text:
    449 A.2d 40
    Jerold D. WINGEART, Administrator of the Estate of John Jerold Wingeart, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.
    Superior Court of Pennsylvania.
    Argued March 24, 1981.
    Filed Aug. 6, 1982.

      William C. Gierasch, Jr., York, for appellant.
    George F. Douglas, Jr., Carlisle, for appellee.
    Richard C. Angino, Harrisburg, amicus curiae on behalf of the Pennsylvania Trial Lawyers Association.
    Before PRICE, WIEAND and LIPEZ, JJ.
   WIEAND, Judge:

John Jerold Wingeart, a 23 year old resident of Maryland, was killed when the vehicle in which he was riding as a passenger left the highway and struck a tree in York County, Pennsylvania. The vehicle, which ws operated by Suzanne M. Garrett, also deceased, had been insured by State Farm Mutual Automobile Insurance Company (hereinafter “State Farm”), which provided coverage under the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19,1974, P.L. 489 No. 176, 40 P.S. § 1009.101 et seq. Jerold D. Wingeart, the administrator of the estate of his deceased son, made a claim against State Farm for work loss benefits under the Pennsylvania No-fault Act. The claim was denied on grounds that work loss benefits were not recoverable by the estate of a deceased victim under the Pennsylvania statute. An action in assumpsit was then filed by Wingeart to recover work loss benefits in the amount of $15,000. State Farm responded by filing preliminary objections in the nature of a demurrer, asserting that work loss benefits were not “a proper element of damage under the Pennsylvania No-fault Motor Vehicle Insurance Act.” When the trial court agreed with this contention and sustained the insurer’s preliminary objections, this appeal followed. By agreement of counsel, argument was delayed pending decision of the Supreme Court in Allstate Insurance Company v. Heffner and Pontius v. United States Fidelity and Guaranty Company, 491 Pa. 447, 421 A.2d 629 (1980), aff’g, Heffner v. Allstate Insurance Company, 265 Pa.Super. 181, 401 A.2d 1160 (1979). These decisions have now established that survivors of deceased victims of vehicular accidents are entitled to recover work loss benefits.

Appellee argues that the trial court’s decision was nevertheless correct because a decedent’s estate is not a “survivor” and, therefore, not entitled to recover work loss benefits under the No-fault Act. The same argument was made and rejected by this Court in Freeze v. Donegal Mutual Insurance Company, 301 Pa.Super. 344, 447 A.2d 999 (1982). In that case the decedent had been eleven years of age at the time of his death, and his father, the administrator of his estate, had not been dependent upon him for support. This Court held that under such circumstances the estate of the deceased victim was entitled to recover work loss benefits under the No-fault Act. The decision in Freeze is controlling of the instant appeal. See also Chesler v. Government Employees Insurance Company, 302 Pa.Super. 356, 448 A.2d 1080 (1982).

Appellee argues additionally that the trial court’s decision should be upheld because the decedent, at the time of his death, was a resident of Maryland and, therefore, entitled only to benefits provided under the Maryland no-fault plan. Whether the Maryland statute, which does not restrict the right to bring a common law action for negligence, is a “no-fault plan” for purposes of applying Maryland law under Section 110(c) of the Pennsylvania Act, 40 P.S. § 1009.110(c)(1), was not raised by appellee’s preliminary objections and was not considered by the trial court. Consequently, it is not properly before this Court on appeal. See City of Pittsburgh v. Pennsylvania Department of Transportation, 490 Pa. 264, 270 n.7, 416 A.2d 461, 464 n.7 (1980). See also Tagnani v. Lew, 493 Pa. 371, 426 A.2d 595 (1981) ; Commonwealth v. National Federation of the Blind, 471 Pa. 529, 536, 370 A.2d 732, 736 (1977); Gibson v. Miller, 265 Pa.Super. 597, 602, 402 A.2d 1033, 1036 (1979).

Reversed and remanded for further proceedings.

      . Section 110(c)(1) of the Pennsylvania No-fault Motor Vehicle Insurance Act provides:
      The basic loss benefits available to any victim or to any survivor of a deceased victim shall be determined pursuant to the provisions of the state no-fault plan for motor vehicle insurance in effect in the state of domicile of the victim on the date when the motor vehicle accident resulting in injury occurs. If there is no such state no-fault plan in effect or if the victim is not domiciled in any state, then basic loss benefits available to any victim shall be determined pursuant to the provisions of the state no-fault plan for motor vehicle insurance, if any, in effect in the state in which the accident resulting in injury occurs.
      The Insurance Commissioner of Pennsylvania has adopted a regulation which provides, in part, as follows:
      A “state no-fault plan” is defined to be a plan which contains the following elements: (i) compulsory or mandatory automobile insurance, (ii) first party benefits, and (iii) a restriction on the right to bring action for noneconomic detriment, or a relevant change in the evidentiary rules of practice and proof with respect to these actions.
      Title 31, Pennsylvania Code, Section 66.41(b)(2).
      To the extent that this regulation precludes the applicability of a compulsory insurance law enacted by a sister state because it does not restrict the right to bring a common law action for damages, appellant seeks to have it declared invalid. Such a regulation, it is argued, is inconsistent with the intent of Section 110(c) of the Pennsylvania No-fault Act, contrary to public policy, and an unnecessary encroachment upon the conflict of laws rule applicable to the interpretation of contracts made in and regulated by another state.


source: Caselaw Access Project

author: WIEAND, Judge:

license: Public Domain

text:
    449 A.2d 42
    COMMONWEALTH of Pennsylvania, Appellant, v. Riley LARKINS, Jr., a/k/a Darrell Harris, Appellee.
    Superior Court of Pennsylvania.
    Argued Sept. 1, 1981.
    Filed Aug. 6, 1982.
    Petition for Allowance of Appeal Denied Dec. 3, 1982.

      Shad Connelly, Assistant District Attorney, Erie, for the Commonwealth, appellant.
    Camela Presogna, Erie, for appellee.
    Before WICKERSHAM, WIEAND and BECK, JJ.
   WIEAND, Judge:

Riley Larkins, Jr. was tried by jury and convicted of two counts of rape, two counts of robbery, three counts of assault and one count of criminal attempt. The charges arose out of three separate, early morning assaults on young women in Erie County during August, 1977. Prior to trial the court had granted a Commonwealth motion to consolidate the informations for trial, so that one trial included all charges arising from the three incidents. Following conviction, Larkins filed motions for new trial and in arrest of judgment. The court, sitting en banc, concluded that the informations had been improperly consolidated for trial and awarded a new trial. The Commonwealth appealed. We reverse.

On August 4, 1977, at approximately 2:30 a. m., Nancy Elizabeth Alexander was assaulted and raped by a black male who had entered her home at 156 West Second Street in the City of Erie while she was asleep in the living room. The assailant wore a stocking over his head which concealed his face. Ms. Alexander, therefore, was unable to identify Larkins as her attacker. However, she did testify that her assailant, who was wearing leather gloves, attacked her from behind and dragged her into the bedroom, where the forced sexual act took place. Following her attacker’s departure from the apartment, Ms. Alexander realized that her pocketbook was missing and had been taken.

On August 19, 1977, at approximately 5:00 a. m., Lorraine Griffin was returning to her home in the vicinity of Fifth and Liberty Streets in Erie. As she approached the front entrance to her home, she was attacked from behind by a black male wearing a leather glove. He grabbed her purse and dragged her into the back yard, where he removed her clothes and engaged in a struggle with her. He departed hastily when a neighbor with a gun entered the yard.

On August 26, 1977, at approximately 5:30 a. m., as she left for work from her apartment at 400 Joshua Drive in Erie, Mrs. Deborah Stahlman was assaulted from behind by a black man wearing a black leather glove. As he dragged her into a nearby field he told her that all he wanted was her purse. Nonetheless, he pulled down her slacks and undergarments and raped her. Mrs. Stahlman identified Riley Larkins as her assailant.

A subsequent search of Larkins’ apartment, conducted by members of the Erie and Millcreek Township Police Departments, together with a member of the Pennsylvania State Police, produced the pocketbooks of two of the victims. They were found in a hole in an attic crawl space immediately adjacent to and easily accessible from Larkins’ apartment. In conversation with Officer Wittenburg of the Millcreek Township Police Department and Trooper Lococo of the Pennsylvania State Police, Larkins admitted generally his involvement in a series of rapes which had occurred in the Erie area during the late summer of 1977. He admitted specifically the rape of Mrs. Stahlman. He further indicated that he had taken the purses of his victims, discarding some and retaining others.

As a general proposition, the grant or denial of a severance or the consolidation of charges for trial is a matter of discretion with the trial judge, and his decision will be reversed only for manifest abuse of discretion or prejudice to the defendant. Commonwealth v. Peterson, 453 Pa. 187, 193, 307 A.2d 264, 267 (1973); Commonwealth v. Patrick, 416 Pa. 437, 445, 206 A.2d 295, 298 (1965). The standard for exercising discretion in such matters was recently addressed by the Supreme Court in Commonwealth v. Morris, 493 Pa. 164, 425 A.2d 715 (1981). Noting that earlier decisions had evidenced a divergence of views among members of the Court concerning the circumstances under which consolidation was appropriate, the Court held that offenses may be joined or informations consolidated for trial where the separate offenses demonstrate an unusual or distinctive modus operandi. This appears where “ ‘crimes of the accused [are] so nearly identical in method as to earmark them as the handiwork of the accused.’ ” It requires more than the mere repeated commission of crimes of the same class. “ ‘The device used must be so unusual or distinctive as to be like a signature.’ ” Id., 493 Pa. at 176, 425 A.2d at 720, quoting from McCormick on Evidence, § 190, at 449 (2d Ed. 1972). Consequently, consolidation of charges is proper only where evidence of one offense would be relevant and admissible in a trial for the other even in the absence of joinder.

In Commonwealth v. Morris, supra, two robberies had occurred under similar circumstances in elevators of adjoining buildings in the same housing project. The robberies had taken place only five days apart at approximately the same time of day and involved women accompanied by small children. The perpetrator had demanded money from his victim, and in each instance had searched her undergarments for hidden money before escaping through a passageway into an adjoining housing project. Under these circumstances the Court found that “[t]he similarity in the timing, implementation and even the plan of escape of each robbery provides the distinctive and unusual modus operandi which would justify the conclusion that the perpetrator of one was the perpetrator of the other. It is difficult to conceive of any situation where the propriety of joinder could be clearer.” Id., 493 Pa. at 177, 425 A.2d at 721. Consolidation, therefore, was approved.

