreement which specifically contradicted a purported earlier oral agreement. Thus, because the amended pleading would not have asserted a valid defense it was not error to have refused the amendment.

Affirmed and remanded for proceedings not inconsistent with this opinion.

HESTER, J., concurs in the result.

      . The order appealed from reads:
      AND NOW, September 23, 1980, Defendants’ Petition to file an amended answer and new matter is denied.
      Defendants are granted ten (10) days from this date to file any opposing affidavits and their brief in opposition to Plaintiffs’ Motion for Summary Judgment.

      . On December 3, 1980 the lower court apparently stayed all proceedings before it on the motion for summary judgment.

      . The Millers argue now for the first time that the execution was fraudulent as well. They contend that they signed the agreement with knowledge of the offending clause but did not object to it based both on the prior inducement and their desire not to offend the Abels. We need not address the merits of this argument since it was waived by the Millers’ failure to raise it below.