text:
    473 A.2d 670
    Commonwealth, Appellant, v. Ricker.
    Submitted November 7, 1983.
    Graham C. Showalter, District Attorney, for Commonwealth, appellant;
    John P. Campana, for appellee.
    Before McEWEN, JOHNSON and POPOVICH, JJ.
   The order of the learned Union County Common Pleas Court President Judge A. Thomas Wilson is affirmed.


source: Caselaw Access Project

license: Public Domain

text:
    473 A.2d 671
    Commonwealth v. Robinson, Appellant.

      Submitted January 5, 1984.
    Joseph J. Schafle Jr., for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 671
    Commonwealth v. Rose, Appellant.
    Submitted January 5, 1984.
    Elaine De-Masse, Assistant Public Defender, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 671
    Commonwealth v. Sheaffer, Appellant.
    Argued January 11, 1984.
    Smith Barton Gephart, for appellant;
    Floyd Paul Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Judgment of sentence vacated and case remanded for resentencing. Jurisdiction relinquished.

MONTEMURO, J., filed a memorandum concurring statement.


text:
    473 A.2d 672
    Commonwealth v. Smith, Appellant.
    Submitted October 3, 1983.
    James S. Bruno, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and HESTER and LIPEZ, JJ.
   Appeal quashed.


text:
    473 A.2d 672
    Commonwealth v. Smith, Appellant.

      Submitted January 5, 1984.
    Neil Lawrence Albert, for appellant;
    Joseph C. Madenspacher, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Judgment of sentence is affirmed.


text:
    473 A.2d 672
    Commonwealth v. Spencer, Appellant.
    Submitted October 21, 1983.
    Anthony E. Jackson, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and WIEAND and MONTEMURO, JJ.
   Order affirmed.

SPAETH, President Judge, concurred in the result.


text:
    473 A.2d 672
    Commonwealth v. Stansfield, Appellant.
    Argued January 12, 1984.
    David J. Foster, for appellant;
    Katherene E. Holtzinger, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Judgment of sentence vacated. Case remanded for a new trial. Jurisdiction relinquished.


text:
    473 A.2d 673
    Commonwealth v. Taylor, Appellant.
    Submitted November 28, 1983.
    Douglas M. Johnson, Public Defender, for appellant;
    Joseph A. Smyth, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed on the comprehensive opinion of the Honorable Louis D. Stefan, Judge, Court of Common Pleas, Montgomery County.


text:
    473 A.2d 673
    Commonwealth v. Terry, Appellant.
    Petition for Allowance of Appeal Denied Sept. 4, 1984.

      Submitted November 18, 1983.
    Douglas M. Johnson, Public Defender, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   The judgment of sentence of the learned Montgomery County Common Pleas Court President Judge Richard P. Lowe is affirmed.


text:
    473 A.2d 673
    Commonwealth v. Walsh, Appellant.
    Submitted November 7, 1983.
    William H. Poole, Jr., for appellant;
    Floyd Paul Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, JOHNSON and POPOVICH, JJ.
   Judgment of sentence of December 20, 1982 is reversed.


text:
    473 A.2d 674
    Commonwealth v. Weaver, Appellant.
    Submitted January 3, 1984.
    Robert F. Pappano, Assistant Public Defender, for appellant;
    Ann Aschauer Osborne, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and DEL SOLE and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 674
    Commonwealth v. Wormley, Appellant.
    Submitted October 19, 1983.
    William T. Cannon, for appellant;
    Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, BECK and MONTEMURO, JJ.
   The judgment of sentence of the learned Philadelphia County Common Pleas Court Judge John A. Geisz is affirmed.


text:
    473 A.2d 674
    Commonwealth, Appellant, v. Zimmerman.
    Submitted November 7, 1983.
    Graham C. Showalter, District Attorney, for Commonwealth, appellant;
    John P. Campana, for appellee.
    Before McEWEN, JOHNSON and POPOVICH, JJ.
   The order of the learned Union County Common Pleas Court President Judge A. Thomas Wilson is affirmed.


text:
    478 A.2d 675
    Com. ex rel. Wolfe v. Wolfe, Appellant.
    Argued November 3, 1983.
    Allen H. Krause, for appellant;
    Loren A. Schrum, for appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Order affirmed.


text:
    474 A.2d 351
    Consolidated Alum., Appellant, v. Western Fr. Assn. Inc.
    Reargument Denied May 16, 1984.
    Petition for Allowance of Appeal Denied Sept. 27, 1984.
    Argued September 20, 1983.
    Malcolm H. Waldron, Jr., for appellant;
    David L. Topel, for appellee.

      Before CIRILLO, JOHNSON and CERCONE, JJ.
   Order affirmed.


text:
    473 A.2d 675
    Diversified Micro., Appellant, v. Dyna-Tronics Ind.
    Petition for Allowance of Appeal Denied July 23, 1984.
    Argued December 14, 1983.
    Stephen A. Corbman, for appellant;
    James Eiseman, Jr., for appellees.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Order affirmed.


text:
    473 A.2d 675
    Eder v. Eder, Jr., Appellant.
    Argued November 1, 1983.
    Daniel W. Shoemaker, for appellant;
    Edward R. LeCates, for appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Order affirmed.


text:
    473 A.2d 675
    Foresman, Appellant, v. Foresman.
    Argued November 15, 1983.
    Charles J. Weyandt, for appellant;
    Ledon Young, for appellees.
    Before SPAETH, President Judge, and BROSKY and HOFFMAN, JJ.
   Affirmed.


text:
    473 A.2d 676
    In re Kellar. Appeal of H. Donald Busch Appeal of Ida E. Kellar, Ruth Aron, Formerly Ruth Abrams, Carol Abrams, David Mark Abrams and Judy Kubel
    (at No. 790).
    (at No. 791).
    Petition for Allowance of Appeal Denied Aug. 20, 1984.
    Argued November 16, 1983.
    Karen A. VonDreusche, for appellant (at No. 790) and for appellee (at No. 791);
    Pamela B. Gagne, for appellants (at No. 791) and for appellees (at No. 790).

      Before SPAETH, President Judge, and BROSKY and HOFFMAN, JJ.
   Affirmed.


text:
    473 A.2d 676
    Leeper, et al., Appellants, v. Vipond, et al.
    Argued January 25, 1984.
    Bradley M. Bassi, for appellants;
    Ross Seanor Bash, for appellees.
    Before WIEAND, TAMILIA and POPOVICH, JJ.
   The appeal is quashed. An order denying a motion for judgment on the pleadings is interlocutory and not appealable. See: Noto v. Noto, 293 Pa.Super. 161, 437 A.2d 1255 (1981).


text:
    473 A.2d 676
    McCue v. McCue, Appellant.
    Argued December 13, 1983.
    Timothy A. Shollenberger, for appellant;
    Daniel L. Sullivan, for appellee.

      Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Order affirmed.


text:
    473 A.2d 677
    Prudential v. Mueller, Appellant.
    Argued January 17, 1984.
    James L. Womer, for appellant;
    Glenn D. Hains, for appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Judgment affirmed.


text:
    473 A.2d 677
    Regal Plumbing v. Sechrist,et al. Appeal of Robert V. Sechrist.
    Argued November 1, 1983.
    Joseph R. Adamczyk, Jr., for appellant;
    Daniel W. Shoemaker, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, WIEAND and CERCONE, JJ.
   Order affirmed.


text:
    473 A.2d 677
    Sterner, Appellant, v. Groft, Jr.
    Submitted January 11, 1984.
    John R. Gailey, Jr., for appellant;
    Wentworth D. Vedder, for appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Order affirmed.


text:
    473 A.2d 677
    Swartz, Appellant, v. Swartz, Jr.
    Submitted January 11, 1984.
    Kenneth J. Sparler, for appellant;
    Laurence T. Himes, Jr., for appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Order affirmed.


text:
    473 A.2d 678
    Hunterdon Co. Nat’l Bk v. Wolf, etc., Appellants.

      Argued December 13, 1983.
    Richard W. Wolf, appellant, in propria persona;
    Carl L. Lindsay, Jr., for appellee.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Order of June 16,1982 affirmed.


text:
    March 20, 1984.
    473 A.2d 678
    Commonwealth v. Dolison, Appellant.
    Petition for Allowance of Appeal Denied June 28, 1984.
    Submitted March 7, 1984.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 678
    Foderaro v. Iacono, Appellants.

      Argued March 6, 1984.
    Francis E. Baldo, for appellants;
    G. Guy Smith, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order denying petition to open is affirmed.


text:
    473 A.2d 678
    Gould, Appellant, v. Burritt.
    Submitted March 6, 1984.
    Allen L. Feingold, for appellant;
    Frank M. Jakobowski, for appellees.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   Order opening judgment vacated. Case remanded for further proceedings consistent with Pa.R.Civ.P. 209.

Jurisdiction is relinquished.


text:
    March 23, 1984.
    473 A.2d 679
    Boyertown Floor Covering Co. v. James, et al., Appellants.
    Argued January 10, 1984.
    Rudolph J. DiMassa, for appellants;
    Lawrence Sager, for appellee.

      Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Judgment affirmed.


text:
    473 A.2d 679
    Commonwealth v. Broker, Appellant.
    Argued October 25, 1983.
    Bernard T. McArdle, for appellant;
    Judith Earns Ciszek, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 679
    Commonwealth v. Brown, Appellant.
    Submitted November 28, 1983.
    William T. Cannon, for appellant;
    Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before WICEERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 680
    Commonwealth v. Crouche, Appellant.
    Submitted November 28, 1983.
    John F. Street, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence for simple assault and indecent assault vacated. Judgment of sentence for rape and recklessly endangering another person affirmed.


text:
    473 A.2d 680
    Commonwealth v. Daniels, Appellant.
    Petition for Allowance of Appeal Denied July 11, 1984.
    Submitted November 18, 1983.
    Anne L. Wall, Assistant Public Defender, for appellant;
    Douglas Engelman, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   The judgment of sentence of the learned Lycoming County Common Pleas Court President Judge Thomas C. Raup is affirmed.


text:
    473 A.2d 680
    Commonwealth v. Davenport, Appellant.
    Submitted October 7, 1983.
    James F. McBride, for appellant;
    Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Appeal quashed,


text:
    473 A.2d 680
    Commonwealth v. DeJesus, Jr., Appellant.
    Submitted October 7, 1983.
    Linda K.M. Mowson, Assistant Public Defender, for appellant;
    George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 681
    Commonwealth v. Foman, Appellant.
    Submitted January 5, 1984.
    Leonard Rubin, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Order affirmed.


text:
    473 A.2d 681
    Commonwealth v. Fordham, Appellant.
    Argued June 15, 1983.
    John Louis Lachall, for appellant;
    Stuart B. Suss, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, President Judge, and McEWEN and HOFFMAN, JJ.
   The record is remanded with directions that the transferring court provide this court with a statement of reasons within sixty (60) days of the filing of this opinion to support the order certifying appellant for trial as an adult. Jurisdiction is retained.


text:
    473 A.2d 681
    Commonwealth v. Hicks, Appellant.
    Argued September 27, 1983.
    Carmela R.M. Presogna, Assistant Public Defender, for appellant;
    Timothy Lucas, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, McEWEN and BECK, JJ.
   Order and judgment of sentence affirmed.


text:
    473 A.2d 682
    Commonwealth v. Kirkaldy, Appellant.
    Submitted October 7, 1983.
    Barnaby Wittels, for appellant; Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 682
    Commonwealth v. McNeal, Appellant.

      Submitted January 18, 1984.
    Louis B. Priluker, for appellant;
    Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 682
    Commonwealth v. Patience, Appellant.
    Submitted November 18, 1983.
    Glenn D. Welsh, Assistant Public Defender, for appellant;
    George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   The judgment of sentence imposed by the distinguished President Judge Frederick Edenharter is affirmed.


text:
    474 A.2d 1179
    Commonwealth v. Powell, Appellant.
    Reargument Denied June 1, 1984.
    Petition for Allowance of Appeal Denied Jan. 16, 1985.
    Argued October 26, 1983.

      Paul Bogdon, for appellant;
    Melinda G. Tell, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 682
    Commonwealth v. Scott, Appellant.
    Submitted October 7, 1983.
    Kenneth L. Mirsky, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 683
    Commonwealth v. Sirois, Appellant.
    Submitted November 8, 1983.
    Norman A. Krumenacker, III, Assistant Public Defender, for appellant;
    Gerald Long, District Attorney, for Commonwealth, appellee.