When we view the similarities of the three offenses for which appellant was tried in this case, we are persuaded that consolidation was proper. In each instance the charges arose from a combined assault, robbery and rape or attempted rape. All occurred within a period of approximately three weeks in August, 1977, during early morning hours. They took place within a three mile area, either in the City of Erie or immediately outside the city limits. In all three instances the victims were attacked from behind by an assailant who was black and wore leather gloves. The methods of assault were similar, for in each instance the mouth of the victim had been covered to prevent her from crying out and each had been physically struck and then dragged to another place where a sexual attack occurred. After each sexual assault, the purse of the victim was found to be missing; and two of them were found in appellee’s apartment. Finally, appellee admitted to having committed a series of rapes in August of 1977, following which, in each instance, he took the purse of his victim. Under these circumstances the similarities provided the “distinctive and unusual modus operandi which [justified] the conclusion that the perpetrator of one was the perpetrator of the other[s].” Commonwealth v. Morris, supra. Evidence of each was admissible to show a common plan, scheme or design which tended to identify the perpetrator of all. See Commonwealth v. Westerfer, 294 Pa.Super. 459, 440 A.2d 556 (1982); Commonwealth v. Kjersgaard, 276 Pa.Super. 368, 419 A.2d 502 (1980). Moreover, the evidence of each assault was not complex, and there has been no suggestion that consolidation caused the jury to be confused in weighing the evidence pertaining to each.

We hold, therefore, that the trial court’s order consolidating the informations was a proper exercise of discretion and that the court en banc erred when it awarded a new trial. The order of the court en banc is reversed, and the case is remanded for consideration of the remaining averments of error in appellant’s motion for new trial. Jurisdiction is not retained.

      . The prosecution may appeal an order granting a motion for a new trial where the question involved is one of law. Pa.R.A.P. 311(a)(5). See Commonwealth v. White, 482 Pa. 197, 199 n.2, 393 A.2d 447, 448—449 n.2 (1978). The question in the instant case is one of law, i.e., whether the informations were properly consolidated.

      . In Commonwealth v. Peterson, supra, a plurality of the Court determined that consolidation was proper so long as the evidence of each offense would be admissible at a trial of the other or the evidence was capable of separation by the jury so that the danger of confusion was not present. A Concurring Opinion by Justice Pomeroy would have restricted consolidation to those cases where evidence of one offense would be admissible as part of a common plan, scheme or design, at a trial of the other. The dissenting justices adhered to the view, accepted in the American Bar Association Standards Relating to Joinder and Severance, that where a defendant has been charged with separate and distinct offenses he should have a right to severance. Again in Commonwealth v. Lasch, 464 Pa. 573, 347 A.2d 690 (1975) (Opinion in Support of Affirmance) the Supreme Court affirmed an order consolidating indictments charging the defendant with a series of burglaries and related offenses in rural Mercer County. There, evidence of each offense would have been admissible at a separate trial of each. Furthermore, the evidence relating to each offense was relatively simple and the risk of confusing the jury minimal. However, the lines of division as to the proper standard remained apparent. Because of an inability prior to Morris, supra, to ascertain with certainty the Pennsylvania rule on consolidation, numerous decisions of the Superior Court employed a two prong test, combining the considerations presented as alternatives in Peterson, supra, and finding consolidation proper where (1) the facts and elements of the two crimes were easily separable in the minds of a jury; and (2) the crimes were such that the commission of one would be admissible as evidence in a separate trial for the other. See e.g., Commonwealth v. Finnegan, 280 Pa.Super. 584, 421 A.2d 1086 (1980); Commonwealth v. Vickers, 260 Pa.Super. 469, 394 A.2d 1022 (1978); Commonwealth v. Taylor, 259 Pa.Super. 484, 393 A.2d 929 (1978); Commonwealth v. Rhodes, 250 Pa.Super. 210, 378 A.2d 901 (1977); Commonwealth v. Jones, 242 Pa.Super. 303, 363 A.2d 1281 (1976); Commonwealth v. Terrell, 234 Pa.Super. 325, 339 A.2d 112 (1975); Commonwealth v. Irons, 230 Pa.Super. 56, 326 A.2d 488 (1974).


text:
    449 A.2d 45
    HARLEYSVILLE MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. Jean Miklavic SCHUCK, an individual, Appellee.
    Superior Court of Pennsylvania.
    Argued Aug. 31, 1981.
    Filed Aug. 6, 1982.

      Harvery W. Daniels, Monroeville, submitted a brief on behalf of appellant.

      Richard Uriek, Aliquippa, for appellee.
    Before WICKERSHAM, WIEAND and BECK, JJ.
   WIEAND, Judge:

If an insurer pays no-fault benefits to an uninsured owner/occupant of a motor vehicle pursuant to an assigned claim, may the insurer thereafter recover such payments in an action filed against the same, uninsured owner/occupant under Section 501 of the Pennsylvania No-fault Motor Vehicle Insurance Act? The trial court held that there could be no recovery and sustained preliminary objections in the nature of a demurrer to the insurer’s complaint. We reverse.

Jean Miklavic Schuck, the defendant-appellee, was injured when the vehicle which she owned and which she was operating was struck in the rear by another vehicle. As a result of injuries received in the accident, she incurred medical expenses of $365.00 and sustained a wage loss of $1,345.14. The vehicle which she owned and was operating was uninsured. Therefore, her claim for “basic loss benefits” was assigned to Harleysville Mutual Insurance Company, the plaintiff-appellant, under Section 108 of the Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. § 1009.108. After appellant had paid the claim, it commenced an action in assumpsit against appellee to recover the payments which it had made.

Section 501 of the Pennsylvania No-fault Motor Vehicle Insurance Act is unambiguous. It provides:

The obligor obligated to pay basic loss benefits for accidental bodily injury to a person occupying a motor vehicle, the owner of which is uninsured pursuant to this act or to the spouse or relative resident in the household of the owner or registrant of such motor vehicle, shall be entitled to recover all the benefits paid and appropriate loss or adjustments costs incurred from the owner or registrant of such motor vehicle or from his estate. The failure of the person to make payment within thirty days shall be grounds for suspension or revocation of his motor vehicle registration and operator’s license.

This section permits an insurer who has paid “basic loss benefits” to an occupant of an uninsured vehicle to recover the benefits so paid from the owner of the vehicle. In the instant case, the owner of the uninsured vehicle was also the occupant to whom basic loss benefits had been paid by the obligor-insurer. Because those benefits did not exceed the statutorily created threshold, a common law action against the third party tortfeasor could not be maintained. Under such circumstances, must the ultimate loss be borne by the insurer to whom the claim has been assigned or, as appellant urges, by the uninsured owner/operator who has failed to comply with the statutory mandate to purchase insurance coverage for his or her vehicle?

Appellee argues, and the trial court concluded, that the legislature could not reasonably have intended that the insurer be able to recover benefits paid to an uninsured owner/occupant because to allow such recovery would render illusory the payment of basic loss benefits. We disagree. A similar argument was rejected by Judge Kalish of the Court of Common Pleas of Philadelphia County in General Accident Group v. Doctorovitz, 13 Pa.D. & C.3d 630 (1979). We are indebted to him for an able opinion and are persuaded by his sage observations and comments.

Section 501 dictates clearly that an uninsured owner shall ultimately bear the risk of loss in an uninsured motorist claim. The legislative intent has been articulated clearly and unconditionally. The statutory language permits no exception. Under Section 501 the insurer obligated to pay a claim for “basic loss benefits” by an occupant of an uninsured vehicle “shall be entitled to recover . . . from the owner ... of such motor vehicle. ...” Liability of the owner of an uninsured motor vehicle under this section is absolute. See Kottler v. Rick, 12 Pa.D. & C.3d 316, 318 (C.P. Allegheny, 1979).

The liability imposed by this section, therefore, is broad enough to include those basic loss benefits which were paid, pursuant to the assigned claims plan of the Act, to appellee in the instant case. While such an interpretation of Section 501 may appear, at first blush, to take away benefits granted by another part of the Act, we are constrained to conclude that the only construction consistent with the intended purpose of the no-fault scheme is one which uniformly places the ultimate risk of loss upon the uninsured owner.

The effect of a contrary interpretation would be to permit the owner/operator of an uninsured motor vehicle to benefit permanently from a law whose requirements he or she deliberately chose to disobey. The legislative no-fault scheme, as announced in the very title of the Act, is to require “insurance for all motor vehicles .... registered in Pennsylvania. ...” If an owner fails to comply with this requirement, it is logical and reasonable that he or she should ultimately be assessed for the amount of the actual loss. Such an interpretation is consistent with the legislative intent announced in Section 301(a) that “(1) An owner of a motor vehicle involved in an accident remains liable if, at the time of the accident, the vehicle was not a secured vehicle.” It would be incongruous to allow an uninsured owner who also happens to be an occupant of his or her uninsured vehicle to receive permanently those benefits which insured owners attain by purchasing the insurance coverage mandated by the statute. Similarly, it is nonsensical to allow an uninsured owner/occupant to escape liability which has been unequivocally established for uninsured owners and to which he or she would be required to respond if the occupant were another person.

The rationale for requiring an insurer to pay an occupant’s claim for basic loss benefits before ultimate liability has been determined seems clear. Compensating an injured victim of a vehicular accident is a paramount purpose of the legislatively adopted no-fault scheme. Thus, an injured victim, even if he or she is an uninsured owner, can receive “prompt and comprehensive professional treatment” and thus be rehabilitated and returned as a productive member of society as quickly as possible. See Section 102(a)(9) of the No-fault Act, 40 P.S. § 1009.102(a)(9). Only after this purpose has been accomplished does the statute permit a determination of ultimate liability.

Section 501, when thus interpreted, puts the uninsured owner/occupant ultimately in the position he would have been in “without the benefit of the act and restores the insurance company, who is entitled to a measure of predictability, to its position prior to the assigned claim.” General Accident Group v. Doctorovitz, supra at 635.

