text:
    438 A.2d 642
    Commonwealth v. Zuder, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.

      Submitted January 6, 1981.
    John P. Lawler, for appellant; James F. Marsh, District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

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


source: Caselaw Access Project

license: Public Domain

text:
    438 A.2d 643
    Costley v. Page, et al., Appellants v. Paradise Mutual Ins. Co.
    Argued December 5, 1980.
    William A. Hebe, for appellants; William C. Gierasch, Jr., for appellees.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    438 A.2d 643
    Wilson, etc., Appellant v. Ford Motor Co., et al.

      Argued March 10, 1981.
    Louis Kattelman, for appellant; James J. Donohue, for appellees.
    Before HESTER, DiSALLE and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.


text:
    438 A.2d 643
    Zurine v. Bromage, Appellant.
    Argued June 12, 1980.
    Peter G. Loftus, for appellant; John P. Pesota, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    October 23, 1981.
    438 A.2d 643
    Commonwealth v. Dean, Appellant.
    Petition for Allowance of Appeal Denied May 3, 1982.
    Submitted December 4, 1980.
    Barry H. Denker, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.

      Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is hereby affirmed.


text:
    438 A.2d 644
    Commonwealth v. Kesneck, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Submitted May 22, 1981.
    John P. Corbett, for appellant; Joseph Ruddy, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTGOMERY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

PRICE, J., did not participate in the consideration or dec-sion of this case.


text:
    438 A.2d 644
    Commonwealth v. Kotch, Appellant.

      Argued September 8, 1980.
    William R. Mosolino, for appellant; Adam Bavolback, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    438 A.2d 644
    Commonwealth v. Lawson Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Submitted April 13, 1981.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 645
    Commonwealth v. Marshall, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.

      Argued June 11, 1980.
    Mark E. Kogan, for appellant; Victor M. Fortuno, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court affirmed.

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


text:
    438 A.2d 645
    Commonwealth v. Mundt, Appellant.
    Submitted May 22, 1981.
    David Metinko, Assistant Public Defender, for appellant; Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTGOMERY and VAN der VOORT, JJ.
   The judgment of sentence is hereby affirmed.

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


text:
    438 A.2d 645
    Commonwealth v. McPherson, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.

      Submitted May 5, 1981.
    Thomas Bruno, II, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   The order of the lower court is affirmed.


text:
    438 A.2d 645
    Commonwealth v. Miller, Appellant.
    Petition for Allowance of Appeal Denied Feb. 25, 1982.
    Submitted April 1, 1981.
    Norris E. Gelman, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The order of the lower court is affirmed.


text:
    438 A.2d 646
    Commonwealth v. Ransome, Appellant.

      Submitted June 24, 1981.
    Victor J. DiNubile, Jr., for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and BECK, JJ.
   Judgment of sentence affirmed on opinion of the court below.


text:
    438 A.2d 646
    Commonwealth v. Turner, Appellant.
    Submitted December 5, 1980.
    Howard B. Zavodnick, for appellant; Eliott Present, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is hereby affirmed.


text:
    438 A.2d 646
    Covert, Appellant v. Covert.
    Petition Granted for Remand, Nov. 20, 1981.

      Argued November 12, 1980.
    Frank J. Piatek, for appellant; Walter A. Kieler, submitted a brief on behalf of appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    438 A.2d 647
    Fierst, et ux., Appellants v. Comm. Land Title Ins. Co. v. McArdle et al.
    Petition for Allowance of Appeal Granted Jan. 11, 1982.
    Argued April 16, 1980.
    Charles C. Mason, Jr., for appellants; Thomas R. Ceraso, for McArdle Land, appellee; Dennis J. Gounley, for Sentinel Savings, appellee; Edgar P. Harrigton, Jr., for Concord Liberty, appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order of the court below affirmed.

LIPEZ, J., concurred in the result.


text:
    438 A.2d 647
    Mercury Motor Express v. Cont. Food Systems, Appellant.

      Argued November 13, 1980.
    Louis C. LaLumere, for appellant; James L. Weisman, for appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Order affirmed.

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


text:
    438 A.2d 647
    Parker, etc. v. Henry, etc., Appellant v. Parker, etc.
    Argued November 11, 1980.
    Richard W. Kooman, II, for appellant; Seymour A. Sikov, for appellees.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment affirmed.

CAVANAUGH, J., concurred in the result.

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


text:
    438 A.2d 647
    Raw, et al, Appellants v. Lehnert, et al.

      Argued November 11, 1980.
    William J. Krzton, for appellants; Jay H. Feldstein, for appellees.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    438 A.2d 648
    The Amoco Oil Co. v. Bonini, Appellant.
    Argued December 2,1980.
    Martin J. Resnick, for appellant; William A. DeStefano, for appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Judgment affirmed.


text:
    438 A.2d 648
    Wright v. Wright, Appellant.
    Submitted June 10, 1980.
    Germaine Ingram, for appellant; David H. Kubert, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of court affirmed.

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


text:
    438 A.2d 648
    Abcon, Inc. v. Sowden, Appellant.
    Argued January 27, 1981.
    Lawrence H. Rudnick, for appellant; Steven E. Speece, for appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   Order affirmed.


text:
    October 30, 1981.
    438 A.2d 648
    Commonwealth v. Arthur, Appellant.
    Submitted May 22, 1981.
    Daniel R. Lovette, for appellant; Gerard Long, District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTGOMERY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

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


text:
    438 A.2d 649
    Commonwealth v. Borchel, Appellant.
    Petition for Allowance of Appeal Denied Jan. 15, 1982.
    Submitted January 27, 1981.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 649
    Commonwealth v. Calhoun, Appellant.
    Petition for Allowance of Appeal Denied March 25, 1982.
    Submitted June 22, 1981.
    Charles Mirarchi, III, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and DiSALLE, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 649
    Commonwealth v. Cristafulli, Appellant.
    Argued June 10, 1980.
    Edward A. Savastio, for appellant; Jean Marie Celia, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

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


text:
    438 A.2d 650
    Commonwealth v. Cooper, Appellant.
    Submitted May 5, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 650
    Commonwealth v. Davis, Appellant.
    Petition for Allowance of Appeal Denied Jan. 26, 1982.
    Argued June 10, 1980.
    John B. Lynch, Assistant Public Defender, for appellant; Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

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


text:
    438 A.2d 650
    Commonwealth v. Fitch, Appellant.
    Submitted April 21, 1981.
    David A. Whitney, Public Defender, for appellant; James A. Meyer, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and WATKINS, JJ.
   The order of the lower court is affirmed.


text:
    438 A.2d 650
    Commonwealth v. Hickey, Appellant.
    Petition for Allowance of Appeal Denied Feb. 16, 1982.
    Submitted February 4, 1981.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 651
    Commonwealth v. Matokovich, Appellant.
    Argued April 30, 1981.
    Robert A. Banks, for appellant; John Lee Brown, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    438 A.2d 651
    Commonwealth v. Phillips, Appellant.
    Petition for Allowance of Appeal Denied March 8, 1982.
    Submitted February 4, 1981.
    Vincent P. DiFabio, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 651
    Commonwealth v. Randall, Appellant.
    Submitted February 3, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 652
    Commonwealth v. Seifert, Jr., Appellant.
    Argued December 1, 1980.
    Susan S. Flynn, Assistant Public Defender, for appellant; Michael S. Goodwin, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 652
    Commonwealth v. Semick, Jr., Appellant.
    Argued February 4, 1981.
    Ann Kane Seidman, for appellant; Kristine F. Hughey, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 652
    Commonwealth v. Sweeney, Appellant.
    Argued June 10, 1980.
    G. Guy Smith, for appellant; David E. Fritchey, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.

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


text:
    438 A.2d 652
    Commonwealth v. Wagner, Appellant.
    Submitted June 13, 1980.
    Robert L. Marks, for appellant; Gailey C. Keller, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    438 A.2d 653
    Commonwealth v. White, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    438 A.2d 653
    Commonwealth v. Williams, Appellant.
    Petition for Allowance of Appeal Denied Feb. 26, 1982.
    Argued March 30, 1981.
    Michael H. Van Buskirk, for appellant; Eric I. B. Beller, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    438 A.2d 653
    Commonwealth v. Williamson, Esq. Appeal of George Miller.
    Reargument Denied Dec. 16, 1981.
    Petition for Allowance of Appeal Denied March 25, 1982.
    Argued February 4, 1981.
    George Miller, appellant, in propria persona; Frederick D. Lingle, District Attorney, did not file a brief on behalf of Commonwealth, appellee; John F. Cowley, Special Prosecutor, did not file a brief on behalf of Williamson, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Order of the lower court affirmed.


text:
    438 A.2d 654
    Commonwealth ex rel., Lipman v. Lipman, Appellant.
    Argued June 9, 1980.
    Ralph E. Kates, III, for appellant; Brian J. Cali, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.