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


text:
    473 A.2d 683
    Commonwealth, Appellant v. Smith, Appellant
    (at 2274),
    (at 2451).
    Argued September 6, 1983.
    Joseph Hylan, Assistant District Attorney, for Commonwealth, appellant (at 2274) and for appellee (at 2451);
    Robert E. Levy, for appellant (at 2451) and for appellee (at 2274).
    Before ROWLEY, POPOVICH and MONTGOMERY, JJ.
   Appeal at No. 2451 Philadelphia 1981 is quashed. The order appealed from at No. 2274 Philadelphia 1981 is reversed and the case is remanded for further proceedings. We do not retain jurisdiction.


text:
    473 A.2d 683
    Commonwealth v. Smith, Appellant.
    Petition for Allowance of Appeal Denied July 27, 1984.
    Argued September 28, 1983.
    Edgar M. Snyder, for appellant;
    Kemal Alexander Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, McEWEN and BECK, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 684
    Commonwealth v. Stewart, Appellant.
    Submitted January 3, 1984.
    Arthur G. Girton, for appellant;
    Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and DEL SOLE and HESTER, JJ.
   Order affirmed.


text:
    473 A.2d 684
    Commonwealth v. Witherspoon, Appellant.
    Submitted October 7, 1983.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    473 A.2d 684
    Dahlgren, Appellant, v. Gettings.
    Argued September 28, 1983.
    Darrell Lee Kadunce, for appellant;
    Marianne R. Dahlgren Gettings, appellee, in propria persona.
    Before BROSKY, McEWEN and BECK, JJ.
   Order affirmed.


text:
    473 A.2d 684
    Fudge, Appellants, v. Shultz.
    Submitted January 5, 1984.
    Harvey S. Miller, for appellants;
    Anthony Paul Schimaneck, for appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Order dismissing complaint affirmed.


text:
    473 A.2d 685
    Handler, Appellants, v. Martin.
    Argued December 7, 1983.
    William W. Boyd, for appellants;
    David Lee Williams, for Martin, appellees;
    Caroline M. Hoffer, for Holder, etc., appellee.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Order affirmed.


text:
    473 A.2d 685
    Hepburn v. Billings. Appeal of Horace P. Billings, Jr.
    Argued January 11, 1984.
    H.P. Billings, appellant, in propria persona;
    Richard D. Maimed, for appellee.
    Before CAVANAUGH, McEWEN and HOFFMAN, JJ.
   Appeal quashed. Jurisdiction relinquished.


text:
    473 A.2d 685
    In re Adoption of Rivers. Appeal of Stanley Joseph Rivers.

      Argued October 18, 1983.
    John J. Collins, for appellant;
    Peter J. Verderame, for participating party.
    Before McEWEN, BECK and HOFFMAN, JJ.
   Affirmed.


text:
    473 A.2d 685
    Kyle, Appellant, v. McNamara.
    Petition for Allowance of Appeal Granted July 11, 1984.
    Submitted October 3, 1983.
    A. Kyle, appellant, in propria persona;
    James M. McNamara, Jr., appellee, in propria persona;
    Charles W. Johns, for Criste, appellee.
    Before SPAETH, President Judge, and HESTER and LIPEZ, JJ.
   Order affirmed.

HESTER, J., concurred in the result.


text:
    473 A.2d 686
    Way, Appellant, v. Sico Co.

      Argued December 13, 1983.
    James P. Coho, for appellant;
    Kent Dixon Mikus, for appellee.
    Before SPAETH, President Judge, and CHULLO and JOHNSON, JJ.
   Judgment affirmed.


text:
    March 27, 1984.
    473 A.2d 686
    Commonwealth v. Malave, Appellant.
    Petition for Allowance of Appeal Denied July 24, 1984.
    Submitted February 22, 1984.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 686
    Commonwealth v. Williams, Appellant.

      Submitted February 23, 1984.
    Jack A. Panella, for appellant;
    Christopher T. Spadoni, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and MONTGOMERY, JJ.
   Order affirmed.


text:
    473 A.2d 687
    Dixon v. Aircomo, Appellant.
    Argued February 14, 1984.
    Arthur L. Jenkins, Jr., for appellant;
    Anthony Quinn, for appellee.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Order reversed and case remanded so that judgment may be opened. Jurisdiction relinquished.


text:
    473 A.2d 687
    Holmes, Appellant, v. SEPTA
    Argued January 12, 1984.
    Anton H. Rosenthal, for appellant;
    Norman Hegge, Jr., for appellee.

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


text:
    473 A.2d 687
    Hudson v. Youth Services, Appellant.
    Argued March 6, 1984.
    Peter A. Dunn, for appellant;
    Diane M. Rice, for appellee.
    Before ROWLEY, MONTEMURO and JOHNSON, JJ.
   The order of the court below is reversed, and the case is remanded for further proceedings consistent with Pa.R.C.P. 209. This court does not retain jurisdiction.


text:
    March 28, 1984.
    473 A.2d 687
    Commonwealth v. Hoover, Appellant.
    Submitted February 29, 1984.
    Norman A. Levine, for appellant;
    Thomas W. Minett, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, DEL SOLE and MONTGOMERY, JJ.
   Judgment of sentence reversed. Case remanded for re-sentencing. Jurisdiction relinquished.


text:
    March 30, 1984.
    473 A.2d 688
    Bay Associates, Appellant, v. Kern.
    Argued November 16, 1983.
    Joseph J. Devanney, for appellant;
    John Vincent Ryan, for appellees.
    Before SPAETH, President Judge, and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    473 A.2d 688
    Ashley-Bennett, Appellant, v. Bennett.
    Argued January 24, 1984.
    Márgalo Ashley-Bennett, appellant, in propria persona;
    Lisle A. Zehner, for appellee.
    Before WIEAND, TAMILIA and POPOVICH, JJ.
   Order affirmed.


text:
    473 A.2d 688
    Commonwealth v. Alexander, Appellant.
    Petition for Allowance of Appeal Denied July 9, 1984.

      Submitted October 21, 1983.
    Douglas M. Johnson, Public Defender, for appellant;
    Patricia Ann Zaffarano, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and WIEAND and MONTEMURO, JJ.
   The appeal is quashed.


text:
    473 A.2d 688
    Commonwealth v. Almodovar, Appellant.
    Argued January 11, 1984.
    Richard Keith Renn, Assistant Public Defender, for appellant;
    Floyd Paul Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Judgment of sentence is affirmed.


text:
    473 A.2d 689
    Commonwealth v. Banks, Appellant.

      Submitted October 7, 1983.
    Alan D. Budman, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   The order of the lower court is reversed and the case is remanded so that appellant may file an appeal nunc pro tunc.


text:
    473 A.2d 689
    Commonwealth v. Biggan, Appellant.
    Submitted April 28, 1983.
    Gary Neil Asteak, for appellant;
    Christopher T. Spadoni, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, WIEAND and POPOVICH, JJ.
   Order affirmed.