The construction which we have placed on Section 501, to recapitulate, is recommended by the following considerations: (1) it prevents an uninsured owner/operator from receiving a windfall by virtue of his or her defiance of the statutory mandate that all vehicles be insured; (2) it benefits, or at least treats fairly, those insured motorists whose compliance with the No-fault Act by the payment of premiums for the mandated insurance coverage makes the no-fault system possible; (3) it aids in deterring owners of motor vehicles from refusing to provide insurance coverage which has been mandated by the legislature and thereby encourages that compliance with the statute which makes the no-fault scheme possible; and (4) it places the risk of loss upon those who have deliberately refused to comply with the statute while guaranteeing that even such persons will receive prompt and comprehensive professional treatment if injured in a vehicular accident.

Reversed and remanded for further proceedings consistent with this opinion.

      . Act of July 19, 1974, P.L. 489, No. 176, § 501, 40 P.S. § 1009.501.

      . See 40 P.S. § 1009.301(a)(5).


text:
    July 2, 1982.
    448 A.2d 1143
    Beneficial Cons. Disct. Co. v. Anderson, Appellant.
    Submitted November 14, 1980.
    Dennis J. Stefanik, for appellant;
    Robert N. Clarke, for appellee.
    Before CERCONE, P. J., WIEAND and JOHNSON, JJ.
   The order of August 30, 1977, is affirmed.

WIEAND, J., filed a memorandum concurring statement.

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


text:
    448 A.2d 1144
    Brennan v. Jones, Appellant.
    Petition for Allowance of Appeal Denied Sept. 13, 1982.
    Argued March 29, 1982.
    Charles M. Bogdanoff, for appellant;
    Richard L. Polin, for appellee.
    Before WIEAND, McEWEN and POPOVICH, JJ.
   Judgment affirmed.


text:
    448 A.2d 1144
    Commonwealth v. Bederka, Appellant.
    Petition for Allowance of Appeal Denied Oct. 13, 1982.
    Argued April 27, 1982.
    Daniel Webster, Assistant Public Defender, for appellant;
    Charles Zebley, Special Deputy Attorney General, for Commonwealth, appellee.
    Before ROWLEY, BECK and MONTEMURO, JJ.
   Order affirmed.


text:
    448 A.2d 1144
    Commonwealth v. Botzum, Appellant.
    Petition for Allowance of Appeal Denied Oct. 13, 1982.
    Submitted March 3, 1982.
    Richard J. Gray, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before WIEAND, BECK and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1144
    Commonwealth v. Cloud, Appellant.
    Submitted May 11, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin Bart-hold, Assistant District Attorney, for Commonwealth, appellee.
    Before MONTEMURO, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1145
    Commonwealth v. Donaldson, Appellant.
    Submitted September 15, 1981.
    Oscar N. Gaskins, for appellant;
    Charles M. Guthrie, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WATKINS and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., concurred in the result.


text:
    448 A.2d 1145
    Commonwealth v. Forrest, Appellant.
    Submitted March 30, 1982.
    Regina B. Guerin, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, McEWEN and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1145
    Commonwealth v. Gay, Appellant.
    Argued April 21, 1982.
    Malcolm W. Berkowitz, for appellant;
    Eric I. B. Beller, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BROSKY and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1146
    Commonwealth v. Gedid, Appellant.
    Submitted September 28, 1981.
    Michael D. Foglia, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1146
    Commonwealth v. Gibson, Appellant.
    Argued December 8, 1981.
    J. Brian Johnson, Assistant Public Defender, for appellant;
    Jane Roach, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and BECK, JJ.
   The judgment of sentence is affirmed.


text:
    448 A.2d 1146
    Commonwealth v. Glasshofer, Appellant.
    Petition for Allowance of Appeal Denied Jan. 19, 1983.
    Submitted September 15, 1981.
    Norris E. Gelman, for appellant;
    Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WATKINS and VAN der VOORT, JJ.
   Order affirmed.

CAVANAUGH, J., concurred in the result.


text:
    448 A.2d 1147
    Commonwealth v. Harris, Appellant.
    Submitted December 15, 1981.
    Timothy A. Crawford, Jr., for appellant;
    Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1147
    Commonwealth v. Johnston, Jr., Appellant.
    Petition for Allowance of Appeal Denied Jan. 7, 1983.
    Submitted December 5, 1980.
    Hiram R. Johnston, Jr., appellant, in propria persona;
    Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., HESTER and WIEAND, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    448 A.2d 1147
    Commonwealth v. Martinez, Appellant.
    Petition for Allowance of Appeal Denied Oct. 13, 1982.

      Argued November 5, 1981.
    James T. Vernile, for appellant;
    Sarah Vandenbraak, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1147
    Commonwealth v. Mason, Appellant.
    Submitted September 15, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WATKINS and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1148
    Commonwealth v. Miller, Appellant.

      Submitted March 31, 1982.
    James Joseph Fritz, for appellant;
    Edward F. Browne, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, McEWEN and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1148
    Commonwealth v. Tyler, Appellant.
    Submitted December 7, 1981.
    Vincent T. Snyder, for appellant;
    Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, MONTGOMERY and LIPEZ, JJ.
   The order of the court is affirmed.


text:
    448 A.2d 1148
    Commonwealth v. Uhlig, Appellant.

      Submitted September 28, 1981.
    John W. Peck, II, for appellant;
    Albert M. Nichols, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1149
    Financial Advisory Serv. v. Alberti, Inc., Appellant.
    Argued May 12, 1982.
    William P. Fedullo, for appellant;
    Samuel M. Liebman, for appellee.
    Before CIRILLO, MONTEMURO and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1149
    Hunt v. Hunt, Appellant.
    Argued May 20, 1982.
    Robert N. Clarke, for appellant;
    Lucinda A. Bush, for appellee.
    Before ROWLEY, MONTEMURO and VAN der VOORT, JJ.
   Appeal quashed.


text:
    448 A.2d 1149
    Reiser, Appellant v. State Farm Insurance.
    Argued May 25, 1982.
    Francis T. Flannery, for appellant;
    Frederic David Rubin, for appellee.
    Before BROSKY, WIEAND and BECK, JJ.
   Order affirmed.


text:
    July 9, 1982.
    448 A.2d 1149
    Commonwealth v. Carr, Appellant.
    Submitted December 1, 1981.
    Robert Niels Tarman, Public Defender, for appellant;
    William A. Behe, Deputy District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1150
    Commonwealth v. Hailstock, Appellant.

      Submitted September 30, 1981.
    Jesse E. Shearin, Jr., for appellant;
    Samuel J. Orr, IV, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1150
    Commonwealth v. Henson, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Argued April 7, 1982.
    Daniel M. Preminger, for appellant;
    Nancy D. Wasser, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1150
    Commonwealth v. Hill, Appellant.
    Submitted June 22, 1981.

      John J. D’Angelo, for appellant;
    Gaele McLaughlin Bart-hold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Order affirmed.


text:
    448 A.2d 1151
    Commonwealth v. James, Appellant.
    Submitted May 3, 1982.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Steven J. Cooperstein, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, ROWLEY and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1151
    Commonwealth v. Jennings, Appellant.
    Submitted September 9, 1981.
    Joseph T. Kelley, Jr., for appellant;
    Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   The judgment of sentence is affirmed.

POPOVICH, J., filed a memorandum concurring and dissenting opinion.


text:
    453 A.2d 22
    Commonwealth v. Jordan, Appellant.
    Reargument Denied Dec. 30, 1982.
    Argued March 3, 1982.
    Kalvin Kahn, for appellant;
    Nancy Dena Wasser, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, BECK and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1151
    Commonwealth v. Ladika, Appellant.
    Petition for Allowance of Appeal Denied Nov. 30, 1982.
    Submitted May 12, 1982.
    Edward Guido, Public Defender, for appellant;
    Edgar Bayley, Jr., District Attorney, for Commonwealth, appellee.
    Before CIRILLO, MONTEMURO and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1151
    Commonwealth v. Martin, Appellant.
    Petition for Allowance of Appeal Denied Nov. 9, 1982.
    Submitted June 22, 1981.
    James S. Sorrentino, for appellant;
    Michael J. Ranck, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Order affirmed.


text:
    448 A.2d 1152
    Commonwealth v. Rios, Appellant.
    Argued June 24, 1981.

      Anthony C. Santore, for appellant;
    Michael Vedomsky, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before HESTER, CAVANAUGH and DiSALLE, JJ.

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

   Orders dated November 8, 1978 and July 14, 1980 are hereby affirmed.


text:
    448 A.2d 1152
    Commonwealth v. Rosencrans, Appellant.
    Submitted June 23, 1981.
    Joseph F. Sklarosky, Assistant Public Defender, for appellant;
    Chester B. Muroski, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1152
    Commonwealth v. Thompson, Appellant. Commonwealth v. Crocetto, Appellant.
    Petition for Allowance of Appeal Denied Feb. 3, 1983.

      Argued November 4, 1981.
    D. M. Masciantonio, for Thompson, appellant (at No. 1582);
    Francis R. Lord, for Crocetto, appellant (at No. 1583); Rex R. Gary, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BECK and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1153
    Commonwealth v. Treadwell, Appellant.
    Submitted March 12, 1979.
    Bruce D. Foreman, for appellant;
    Marion E. MacIntyre, Second Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., WIEAND and HOFFMAN, JJ.
   The order of the lower court is affirmed.

HOFFMAN, J., concurred in the result.


text:
    448 A.2d 1153
    Commonwealth v. Vitucci, Appellant.

      Submitted February 17, 1982.
    Robert F. Pappano, Assistant Public Defender, for appellant;
    David E. Fritchey, Deputy District Attorney, for Commonwealth, appellee.'
    Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.

MONTEMURO, J., concurred in the result.


text:
    448 A.2d 1153
    Commonwealth v. Wagner, Appellant.
    Argued April 14, 1981.
    W. Richard Cowell, for appellant;
    Barbara Mallett, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.

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

   Judgment of sentence affirmed.


text:
    448 A.2d 1154
    Cross v. Cross, Appellant.

      Submitted February 8, 1982.
    Donald W. Grieshober, for appellant;
    Robert J. Kelleher, for appellee.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Order affirmed.