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


text:
    438 A.2d 654
    Crossley, Appellant v. Crossley.
    Argued June 9, 1980.
    C. Cleveland Hummel, for appellant; Robert W. Buehner, Jr., for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court is affirmed.

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


text:
    438 A.2d 654
    Cunningham v. Holbert’s, etc., et al. Appeal of Erie Insurance Exchange.
    Petition for Allowance of Appeal Denied Feb. 25, 1982.
    Argued June 9, 1980.
    Michael P. Shay, for appellant; Richard Hale Pratt, for Cunningham, appellee; Victor S. Jaczun, for Holbert’s, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court is affirmed.

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


text:
    438 A.2d 655
    De Haven v. Fiedler, Appellant.
    Argued September 11, 1980.
    William J. Fries, for appellant; Jeffrey R. Dimmich, for appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Case remanded.

HESTER, J., filed a memorandum concurring statement.

SPAETH, J., filed a memorandum dissenting statement.


text:
    438 A.2d 655
    Liberati v. Continental Cas. Co., et al. Appeal of Maria Liberati.
    Argued March 17, 1980.
    David Freeman, for appellant; Michael R. Sweeney, for Joseph Liberati, appellee; Joel G. Kalman, did not file a brief on behalf of Continental, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed.

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


text:
    438 A.2d 655
    Melovitz v. Melovitz, Appellant.
    Argued June 9, 1980.
    Joseph F. Iracki, for appellant; Joseph C. Giebus, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court affirmed.

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


text:
    438 A.2d 655
    Miller, etc. v. Frey, Appellant.
    Submitted April 29, 1981.
    Joseph D. Talarico, for appellant; Zeno Fritz, for appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   The order of the lower court is affirmed.


text:
    438 A.2d 656
    Schroeder, Appellant v. Schroeder.

      Argued December 1, 1980.
    Benjamin Pomerantz, for appellant; Richard D. Link, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    438 A.2d 656
    Scott Finance Co. v. Militti Studios, Inc., Appellant.
    Argued December 2, 1980.
    Stephen F. Ritner, for appellant; Jay E. Goldfarb, for appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Orders affirmed.


text:
    438 A.2d 656
    Seaman v. Seaman, Appellant.
    Submitted June 9, 1980.
    J. Robert Zane, for appellant; Ronald R. Pellish, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order of the lower court affirmed.

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


text:
    438 A.2d 656
    Wiegman, et ux. v. Northview Motors, Inc., Appellant.
    Argued February 10, 1981.
    William D. Anthony, for appellants; Ronald D. Morelli, for appellee.
    Before BROSKY, DiSALLE and SHERTZ, JJ.
   Order affirmed.


text:
    November 6, 1981.
    440 A.2d 1237
    Broskoske, Appellants v. Pesotski, et al.
    Argued March 30, 1981.
    Morton Gordon, for appellants; B. Todd Maguire, for appellees.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The order of September 24, 1980 is affirmed.


text:
    440 A.2d 1238
    Commonwealth v. Barksdale, Appellant.

      Argued April 1, 1981.
    Margaret M. Boyce, for appellant; Garold E. Tennis, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   Judgment of sentence dated April 24, 1980 is affirmed.


text:
    440 A.2d 1238
    Commonwealth v. Barrett, Appellant. Commonwealth v. Northrup, Appellant.
    Argued February 4, 1981.
    Robert J. Beirne, for appellants; Leonard J. Frawley, District Attorney, did not file a brief on behalf of Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Orders affirmed.


text:
    440 A.2d 1238
    Commonwealth v. Bennett, Appellant.

      Submitted May 28, 1981.
    Daniel M. Preminger, for appellant; Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and McEWEN, JJ.
   Order and judgment of sentence are affirmed.


text:
    440 A.2d 1238
    Commonwealth v. Black, Appellant.
    Argued January 6, 1981.
    Robert J. O’Shea, Jr., Assistant Public Defender, for appellant; Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1239
    Commonwealth v. Brosky, Appellant.

      Submitted December 5, 1980.
    Michael J. Cammarano, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1239
    Commonwealth v. Chapman, Appellant.
    Submitted August 31, 1981.
    J. David Underman, for appellant; Michael J. Veshecco, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Order of the court affirmed.


text:
    440 A.2d 1239
    Commonwealth v. Clifford, Appellant.
    Submitted December 5, 1980.
    Taylor P. Andrews, Public Defender, for appellant; Theodore B. Smith, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1240
    Commonwealth v. Farley, Appellant.
    Submitted May 22, 1981.
    Raymond H. Bogaty, for appellant; James P. Epstein, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and MONTGOMERY and VAN der VOORT, JJ.
   Order affirmed.


text:
    440 A.2d 1240
    Commonwealth v. Goehring, Appellant.
    Submitted December 5, 1980.
    Dennis C. Pfannenschmidt, Assistant Public Defender, for appellant; David Grine, District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1240
    Commonwealth v. Harris a/k/a Davis, Appellant.
    Petition for Allowance of Appeal Denied Feb. 18, 1982.
    Submitted August 31, 1981.
    John H. Corbett, Jr., Public Defender, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1240
    Commonwealth v. Heinhold, etc., Appellant.
    Submitted November 14, 1980.
    Donald Calairo, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1241
    Commonwealth v. Logan, Appellant.
    Submitted May 21, 1981.
    Benjamin S. Blakley, III, for appellant; Thomas F. Morgan, District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1241
    Commonwealth v. Madera, Appellant.
    Submitted March 6, 1980.
    Samuel L. Andes, for appellant; Joseph H. Kleinfelter, Deputy District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The judgment of sentence and order of the lower court is affirmed.


text:
    440 A.2d 1241
    Commonwealth v. Moore, Appellant.
    Argued January 20, 1981.
    William W. Spalding, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.

DiSALLE, J., filed a memorandum dissenting opinion.


text:
    440 A.2d 1242
    Commonwealth v. Reefer, Appellant.
    Argued August 31, 1981.
    Gregory K. Douglass, for appellant; Thomas Monet, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Order affirmed.


text:
    440 A.2d 1242
    Commonwealth v. Smith, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1242
    Commonwealth v. Stoltzfus, Appellant.
    Submitted March 11, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and MONTGOMERY, JJ.
   The judgment of sentence is hereby affirmed.


text:
    440 A.2d 1242
    Commonwealth v. Tarner, Appellant.

      Submitted March 25, 1981.
    Blake E. Martin, Public Defender, for appellant; John R. Walker, District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and LIPEZ, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1243
    Commonwealth v. Taylor, Appellant.
    Submitted December 5, 1980.
    Abram Frank Reynolds, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Order of the lower court affirmed.


text:
    440 A.2d 1243
    Commonwealth v. Thomas, Appellant.

      Submitted January 21, 1981.
    Irwin L. Gross, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of Judge Richard B. Klein.


text:
    440 A.2d 1243
    Commonwealth v. Williams, Appellant.
    Submitted May 22, 1981.
    Timothy M. Carland, Assistant Public Defender, for appellant; Edward J. Tocci, District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1244
    Commonwealth v. Wilson, Appellant.

      Submitted May 26, 1981.
    Michael A. Seidman, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and McEWEN, JJ.
   Judgment of sentence affirmed on the opinion of the court below.


text:
    440 A.2d 1244
    Com. ex rel., Maiorano v. Maiorano, Appellant.
    Argued June 1, 1981.
    Charles W. Proctor, III, for appellant; James G. Buckler, for appellee.
    Before McEWEN, MONTEMURO and SHERTZ, JJ.
   The order of the court below is hereby affirmed.


text:
    440 A.2d 1244
    Drevers, etc., Appellant v. Booz, et al.
    Argued December 5, 1979.
    Ellen Fanning, for appellant; John J. Hart, for Booz, appellee; David Durben, did not file a brief on behalf of Smith, appellee.

      Before SPAETH, CAVANAUGH and O’KICKI, JJ.

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

   Affirmed.

CAVANAUGH, J., concurred in the result.


text:
    440 A.2d 1244
    Eisaman, etc., et al., Appellants v. Smith, et al.
    Argued March 18, 1981.
    John M. Leonard, submitted a brief on behalf of appellants; Edgar P. Herrington, Jr., for appellees.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Order affirmed.