POPOVICH, J., concurred in the result.


text:
    473 A.2d 689
    Commonwealth v. Bittner, Appellant.
    Submitted October 21, 1983.
    Norman M. Yoffe, for appellant;
    Edgar Bayley, Jr., District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and WIEAND and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 690
    Commonwealth v. Bowie, Appellant.
    Submitted September 9, 1983.
    Stephen P. Gallagher, for appellant;
    Robert B. Lawler, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CAVANAUGH and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 690
    Commonwealth v. Brawner, Appellant.
    Submitted November 18, 1983.
    John Packel, Chief, Appeals, Assistant Public Defender, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

      Before McEWEN, HESTER and LIPEZ, JJ.
   Order of the lower court affirmed.


text:
    473 A.2d 690
    Commonwealth v. Chapman, Appellant.
    Submitted October 7, 1983.
    Donald M. Padova, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 690
    Commonwealth v. Garcia, Appellant.
    Submitted October 21, 1983.
    James A. Consoli, Assistant Public Defender, for appellant;
    George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and WIEAND and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 691
    Commonwealth v. Gardner, Appellant.
    Submitted September 21, 1983.
    Michael R. Muth, Public Defender, for appellant;
    James F. Marsh, District Attorney, for Commonwealth, appellee.
    Before CIRILLO, JOHNSON and CERCONE, JJ.
   Judgment of sentence is affirmed.


text:
    473 A.2d 691
    Commonwealth v. Goldberg, Appellant.
    Argued November 16, 1983.
    David Kanner, for appellant;
    Ronald Thomas Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and BROSKY and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 691
    Commonwealth v. Hannon, Appellant.

      Argued February 9, 1983.
    John Rogers Carroll, for appellant;
    Joseph P. Giovannini, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and CIRILLO, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 691
    Commonwealth v. Harris, Appellant.
    Submitted November 18, 1983.
    Ralph W. Litzenberger, for appellant;
    John F. Spirk, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 692
    Commonwealth v. Hoff, Jr., Appellant.
    Petition for Allowance of Appeal Denied Sept. 25, 1984.

      Submitted February 3, 1984.
    Harry V. Klein, Jr., for appellant;
    Thomas E. Boop, Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Order of November 12, 1982 is affirmed.


text:
    473 A.2d 692
    Commonwealth v. Hohn, Appellant.
    Submitted September 30, 1983.
    David G. Metinko, Assistant Public Defender, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 692
    Commonwealth v. Johnson, Appellant.
    Submitted January 5, 1984.
    Gary Spohn Fronheiser, for appellant;
    George C. Yatron, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, OLSZEWSKI and ROBERTS, JJ.
   Judgment of sentence affirmed at No. 81026501. Judgment of sentence affirmed on the receiving stolen goods counts at Nos. 81026401 and 81026301; the conspiracy convictions at Nos. 81026401 and 81026301 are reversed. The appeal at No. 81026201 is quashed.


text:
    473 A.2d 693
    Commonwealth v. Kishbach, Appellant.
    Submitted November 18, 1983.
    Robert M. Rosenblum, for appellant;
    Joseph Giebus, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, HESTER and LIPEZ, JJ.
   Order affirmed.


text:
    473 A.2d 693
    Commonwealth v. Kroepil, Appellant.
    Petition for Allowance of Appeal Denied July 16, 1984.
    Argued October 27, 1982.
    Lawrence Ray Dworkin, for appellant;
    Dennis Craig McAndrews, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    473 A.2d 693
    Commonwealth v. Lee, Jr., Appellant.
    Submitted February 3, 1984.
    Glenn D. Welsh, Assistant Public Defender, for appellant;
    Charles M. Guthrie, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Judgment of sentence affirmed.


text:
    481 A.2d 360
    Commonwealth v. Lucas, Appellant.
    Reargument Denied June 5, 1984.
    Argued June 2, 1983.
    Jules J. Mermelstein, for appellant;
    Joseph A. Smyth, District Attorney, for Commonwealth, appellee;
    Paul J. Gel-man, for participating party.
    Before ROWLEY, WIEAND and BECK, JJ.
   The order of November 4, 1981 is affirmed.


text:
    473 A.2d 693
    Commonwealth v. Maguire, Appellant.
    Submitted October 14, 1983.
    Alphonse P. Lepore, Jr., Assistant Public Defender, for appellant;
    Gerald R. Solomon, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and BECK, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 694
    Commonwealth v. Mancini, Appellant.
    Petition for Allowance of Appeal Denied July 10, 1984.
    Submitted June 23, 1983.
    Douglas M. Johnson, Public Defender, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 694
    Commonwealth v. McClintock, Appellant.
    Argued February 14, 1984.
    Michael F.X. Coll, for appellant;
    Ann Aschauer Osborne, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 694
    Commonwealth v. Miles, Appellant.
    Submitted December 15, 1983.
    A. Smith, for appellant;
    Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Judgment of sentence affirmed.

SPAETH, President Judge, concurred in the result.


text:
    473 A.2d 695
    Commonwealth v. Moore, Appellant.
    Submitted January 11, 1984.
    John R. Gailey, Jr., for appellant;
    Floyd Paul Jones, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 695
    Commonwealth v. Nolan, Appellant.
    Submitted October 7, 1983.
    John Joseph Cerra, for appellant;
    Ernest D. Preate, Jr., District Attorney, for Commonwealth, appellee.
    Before BROSKY, MONTGOMERY and CERCONE, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 695
    Commonwealth v. Novak, Appellant.

      Submitted November 8, 1983.
    Joseph Edward Vogrin, III, for appellant;
    Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and CERCONE, JJ.
   Order affirmed.


text:
    473 A.2d 695
    Commonwealth v. Quinn, Appellant.
    Petition for Allowance of Appeal Denied Aug. 27, 1984.
    Submitted October 21, 1983.
    Michael R. Muth, Public Defender, for appellant;
    James F. Marsh, District Attornéy, for Commonwealth, appellee.
    Before SPAETH, President Judge, and WIEAND and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 696
    Commonwealth v. Reed, Appellant.

      Submitted January 20, 1984.
    John J. Cerra, for appellant;
    Ernest D. Preate, Jr., District Attorney, for Commonwealth, appellee.
    Before BROSKY, WIEAND and HESTER, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 696
    Commonwealth v. Rider, Appellant.
    Submitted October 24, 1983.
    Daniel McGee, Public Defender, for appellant;
    Ray Frank Gricar, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BROSKY and HOFFMAN, JJ.
   Affirmed.


text:
    473 A.2d 696
    Commonwealth v. Robinson, Appellant.
    Submitted January 26, 1984.
    Claudia Creo Sharon, for appellant;
    Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.

      Before WIEAND, TAMILIA and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 696
    Commonwealth v. Scott, Appellant.
    Submitted September 30, 1983.
    David G. Metinko, Assistant Public Defender, for appellant;
    Dara A. DeCourcy, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 697
    Commonwealth v. Sike, Appellant.
    Submitted June 15, 1983.
    Richard R. Finn, for appellant;
    William F. Mabon, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, President Judge, and McEWEN and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 697
    Commonwealth v. Sims, Appellant.
    Submitted November 8, 1983.
    John H. Corbett, Jr., Public Defender, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, CIRILLO and CERCONE, JJ.
   Judgment of sentence affirmed.