BROSKY, J., concurred in the result.


text:
    448 A.2d 1154
    Finley, Appellant v. Hughes and City of Philadelphia. Appeal of City of Philadelphia. Hughes, et al., Appellants v. Finley et al.
    Submitted September 13, 1979.
    Barry J. Grossman, Assistant City Solicitor, for City of Phila., appellant (at Nos. 347 and 348) and appellee (at Nos. 351 and 352);
    Johathan D. Herbst, for Finley, appellant (at Nos. 351 and 352) and appellee (at Nos. 347, 348 and 408);
    Sidney I. Leabman, for Hughes, et al., appellants (at No. 408) and for Hughes, appellee (at Nos. 347, 348, 351 and 352).
    Before CERCONE, P. J., WATKINS and LIPEZ, JJ.
   Judgment and orders affirmed.


text:
    448 A.2d 1154
    Harrell, Appellants v. United Natl. Ins. Co., et al.
    Argued December 4, 1980.
    Allen L. Feingold, for appellants;
    Richard S. March, for appellees.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    448 A.2d 1155
    In re Jamie Halliday, a minor. Appeal of Children and Youth Services of Allegheny County.
    Petition for Allowance of Appeal Granted Feb. 23, 1983.
    Argued September 29, 1981.
    Cheryl A. Craig, Assistant City Solicitor, for appellant;
    Robert E. Praksti, for appellee.
    Before CAVANAUGH, MONTEMURO and VAN der VOORT, JJ.
   Order affirmed.

MONTEMURO, J., concurred in the result.


text:
    448 A.2d 1155
    In the interest of Zonenstein, etc. Appeal of Julie K. Zonenstein, a minor.
    Submitted March 8, 1982.
    John J. Fioravanti, Assistant Public Defender, for appellant;
    Stephen B. Harris, Assistant District Attorney, for Commonwealth, participating party.
    Before WICKERSHAM, CIRILLO and LIPEZ, JJ.
   Order affirmed.

LIPEZ, J., filed a memorandum dissenting statement.


text:
    448 A.2d 1155
    Jackson, Appellant v. Phillips.
    Petition for Allowance of Appeal Granted Jan. 7, 1983.
    Argued April 27, 1982.
    Kenneth Behrend, for appellant;
    John George Shorall, II, for appellees.
    Before ROWLEY, BECK and MONTEMURO, JJ.
   Order affirmed.


text:
    448 A.2d 1155
    Lukachyk, Appellant v. Port Authority, etc.
    Argued February 10, 1982.
    Saul Davis, for appellant;
    Albert G. Feczko, for appellee.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Judgment affirmed.

POPOVICH, J., concurred in the result.


text:
    450 A.2d 754
    Miller, Appellant v. Miller.
    Reargument Denied Sept. 30, 1982.
    Petition for Allowance of Appeal Denied Nov. 30, 1982.
    Argued February 9, 1982.
    Edward J. Greene, for appellant;
    Leo M. Stepanian, for appellee.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Judgment affirmed.


text:
    448 A.2d 1156
    Mauta, Appellant v. Gettz and Long.
    Petition for Allowance of Appeal Denied Jan. 7, 1983.
    Argued December 1,1980.
    Hal F. Doig, for appellant; Daniel Sherry, for Gettz, appellee;
    Michael J. Pepe, Jr., for Long, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Appellant’s Petition to Remit the Record for a Hearing on After-Discovered Evidence is hereby denied and the Judgment of the Court of Common Pleas of Delaware County is affirmed.


text:
    448 A.2d 1156
    Rafn v. Rafn, Appellant.
    Argued May 3, 1982.
    George A. Hahalis, for appellant;
    Richard J. Shiroff, for appellee.
    Before SPAETH, ROWLEY and CIRILLO, JJ.
   Order affirmed.


text:
    448 A.2d 1156
    West et al., Appellants v. Thomas Jeff. Hospital et al.
    Petition for Allowance of Appeal Denied Oct. 7, 1982.
    Argued May 3, 1982.
    Arnold F. Laikin, for appellants;
    William V. Coleman, for appellees.
    Before SPAETH, ROWLEY and CIRILLO, JJ.
   Order affirmed.


text:
    July 16, 1982.
    450 A.2d 754
    Abramson, etc. v. Rothman, et al. Appeal of Lee Rothman.
    Reargument Denied Sept. 30, 1982.
    Petition for Allowance of Appeal Denied Dec. 14, 1982.
    Argued March 9, 1982.
    Charles W. Craven, for appellant;
    Martin M. Krimsky, for Abramson, appellee; Albert L. Bricklin, for Quaker, appellee.
    Before WICKERSHAM, CIRILLO and LIPEZ, JJ.
   Judgment affirmed.


text:
    449 A.2d 759
    Al Schwartz Pontiac, Appellant, v. Blank.
    Argued March 16, 1982.
    Edward A. Witt, for appellant;
    Robert H. Somerton, for appellee.
    Before SPAETH, JOHNSON and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1157
    Commonwealth v. Barto, Appellant.
    Petition for Allowance of Appeal Denied Nov. 9, 1982.
    Argued November 6, 1981.
    Michael J. Casale Jr., for appellant;
    Kenneth D. Brown, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before CAVANAUGH, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1157
    Commonwealth v. Bishop, Appellant.

      Submitted February 17, 1981.
    Barry S. Yaches, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Order affirmed.


text:
    448 A.2d 1157
    Commonwealth v. Conway, Appellant.
    Argued December 1, 1980.
    Frank P. Murphy, for appellant;
    Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    448 A.2d 1157
    Commonwealth v. Evertsz, Appellant.

      Submitted March 17, 1981.
    Thomas D. Heberle, for appellant;
    Paul J. Susko, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1158
    Commonwealth v. Hallberg, Appellant.
    Submitted April 16, 1980.
    Dennis B. Rafferty, for appellant;
    Walter S. Vuckovich, District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1158
    Commonwealth v. Harris, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Submitted October 28, 1981.
    Richard S. Levine, for appellant;
    Stella L. Smetanka, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    448 A.2d 1158
    Commonwealth v. Hines, Appellant.
    Submitted February 9, 1981.
    William Hines, appellant, in propria persona;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., BROSKY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1158
    Commonwealth v. Johnson, Appellant.
    Petition for Allowance of Appeal Denied Oct. 8, 1982.
    Submitted October 28, 1981.
    Richard S. Levine, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1159
    Commonwealth v. Keller, Appellant.
    Submitted February 22,1982.
    Peter T. Campana, for appellant;
    Dean N. Livermore, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1159
    Commonwealth v. Lee, Appellant.
    Submitted February 9, 1982.
    John H. Corbett, Public Defender, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1159
    Commonwealth v. Martin, Appellant.

      Submitted January 6, 1982.
    Dennis C. Pfannenschmidt, for appellant;
    David Edward Grine, District Attorney, for Commonwealth, appellee.
    Before SPAETH, CAVANAUGH and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1159
    Commonwealth v. Owens, Appellant.
    Submitted March 18, 1981.
    Douglas J. Wright, for appellant; Michael Veshecco, District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1160
    Commonwealth v. Pellot, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1982.

      Argued March 2, 1982.
    Stephen C. Hurvitz, for appellant; Mark S. Gurevitz, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, BECK and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1160
    Commonwealth v. Reese, Appellant.
    Submitted May 4, 1981.
    Harry L. Green, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., SPAETH and CAVANAUGH, JJ.
   Order affirmed.


text:
    448 A.2d 1160
    Commonwealth v. Strohecker, Appellant.
    Submitted June 13, 1980.
    Robert L. Van Hoove, for appellant; J. Michael Morrissey, District Attorney, for Commonwealth, appellee.

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


text:
    448 A.2d 1161
    Commonwealth v. Turner, Appellant.
    Petition for Allowance of Appeal Denied Oct. 8, 1982.
    Submitted October 26, 1981.
    Paulette J. Balogh, for appellant; Stella L. Smetanka, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1161
    Commonwealth v. Waller, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Submitted October 28, 1981.
    Richard S. Levine, for appellant; Dara De-Courcy, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    448 A.2d 1161
    Commonwealth ex rel. Donner v. Donner, Appellant.
    Argued April 1, 1981.
    Marvin L. Wilenzik, for appellant; Bonnie Smith Moses, for appellee.
    Before CERCONE, P. J., HESTER and JOHNSON, JJ.
   The order of the lower court is affirmed.


text:
    448 A.2d 1161
    Getty v. Ajax. Appeal of Ajax Manufacturing Corp. of Wisconsin.
    Submitted February 9, 1982.
    Fred W. Dunton, for appellant; John M. Feeney, for appellees.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Order affirmed.


text:
    448 A.2d 1162
    Inverso v. Prudence Restaurant, Appellant.
    Argued February 10, 1982.
    Charles Bobinis, for appellant; Robert A. Arcovio, for appellee.
    Before BROSKY, CIRILLO and POPOVICH, JJ.
   Order affirmed.


text:
    448 A.2d 1162
    Keller v. Continental Casualty Co., et al. Appeal of Continental Casualty Company.
    Argued December 2, 1980.
    Richard A. Bausher, for appellant; Robert I. Cottom, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    448 A.2d 1162
    Kulp et. vir., Appellants v. City of Lancaster, et al.

      Argued February 22, 1982.
    Thomas A. Dittoe, for appellants; George C. Werner, for City of Lancaster, appellee.
    Before SPAETH, BROSKY and BECK, JJ.
   Order affirmed.


text:
    448 A.2d 1162
    Nat’l Free Lance Photo Assn., Appellant v. Hertz, et al.
    Petition for Allowance of Appeal Denied Oct. 7, 1982.
    Argued December 7, 1981.
    Anthony J. Mazullo, Jr., for appellant; John J. Hart and Katherine Hatton, for appellees.
    Before CAVANAUGH, McEWEN and BECK, JJ.
   Decree affirmed.

McEWEN, J., filed a memorandum concurring opinion.


text:
    448 A.2d 1163
    Pierson v. Farmbry, Appellant.
    Submitted May 10, 1982.
    Nicholas J. Lisi, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, CIRILLO and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1163
    Tarasi et al., Appellants v. Flynn.
    Submitted October 13, 1981.
    Robert N. Isacke, Jr., for appellants; Michael B. Kaleugher, for appellee.
    Before HESTER, JOHNSON and MONTEMURO, JJ.
   Order affirmed.


text:
    July 23, 1982.
    448 A.2d 1163
    Andrews, Appellant v. Vickless etc., et al.
    Argued May 1, 1981.
    P. Jerome Richey, for appellant; John C. Carlin, Jr., for appellees.
    Before POPOVICH, MONTGOMERY and HOFFMAN, JJ.
   Order affirmed.


text:
    448 A.2d 1163
    Burla, Inc., Appellant v. Lagrotteria et al.
    Argued October 26, 1981.
    Robert W. Goehring, for appellant; Jon Geoffrey Hogue, for Lagrotteria, appellee; and Herman C. Kimpel, for Richey, appellee.
    Before SPAETH, HESTER and JOHNSON, JJ.
   Order affirmed.


text:
    448 A.2d 1164
    Commonwealth v. Beach, Appellant.
    Submitted October 26, 1981.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and JOHNSON, JJ.
   The order of July 24, 1980 is affirmed.


text:
    448 A.2d 1164
    Commonwealth v. Blose, Appellant.
    Petition for Allowance of Appeal Denied Nov. 9, 1982.