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


text:
    440 A.2d 1245
    Feingold, Appellants v. Provident Nat’l Bank.
    Petition for Allowance of Appeal Denied June 16, 1982.
    Argued March 3, 1981.
    Joseph Mellace, for appellants; Walter Weir, Jr., for appellee.

      Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Appeal quashed.


text:
    441 A.2d 440
    Hazelwood Lumber Co. v. Smallhoover, et ux., Appellants. Hazelwood Lumber Co., Appellant v. Smallhoover, et ux.
    Reargument Denied March 3, 1982.
    Argued November 13, 1980.
    Jay D. Glasser, for Smallhoover, appellants (at No. 447) and appellees (at No. 480); Maurice A. Nernberg, Jr., for Hazel-wood, appellant (at No. 480) and appellee (at No. 477).
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    440 A.2d 1245
    Penn-Aire v. B & L Paving, Appellant.
    Petition for Allowance of Appeal Denied March 8, 1982.
    Argued September 1, 1981.
    Richard J. Audino, for appellant; Albert C. Odermatt, Jr., for appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ,
   Judgment affirmed.


text:
    441 A.2d 441
    Provident Consumer Dis. Co. et al. v. Martin, Appellant.
    Submitted December 5, 1980.
    Julius E. Fioravanti, for appellant; James W. Tracey, III, for Provident, appellee; Norman R. Segal, for Robinson, appellee; Saul Solomon, for Rogen, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Order affirmed.


text:
    440 A.2d 1245
    Rose, Appellant v. Rose.
    Argued August 31, 1981.
    T. Lawrence Palmer, for appellant; William D. Kemper, for appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   The orders of the court below are affirmed.

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


text:
    November 13, 1981.
    440 A.2d 1245
    Commonwealth v. Bureau, Appellant.
    Submitted January 6, 1981.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1246
    Commonwealth v. Campbell, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Argued September 9, 1981.
    Gwanita G. Hester, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1246
    Commonwealth v. Cantor a/k/a Gold, Appellant.
    Petition for Allowance of Appeal Denied April 2, 1982.
    Argued December 1, 1980.
    Victor S. Jaczun, for appellant; Thomas R. Hecker, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1246
    Commonwealth v. Capers, Appellant.
    Petition for Allowance of Appeal Denied Feb. 25, 1982.
    Submitted March 31,1981.
    Carol K. McGinley, Public Defender, for appellant; William Platt, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The judgment of sentence dated June 6, 1980 is affirmed.


text:
    440 A.2d 1247
    Commonwealth v. Harrington, Appellant.
    Argued January 27, 1981.
    Brian R. Williams, for appellant; Ellen Mattleman, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   The judgment of sentence dated April 3, 1980 is affirmed on the comprehensive opinion of Judge Shoyer.


text:
    440 A.2d 1247
    Commonwealth v. Kaufman, Appellant.
    Submitted January 7, 1981.
    Arthur J. King, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1247
    Commonwealth v. McClendon, Appellant.
    Petition for Allowance of Appeal Denied Sept. 9, 1982.
    Submitted December 1, 1980.
    Peter C. Bowers, for appellant; Mark Gurevitz, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    440 A.2d 1248
    Commonwealth v. Moon, Appellant.
    Argued March 18, 1981.
    Robert G. Kochems, for appellant; James P. Epstein, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Order affirmed.

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


text:
    440 A.2d 1248
    Commonwealth v. Moore, Appellant.
    Petition for Allowance of Appeal Denied Feb. 16, 1982.
    Argued September 10, 1980.
    John J. Gallagher, for appellant; Michele A. Goldfarb, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    441 A.2d 441
    Commonwealth v. Plutko, Appellant.
    Submitted November 14, 1980.
    Richard L. Smith, for appellant; John L. Brown, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1248
    Commonwealth v. Reagle, III, Appellant.
    Argued March 18, 1981.
    Raymond H. Bogaty, for appellant; James P. Epstein, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Order affirmed.

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


text:
    440 A.2d 1248
    Commonwealth v. Wilson, Appellant.
    Submitted January 26, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant; Gaele McLaughlin Bart-hold, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   The judgment of sentence is affirmed.


text:
    440 A.2d 1249
    In re Scott D. Conner. Appeal of Scott D. Conner.
    Submitted November 10, 1980.
    Robert P. Rea, for appellant; Frederick B. Gieg, Jr., for Commonwealth, participating party.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.

BROSKY, J., filed a memorandum dissenting opinion.


text:
    440 A.2d 1249
    Creamer, Jr. etc., Appellants v. Quigley & City of Philadelphia.
    Argued December 5, 1980.
    Marshall E. Kresman, for appellants; Francis P. Devine, III, for appellees.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    440 A.2d 1249
    Fiebig, Appellant v. Neidich. Fiebig v. Neidich, Appellant.
    Argued December 2, 1980.
    Scott E. Townsley, for appellant (at No. 1239) and appellee (at No. 1248); Harry W. Reed, Jr., for appellant (at No. 1248) and appellee (at No. 1239).
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    440 A.2d 1250
    Jeffers, Appellant v. Atlantic Track, etc., et al.
    Petition for Allowance of Appeal Denied Feb. 26, 1982.
    Argued March 17, 1981.
    Frank C. Lewis, for appellant; Bruce Martin and Oran W. Panner, for appellees.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Order affirmed.

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


text:
    440 A.2d 1250
    Klopp etc. v. The Borough of Danville, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Argued December 1, 1980.
    Howard A. Berman, for appellant; Thomas A. James, Jr., for appellees.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    440 A.2d 1250
    McCauley v. De La Torre Orthopedic Appl., et al. Appeal of De La Torre Orthopedic Appliances.
    Argued November 13, 1980.
    David H. Patterson, for appellant; Edward D. Klym, for Ivey, appellee; and Warren D. Ferry, for Cappola, appellees.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Appeal quashed.

HESTER, J., concurred in the result.


text:
    440 A.2d 1250
    David N. C., Appellant v. Kathleen M. C.
    Argued June 10, 1980.
    David N. C. appellant, in propria persona; Samuel Andes, for appellee.
    Before BROSKY, WATKINS and CIRILLO, JJ.

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

   Order affirmed.


text:
    440 A.2d 1251
    Reed, et al, Appellants v. Braddock Gen. Hospital, et al.
    Petition for Allowance of Appeal Denied Feb. 26, 1982.
    Argued November 13, 1980.
    Anthony J. Martin, for appellants; Frederick N. Egler, for appellees.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    440 A.2d 1251
    Sgro, Appellants v. Rosenbaum, M. D. Sgro, Appellants v. Tehrani, M. D.

      Argued December 5, 1978.
    Frank Carano, for appellants; James Lewis Griffith, for appellees.
    Before CERCONE, P. J., and HESTER and HOFFMAN, JJ.
   Affirmed.


text:
    November 20, 1981.
    440 A.2d 1251
    Commonwealth v. Dukes, Appellant.
    Petition for Allowance of Appeal Denied April 1, 1982.
    Submitted September 10, 1981.
    Douglas M. Johnson, Assistant Public Defender, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1252
    Commonwealth v. Howell, Appellant.

      Submitted June 23, 1981.
    Richard A. Bramhall, Jr., for appellant; John C. Uhler, District Attorney, for Commonwealth, appellee.
    Before PRICE, BECK and JOHNSON, JJ.
   Order of the lower court is affirmed.

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


text:
    440 A.2d 1252
    Commonwealth v. Kane, Appellant.
    Submitted March 2, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1252
    Commonwealth v. Kennedy, Appellant.

      Submitted September 2, 1981.
    Robert F. Palmquist, for appellant; Edward Tocci, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1253
    Commonwealth v. King, Appellant.
    Submitted December 5, 1980.
    Francis J. Moran, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   Judgment of sentence dated April 23, 1980 is affirmed.


text:
    440 A.2d 1253
    Commonwealth v. Lester, Appellant.
    Petition for Allowance of Appeal Denied March 18, 1982.

      Argued May 4, 1981.
    Abraham J. Golden, for appellant; Dennis Cohen, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    440 A.2d 1253
    Commonwealth v. Moroz, Appellant.
    Petition for Allowance of Appeal Denied Feb. 25, 1982.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1253
    Commonwealth v. O’Brien, Appellant.