CERCONE, J., filed a memorandum concurring statement.


text:
    473 A.2d 697
    Commonwealth v. Sims, Appellant.
    Submitted October 14, 1983.
    Diane Barr Quinlin, Assistant Public Defender, for appellant;
    Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, McEWEN and BECK, JJ.
   Judgment of sentence affirmed.


text:
    473 A.2d 698
    Commonwealth v. Yarbough, Appellant.
    Submitted June 1, 1983.
    Gregory H. Lindsay, Assistant Public Defender, for appellant;
    David E. Fritchey, Assistant District Attorney, for Commonwealth, appellee.
    Before ROWLEY, WIEAND and BECK, JJ.
   Judgment of sentence for possession of a prohibited offensive weapon is affirmed. Judgment of sentence for criminal conspiracy is vacated.


text:
    473 A.2d 698
    Estate of Nitsche. Appeal of William H. Nitsche, a Life Tenant of the Residuary Trust Under the Will of Theodore H. Nitsche.
    Argued October 4, 1983.
    Mary Carmela Helf, for appellant;
    Alan Reeve Hunt, for Phila., participating party;
    Robert C. Grasberger, for Faber, etc., participating parties;
    Lawrence Barth, Deputy Attorney General, for Parents Patriae, participating party.
    Before WICKERSHAM, WIEAND and LIPEZ, JJ.
   Order affirmed.

WIEAND, J., filed a memorandum dissenting statement.


text:
    473 A.2d 698
    Falcone v. Falcone, Appellant.
    Submitted January 18, 1984.
    Ronold J. Karasek, for appellant;
    George A. Hahalis, for appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Order affirmed.


text:
    473 A.2d 699
    Evans v. Wright Township, Appellant.
    Argued October 12, 1983.
    David W. Saba, for appellant;
    Joseph F. Saporito, for appellee.
    Before SPAETH, President Judge, and POPOVICH and HOFFMAN, JJ.
   Order affirmed.


text:
    473 A.2d 699
    Garman, Appellant v. Garman, Appellant
    (at 382),
    (at 388).

      Argued January 10, 1984.
    Allen E. Rose, Jr., for appellant (at No. 382) and for appellee (at No. 388);
    Albert H. Masland, for appellant (at No. 388) and for appellee (at No. 382).
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Orders affirmed.


text:
    478 A.2d 699
    Heritage Mtg. Fin. Co., et al. v. AFC-Lehigh Re., Appellants.
    Petition for Allowance of Appeal Denied Aug. 1, 1984.
    Argued September 16, 1981.
    Anthony R. Thompson, for appellants;
    John M. Fitzpatrick, for appellees.
    Before CAVANAUGH, DiSALLE and WATKINS, JJ.
   Order affirmed.

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


text:
    478 A.2d 699
    Hobbs v. Gillan, Appellant.
    Argued January 10, 1984.
    David Kostka James, for appellant;
    Roy A. Keefer, Assistant District Attorney, for appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Order affirmed.


text:
    473 A.2d 700
    In re Estate of Safko. Appeal of Edward Safko and Lucille Daniels.
    Argued May 13, 1983.
    George I. Puhak, for appellants;
    David L. Glassberg, for appellee.
    Before WICKERSHAM, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    473 A.2d 700
    Matter of Waters. Appeal of Jeffrey J. Waters.

      Submitted September 30, 1983.
    Robert M. Rosenblum, for appellant;
    Jay Yale Rubin, for participating party.
    Before WICKERSHAM, ROWLEY and POPOVICH, JJ.
   Order affirmed.


text:
    473 A.2d 700
    Malseed v. Malseed, Appellant.
    Argued January 12, 1984.
    John J. Krafsig, Jr., for appellant;
    Paul James Esposito, for appellee.
    Before WICKERSHAM, DEL SOLE and MONTEMURO, JJ.
   Order affirmed.


text:
    473 A.2d 700
    Marcus, Appellant, v. Horwitz.
    Submitted December 1, 1983.
    Mark S. Frank, for appellant;
    Gerard J.A. Cipriani, for appellees.
    Before ROWLEY, WIEAND and HESTER, JJ.
   All lower court proceedings stayed, remanded solely for the purpose of giving the lower court sixty (60) days to draft an opinion. Jurisdiction retained.

WIEAND, J., filed a memorandum concurring statement.


text:
    473 A.2d 701
    Mayfair Athletic v. First Pa. Appeal of Thomas Beauchemin.
    Argued December 9, 1983.
    Joseph V. Restifo, for appellant;
    Michael McAllister, for Mayfair, appellee;
    Stephen M. Giroux, for First Pa., appellee.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Reversed and remanded. We do not retain jurisdiction.

BROSKY, J., filed a memorandum dissenting opinion.


text:
    473 A.2d 701
    Mete, etc., Appellant, v. A.C. Milliken Hosp. et al.
    Argued December 8, 1983.
    Jack E. Feinberg, for appellant;
    Frederick J. Fanelli, for Milliken, appellee;
    Karl R. Hildabrand, for Orthopedic, appellees;
    Wiley P. Parker, for Assoc. Surgeons, appellees.

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


text:
    473 A.2d 701
    Miernicki, Appellant, v. Seltzer.
    Argued December 8, 1983.
    David Kanner, and Jack E. Feinberg, for appellant;
    Joseph P. Semasek, for Seltzer, appellee;
    John T. Pfeiffer, III, for Seltzer Coal, etc., appellees;
    Kent D. Watkins, for Ru-bright, participating party.
    Before CAVANAUGH, BROSKY and POPOVICH, JJ.
   Order affirmed.

CAVANAUGH, J., recused himself from this case.

POPOVICH, J., concurred in the result.


text:
    473 A.2d 702
    Moreno v. Moreno, Appellant.
    Argued February 7, 1984.
    Robert B. Marcus, for appellant;
    William J. Templin, for appellee.
    Before OLSZEWSKI, JOHNSON and HESTER, JJ.
   Orders affirmed.


text:
    473 A.2d 702
    Professional Leasing v. Sorrentino, Appellant.
    Submitted February 3, 1984.
    Michael H. Van Buskirk, for appellant;
    Thomas R. Wilson, for appellee.
    Before CIRILLO, BECK and JOHNSON, JJ.
   Order affirmed.


text:
    473 A.2d 702
    Rulon Co., Appellant, v. Aetna Casualty & Surety.
    Petition for Allowance of Appeal Denied Sept. 5, 1984.
    Argued December 14, 1983.
    Paul Shalita, for appellant;
    Edward A. Greenberg, for appellee.
    Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.
   Judgment affirmed.


text:
    473 A.2d 702
    Smith, Appellant, v. The First Nat. Bk of Berwick.
    Petition for Allowance of Appeal Denied Aug. 16, 1984.