      Argued December 15, 1981.
    Keith L. Kilgore, for appellant; William Thurston, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1164
    Commonwealth v. Brennan, Appellant.
    Argued June 23, 1981.
    Abraham J. Golden, for appellant; Michele G. Lehr, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and DiSALLE, JJ.
   Judgment of sentence affirmed.

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


text:
    448 A.2d 1165
    Commonwealth v. Brunner, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1982.

      Submitted January 5, 1982.
    Douglas M. Johnson, Public Defender, for appellant; Ronald Thomas Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, CAVANAUGH and MONTEMURO, JJ.
   The judgment of sentence is affirmed.


text:
    448 A.2d 1165
    Commonwealth v. Cardona, Appellant.
    Petition for Allowance of Appeal Denied Oct. 18, 1982.
    Submitted March 24, 1982.
    Anthony S. Federico, for appellant; William A. Behe, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1165
    Commonwealth v. Carter, Appellant.
    Petition for Allowance of Appeal Denied Oct. 29, 1982.

      Submitted February 16, 1982.
    Charles L. Pelletreau, for appellant; Jane Culter Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1165
    Commonwealth v. Collier, Appellant.
    Argued March 23, 1982.
    Allen H. Smith, for appellant; Sheryl Ann Dorney, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1166
    Commonwealth v. Corbin, Appellant.

      Submitted January 12, 1982.
    Richard S. Levine, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, BECK and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1166
    Commonwealth v. Costanzo, Appellant.
    Submitted April 5, 1982.
    Michael R. Muth, Public Defender, for appellant; James R. Marsh, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1166
    Commonwealth v. Cunrod, Appellant.
    Submitted September 10, 1981.
    Henry C. Haefner, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1167
    Commonwealth v. Dancey, Appellant.
    Submitted March 30, 1982.
    Mary McNeill Greenwell, for appellant; David Dacosta, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, McEWEN and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1167
    Commonwealth v. Davis, Appellant.
    Submitted June 13, 1980.
    Harry R. Seay, for appellant; Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1167
    Commonwealth v. Federico, Jr., Appellant.
    Submitted March 24, 1982.
    Anthony S. Federico, appellant, in propria persona; Sheryl Ann Dorney, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Order affirmed.


text:
    448 A.2d 1167
    Commonwealth v. Foster, Appellant.
    Submitted October 26, 1981.
    Timothy J. McCormick, Assistant Public Defender, for appellant; Albert M. Nichols, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and JOHNSON, JJ.
   The judgment of sentence affirmed.


text:
    448 A.2d 1168
    Commonwealth v. Gaus, Appellant.
    Petition for Allowance of Appeal Denied Nov. 15, 1982.
    Submitted December 2, 1981.
    Douglas W. Herman, for appellant; John R. Walker, District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1168
    Commonwealth v. Giamoni, Jr., Appellant.
    Submitted February 17, 1982.
    Herbert Y. Giobbi, for appellant; Christopher T. Spadoni, Assistant District Attorney, for Commonwealth, appellee.
    Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1168
    Commonwealth v. Goldberg, Appellant.
    Submitted March 29, 1982.
    Ira Mark Goldberg, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before. WIEAND, McEWEN and POPOVICH, JJ.
   Order affirmed.


text:
    448 A.2d 1169
    Commonwealth v. Gonzalez, Appellant.
    Submitted September 9, 1981.
    James J. Phelan, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1169
    Commonwealth v. Henry, Appellant.

      Submitted February 3, 1982.
    Hamlin W. Neely, for appellant; William H. Platt, District Attorney for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and McEWEN, JJ.
   The judgmént of sentence of the learned Lehigh County Common Pleas Court Judge Kenneth H. Koch is affirmed.


text:
    448 A.2d 1169
    Commonwealth v. Hill a/k/a Hood, Appellant.
    Submitted September 9, 1981.
    Timothy H. Knauer, for appellant; Donald Mancini, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Order affirmed.


text:
    448 A.2d 1169
    Commonwealth v. McCarr, Appellant.

      Submitted March 24,1982.
    Thomas McCarr, appellant, in propria persona; Marion E. Mac Intyre, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Order affirmed.


text:
    448 A.2d 1170
    Commonwealth v. Howe, Jr., Appellant.
    Argued February 17, 1982.
    Raymond J. Falzone, Jr., for appellant; Joseph A. Smyth, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Affirmed.


text:
    448 A.2d 1170
    Commonwealth v. Howell, Appellant.
    Petition for Allowance of Appeal Denied Oct. 8, 1982.
    Submitted September 21, 1981.
    Arthur K. Dils, for appellant; William A. Behé, Deputy District Attorney, for Commonwealth, appellee.
    Before BROSKY, McEWEN and BECK, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1170
    Commonwealth v. Jacobs, Appellant.
    Submitted April 6, 1982.
    Karen Deanna Williams, for appellant; Jane Culter Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1171
    Commonwealth v. Jones, Appellant.
    Submitted March 24, 1982.
    Susan Claire DeYoung, Assistant Public Defender, for appellant; William A. Behe, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1171
    Commonwealth v. Jones, Appellant.
    Submitted March 23, 1982.
    Marilyn C. Zilli, Assistant Public Defender, for appellant; William A. Behe, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1171
    Commonwealth v. Kahley, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Submitted September 9, 1981.
    Leonard J. Gajewski, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Order denying post conviction relief is hereby affirmed.


text:
    448 A.2d 1171
    Commonwealth v. Kibler, Appellant.
    Argued April 13, 1981.
    Richard S. Levine, for appellant; Dara A. DeCourci, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Judgment of sentence affirmed.

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


text:
    450 A.2d 754
    Commonwealth v. Kight, Appellant.
    Reargument Denied Oct. 7, 1982.
    Petition for Allowance of Appeal Denied Feb. 23, 1983.
    Argued September 30, 1981.
    Dennis J. Clark, for appellant; Vincent J. Quatrini, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1172
    Commonwealth v. Lawson a/k/a Haze, Appellant.
    Before BECK, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1172
    Commonwealth v. Marlowe, Appellant.
    Petition for Allowance of Appeal Denied Nov. 19, 1982.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., filed a memorandum dissenting statement.


text:
    448 A.2d 1172
    Commonwealth v. Mazuch, Appellant.
    Argued January 28, 1981.
    David L. Shenkle, for appellant; Michael S. Goodwin, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1173
    Commonwealth v. Meck, Appellant.
    Submitted September 9, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1173
    Commonwealth v. Morgan, Appellant.

      Submitted October 15, 1981.
    Paulette J. Balough, Assistant Public Defender, for appellant; Dara DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, JOHNSON and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1173
    Commonwealth v. Richardson, Appellant.
    Petition for Allowance of Appeal Denied Nov. 3, 1982.
    Argued June 22, 1981.
    Bruce D. Foreman, for appellant; William A. Behe, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, JOHNSON and SHERTZ, JJ.
   Judgment of sentence affirmed.

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


text:
    448 A.2d 1173
    Commonwealth v. Snowden, Appellant.
    Petition for Allowance of Appeal Denied Dec. 6, 1982.

      Submitted March 22, 1982.
    Douglas W. Herman, Assistant Public Defender, for appellant; John R. Walker, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1174
    Commonwealth v. Thomas, Appellant.
    Submitted December 7, 1981.
    Ronald J. Harper, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, MONTGOMERY and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1174
    Commonwealth v. Tilburg, Appellant.
    Petition for Allowance of Appeal Denied Oct. 19, 1982.

      Argued October 26, 1981.
    H. David Roth-man, for appellant; William B. Martin, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and JOHNSON, JJ.
   The judgment of sentence is hereby affirmed.


text:
    448 A.2d 1174
    Commonwealth v. Tribble, Appellant.
    Petition for Allowance of Appeal Granted Sept. 28, 1982.
    Submitted February 23, 1982.
    Douglas M. Johnson, Public Defender, for appellant; Joseph John Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1175
    Commonwealth v. Turner, Appellant.
    Petition for Allowance of Appeal Denied Oct. 8, 1982.
    Submitted May 20, 1981.
    David G. Metinko, Assistant Public Defender, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1175
    Commonwealth v. Waters, Appellant.
    Petition for Allowance of Appeal Denied Oct. 8, 1982.
    Submitted May 3, 1982.
    Jack J. Bulkin, for appellant; Jane C. Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, ROWLEY and CIRILLO, JJ.
   Order affirmed.


text:
    448 A.2d 1175
    Commonwealth v. Weichman, Appellant.
    Argued February 16, 1982.
    William G. Sherr, for appellant; Richard R. Tomsho, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.

      Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1175
    Commonwealth v. Wilson, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1982.
    Submitted September 9, 1981.
    Austin McGreal, for appellant; Sarah B. Vandenbraak, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1176
    Commonwealth v. Witmer, Appellant.
    Petition for Allowance of Appeal Denied Feb. 23, 1983.
    Submitted March 23, 1982.
    Blake E. Martin, Public Defender, for appellant; Frederic G. Antoun, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1176
    Commonwealth ex rel., Coco, Appellant v. Coco.
    Argued April 14, 1980.
    Robert C. Hillen, for Commonwealth, appellant; Douglas G. Linn, II, submitted a brief on behalf of appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   The order of the Court of Common Pleas of Butler County is affirmed.


text:
    448 A.2d 1176
    Criste et ux. v. Green Mansion Inc., Appellant.
    Submitted November 4, 1981.
    Thomas E. Wood, for appellant; R. Stephen Shibla, for appellees.
    Before BROSKY, POPOVICH and MONTGOMERY, JJ.
   Order affirmed.


text:
    448 A.2d 1177
    Fritzinger, Appellants v. Pellegrino et al.