      Submitted December 5, 1980.
    Joseph F. Sklarosky, Assistant Public Defender, for appellant; Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   The judgment of sentence is affirmed.


text:
    440 A.2d 1254
    Commonwealth v. Price, Appellant.
    Argued September 2, 1981.
    M. Scot Curran, for appellant; Debbie O’Dell, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1254
    Commonwealth v. Stroman, Appellant.
    Submitted September 1, 1981.
    John Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1254
    Katz, Appellants v. Nationwide Protective Systems, et al.
    Argued December 4, 1980.
    Joanne E. Kleiner, for appellants; Norman Mittman, for appellees.
    Before BROSKY, HOFFMAN and LIPEZ, JJ.
   Order affirmed.


text:
    442 A.2d 830
    Lee, et ux., Appellants v. Meckley Heirs, etc.
    Rehearing Denied March 26, 1982.
    Argued April 11, 1979.
    Clarence R. Kramer, for appellants; Joseph Colavecchi, for appellees.
    Before CERCONE, P. J., WIEAND and HOFFMAN, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1254
    Linko, Appellants v. Haupt.

      Argued December 4, 1980.
    Richard S. Campagna, for appellants; Richard W. Baglet, Jr., for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    November 30, 1981.
    440 A.2d 1255
    Bensalem Township v. Dunlap, Appellant.
    Argued September 14, 1981.
    David Dunlap, appellant, in propria persona; Leslie G. Dias, for appellee.
    Before CAVANAUGH, DiSALLE and WATKINS, JJ.
   Affirmed.


text:
    440 A.2d 1255
    Charmley, etc. v. Crossgates, Inc., etc., Appellant.
    Argued November 11, 1980.
    Alan C. Jacobson, for appellant; Lawrence R. Zewe, for appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Order affirmed.

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


text:
    440 A.2d 1255
    Commonwealth v. Albert, Appellant.
    Petition for Allowance of Appeal Denied March 30, 1982.
    Argued April 7, 1981.
    Randolph W. Albert, appellant, in propria persona; Andrew B. Cohn, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HOFFMAN and VAN der VOORT, JJ.
   The order of the lower court is hereby affirmed.


text:
    440 A.2d 1256
    Commonwealth, Appellant v. Badger.
    Petition for Allowance of Appeal Denied April 30, 1982.
    Submitted December 4, 1980.
    Kenneth A. Osokow, Assistant District Attorney, for Commonwealth, appellant; George E. Lepley, Jr., Assistant Public Defender, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    444 A.2d 1303
    Commonwealth v. Berry, Appellant.
    Reargument Denied April 2, 1982.
    Submitted March 31, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    440 A.2d 1256
    Commonwealth v. Brown, Appellant.
    Argued September 9, 1981.
    David R. Black, for appellant; Kristine F. Hughey, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence and order affirmed.


text:
    440 A.2d 1256
    Commonwealth v. Davis, Appellant.
    Submitted January 7, 1981.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant; Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment of sentence affirmed.

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


text:
    440 A.2d 1256
    Commonwealth v. Hobson, Appellant.
    Submitted September 2, 1981.
    James J. Stuczynski, for appellant; Michael R. Cauley, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Order affirmed.


text:
    440 A.2d 1257
    Commonwealth v. Lang, Appellant.
    Submitted September 10, 1981.
    Thomas G. Klingensmith,. Assistant Public Defender, for appellant; Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1257
    Commonwealth v. Lewis, Appellant.
    Submitted September 2, 1981.
    John A. Halley, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1257
    Commonwealth v. Meinert, Appellant.
    Petition for Allowance of Appeal Denied March 19, 1982.
    Submitted April 14, 1981.
    Philip P. Lope, for appellant; Robert F. Hawk, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Order affirmed.


text:
    440 A.2d 1258
    Commonwealth v. Mosser, Appellant.
    Argued December 4, 1980.
    Annabella D. Mosser, appellant, in propria persona; Charles M. Guthrie, Jr., Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Conviction and sentence affirmed.


text:
    440 A.2d 1258
    Commonwealth v. Rodriquez, Appellant.
    Submitted December 5, 1980.
    Charles B. Coleman, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of W. Richard Eshelman, P. J.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1258
    Commonwealth v. Rodriquez, Appellant.
    Submitted December 5, 1980.
    Charles B. Coleman, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of W. Richard Eshelman, P. J., with addendum.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1259
    Commonwealth v. Rodriquez, Appellant.
    Submitted December 5, 1980.
    Charles B. Coleman, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of W. Richard Eshelman, P. J. We adopt this opinion only as it relates to the issues raised on this appeal; those issues not raised having been waived.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1259
    Commonwealth v. Rodriquez, Appellant.
    Submitted December 5, 1980.
    Charles B. Coleman, Assistant Public Defender, for appellant; George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence is affirmed on the comprehensive opinion of W. Richard Eshelman, P. J. We adopt this opinion only as it relates to the issues raised in this appeal; those issues not raised having been waived.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1259
    Commonwealth v. Smith, Appellant.
    Petition for Allowance of Appeal Denied Feb. 23, 1982.
    Submitted September 1, 1981.
    Thomas P. Ruane, Jr., for appellant; Gerald R. Solomon, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    440 A.2d 1260
    Commonwealth v. Stark, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Submitted November 14, 1980.
    Paulette J. Balogh, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgments of sentence affirmed.

SPAETH, J., filed a memorandum concurring statement.


text:
    440 A.2d 1260
    Commonwealth ex. rel. Sohmer v. Sohmer, Appellant.
    Argued May 5, 1981.
    Steven R. Sosnov, for appellant; Maurino J. Rossanese, for appellee.
    Before CERCONE, P. J., SPAETH and CAVANAUGH, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1260
    Commonwealth ex rel. DiStasio v. DiStasio. Appeal of Rosalie A. DiStasio.
    Argued December 5, 1980.
    Joseph A. Ruggieri, for appellant; Frank J. Marcone, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    440 A.2d 1260
    D’Amico, Appellant v. Charles Heeter, etc.
    Argued September 2, 1981.
    Mark S. Galper, for appellant; Louis C. Lalumere, submitted a brief on behalf of appellee.
    Before WICKERSHAM, BECK and WIEAND, JJ.
   The order of the lower court is affirmed.


text:
    440 A.2d 1261
    DeAngelis, Appellant v. Newman, etc.
    Petition for Allowance of Appeal Granted March 8, 1982.
    Argued April 6, 1981.
    Sidney M. DeAngelis, appellant, in propria persona; Marvin L. Wilenzik, for appellee.
    Before SPAETH, CAVANAUGH and VAN der VOORT, JJ.
   The order of the lower court is hereby affirmed.


text:
    440 A.2d 1261
    Donmoyer v. Donmoyer, Appellant.

      Submitted January 20, 1981.
    Lester Krasno, for appellant; John T. Pfeiffer, III, for appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Order affirmed.


text:
    440 A.2d 1261
    Hoffmaster, etc., Appellants v. Berk’s County Children’s Service.
    Submitted January 26, 1981.
    Arthur L. Gutkin, for appellants; Alfred W. Crump, Jr., Assistant County Solicitor, for appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   Order affirmed.


text:
    440 A.2d 1261
    Kurpiewski v. Kurpiewski, Appellant.
    Argued January 12, 1981.
    Felix J. DeGuilio, for appellant; Catherine T. Martin, for appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.


text:
    441 A.2d 763
    Potter, et. al v. Lavin, et. al. Appeal of Lorraine Nagele and Joseph Nagele.
    Reargument Denied March 11, 1982.
    Argued January 5, 1981.
    Ronald Jay Bayer, for appellants; M. Landon Spencer, for appellees.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Judgment affirmed.

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


text:
    440 A.2d 1262
    Sands, Appellant v. Sands.
    Argued April 7, 1981.
    Robert P. Snyder, for appellant; Richard Giannini, Jr., for appellee.
    Before SPAETH, HOFFMAN and VAN der VOORT, JJ.
   The order of the lower court is hereby affirmed.


text:
    440 A.2d 1262
    Stinner v. Stinner, Appellant.
    Argued December 4, 1980.
    James R. Fiorentino, for appellant; Michael P. Shay, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Affirmed.


text:
    440 A.2d 1262
    Waldman, Appellant v. Jordan.
    Argued May 21, 1981.
    Richard F. Kronz, for appellant; Paul T. Grater, for appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment affirmed.


text:
    440 A.2d 1262
    West Whiteland Mun. Auth., Appellant v. Lisbon Con., et al.