      Argued March 16, 1983.
    David C. Dickson, Jr., for appellant;
    Robert E. Bull, for appellee.
    Before CERCONE, President Judge, and ROWLEY and CIRILLO, JJ.
   Order affirmed.


text:
    473 A.2d 703
    U.S. Fire Ins. Co., Appellant, v. Motorists Ins.
    Petition for Allowance of Appeal Denied Sept. 5, 1984.
    Submitted January 19, 1984.
    Barbara L. Hollenbach, for appellant;
    William Paul Bried, for appellee.
    Before ROWLEY, HESTER and ROBERTS, JJ.
   Order affirmed.

ROWLEY, J., filed a memorandum dissenting statement.


author: McEWEN, Judge: POPOVICH, Judge,

text:
    473 A.2d 577
    COMMONWEALTH of Pennsylvania v. John Elwood KEARSE, Jr., Appellant.
    Superior Court of Pennsylvania.
    Submitted Nov. 7, 1983.
    Filed March 2, 1984.

      John G. Bergdoll, III, York, for appellant.
    Floyd Paul Jones, Assistant District Attorney, York, for Commonwealth, appellee.
    Before McEWEN, JOHNSON and POPOVICH, JJ.
   McEWEN, Judge:

After a jury had by verdict determined that appellant was guilty of robbery and trial counsel had filed post-verdict motions, the trial court, upon the pro se petition of appellant, appointed new counsel who filed amended motions for a new trial and in arrest of judgment which included allegations of ineffectiveness of trial counsel. Following the denial of these motions, appellant was sentenced to a term of imprisonment of from four and one-half years to nine years. This direct appeal followed. We affirm.

Appellant contends that (1) the evidence was insufficient to sustain the conviction; (2) the trial court erred in refusing to charge the jury that they could find appellant guilty of theft only; and (3) the trial court erred in ruling that a prior conviction could be used to impeach his credibility. Appellant also contends that trial counsel was ineffective for (1) failing to file pre-trial motions to suppress identification evidence; (2) failing to request a pre-trial line-up; and (3) failing to object when an expert witness allegedly testified beyond the scope of his expertise. The distinguished Judge John F. Rauhauser, Jr., in his opinion denying the post-trial motions, has so ably discussed these claims of error that we only address the contention that the trial court erred in ruling that the prior conviction of appellant in 1976 was admissible to impeach his credibility.

Rutter’s Farm Store, located in York, Pennsylvania, was robbed on the afternoon of July 13, 1981. The manager of the store testified that the robbery was perpetrated by a black male who approached the register area, placed a bag of Purina dog food on the counter and grabbed him from behind, holding what seemed to be a gun against his back. When the robber ordered the manager to remove the cash from the register, he handed approximately $89.00 to his assailant, who then fled on foot. The Commonwealth produced testimony from a Pennsylvania State Police Trooper that a number of fingerprints found on the dog food bag that had been left on the counter belonged to appellant. Although the store manager was unable to positively identify appellant from an array of eight photographs, he was able to identify appellant at both the preliminary hearing and at trial.

Appellant defended by the presentation of an alibi defense. Two defense witnesses, a roommate and another acquaintance of appellant, testified that appellant was home sick one day in July, but neither witness was able to recall the exact date of that illness. The acquaintance, although unable to state with certainty if the afternoon he spent with appellant was July 13, 1981, testified that he had visited appellant on the day that he was ill and had spent the major portion of the afternoon with appellant. Appellant, himself, testified that he had been home sick on the afternoon of the robbery and that he had not only purchased dog food two days prior to the robbery from Rutter’s Farm Store, but had also on that occasion handled a number of bags on the shelf. Appellant further stated on direct examination that he recalled the date of his illness and knew it to be July 13, 1981, the date of the robbery. It was not until after the assistant district attorney had cross examined appellant upon his alibi, his illness and his explanation of the presence of his fingerprints on the dog food bag that defense counsel requested at side bar a determination of whether the Commonwealth could on rebuttal introduce evidence of the prior conviction of appellant. After the presentation of argument by both counsel on the admissibility of the prior conviction for the limited “purpose of questioning the credibility of [appellant] as a witness”, the trial judge ruled:

[I]t seems to me that the question of credibility is one of particular importance.... [T]he defendant does have witnesses and did produce them and, really, the only witness the Commonwealth has here is the identification of the eyewitness who was the victim of this particular incident and his testimony on cross examination has been attacked as to credibility and reliability.
Therefore, under all the circumstances, the court will permit the introduction of this record as has been identified for the sole purpose of questioning the credibility and we will give appropriate instructions to the jury to that effect. (N.T. 93-94).

The Commonwealth did not, however, resort to the introduction of rebuttal evidence of the prior conviction since the ruling caused defense counsel to undertake the redirect examination of appellant which included the following interrogation :

Q. Back in 1976, do you remember pleading guilty to something?
A. Yes.
Q. That was robbery.
A. Yes. They had it down to theft.
Q. You pled guilty?
A. Yes.
Q. You stood in front of the Court and told them that you were wrong?
A. Yes.
Q. You served your time?
A. Yes.
Q. And, that was for burglary as well. Is that right? A. Yes.
Q. And you admitted you were wrong at that time? A. Yes.
(N.T. 97).

Appellant argues that the trial court committed reversible error in admitting his prior conviction for impeachment purposes since (1) he was the only witness who could provide testimony necessary to establish his alibi defense; (2) the Commonwealth could and did impeach his testimony with a prior inconsistent statement; (3) the case of the Commonwealth against appellant was substantial; and (4) the prior conviction was for the same crime and highly prejudicial.

The admissibility of evidence of prior convictions for the impeachment of a defendant-witness is within the sound discretion of the trial judge, whose decision thereon will not be reversed absent an abuse of discretion. Commonwealth v. Roots, 482 Pa. 33, 393 A.2d 364 (1978); Commonwealth v. Canada, 308 Pa.Super. 494, 454 A.2d 643 (1983); Commonwealth v. Williams, 273 Pa.Super. 389, 417 A.2d 704 (1980). The exercise of this discretion requires the trial judge to determine whether the probative value of the evidence of other convictions as it bears upon the credibility of an accused as a witness outweighs the prejudicial effect that such evidence has upon the jury. Commonwealth v. Roots, supra 482 Pa. at 41, 393 A.2d at 368; Commonwealth v. Bighum, 452 Pa. 554, 565 n. 7, 307 A.2d 255, 262 n. 7 (1973); Commonwealth v. Williams, supra 273 Pa.Super. at 393, 417 A.2d at 706. When the court engages in a proper counterbalancing of the competing considerations in this determination, it is of “critical importance” that the evidence be excluded when it appears that “it is more important to the search for truth in a particular case for the jury to hear the defendant’s story than to know of a prior conviction.” Commonwealth v. Bighum, supra 452 Pa. at 567, 307 A.2d at 263.