      Argued September 16, 1981.
    John P. Thomas, submitted a brief on behalf of appellants; William E. Ford, for Pellegrino, appellee; Kent H. Herman, submitted a brief on behalf of State Auto. Mut. Ins. Co., appellee; David Schwartz, did not file a brief on behalf of Miller, appellee.
    Before CAVANAUGH, DiSALLE and WATKINS, JJ.
   Judgment affirmed.

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


text:
    448 A.2d 1177
    Gaertner, Appellant v. Smith, Inc.
    Petition for Allowance of Appeal Denied Jan. 7, 1983.
    Argued May 19, 1982.
    John F. Becker, for appellant; Robert C. Little, for appellee.
    Before HESTER, McEWEN and JOHNSON, JJ.
   The judgment is affirmed.


text:
    448 A.2d 1177
    Gagnon, Appellant v. Gagnon.

      Argued June 8, 1982.
    Joel Cardis, for appellant; Richard T. Abell, for appellee.
    Before CAVANAUGH, ROWLEY and WATKINS, JJ.
   Order affirmed.


text:
    448 A.2d 1177
    Gerrero, Appellant v. United Gilsonite Lab.
    Petition for Allowance of Appeal Denied Jan. 14, 1983.
    Argued October 13, 1981.
    James R. Duffy, for appellant; James F. Malone, III, for appellees.
    Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.
   Judgment affirmed.


text:
    448 A.2d 1178
    Hoffman v. Hoffman, Appellant.
    Argued May 20, 1982.
    Charles Paul Voelker, submitted a brief on behalf of appellant; Sanford P. Gross, for appellee.
    Before HESTER, McEWEN and JOHNSON, JJ.
   The order of August 20, 1981 is affirmed.


text:
    448 A.2d 1178
    Holley et al. v. Wagner. Appeal of Linda Holley.
    Argued March 23, 1982.
    Stephen D. Converse, for appellant; J. Christian Ness, submitted a brief on behalf of appellee.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Judgment and order affirmed.


text:
    448 A.2d 1178
    In re Estate of Brindle. Appeal of Laird.
    Argued March 23, 1982.
    Richard Scott Wilt, for appellant; Thomas H. Humelsine, for participating parties.
    Before WICKERSHAM, ROWLEY and WATKINS, JJ.
   Order affirmed.


text:
    448 A.2d 1178
    Lowe v. Davis & Country Properties Inc., Appellants.

      Argued November 4, 1981.
    Paul A. Barrett, for appellants; Theodore J. Gregor, for appellees.
    Before BROSKY, POPOVICH and MONTGOMERY, JJ.
   Order affirmed.


text:
    448 A.2d 1179
    McClinton etc. v. White, etc. Appeal of Barbara White, Administratrix of the Estate of James C. McClinton, Jr., Deceased.
    Argued November 14, 1979.
    Samuel C. Holland, for appellant; Robert J. Campbell and John A. Miller, for appellees.
    Before CERCONE, P. J., MONTGOMERY and LIPEZ, JJ.
   Order affirmed.


text:
    448 A.2d 1179
    Nole v. Chrysler Corp. et al. Appeal of Chrysler Corporation.
    Argued November 6, 1981.
    Paul A. Barrett, for appellant; Todd O’Malley, for appellee.
    Before SPAETH, BECK and LIPEZ, JJ.
   The order of the court is affirmed.


text:
    448 A.2d 1179
    O’Connell v. Haverford Twnshp. t/a Skatium, Appellant.
    Argued January 26, 1982.
    James F. Proud, for appellant; Stephen A. McBride, for appellee.
    Before WIEAND, CIRILLO and POPOVICH, JJ.
   Judgments affirmed.


text:
    448 A.2d 1180
    Price, et vir., Appellants v. Monsour Medical Cntr.
    Argued April 27, 1982.
    Vincent P. Ventomiller, for appellant; Joseph MacFrelli, for Monsour Medical Center, appellee; David R. Johnson, for Bear, appellee; Arthur Asti, for Hattoum, appellee.
    Before ROWLEY, BECK and MONTEMURO, JJ.
   Order affirmed.

BECK, J., filed a memorandum dissenting statement.


text:
    448 A.2d 1180
    Sakelson v. Romeo, Appellants.
    Petition for Allowance of Appeal Granted Oct. 19, 1982.
    Argued December 2, 1980.
    Robert K. Duffy, for appellants; Donald A. Semisch, for appellees.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    448 A.2d 1180
    Smith, Appellant v. P. A. & S. Small, Co., Appellant.
    Argued September 23, 1981.
    John W. Phillips, for Smith, appellant (at No. 33) and appellee (at No. 51); John D. Flinchbaugh, for P. A. & S. Small, appellant (at No. 51) and appellee (at No. 33).
    Before BROSKY, McEWEN and BECK, JJ.
   Order affirmed.

McEWEN, J., concurred in the result.


text:
    448 A.2d 1180
    Stowe, Appellant v. Reliance Inc., Co. Baker, Appellant v. Fireman’s Fund Ins., Co., et al.
    Petition for Allowance of Appeal Denied Nov. 9, 1982.
    Argued September 8, 1980.
    Gordon W. Gerber, for appellants; Bernard F. Pettit, for Reliance Ins., Co., appellee (at No. 334); Michael Saltzburg, for Fireman’s Fund Ins., Co., appellee (at No. 455); Frederick C. Fletcher, II, for Insurance Co. of North America, appellee (at No. 455).
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed at 334 October 1979. Order affirmed at 455 Philadelphia 1980 as to Fireman’s Fund Insurance Company. Appeal quashed at 455 Philadelphia 1980 as to Insurance Company of North America.


text:
    July 30, 1982.
    448 A.2d 1181
    Bertig v. Von Myering, etc., Appellant.
    Argued May 19, 1982.
    Patrick J. Shannon, for appellant; Howard M. Louik, submitted a brief on behalf of appellee.

      Before HESTER, McEWEN and JOHNSON, JJ.
   Judgment affirmed.


text:
    448 A.2d 1181
    Borawski v. State Farm Ins. Co., Appellant.
    Argued December 8, 1981.
    Joe T. Murphy, Jr., for appellant; Samuel Cohen, for appellee.
    Before SPAETH, MONTGOMERY and LIPEZ, JJ.
   The order of the court is affirmed.


text:
    448 A.2d 1181
    Cillo v. Ohio Casualty Insurance Company, Appellant.
    Petition for Allowance of Appeal Denied Dec. 6, 1982.
    Argued March 8, 1982.
    Robert A. Gallagher, for appellant; Peter T. Campana, submitted a brief on behalf of appellee.
    Before CAVANAUGH, WICKERSHAM and CIRILLO, JJ.
   Order and judgment affirmed.


text:
    448 A.2d 1182
    Commonwealth v. Belgrave, Appellant.
    Submitted February 18, 1981.
    Brian S. Quinn, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., MONTEMURO and VAN der VOORT, JJ.
   The order of the lower court is affirmed.


text:
    448 A.2d 1182
    Commonwealth v. Bertrand, Appellant.
    Petition for Allowance of Appeal Denied Nov. 29, 1982.
    Submitted December 5, 1980.
    Clarence D. Bell, Jr., for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1182
    Commonwealth v. Alice Boggs, Appellant. Commonwealth v. Lewis Boggs, Appellant. Commonwealth v. Nathan Boggs, Appellant.
    Argued June 14, 1979.
    Arnold J. Wolf, for appellants; John Salvucci, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, STRANAHAN and SUGERMAN, JJ.

       President Judge John Q. Stranahan of the Court of Common Pleas of Mercer County, Pennsylvania, and Judge Leonard Sugerman of the Court of Common Pleas of Chester County, Pennsylvania, are sitting by designation.

   The judgment of sentence of the lower court is affirmed.


text:
    448 A.2d 1183
    Commonwealth v. Bonner, Appellant.
    Petition for Allowance of Appeal Denied Nov. 3, 1982.
    Submitted September 10, 1981.
    Jack M. Myers, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and CIRILLO, JJ.
   Order dated January 14, 1981 denying Post Conviction Relief is affirmed.


text:
    448 A.2d 1183
    Commonwealth v. Brown, Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Submitted April 6, 1982.
    Ralph M. Evans, for appellant; David DaCosta, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Order of the lower court is affirmed.


text:
    448 A.2d 1183
    Commonwealth v. Burks, Appellant.
    Argued April 13, 1982.
    Robert X. Medonis, for appellant; Dara' A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    450 A.2d 755
    Commonwealth v. Callanan, Appellant.
    Reargument Denied Oct. 7, 1982.
    Petition for Allowance of Appeal Denied Jan. 20, 1983.
    Argued October 14, 1981.
    Philip B. Friedman, for appellant; Barbara Malett, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, JOHNSON and MONTEMURO, JJ.
   The judgment of sentence is affirmed.


text:
    448 A.2d 1183
    Commonwealth v. Carter, Appellant.
    Submitted April 5, 1982.
    John M. McAllister, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    448 A.2d 1184
    Commonwealth v. Cizikas, Appellant.
    Submitted December 5, 1980.
    William E. Baldwin, for appellant; Adam Bavolack, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Order affirmed.


text:
    448 A.2d 1184
    Commonwealth v. Dinkins, Appellant.
    Submitted May 19, 1982.
    Michael James Healey, for appellant; Ken Benson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, McEWEN and JOHNSON, JJ.
   The judgment of sentence of the learned Allegheny County Common Pleas Court Judge Loran L. Lewis is affirmed.


text:
    448 A.2d 1184
    Commonwealth v. John Doe a/k/a Thomas Conlin Perry, Appellant.
    Submitted May 22, 1981.
    John H. Corbett, Jr., for appellant; Stella L. Smetanka, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., MONTGOMERY and VAN der VOORT, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    448 A.2d 1185
    Commonwealth v. Dosch, Appellant.
    Argued October 15, 1981.
    Robert G. Kochems, for appellant; Charles S. Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, JOHNSON and MONTEMURO, JJ.
   The judgment of sentence is affirmed.


text:
    448 A.2d 1185
    Commonwealth v. Gatto, Jr., Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Argued November 10, 1980.
    Paulette J. Balogh, for appellant; Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1185
    Commonwealth v. Hadden, Appellant.
    Submitted October 6, 1981.
    Leo H. Eschbach, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and POPOVICH, JJ.
   Order affirmed.


text:
    448 A.2d 1185
    Commonwealth v. Hamay, Appellant.
    Argued April 16, 1980.
    M. Scot Curran, for appellant; Francis C. Sichko, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1186
    Commonwealth v. Hilliard, Appellant.
    Petition for Allowance of Appeal Denied Jan. 7, 1983.
    Submitted June 24, 1981.
    Philip A. Arnold, for appellant; Michael Eakin, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Order dated October 27, 1980, denying relief pursuant to appellant’s P.C.H.A. petition is hereby affirmed.


text:
    448 A.2d 1186
    Commonwealth v. Jackson a/k/a Kessler, Appellant.