      Argued January 6, 1981.
    Daniel L. Thistle, for appellant; George E. Rahn, Jr., for Lisbon, appellee; Robert C. Paul, for Carlgen, appellee; C. Robert Elicker, Jr., for Somerset, appellee; Timothy B. Barnard, for Weston, appellee.
    Before PRICE, WIEAND and HOFFMAN, JJ.
   Orders affirmed.

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


text:
    443 A.2d 366
    Wilde v. New Evangelical, etc. v. Pearce, Appellant.
    Reargument Denied April 13, 1982.
    Argued April 14, 1981.
    Samuel Oppenheim, for appellant; James M. Burton, for appellees.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Order affirmed.


author: PER CURIAM:

text:
    442 A.2d 1183
    COMMONWEALTH of Pennsylvania, v. John M. CRUICE, Appellant.
    Superior Court of Pennsylvania.
    Submitted March 18, 1980.
    Filed March 19, 1982.

      Albert C. Oehrle, Norristown, for appellant.
    Ronald T. Williamson, Assistant District Attorney, Norris-town, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   PER CURIAM:

Appellant was convicted of damaging an unattended vehicle and failing to stop or report the accident.1 Appellant contends that the trial court erred in finding that the Commonwealth offered sufficient evidence to sustain his conviction. For the following reasons we vacate the judgment of sentence, and remand to permit appellant to file post verdict motions nunc pro tunc.

The facts adduced at trial are as follows. At dusk on February 9,1979, appellant was driving a late model station wagon on the Schuylkill Expressway in Montgomery County. His vehicle swerved and struck a sportscar parked on the berm. Appellant did not stop or report the accident. An eyewitness to the accident, Mr. Boulden, notified the police, and gave them the license number of the station wagon and a description of the driver. A hearing was held before a district magistrate on April 19, 1979, at which appellant was positively identified by Mr. Boulden and found guilty.2 Appellant appealed to the Montgomery County Court of Common Pleas and a de novo trial was held on August 16,1979. At trial appellant’s brother, who closely resembled appellant, sat behind defense counsel and appellant sat in the last row of the courtroom. The court ordered appellant’s brother to counsel’s table, believing him to be appellant. Appellant’s brother sat at counsel’s table and was identified by Mr. Boulden as the driver of the station wagon. The trial court found appellant guilty despite Mr. Boulden’s erroneous identification. Appellant appealed from the judgment of sentence directly to this court without filing post verdict motions.

A defendant has ten days after a conviction in which to file post verdict motions. Pa.R.Crim.P. 1123. Any issue not raised by post verdict motion is deemed waived. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). In Commonwealth v. Koch, 288 Pa. Superior Ct. 290, 293, 431 A.2d 1052, 1054 (1981), we held that the rule requiring post verdict motions is applicable to summary convictions. Appellant’s appeal, therefore, generally would be barred by his failure to file post verdict motions. The record establishes, however, that the trial judge failed to advise appellant (1) of his right to file post verdict motions; (2) the time within which he could file such motions; and (3) the consequences of his failure to file post verdict motions. Moreover, the court found appellant guilty at the close of trial, and did not afford him the ten day period in which to file post verdict motions. Thus, since the trial court failed to inform appellant of his right to file post verdict motions, and because appellant filed his appeal prior to our holding in Koch, we remand for the filing of post verdict motions.

The judgment of sentence is vacated and the case remanded for the filing of post verdict motions nunc pro tunc.


text:
    442 A.2d 1184
    COMMONWEALTH of Pennsylvania v. Patrick McNELIS, Appellant.
    Superior Court of Pennsylvania.
    Argued Dec. 2, 1980.
    Filed March 19, 1982.

      Stephen F. Freind, Havertown, for appellant.
    Vram Nedurian, Jr., Assistant District Attorney, Media, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   PER CURIAM:

This appeal is from the judgment of sentence imposed by the trial court following appellant’s conviction for illegal transportation of liquor, a summary offense under section 4-491(2) of the Liquor Code. For the reasons stated herein, we vacate the judgment of sentence and remand the case to the court of common pleas to permit appellant to file post-verdict motions nunc pro tunc.

Appellant was cited for illegal transportation of liquor on November 7, 1979. Following a summary trial before a district justice, appellant was found guilty and sentenced to pay a fine of $100 and costs of $26. An appeal to the court of common pleas was perfected, see Pa.R.Crim.P. 67, and a bench trial was commenced on March 3, 1980. The trial judge found appellant guilty and sentenced him to pay the fine and costs. This appeal followed.

Appellant contends that certain evidence admitted at his nonjury trial should have been excluded as the product of an illegal search and seizure. This substantive claim has not been properly placed before us, however, because appellant did not file post-trial motions in the court below. See Pa.R.Crim.P. 1123. Ordinarily, the failure to file post-verdict motions precludes appellate review altogether. The record sub judice, however, reveals that the trial judge did not advise appellant of: his right to file post-verdict motions; the time within which those motions must be filed; and the consequences of the failure to file such motions. In these circumstances, we cannot hold that appellant knowingly and intelligently waived his substantive claim. See generally Commonwealth v. Koch, 288 Pa.Superior Ct. 290, 431 A.2d 1052 (1981).

We thus vacate the judgment of sentence and remand the case to the court of common pleas to permit appellant to file post-verdict motions nunc pro tunc. Id., 288 Pa.Super, at 302, 431 A.2d at 1058-59 (Price, J., concurring). We emphasize, however, that only those contentions which are presented in compliance with Pa.R.Crim.P. 1123 will be reviewed on appeal. Commonwealth v. Harmon, 267 Pa.Superior Ct. 224, 406 A.2d 775 (1979); Commonwealth v. Tegano, 265 Pa.Superior Ct. 453, 402 A.2d 526 (1979); Commonwealth v. Smith, 258 Pa.Superior Ct. 148, 392 A.2d 727 (1978).

      . Act of April 12. 1951, P.L. 90, art. IV, § 491, as amended, 47 P.S. § 4—491(2) (Supp. 1980-81).

      . Pa.R.Crim.P. 1123(c) provides:
      Upon the finding of guilt, the trial judge shall advise the defendant on the record:
      (1) of the right to file post-verdict motions and of the right to the assistance of counsel in the filing of such motions and on appeal of any issues raised therein;
      (2) of the time within which he must do so as set forth in paragraph (a); and
      (3) that only the grounds contained in such motions may be raised on appeal.


text:
    442 A.2d 1185
    COMMONWEALTH of Pennsylvania v. Richard SCHATZEL, Appellant.
    Superior Court of Pennsylvania.
    Submitted Feb. 25, 1981.
    Filed March 19, 1982.
    Joseph F. Sklarosky, Assistant Public Defender, Wilkes-Barre, for appellant.

      Chester B. Muroski, District Attorney, Wilkes-Barre, for Commonwealth, appellee.
    Before SPAETH, WIEAND and JOHNSON, JJ.
   PER CURIAM:

While under a sentence of two years special probation, Appellant was arrested and charged with Aggravated Assault, Disorderly Conduct, Criminal Mischief, Resisting Arrest, Driving While Under the Influence of Alcohol and Leaving the Scene of an Accident. As a result of these charges, a probation revocation hearing was held, his probation was revoked, and he was sentenced to six months to two years imprisonment.

Appellant contends that the revocation was error because it was based solely on the testimony of the arresting officers who did not observe the accident or see the Appellant actually driving the suspect vehicle at the scene. Upon a review of the record of the Gagnon II proceeding, we have concluded that we must remand to permit the lower court to complete compliance with the due process requirements mandated by Morrissey v. Brown, 408 U.S. 471, 487-489, 92 S.Ct. 2593, 2603-04, 33 L.Ed.2d 484, 498-499 (1972).

The Petition for Revocation of Probation upon which the hearing was held claimed that the Appellant had violated condition No. 4 in that he had been arrested and charged with the aforementioned criminal charges, and that he had also violated condition No. 10 “in that he behaved in a manner which threatened or presented a clear or present danger to himself or others.” The evidence against Appellant consisted of the testimony of two municipal police officers who presented direct testimony as to their investigation at the accident scene, their subsequent encounter with Appellant, Appellant’s flight, the police officers’ pursuit and the subsequent arrest.

At the conclusion of the Commonwealth’s evidence, counsel for Appellant moved for dismissal of the petition on the grounds that the allegations in the Petition for Revocation had not been established, and that criminal mischief had not been proven. Though it is far from clear in the record, counsel for Appellant appears also to have contended, at the revocation hearing, that probable cause did not exist for Appellant’s arrest until after a fence was broken by Appellant during his flight.