The eminent, now Pennsylvania Supreme Court Chief Justice Robert N.C. Nix, Jr., in Commonwealth v. Roots, supra, articulated a “balancing equation” which includes five basic considerations that should be weighed in the determination of whether to admit evidence of prior convictions for impeachment purposes:

1) the degree to which the commission of the prior offense reflects upon the veracity of the defendant-witness;
2) the likelihood, in view of the nature and extent of the prior record, that it would have a greater tendency to smear the character of the defendant and suggest a propensity to commit the crime for which he stands charged, rather than provide a legitimate reason for discrediting him as an untruthful person; 3) the age and circumstances of the defendant; 4) the strength of the prosecution’s case and the prosecution’s need to resort to this evidence as compared with the availability to the defense of other witnesses through which its version of the events surrounding the incident can be presented; and 5) the existence of alternative means of attacking the defendant’s credibility.

Id. 482 Pa. at 39-40, 393 A.2d at 367 (footnote omitted). Accord Commonwealth v. Henderson, 497 Pa. 23, 35, 438 A.2d 951, 957 (1981); Commonwealth v. Bighum, supra 452 Pa. at 557, 307 A.2d at 263; Commonwealth v. Zabala, 310 Pa.Super. 301, 319-20, 456 A.2d 622, 631 (1983); Commonwealth v. Williams, supra 373 Pa.Super. at 392, 417 A.2d at 705. “These factors were designed to limit the admission of this type of evidence to situations where its introduction was of essential evidentiary value to the prosecution and not unreasonably unfair to the defense.” Commonwealth v. Roots, supra 482 Pa. at 39, 393 A.2d at 367. See also Commonwealth v. Canada, supra 308 Pa.Super. at 496, 454 A.2d at 644. The burden of proof, of course, is upon the Commonwealth to show that the need for this evidence overcomes its inherent potential for prejudice. Commonwealth v. Roots, supra 482 Pa. at 41, 393 A.2d at 368; Commonwealth v. Williams, supra 373 Pa.Super. at 392, 417 A.2d at 705.

The first of the Roots criteria — that the prior conviction reflect upon the veracity of appellant as a witness — is positive for admission since the conviction involved was undeniably crimen falsi. Commonwealth v. Henderson, supra 497 Pa. at 35, 438 A.2d at 957; Commonwealth v. Zabala, supra 310 Pa.Super. at 320, 456 A.2d at 632.

The nature and extent of the prior record of appellant was not such that it would have had a greater tendency to smear the character of appellant and suggest his propensity to commit the crime with which he had been charged than to provide a legitimate reason for discrediting him as an untruthful person. See Commonwealth v. Henderson, supra 497 Pa. at 35, 438 A.2d at 957; Commonwealth v. Gonce, 320 Pa.Super. 19, 33-34, 466 A.2d 1039, 1047 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 320, 456 A.2d at 632. There was but a single prior conviction here introduced and the credibility of appellant was clearly a significant issue for the jury to decide. It appears, therefore, that the second of the Roots considerations has been satisfied.

As for the third factor that the trial court consider “the age and circumstances of the defendant”, the record demonstrates that the trial judge considered the fact that appellant was twenty years of age at the time of the commission of the prior crime, as well as the fact that appellant had then pleaded guilty. Appellant was thus of an adult age and the relevance of the impeachment evidence was not attenuated by age. See Commonwealth v. Henderson, supra 497 Pa. at 36, 438 A.2d at 957; Commonwealth v. Zabala, supra 310 Pa.Super. at 321, 456 A.2d at 632.

When we study the fourth of the Roots considerations, we must balance “the strength of the prosecution’s case and the prosecution’s need to resort to this evidence as compared with the availability to the defense of other witnesses through which its version of the events surrounding the incident can be presented.” The Commonwealth here sought to establish its case by the testimony of the only eyewitness, the store manager, and by the introduction of the evidence of the fingerprints of appellant taken from the dog food bag. Defense counsel employed vigorous cross examination to demonstrate that the store manager was unable to identify appellant prior to the preliminary hearing and to show that since certain of the prints on the dog food bag were smeared and, therefore, not traceable, the bag could have been handled by someone after appellant. The defense, on the other hand, called two witnesses in an attempt to establish an alibi, and when they were unable to supply a date certain, appellant, himself, supplied the missing testimony, namely, the date of the robbery was the day he was ill and was with the alibi witnesses. While it is true that appellant had no other means of adequately presenting the alibi defense other than by taking the stand himself, the Commonwealth could not produce any witness other than the store manager to positively identify appellant and to testify as to his presence at and participation in the robbery. Moreover, since appellant was not apprehended in the actual commission of the robbery, the fact that his prints were found upon the dog food bag did not directly establish his complicity in the crime, but only circumstantially placed him at the scene of the offense. See Commonwealth v. Zabala, supra 310 Pa.Super. at 320-21, 456 A.2d at 632. We are of a mind that the balance of the strength of this case does not weigh in favor of the Commonwealth and that, therefore, the need to present the impeachment evidence, when compared to the availability to the defense of other witnesses, “was of essential evidentiary value to the prosecution and not unreasonably unfair to the defense.” Commonwealth v. Roots, supra 482 Pa. at 39, 393 A.2d at 367. See also Commonwealth v. Henderson, supra 497 Pa. at 35, 438 A.2d at 957; Commonwealth v. Gonce, supra 320 Pa.Super. at 33-35, 466 A.2d at 1047; Commonwealth v. Zabala, supra 310 Pa.Super. at 321, 456 A.2d at 632; Commonwealth v. Raster, 300 Pa.Super. 174, 179, 446 A.2d 286, 289 (1982).