      Submitted March 17, 1982.
    John H. Corbett, Public Defender, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1186
    Commonwealth v. Johnson, Appellant.
    Argued January 25, 1982.
    Carter L. Anderson, for appellant; Garold E. Tennis, Assistant District Attorney, for Commonwealth, appellee.
    Before WIEAND, CIRILLO and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1187
    Commonwealth v. Keber, Appellant.
    Submitted March 10, 1982.
    Philip T. Medico, Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, CIRILLO and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1187
    Commonwealth v. Laguardia, Appellant.
    Argued April 26, 1982.
    James K. O’Malley, for appellant; Daniel Kahle, Assistant District Attorney, for Commonwealth, appellee.
    Before BECK, MONTEMURO and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1187
    Commonwealth v. Little, Jr., Appellant.
    Submitted May 4, 1982.
    Paul S. Herzberg, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, ROWLEY and CIRILLO, JJ.
   Order affirmed.


text:
    448 A.2d 1187
    Commonwealth v. Oleyar, Appellant.
    Argued May 11, 1982.
    Nicholas Mark Panko, for appellant; Adam D. Bavolack, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1188
    Commonwealth v. Perno, Appellant.
    Submitted March 15, 1982.
    David John Graban, for appellant; Samuel J. Orr, District Attorney, for Commonwealth, appellee.
    Béfore SPAETH, JOHNSON and HOFFMAN, JJ.
   Affirmed.


text:
    448 A.2d 1188
    Commonwealth v. Perry, Appellant.
    Submitted December 8, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant; Mary Ann Cox, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, MONTGOMERY and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1188
    Commonwealth v. Redcay, Appellant.
    Submitted November 16, 1981.
    Charles P. Buchanio, for appellant; David J. Brightbill, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., McEWEN and HOFFMAN, JJ.
   Order affirmed.


text:
    448 A.2d 1188
    Commonwealth v. Samuels, Appellant.

      Submitted October 5, 1981.
    David N. Rosen, for appellant; Steven J. Cooperstein, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and POPOVICH, JJ.
   Order and judgments of sentence affirmed.


text:
    448 A.2d 1189
    Commonwealth v. Smith, Appellant.
    Petition for Allowance of Appeal Denied Nov. 16, 1982.
    Submitted February 24, 1982.
    Ronold John Karasek, for appellant; Donald B. Corriere, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1189
    Commonwealth v. Smith, Appellant.

      Submitted April 21, 1982.
    James A. Consoli, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BROSKY and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1189
    Commonwealth v. Smith, Appellant.
    Petition for Allowance of Appeal Denied Oct. 12, 1982.
    Petition for Allowance of Appeal Granted Dec. 3, 1982.
    Submitted February 24, 1982.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1190
    Commonwealth v. Smoyer, Appellant.

      Argued April 5, 1982.
    Timothy H. Knauer, for appellant; Lee Ruslander, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1190
    Commonwealth v. Steiner, Jr., Appellant.
    Petition for Allowance of Appeal Denied Nov. 5, 1982.
    Argued December 15, 1981.
    Lawrence J. Hracho, for appellant; J. Michael Eakin, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    448 A.2d 1190
    Commonwealth v. Tribble, Appellant.
    Submitted November 5, 1981.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BECK and LIPEZ, JJ.
   The judgment of sentence is hereby affirmed.


text:
    448 A.2d 1190
    Commonwealth v. Wade, Appellant.
    Petition for Allowance of Appeal Denied Oct. 18, 1982.
    Argued December 7, 1981.
    Richard L. Raymond, for appellant; A. Sheldon Kovach, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, MONTGOMERY and LIPEZ, JJ.
   The judgment of sentence is affirmed.


text:
    450 A.2d 1031
    Commonwealth v. Wilmore, Appellant.
    Reargument Denied Oct. 12, 1982.
    Petition for Allowance of Appeal Denied Feb. 22, 1983.
    Submitted March 9, 1982.
    Elaine DeMasse, Assistant Public Defender, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    448 A.2d 1191
    Commonwealth ex rel. Boyer v. Pare. Appeal of William Andrew Boyer.
    Submitted June 24, 1981.
    William G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Pare, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Order affirmed.


text:
    451 A.2d 562
    Equibank, etc. v. Gilman, et ux. Appeal of Robert Woods.
    Reargument Denied Oct. 28, 1982.
    Petition for Allowance of Appeal Denied Dec. 6, 1982.
    Argued February 8, 1982.
    Stephen Israel, for appellant; Sidney R. Finkel, did not file a brief on behalf of Equibank, appellee; Alfred C. Maiello, did not file a brief on behalf of Douglas Gilman, appellee; James David Elder, did not file a brief on behalf of Lucille Gilman, appellee; Norman Paul Wolken, did not file a brief on behalf of Sheriff, participating party.


text:
    448 A.2d 1191
    Jiffy Foods Corp., Appellant v. 3 Rivers Ice Cream. Jiffy Foods Corp. v. 3 Rivers Ice Cream, Appellant.
    Argued November 9, 1981.
    Michael Handler, for appellant (at No. 830) and for appellee (at No. 917); Ronald Morelli, for appellant (at No. 917) and for appellee (at No. 830).
    Before BECK, JOHNSON and POPOVICH, JJ.
   The judgment of the lower court is affirmed on the able opinion of Judge Earley.

POPOVICH, J., concurred in the result.


text:
    448 A.2d 1191
    Lahet v. Lahet, Jr., Appellant.
    Argued April 5, 1982.
    Frank C. Baker, for appellant; Michael T. Gregorowicz, for appellee.
    Before HESTER, CAVANAUGH and CIRILLO, JJ.
   Order affirmed.


text:
    448 A.2d 1192
    Martzall, Appellant v. Boll.
    Petition for Allowance of Appeal Denied Nov. 9, 1982.
    Argued December 15, 1981.
    David J. Brightbill, for appellant; H. Rank Bickel, Jr. and James T. Reilly, submitted a brief on behalf of appellees.
    Before WICKERSHAM, BECK and POPOVICH, JJ.
   Judgment affirmed.


text:
    448 A.2d 1192
    McDonough, Appellant v. Gulf Ins. Co., et al.
    Argued June 13, 1979.
    Harry R. Nixon, for appellant; James M. Marsh, for Gulf, appellee; Alexander Kerr, for Reserve, appellee.
    Before SPAETH, STRANAHAN and SUGERMAN, JJ.

       President Judge John Q. Stranahan of the Court of Common Pleas of Mercer County, Pennsylvania and Judge Leonard Sugerman of the Court of Common Pleas of Chester County, Pennsylvania are sitting by designation.

   The order of the lower court is hereby affirmed.


text:
    448 A.2d 1192
    Mobil Oil Corp. v. Loredo, Appellant.

      Argued September 8, 1980.
    Norman P. Zarwin, for appellant; Albert S. Shaw, Jr., for appellee.
    Before WICKERSHAM, VAN der VOORT and LIPEZ, JJ.
   Judgment affirmed.


text:
    448 A.2d 1192
    Ninehouser, Appellant v. Ninehouser.
    Argued April 14, 1982.
    John J. Driscoll, for appellant; Robert C. Capristo, for appellee.
    Before HESTER, JOHNSON and POPOVICH, JJ.
   Judgment affirmed.


text:
    448 A.2d 1193
    Philadelphia Citywide Dev. Corp. v. Town & Country. Appeal of James L. Thomas.
    Argued December 16, 1981.
    Elliot B. Platt, for appellant; Gary A. Rochestie, for appellee.
    Before McEWEN, JOHNSON and WATKINS, JJ.
   Order affirmed.


text:
    449 A.2d 47
    COMMONWEALTH of Pennsylvania v. Steven Paul PLUSQUELLIC, Appellant.
    Superior Court of Pennsylvania.
    Submitted Sept. 2, 1981.
    Filed Aug. 6, 1982.
    Petition for Allowance of Appeal Denied Nov. 30, 1982.

      Leonard I. Sharon, Pittsburgh, for appellant.
    Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and BECK, JJ.
   WIEAND, Judge:

Steven Paul Plusquellic was tried without jury and convicted of violating the Controlled Substance, Drug, Device and Cosmetic Act, criminal conspiracy, and carrying a firearm without a license. Plusquellic’s post trial motions were denied, and he was sentenced to imprisonment for a period of not less than nine (9) nor more than eighteen (18) months. On direct appeal, he contends (1) that the evidence was insufficient to convict him of conspiracy or of violating the Drug Act, either as a principal actor or as an accomplice; (2) that the statements of an alleged co-conspirator constituted inadmissible hearsay and should not have been received; and (3) that the trial court erred in refusing to suppress physical evidence seized from his person and the truck in which he was seated. These claims lack merit; and the judgment of sentence, therefore, will be affirmed.

The test to be applied in determining the sufficiency of the evidence is whether, accepting as true all of the evidence and all reasonable inferences arising therefrom upon which, if believed, the trier of fact could properly have based its verdict, it is sufficient to prove beyond a reasonable doubt that the accused is guilty of the crime or crimes with which he has been charged. As with all challenges to the sufficiency of the evidence, we consider the evidence in the light most favorable to the verdict winner, in this case the Commonwealth, which is entitled to the benefit of all favorable inferences arising therefrom. Commonwealth v. Waller, 498 Pa. 33, 44, 444 A.2d 653, 658 (1982); Commonwealth v. Bellis, 497 Pa. 323, 330 n.9, 440 A.2d 1179, 1182 n.9 (1981); Commonwealth v. Payne, 299 Pa.Super. 378, 380, 445 A.2d 804, 805 (1982); Commonwealth v. Johnson, 273 Pa.Super. 14, 17, 416 A.2d 1065, 1067 (1979). Moreover, the entire trial record must be evaluated, and all evidence actually received must be considered, whether or not the trial court’s rulings thereon were correct. Commonwealth v. Waldman, 484 Pa. 217, 222-23, 398 A.2d 1022, 1025 (1979); Commonwealth v. Tabb, 417 Pa. 13, 16, 207 A.2d 884, 886 (1965); Commonwealth v. Bentley, 276 Pa.Super. 41, 44, 419 A.2d 85, 86 (1980); Commonwealth v. Williams, 273 Pa.Super. 578, 582, 417 A.2d 1200, 1201 (1980).