In denying the motion for dismissal, the lower court did not state on the record the evidence upon which the lower court relied in revoking the probation, or the reasons therefore, but moved immediately to sentencing. This was contrary to the minimum requirements of due process as announced in Morrissey v. Brown, supra, restated in Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 1762, 36 L.Ed.2d 656, 664 (1973) and recognized by our court in Commonwealth v. Davis, 234 Pa.Super. 31, 41, 336 A.2d 616, 621 (1975).

Included in the “minimum requirements of due process” as articulated in Gagnon v. Scarpelli, is the necessity for a written statement by the fact finder as to the evidence relied on and reasons for revoking probation. This requirement is set forth in Rule 1409 of the Pennsylvania Rules of Criminal Procedure, which expressly provides as follows:

Rule 1409. Violation of Probation or Parole: Hearing and Disposition

Whenever a defendant has been placed on probation or parole, the judge shall not revoke such probation or parole as allowed by law unless there has been a hearing held as speedily as possible at which the defendant is present and represented by counsel and there has been a finding of record that the defendant violated a condition of probation or parole. In the event that probation is revoked and sentence is reimposed, the judge shall comply with the pertinent provisions of Rule 1405. (emphasis supplied)

While we recognize that the focus of a probation violation hearing is to determine whether the probationer’s conduct has shown that probation remains an effective vehicle to accomplish rehabilitation and to provide a sufficient deterrent against future antisocial conduct, Commonwealth v. Kates, 452 Pa. 102, 114-15, 305 A.2d 701, 708 (1973), and that probation revocation hearings are flexible, permitting consideration of material not admissible at trial, Commonwealth v. Davis, id., 234 Pa.Super. at 41, 336 A.2d at 621, we are not constrained to approve the revocation of probation where we cannot determine from the record the evidence upon which the lower court relied.

Our review of the Gagnon II transcript in this case causes us to conclude that the lower court complied with neither Rule 1409 by porting a violation of probation, nor the pertinent provisions of Rule 1405(a), (b) and (c) providing for the defendant’s right to allocution at sentencing, the necessity to place the reasons for the sentence imposed on the record, and the notice to the defendant of his post-sentence rights and obligations.

Accordingly, we vacate the judgment of sentence and remand to permit the lower court to state, op the record, the evidepce upon which it relied and its findings as to specific probation violations, and, upon resentence, to comply with the pertinent provisions of Rule 1405.

Judgment of sentence is vacated and the record is remanded with a procedendo.


text:
    442 A.2d 1187
    Rose Mary TURNER, v. Charles E. MATTHEWS, Appellant.
    Superior Court of Pennsylvania.
    Argued May 4, 1981.
    Filed March 19, 1982.

      Lawrence H. Rudnick, Willow Grove, for appellant.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   PER CURIAM:

On May 24, 1976, an agreed order was entered whereby appellant, Charles E. Matthews, agreed to pay $10 per week for the support of his illegitimate son, Charles E. Turner. On April 6, 1977, appellee, Rose Mary Turner, the mother of said child, petitioned the lower court to increase the support and, on May 3,1977, the order was amended to provide for a payment of $22.50 per week for the support of Charles. Appellant, on May 9, 1980, filed a pro se petition to modify the May 3, 1977, order which alleged that he was unable to comply therewith because he was on public assistance and could not obtain employment. After a hearing on September 4, 1980, the lower court denied appellant’s petition and this appeal followed. For the following reasons, we vacate the order and remand for further proceedings.

The scope of review in a support case is a narrow one. Absent a clear abuse of discretion, we will defer to the order of the lower court assuming that the court, in making its findings and conclusions, follows proper procedures and applies the relevant legal principles. Banks v. Banks, 275 Pa.Super. 439, 445, 418 A.2d 1370, 1373 (1980); Weiser v. Weiser, 238 Pa.Super. 488, 362 A.2d 287 (1976). Here, the records discloses that the lower court misapplied the law.

In Conway v. Dana, 456 Pa. 536, 540, 318 A.2d 324, 326 (1976), the Pennsylvania Supreme Court made clear that the responsibilities of supporting a child inure not just to the father but rather to both parents:

We can best provide for the support of minors by avoiding artificial division of the panoply of parental responsibilities and looking to the capacity of the parties involved. Support, as every other duty encompassed in the role of parenthood, is the equal responsibility of both mother and father. Both must be required to discharge the obligation in accordance with their capacity and ability-

Accord, Ford v. Fitzgerald, 282 Pa.Super. 25, 422 A.2d 657 (1980); Berry v. Berry, 278 Pa. Super. 30, 419 A.2d 1340 (1980); Commonwealth ex rel. Cragle v. Cragle, 277 Pa.Super. 349, 419 A.2d 1179 (1980); Straub v. Tyahle, 274 Pa.Super. 411, 418 A.2d 472 (1980); Commonwealth ex rel. Mainzer v. Audi, 266 Pa.Super. 122, 403 A.2d 124 (1979); Commonwealth ex rel. Lyle v. Lyle, 248 Pa.Super. 458, 375 A.2d 187 (1977). Because the purpose of an order of support is the welfare of the children and not punishment of the parent, the award must be fair and not confiscatory. See Dugery v. Dugery, 276 Pa.Super. 51, 54, 419 A.2d 90, 91 (1980). The determination of what is fair must, of necessity, include an evaluation of the financial abilities of both parents to support the child. Conway v. Dana, supra.

In the instant case, the lower court gave no consideration to the circumstances of appellee in determining the amount of support required from appellant. Appellant supplied the lone testimony at the September 4, 1980, hearing and both the opinion of the lower court and transcript of the hearing reveal that it is at best doubtful whether appellee even received notification of the hearing at all. Therefore, the record is barren of any evidence regarding appellee’s ability to contribute to the support of her son.

Under these circumstances, we must vacate the court’s order refusing to reduce appellant’s support payments and remand for a full evidentiary hearing so that the court, in determining the appropriate support order, can consider appellee’s financial abilities along with those of appellant. See Commonwealth ex rel. Cragle v. Cragle, supra. Additionally, since a careful review of the record indicates an attitude of prejudgment on the part of the lower court, we direct that this matter be heard before another judge on remand.

Case remanded for proceedings consistent with this opinion.

      . Appellant’s brief states that appellee was employed and earning $643.44 per month. We find no competent record evidence to support that assertion. At the hearing, appellant’s counsel states that, during a Domestic Relations Conference, appellee stated that her income was $643.44 per month. Counsel never indicated when that Conference occurred. In any event, since appellee never attended the September 4, 1980, hearing to confirm her earnings, the court could not determine how much, if any, of that amount could reasonably be allotted to child support. The lower court’s opinion accordingly failed to consider appellee’s alleged income of $643.44 per month in framing its support order.

      . On remand, the court may reconsider its decision denying appellant’s prayer for remission of arrearages accumulated since October 1979, when appellant allegedly began receiving public assistance. As noted in the opinion of the lower court, the record does not reflect that appellant ever filed a petition to remit arrearages. The court nonetheless addressed and rejected appellant’s apparent oral request to remit arrearages. This was error. The fact that the lower court erroneously considered appellant’s orally presented petition for arrearages will not suffice to preserve that issue for appellate review. Cf. Commonwealth v. Philpot, 491 Pa. 598, 421 A.2d 1046 (1980) (erroneous consideration of post-verdict claims presented only orally will not preserve those claims for appellate review). However, in light of our decision to remand to consider appellee’s financial situation, we will allow appellant an opportunity to renew his petition to remit arrearages.


author: MONTGOMERY, Judge:

text:
    442 A.2d 1189
    William B. WILSON, Appellant, v. Judith G. WILSON. William B. WILSON, a/k/a William Barnard Wilson v. Judith G. WILSON, a/k/a Judith Gonczo Hinckley Wilson, Appellant.
    Superior Court of Pennsylvania.
    Argued Dec. 2, 1980.
    Filed Sept. 4, 1981.
    Reargument Denied April 8, 1982.
    Petition for Allowance of Appeal Denied June 16, 1982.

      Walter T. ReDavid, Media, for appellant (at Nos. 169, 1743/1746) and for appellee (at No. 2200).
    Timothy F. Sullivan, Media, for appellant (at No. 2200) and for appellee (at Nos. 169, 1743/1746).
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   MONTGOMERY, Judge:

We have before us six appeals, all arising from a divorce proceeding filed under the Divorce Law of May 2, 1929, P.L. 1237, as amended, 23 P.S. § 1 et seq. (now repealed) by William B. Wilson (Husband) against Judith G. Wilson (Wife). They have been consolidated for disposition purposes.