Nor does the fifth Roots consideration, “the existence of alternative means of attacking the defendant’s credibility”, warrant the exclusion of the evidence of the prior conviction. While it is true that the Commonwealth did possess other methods of attacking the credibility of appellant with regard to his explanation as to the presence of his fingerprints upon the dog food bag, the Commonwealth did not have an alternative means of directly impeaching the credibility of appellant, or of cross examining him upon the presentation of his alibi defense. The Commonwealth thus lacked an adequate alternative means to present a straightforward challenge to the veracity of appellant as a witness. Commonwealth v. Henderson, supra 497 Pa. at 36, 438 A.2d at 957; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321, 456 A.2d at 632; Commonwealth v. Kaster, supra 300 Pa.Super. at 179, 446 A.2d at 289. The trial judge “could reasonably have concluded that the balance of the Commonwealth’s need for the evidence and its prejudice to appellant weighed more heavily in favor of the Commonwealth”, Commonwealth v. Gonce, supra 320 Pa.Super. 19, 466 A.2d at 1039, and we are, therefore, unwilling to determine that the trial judge erred.

We reject the assertion of appellant that Williams, supra is controlling, since it is our view that Williams is readily distinguishable from the instant case. In Williams, the trial judge ruled that in the event the accused offered testimony, the prosecutor could attack his credibility through the introduction of his four prior robbery convictions, even though those convictions had occurred more than eight years earlier. As a result of the ruling, the accused did not take the stand to “offer a general denial that he had robbed the [victims] or had ever seen them.” Id. 373 Pa.Super. at 391, 417 A.2d at 705. The fine opinion of our learned colleague Judge Donald E. Wieand, after describing the question as a “close one”, noted that the four prior convictions were from eight to ten years old, that the number of the convictions similar to the crime for which he was being tried would have tended to smear his character and that since a general denial was the sole defense to the identification of appellant by three eyewitnesses, the testimony of the defendant himself was important. As a result, this court there held that the decision to permit the introduction of those four convictions was an abuse of discretion. The case we here consider involves but a single prior conviction obtained some five years earlier. Thus, the prior record in this case did not reflect a series of crimes as in Williams, nor was it nearly as remote as the prior record there considered. Moreover, the accused in Williams was the only witness who could have supplied the defense of general denial, whereas appellant here provided an alibi defense and presented two witnesses to support that defense. Finally, the Commonwealth was able to rely upon the testimony of three eyewitnesses to the crime in Williams, whereas in this case, the only eyewitness was the store manager who was unable to identify appellant from a photo array. It seems certain, therefore, that Williams is not binding precedent for our disposition of this appeal.

Judgment of sentence affirmed.

POPOVICH, J., files a dissenting statement.

POPOVICH, Judge,

dissenting:

The majority today has emasculated Commonwealth v. Roots, 482 Pa. 33, 393 A.2d 364 (1978) and Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973) since the prosecution, in this writer’s view, has not shown “that the need for this evidenced appellant’s prior conviction,] overcame] its inherent potential for prejudice.” Commonwealth v. Roots, Id. 482 Pa. at 41, 393 A.2d at 368.

After considering the “balancing equation” which should be weighed in determining whether to admit the prior conviction, this writer finds that at least three of the five factors weigh in the appellant’s favor.

However, the key considerations which lead me to conclude that the prior conviction should not be admitted are that the prosecution’s case was sufficiently strong and that the prosecution had alternate means of attacking the appellant’s credibility.

First of all, the prosecution had direct evidence (i.e., an eyewitness) and circumstantial evidence (i.e., fingerprints) to establish appellant’s involvement in the robbery. The fact that the store manager could not identify the appellant positively from an array of eight photographs, but subsequently did identify the appellant at the preliminary hearing and at trial, only affects the weight and not the admissibility of the evidence. Commonwealth v. Floyd, 494 Pa. 537, 544, 431 A.2d 984, 988 (1981).

Second, appellant here was the only witness who, if believed, could have provided his alibi defense. On the one hand, the majority concedes that “appellant had no other means of adequately presenting the alibi defense other than by taking the stand himself”, opinion at 9; however, nonetheless, the majority later improperly refers to the two witnesses who were unable to state the date that they were with appellant as “alibi witnesses.” Id. However, even if the jury had believed the testimony of the two witnesses, an alibi defense would not have been established.

Our Supreme Court has described an alibi as “a defense that places the defendant at the relevant time in a different place than the scene involved and so removed therefrom to render it impossible for him to be the guilty party.” Commonwealth v. Whiting, 409 Pa. 492, 498, 187 A.2d 563, 566 (1963). (Emphasis added). Accord Commonwealth v. Wade, 501 Pa. 331, 334, 461 A.2d 613, 614 (1983). Accordingly, because the two witnesses were unable to specify “the relevant time” frame during which they were in appellant’s company, no alibi defense would have been established without appellant’s testimony. Id.

We note also that the appellant’s prior record for robbery was the “same crime for which appellant was being tried.” Commonwealth v. Williams, 273 Pa.Super. 389, 392, 417 A.2d 704, 705 (1980). As such, appellant’s conviction arguably “contained an inherent suggestion that appellant had a propensity to rob.” Id.

Third, the majority erroneously concludes that “the Commonwealth did not have an alternative means of directly impeaching the credibility of appellant, or of cross examining him upon the presentation of his alibi defense.” At 10. However, the majority overlooks two significant aspects of the prosecution’s case: (1) that appellant denied ever being in the store after he was advised of the fingerprint evidence by the detectives, and (2) that appellant previously had told these same detectives that he had been in the store five to ten months before the robbery. At 5 ftn. 3. If believed, this testimony would have impeached appellant’s credibility. More importantly, the store manager as an eyewitness to the crime also contradicted the appellant’s version of the facts.

In view of the above, “it was important that appellant have an opportunity to testify.” Commonwealth v. Williams, 273 Pa.Super. at 393, 417 A.2d at 706. In fact, the only evidence in the appellant’s favor was his denial of involvement in the crime. In view of the overwhelming evidence of guilt, the prosecution had no need to resort to evidence of the prior conviction.

The majority correctly cites Commonwealth v. Roots, supra, in the appropriate form; however, a review of the substance of the decision reveals that the majority today only pays lip service to the Roots criteria. Hence, my dissent.

      . The trial court granted the demurrer of appellant to the charge of crimes committed with a firearm.

      . The manager of the store testified that Purina dog food was a popular item which sold quickly and was reordered approximately once a week.

      . Our holding focuses upon the ruling of the trial judge that introduction of the record be permitted and is not affected by the fact that the introduction was undertaken by the defense. That effort by trial counsel would appear to be a considered trial tactic and, under all of the circumstances of this case, would not appear subject to question. See Commonwealth v. Toomey, 321 Pa.Super. 281, 286-287, 468 A.2d 479, 482(1983).

      . The Commonwealth, in rebuttal, presented testimony from two police detectives that appellant had stated "that he had not been in Rutter’s Farm [SJtore for five to ten months previously [sic] to [the time of the robbery].” The detectives further testified that appellant, even after being advised of the fingerprint evidence, "denied being in the store.”

      . See note 4 supra.