Conspiracy is defined in Section 903(a) of the Pennsylvania Crimes Code, 18 Pa.C.S. § 903(a) as follows:

§ 903. Criminal Conspiracy
(a) Definition of conspiracy.—A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime;
or
(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

The essence of a criminal conspiracy is a common understanding, no matter how it came into being, that a particular criminal objective be accomplished. Commonwealth v. Carter, 272 Pa.Super. 411, 414, 416 A.2d 523, 524 (1979); Commonwealth v. Anderson, 265 Pa.Super. 494, 500, 402 A.2d 546, 549 (1979); Commonwealth v. Henderson, 249 Pa.Super. 472, 483, 378 A.2d 393, 398 (1977). “The crime by its very nature is frequently not susceptible of proof except by circumstantial evidence. ‘A conspiracy may be inferentially established by showing the relationship, conduct or circumstances of the parties, and the overt acts on the part of co-conspirators have uniformly been held competent to prove that a corrupt confederation has in fact been formed.’ Commonwealth v. Horvath, 187 Pa.Super. 206, 211, 144 A.2d 489, 492 (1958).” Commonwealth v. Carter, supra (citations omitted). In Commonwealth v. Anderson, supra, the court, per Hoffman, J., listed circumstances relevant, though by themselves insufficient, to establish a corrupt confederation as follows: (1) association between alleged conspirators; (2) knowledge of the commission of a crime; (3) presence at the scene of the crime; and (4) in some situations, participation in the object of the conspiracy.

When a conspiracy to commit a particular crime or crimes has been shown, each conspirator is responsible for the acts of his co-conspirators committed in furtherance of the conspiracy. The agreement is the nexus which renders a conspirator vicariously liable for the acts of his associates. Commonwealth v. Tate, 485 Pa. 180, 185, 401 A.2d 353, 355 (1979); Commonwealth v. Cofer, 257 Pa.Super. 528, 531-32, 390 A.2d 1363, 1365 (1978); Commonwealth v. Branch, 239 Pa.Super. 17, 20, 361 A.2d 435, 437 (1976). See also: 7 P.L.E. Conspiracy § 27; W. LaFave & A. Scott, Criminal Law § 64 (1972).

The evidence adduced at trial, viewed in the light most favorable to the Commonwealth and drawing proper inferences in favor of the Commonwealth, established that the charges against Plusquellic arose out of a controlled purchase of cocaine arranged by Trooper Ronald J. Ceyba of the Drug Enforcement Office of the Pennsylvania State Police. On September 13, 1979, Ceyba made arrangements with Edwin Anker, Plusquellic’s alleged co-conspirator, to purchase one-quarter pound of cocaine. The transaction was to take place later that evening at a designated meeting site in Verona, Allegheny County. Prior to proceeding to the pre-arranged site, Ceyba dispatched a surveillance van equipped with one-way glass windows and containing state police officers and Justice Department agents. The surveillance van parked in a nearby lot so that the officers could observe the drug transaction and provide back-up assistance if required. Additional officers were stationed in a conventional vehicle approximately three blocks away. At the pre-arranged time, Anker arrived on foot and entered Ceyba’s vehicle, ostensibly to “check Ceyba out” and also to count his money. Anker suggested that Ceyba accompany him to a nearby home where his cocaine supplier was waiting. Ceyba, of course, preferred that the transaction take place in its entirety at the pre-arranged location. Anker agreed, indicating that he and the supplier would return shortly in a black truck with the drugs. Within five minutes, Anker returned in a black Chevrolet Blazer driven by Plusquellic. The truck stopped behind Ceyba’s vehicle, whereupon Anker alighted and re-entered Ceyba’s vehicle. Plusquellic, meanwhile, remained at the wheel of the Chevrolet Blazer. Prior to completing the transaction, Anker apparently became suspicious of the surveillance van and directed Ceyba to relocate his vehicle. Plusquellic also moved his truck, entering the parking lot in which the surveillance van was parked and peering into it inquisitively. He eventually stopped and parked immediately behind Ceyba’s vehicle. Inside the vehicle, Anker removed two plastic bags containing cocaine from his trousers, weighed them and turned them over to Trooper Ceyba. Thereafter, both Anker and Ceyba emerged from the vehicle, at which time Ceyba signaled the surveillance officers to indicate that the drug transaction had been completed. Upon Ceyba’s order, the officers approached the Chevrolet Blazer and placed Plusquellic, who had been attempting to hide a loaded pistol beneath the driver’s seat, under arrest.

This evidence was sufficient to show that appellant had been consciously involved in an unlawful confederation with Anker. The conclusion is buttressed by Anker’s statements to Ceyba which identified appellant as his supplier of cocaine.

Appellant contends, however, that Anker’s statements were hearsay and should not have been received as substantive evidence. There is no merit in this contention.

It is well established in our law that statements by a co-conspirator are admissible under an exception to the hearsay rule if they are made during the conspiracy and in furtherance thereof. However, there must be evidence other than the statement of the co-conspirator to prove that a conspiracy existed. Commonwealth v. Dreibelbis, 493 Pa. 466, 475, 426 A.2d 1111, 1115 (1981); Commonwealth v. Garcia, 478 Pa. 406, 421, 387 A.2d 46, 53-54 (1978); Commonwealth v. Ellsworth, 409 Pa. 505, 509, 187 A.2d 640, 642 (1963); Commonwealth v. Hirsch, 225 Pa.Super. 494, 497, 311 A.2d 679, 681 (1973). See also: P.L.E. Criminal Law §§ 331-334, 3 Wharton’s Criminal Evidence § 642 (13th ed. Torchia 1973). The conspiracy may be established inferentially by showing the relation, conduct or circumstances of the parties. Commonwealth v. Dreibelbis, supra. Moreover, the order of proof is within the discretion of the trial court which may, upon only slight evidence of the conspiracy, admit such statements subject to later proof of the conspiracy. P.L.E. Criminal Law § 334. See also: Commonwealth v. Esposito, 236 Pa.Super. 127, 130, 344 A.2d 655, 657 (1975).

Appellant contends in the instant case that independent proof of the existence of a conspiracy was lacking. The record belies this argument. The evidence adduced at trial established that, following preliminary negotiations between an undercover drug agent and appellant’s alleged co-conspirator for the purchase of nearly $10,000 worth of cocaine, appellant transported his alleged co-conspirator to the site of the proposed transaction, surveyed the surveillance van stationed in a nearby parking lot, and oversaw the entire transaction from his truck parked directly behind the undercover vehicle in which the transaction took place. He also had a firearm in his possession. This was sufficient to establish independently the existence of a conspiracy. The statements by appellant’s alleged co-conspirator, made during the conspiracy and in furtherance thereof, were properly received.

Appellant contends finally that the suppression court erred in refusing to suppress a cocaine user’s kit and a .380 caliber automatic pistol which had been removed respectively from his person and truck. The seizure of these items was incident to appellant’s arrest. The pistol was observed protruding from the space beneath the driver’s seat in which appellant waited while Anker completed the drug transaction; the cocaine user’s kit was found on appellant’s person.

The law is clear that a warrantless seizure is proper if incident to a lawful arrest. See: Commonwealth v. Holzer, 480 Pa. 93, 102 n.5, 389 A.2d 101, 106 n.5 (1978); Commonwealth v. Rivera, 273 Pa.Super. 105, 107-108, 416 A.2d 1111, 1112 (1979); Commonwealth v. Harm, 272 Pa.Super. 431, 436, 416 A.2d 533, 535 (1979); Commonwealth v. Miller, 247 Pa.Super. 132, 136, 371 A.2d 1362, 1364 (1977). A warrantless arrest is lawful if the facts and circumstances within the arresting officer’s knowledge and of which he has reasonably trustworthy information are such as would warrant a person of reasonable caution to believe an offense has been or is being committed and the person to be arrested is probably the perpetrator. Commonwealth v. Bartlett, 486 Pa. 396, 400, 406 A.2d 340, 341 (1979); Commonwealth v. Stokes, 480 Pa. 38, 43, 389 A.2d 74, 76 (1978); Commonwealth v. Gambit, 274 Pa.Super. 571, 577, 418 A.2d 554, 557 (1980).

In the case sub judice, the law enforcement officers present at the scene had probable cause to believe that an illegal drug transaction had taken place and that appellant was a party thereto. Thus, they had a right to make an arrest and conduct a search of appellant’s person. If there had been any earlier doubt about the need for such a search, it was removed when a gun was observed on the floor of the truck.

The seizure of the gun was lawful because it was in plain view. The “plain view” doctrine holds that weapons and contraband within the plain view of a police officer can be seized without a warrant, provided the police officer had a right to be in the place from which he was able to view the item. Commonwealth v. Bentley, 276 Pa.Super. 41, 47, 419 A.2d 85, 88 (1980). Because the police had probable cause to make an arrest of appellant while he was seated in the truck, it cannot seriously be argued that they had no right to be where they could observe the gun lying on the floor and protruding from beneath the seat.

Our review of this case discloses no merit in any of appellant’s allegations of error. The judgment of sentence, therefore, is affirmed.

      . Act of April 14, 1972, P.L. 233, No. 64, § 13, as amended, 35 P.S. §§ 780-113(a)(16); 780-113(a)(30).

      . 18 Pa.C.S. § 903.

      . 18 Pa.C.S. § 6106.

      . The operation was described as a “buy-bust”—meaning that the arrests would immediately follow the transaction.

      . Edwin Anker was tried separately on January 30, 1980, and was convicted of violations of the Drug Act and criminal conspiracy.

      . Appellant, in his brief, makes the same argument with regard to a holster seized at the same time from the passenger’s seat of the Chevrolet Blazer. This claim was not the subject of appellant’s post trial motions; it therefore has not been properly preserved for appellate review. See: Commonwealth v. Nesbitt, 276 Pa.Super. 1, 4 n.l, 419 A.2d 64, 65 n.l (1980); Commonwealth v. Kennerly, 269 Pa.Super. 404, 408-409, 410 A.2d 319, 321 (1979). Even if we were to consider this issue on its merits, the considerations and conclusions applicable to the seizure of the gun would be determinative.