Appeal No. 2200 October Term, 1979 was taken by the husband from orders of. the lower court (Levy, J.) dated September 27, 1979, denying his petition to reduce an award to the wife of $1800.00 per month as alimony pendente lite which had previously been entered by stipulation of the parties, and another order of the same date allowing additional counsel fees and expenses to wife’s counsel.

Appeal No. 1745 Philadelphia, 1980 was taken by the wife from an order of the lower court (Prescott, J.) dated June 27, 1980, and entered June 30, 1980, dismissing her exceptions to the report of the Master in Divorce.

Appeal No. 1746 Philadelphia, 1980 was taken by the wife from the final decree in divorce granted June 30, 1980, by the lower court (Prescott, J.).

Appeal No. 1743 Philadelphia, 1980 was taken by the wife from the order of the lower court (Prescott, J.) dated July 18, 1980, denying her Petition for Reconsideration, Vacation of Final Decree and Recusal of Judge Prescott.

Appeal No. 1744 Philadelphia, 1980 was taken by the wife from an order (DeFuria, J.) dated July 21, 1980, denying her Petition for Certification of the Action for Disposition under the New Divorce Code, Act of April 2,1980, P.L. 63, Act No. 26, 23 P.S. § 101 et seq., and for a stay of proceedings.

Appeal No. 169 Philadelphia, 1981 was taken by the wife from an order (Reed, J.) entered January 9, 1981, granting husband’s Petition to Terminate the Alimony Pendente Lite payments and denying wife’s Petition for Contempt.

The basic issue is, of course, the propriety of the decree in divorce A.V.M. granted to the husband on the grounds of indignities to his person. After reviewing over a thousand pages of testimony and numerous depositions, the Master had recommended such a decree. After hearing arguments and considering briefs on eighty-two exceptions filed by the wife to the report of the Master, a court en banc consisting of the Honorable Rita J. Prescott and the Honorable Clement J. McGovern heard arguments on the exceptions on December 22, 1979.

Due to the pendency of the husband’s appeal from the order refusing to reduce his alimony pendente lite payments, and the order granting additional counsel fees and expenses, disposition of the exceptions was delayed from December 22, 1979, until June 27, 1980, when they were dismissed. A final decree in divorce was entered June 30, 1980, one day before the effective date of the new Divorce Code, P.L. 63, Act 26, approved April 2, 1980, 23 P.S. § 101 et seq.

In the opinion dismissing the exceptions authored by Judge Prescott for the court en banc, (the concurrence of Judge McGovern is not shown) it is stated “Because of an unrelated aspect of this case, the record papers of the case were forwarded to the Superior Court of Pennsylvania, thus delaying a disposition of the Defendant’s Exceptions. On June 20, 1980, the record papers were returned to this court and this opinion is now written in disposition of the Defendant’s Exceptions.” As further enlightenment on this point, we note from the reproduced record (R. 1495a) the Judge Prescott advised counsel by letter dated June 4, 1980, that the Master’s Report and the exceptions thereto were in the Superior Court, and the lower court was without authority to act on the exceptions without them. We also note that at the time this letter was sent, there was in effect an order signed by the Honorable Howard Reed, Jr., Judge, dated March 24,1980, staying the entry of a final decree in divorce until the husband became current in his payments of alimony and counsel fees, etc.

How this record came into the hands of Judge Prescott after it had been filed in the Superior Court on February 26, 1980, is explained by Judge Prescott in the following manner (R. 1518a): “I told him (Mr. ReDavid, counsel for wife) that I had just talked with the clerk at the Superior Court and made arrangements to have the record transported to me. Actually, I didn’t know until your petition was filed that Mr. Sullivan had brought the record. All I know is that when I came in the next morning, I saw a big box, which you say is a voluminous record, and that was the record of Wilson v. Wilson, and we went to work.” Why Mr. Sullivan retained it in his possession from June 12 to June 20 is not explained.

A check of our records in the Superior Court discloses no petition or order to remand this record to the lower court for any purpose. Had there been such authorization or order, the record would have been returned to the clerk of that court and not delivered to counsel for one of the parties or directly to Judge Prescott. Miss Casiello, a clerk in the Prothonotary’s Office, who was called by Mr. Sullivan, attorney for the husband, to testify at a hearing before Judge Prescott on July 18, 1980, on the wife’s Petition for Reconsideration, Vacation of Final Decree and Recusal of Judge Prescott, stated (R. 1552a et seq.) that she received a call from Judge Prescott who inquired whether she could borrow a record that the court had and that the attorney for the plaintiff (husband) would give her the necessary information, that Mr. Sullivan gave that information and offered to pick up the record, which he did. The records in the Office of the Prothonotary show he received the record on June 12, 1980, eight days before Judge Prescott received it. Miss Casiello stated further that this was an unusual practice and that normally records were sent to the Clerk of the Court. Furthermore, there is no record of the return of this record by Judge Prescott as required by Pa. R.A.P. 3114.

Rule 3114 prescribes the procedure for the control of original papers on file with the appellate courts.

Rule 3114. Original Papers

No original record or paper shall be taken from its appropriate place among the records or files of an appellate court, without a written order from a judge of the court, or from the prothonotary or other authorized officer, and the giving of a written receipt therefor. If such order is given, the officer permitting the record or paper to be removed shall see that it is returned immediately on the expiration of the time specified in the order, or within one day after it is taken out, if no time is specified therein. Although Judge Prescott, in her opinion, says that the

appeal from the order dismissing the husband’s petition for a reduction in his alimony payments and allowing additional counsel fees to wife’s attorney is an unrelated aspect of the case which caused the record to be forwarded to the Superi- or Court, we do not agree that the issue before the Superior Court was unrelated to the divorce proceeding.

From the early stages of these proceedings, the matter of alimony and counsel fees was closely related to the divorce sought by the husband. As early as June 13, 1978, when Judge Levy ordered the husband to pay temporary alimony pendente lite, he also ordered the Master, who had previously been appointed to hear testimony and make a recommendation, not to proceed with the hearings until further order of court. Thereafter, on July 14, 1978, the Master was ordered to proceed. Again, on March 13, 1979, all proceedings in the divorce action were stayed because of husband’s arrearages in his payments of alimony. On May 2, 1979, after the husband had paid those arrearages at a hearing, Judge Levy made an order for the Master to proceed. On September 27, 1979, Judge Levy signed the orders from which the husband, on October 25, 1979, took the appeal (2200 October, 1979) previously described. Thereafter, on November 7, 1979, the Master filed his report to which the wife filed exceptions on November 15, 1979.

On February 26, 1980, the record of the lower court, including the Master’s Report, the wife’s exceptions and twenty-eight volumes of testimony and exhibits, was certified by the lower court and transmitted to the Prothonotary of the Superior Court where it remained intact until June 12, 1980, when it was delivered to Mr. Sullivan in the manner previously described by Miss Casiello.

One other matter which is significant is the order of Judge Reed, previously mentioned, staying the grant of a decree in divorce until the husband paid the arrearages then due in the amount of $22,000.00 or more.

If we were to agree with Judge Prescott that the matter of alimony and counsel fees was unrelated to the divorce, we would be ignoring the true facts in this case.

Although we have said that the matter of alimony pendente lite is collateral to the divorce proceeding, the merits of which are not involved in the alimony matter, Brady v. Brady, 168 Pa.Super. 538, 79 A.2d 803 (1951), we have also recognized that the purpose of temporary alimony is to enable a wife to maintain or defend the principal action and to meet her expenses in connection with the litigation. Oswald v. Oswald, 263 Pa.Super. 85, 397 A.2d 7 (1979). Were we to adopt the statement of Judge Prescott that alimony pendente lite and counsel fees were unrelated to the divorce action, it would create just such a situation as the present case, where the husband, by his appeal and failure to make the payments he was ordered to pay, could deprive his wife of the financial means to defend the divorce action with which he was proceeding. This would be most unjust.

Judge Prescott recognized the relationship of the two matters when she wrote her letter of June 4,1980. Had the lower court thought otherwise, it could have availed itself of the privileges of Section (b)(2) of Pa. R.A.P. 1932 and reserved the right to retain part of the record for its use during the pendency of the appeal, which it did not do. Instead, it certified the entire voluminous record to the appellate court.

Another fact of significance on this point is that the husband tendered a check for his arrearages in full (except some disputed medical claims) at or shortly before the hearing conducted before Judge Reed on June 27, 1980, so that the stay provided for in Judge Reed’s order of March 24,1980, could be lifted and no longer be a bar to the entry of a decree in divorce. The reason for this action is apparent. It was for the purpose of overcoming any effect the New Divorce Code might have on these proceedings. The denial of the wife’s petition for certification was for one reason alone, the entry of the decree in divorce on June 30, 1980, one day before the new law became effective.

Rule 1701 of the Rule of Appellate Procedure expressly limits the power of a lower court after an appeal has been filed in a case:

Rule 1701. Effect of Appeal Generally, (a) General Rule. Except as otherwise prescribed by these rules, after an appeal is taken or a petition for allowance of appeal is filed in a matter or review of a quasi-judicial order is sought, the lower court or other government unit may no longer proceed further in the matter.

We are aware that subsection (c) of Rule 1701 limits the application of the rule to matters in dispute as did the earlier statute, Act of May 19, 1897, P.L. 67, No. 53, 12 P.S. § 1154, which permitted the lower court to proceed after an appeal was taken in a case “in anything not affected by the subject matter of the appeal.” The rule now provides:

where only a particular item, claim or assessment adjudged in the matter is involved in an appeal,. . .the appeal. . . shall operate to prevent the lower court. . . from proceeding further with only such item, claim or assessment .... Pa. R.A.P. 1701(c).

As previously stated, the present situation does not come within the exception to the general rule. This holding is consistent with prior decisions of this court. In Wolfe v. Wolfe, 202 Pa.Super. 70, 195 A.2d 272 (1963), we held that the lower court could not proceed with the cause in divorce after an appeal had been taken. See also Commonwealth ex rel. Podvasnik v. Podvasnik, 198 Pa.Super. 107, 181 A.2d 843 (1962).

We find nothing in Commonwealth v. Scholl, 156 Pa.Super. 136, 39 A.2d 719 (1944) or in White v. White, 106 Pa.Super. 85, 161 A. 464 (1932) to the contrary. In these cases, the holding was that even in the face of an appeal in a divorce proceeding, a lower court, whether the Common Pleas or the Quarter Sessions, still had a right to provide sustenance for the wife so as to prevent her from becoming a public charge; or to enforce a prior order made for alimony pendente lite or counsel fees.

Likewise in Commonwealth ex rel. Brown v. Brown, 254 Pa.Super. 410, 386 A.2d 15 (1978), we find no conflict with our views taken in the present case. Therein, as in Scholl, we recognized the right of the lower court to provide for a wife, or terminate her rights as the case might require after a decree in divorce had been entered by it and was the subject of the appeal. However, in that case, no order terminating the husband’s support obligation had been entered while the appeal was pending.

Furthermore, the fact that the Prothonotary of the Superior Court or his clerk, responded to a request made by Judge Prescott and permitted the withdrawal of the record, could not enlarge her Court’s jurisdiction over the case. The record was borrowed by Judge Prescott not remanded to her Court. Therefore, we must conclude that the receipt of the physical record by Judge Prescott did not bestow upon her Court any jurisdiction over this case which it did not otherwise have. This record, since February 26, 1980, when it was filed with the Prothonotary of the Superior Court, had been in the complete control of that court which continued to have jurisdiction over it until disposition is made of the appeal of which it is a part, viz 2200 October Term, 1979, and thereafter until it is remanded in a proper manner to the court below. That appeal was listed for argument before a panel of this court on September 10, 1980, which would have required the presence of the record. At that time, it was continued for argument in December 1980 when it was argued in consolidation with all the other appeals before us except 169 Philadelphia 1981 which was not argued orally but submitted on briefs.

The record was finally returned to the Superior Court sometime after July 21, 1980, on which date the appeals at 1743,1744,1745 and 1746 Philadelphia 1980 were filed, and it was returned as an enlarged record, containing the additional proceedings in the lower court, being again certified and transmitted by the Deputy Prothonotary of the lower court. Thus, it appears that it was filed by either Judge Prescott or Judge DeFuria with the Prothonotary of their Court and not returned to the Prothonotary of the Superior Court in the manner prescribed by Rule 3114.

We are, therefore, led to the inevitable conclusion that all proceedings in the lower court after February 26, 1980, when the record was lodged in the Superior Court, are null and void for lack of jurisdiction in the lower court to proceed with this matter after that date.

Although the question of remaining jurisdiction in the lower court was not directly raised by the wife, she does raise it indirectly by her claim of denial of due process and reference to the irregular procedure followed in this case. However, lack of jurisdiction may be raised by the appellate court sua sponte. Daly v. School Dist., 434 Pa. 286, 252 A.2d 638 (1969). Commonwealth v. Orsatti, Inc., 448 Pa. 72, 292 A.2d 313 (1972), Crafton v. Board of Property Assess., App. & Rev., 7 Pa.Cmwlth. 291, 298 A.2d 643 (1972), rev’d on other grounds, Greentree v. Board of Property Assess., App. & Rev., 459 Pa. 268, 328 A.2d 819 (1974).

We do exercise that right in this case for the reasons hereinbefore described.

The wife’s appeal at 1745 Philadelphia, 1980 from the order dismissing her exceptions to the Master’s Report is sustained and that order reversed.

The wife’s appeal at 1746 Philadelphia, 1980 from the decree in divorce is sustained and the decree vacated.

The wife’s appeal at 1744 Philadelphia, 1980 from the order of Judge DeFuria denying her petition for certification under the Divorce Code of 1980, P.L. 63, Act 26, approved April 2, 1980, 23 P.S. § 101 et seq., is sustained and that order vacated without prejudice to wife’s right to renew such petition upon the return of the record to the lower court.

The wife’s appeal at 169 Philadelphia, 1981 terminating the alimony pendente lite payments is sustained and that order vacated without prejudice to the husband to renew his petition; and further, that part of the order denying wife’s petition for contempt is also vacated without prejudice to her to renew it if any payments to which she may be entitled are not made during the future course of these proceedings.

Returning to the initial appeal of the husband at 2200 October, 1979, we have examined the record and are in complete accord with the findings of Judge Levy. There was not a sufficient change in the financial situation of the parties between the time the order of July 14, 1978, was entered by stipulation and the time of the depositions on which the order of September 27, 1979, were based, to justify a change in the order. We, therefore, affirm the order refusing to decrease the alimony pendente lite payments the husband was ordered to pay. As to the allowance of counsel fees, we will not determine the question of error in the amount stated in that order inasmuch as this matter will, of necessity, involve more services on the part of the wife’s counsel which will compel a reconsideration of this allowance. Any error in the order of September 28, 1979, may be corrected in considering any future petition for such allowances that may be presented.

The orders of Judge Levy dated September 27, 1979, are therefore affirmed.

In view of the conclusions reached, as hereinbefore expressed, we will not pass on the other assignments of error on which the wife-appellant relies.

It is further ordered that upon remand of this record, that a new court en banc consisting of members of the lower court other than those who constituted the original court en banc be assigned to hear arguments on and dispose of wife’s exceptions to the Master’s Report, and that thereafter these proceedings proceed in a manner consistent with this opinion.

This panel does not retain jurisdiction of this matter.

      . The pertinent portion of Rule 1932 provides: “(b)(2) If the record or any part thereof is required in the lower court for use there pending the appeal, the lower court may make an order to that effect, and the clerk of the lower court shall retain the record or parts thereof subject to the request of the appellate court, and shall transmit a copy of the order and of the docket entries together with such parts of the original record as the lower court shall allow and copies of such parts as the parties may designate.”

      . There are a legion of cases under the common law and the 1897 statute adhering to the general rule and placing very limited authority in the hands of the lower court after an appeal has been taken in a case. Corace v. Balint, 418 Pa. 262, 210 A.2d 882 (1965); Kingsley Clothing Mfg. Co. v. Jacobs, 344 Pa. 551, 26 A.2d 315 (1942); Commonwealth ex rel. Logan v. Toomey, 241 Pa.Super. 80, 359 A.2d 468 (1976); Weise v. Goldman, 229 Pa.Super. 187, 323 A.2d 31 (1974); Commonwealth ex rel. Dustin v. Hiepler, 209 Pa.Super. 513, 228 A.2d 671 (1967).

      . It appears the husband ignored his appeal and abided by this order when he hastily paid his arrearages on June 27, 1980, in order to lift this stay, covered by the order of Judge Reed as previously mentioned.