author: POPOVICH, Judge:

text:
    442 A.2d 256
    COMMONWEALTH of Pennsylvania v. Lee Preston FLYNN, Appellant.
    Superior Court of Pennsylvania.
    Submitted Dec. 5, 1980.
    Filed Feb. 19, 1982.

      John A. Bednarz, Jr., Wilkes-Barre, for appellant.
    Anthony J. Lucadamo, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.
    Before BROSKY, JOHNSON and POPOVICH, JJ.
   POPOVICH, Judge:

Appellant, Lee Preston Flynn, appeals from the lower court’s denial of his request for relief under the Post-Conviction Hearing Act (PCHA). We reverse and remand for proceedings consistent with this opinion.

The facts, as garnered from the record, consist of the following: On March 5, 1979, appellant pled guilty to two counts of Burglary, two counts of Receiving Stolen Property, two counts of Theft, Criminal Conspiracy and Criminal Attempt. The plea was entered pursuant to a bargain, wherein appellant, on May 14th, was sentenced on just one count of Burglary to a minimum term of two and one-half years less two days and a maximum term of five years less one day. Sentence on the remaining charges was suspended.

On May 29, 1979, appellant again pled guilty to Theft By Unlawful Taking and Criminal Attempt to Commit Arson. In exchange for the plea, appellant was sentenced to a minimum of two and one-half years less two days and a maximum of five years less one day on the Theft By Unlawful Taking offense—this was to be served concurrently to the prior sentence. Also, the sentences for charges on Receiving Stolen Property and Criminal Attempt to Commit Arson were suspended. Additionally, two counts of Corruption of Minors were nolle prossed. As with the first plea, appellant filed neither a petition to withdraw nor an appeal from the sentence imposed, although he was informed by the court of his right to do so.

It was not until July 16, 1979, that appellant took legal action by preparing a pro se PCHA petition. In the petition he alleged, inter alia, guilty plea counsel’s ineffectiveness. Because of appellant’s representation by a member of the Public Defender’s Office of Luzerne County at the time of his pleas, the court wisely appointed private counsel to assist him. An amended petition was filed alleging: (a) the introduction of evidence obtained pursuant to an unlawful arrest; (b) the introduction of evidence obtained by an unconstitutional search and seizure; (c) the introduction of a coerced confession into evidence; (d) the introduction into evidence of a statement obtained in the absence of a lawyer at a time when representation was constitutionally required; (e) the infringement of appellant’s privilege against self-inerimination under either federal or state law; (f) the denial of appellant’s constitutional right to representation by a competent lawyer; (g) the pleas of guilty being unlawfully induced; and (h) the unavailability at the time of trial of exculpatory evidence that subsequently became available and that would have affected the outcome of the trial if it had been introduced.

A hearing was held, and, after the taking of testimony, the petition was denied on January 16, 1980. Counsel proceeded to file an appeal; however, before he “received a briefing schedule” from this Court, he “withdrew and discontinued” the appeal. Counsel then submitted a second PCHA petition to the lower court reasserting Points (a), (f), (g) and (h) listed supra. Further, counsel argued his own ineffectiveness for “not obtaining] a copy of the notes of testimony of the March 5, 1979 guilty plea hearing . . . until almost a year later . . . . ” (Appellant’s “Brief In Support Of The Petitioner’s Request For Post Conviction Hearing,” at 6) Had he done so, counsel urged, he would have been able to present the PCHA court with evidence that the March 5th plea was: 1) factually defective; and 2) deficient for not informing the accused “that the jury would be chosen from members of the community or that the verdict of the jury would have to be unanimous . . . . ” Id. at 8. After a hearing, the relief requesting withdrawal of the guilty pleas was denied on September 2, 1980.

The instant action is a consolidation of appellant’s appeal from the lower court’s Orders, dated January 16, 1980—re: March 5th plea, and September 2, 1980—re: May 29th plea.

Counsel for appellant challenges the validity of the pleas under the rubric of ineffective counsel. Before reaching the merits of the claim, we need to address a procedural matter, i.e., whether appellant’s withdrawal of the prior appeal constitutes a waiver of his right to challenge the lawfulness of the pleas. Such a question is similar to the one posed to the court in Commonwealth v. Sheid, 443 Pa. 82, 278 A.2d 160 (1971).

In Sheid, the defendant, while represented by court-appointed counsel, pled guilty to murder. The lower court, after conducting an extensive hearing, determined that the plea was a voluntary, knowing and intelligent one and made by the defendant with an understanding of the consequences thereof. Sentence was imposed, but no appeal was taken. Thereafter, defendant filed a PCHA petition. Counsel was assigned and a proceeding was held. Although the court decided that defendant’s appellate rights were not violated, the original sentence was vacated and a sentence similar to the original one was ordered. Following this, a timely appeal was filed.

Notwithstanding the pendency of the appeal, Sheid filed a new (second) PCHA petition protesting that his guilty plea was involuntarily entered. The appeal before this Court was subsequently “withdrawn and discontinued” by Sheid’s post-conviction relief counsel. Shortly thereafter, a hearing on the second PCHA petition was conducted and an appeal taken when the relief sought was denied. Our Supreme Court found that Sheid’s claims were waived; in so doing, stated:

“No exceptional circumstances are alleged in the present proceedings to show why the voluntariness of the plea question was not raised in Sheid’s first post conviction relief proceedings. Moreover, Sheid had the opportunity of pursuing this issue in the appeal from the judgment of sentence which his counsel withdrew and discontinued. Under the circumstances, the issue has now been waived. See Act of 1966, [19 P.S.] § 1180-4. Commonwealth v. Corbin, 440 Pa. 65, 269 A.2d 475 (1970); and Common wealth v. Faison, 437 Pa. 432, 264 A.2d 394 (1970).” . (Emphasis added)

Id. 443 Pa. at 83, 278 A.2d at 161. See generally Commonwealth v. Via, 455 Pa. 373, 376, 316 A.2d 895, 897 (1974); Commonwealth v. Kravitz, 441 Pa. 79, 83, 269 A.2d 912, 914 (1970); Commonwealth v. Caskie, 228 Pa.Super. 231, 232, 323 A.2d 248, 249 (1974); Commonwealth v. Rispo, 222 Pa.Super. 309, 311, 294 A.2d 792, 794 (1972); cf. Commonwealth v. Haynes, 234 Pa.Super. 556, 560, 340 A.2d 462, 464 (1975) (“Under the PCHA, ‘waiver may be presumed only where the petitioner had counsel at the time the waiver allegedly occurred.’ Commonwealth v. Mumford, 430 Pa. 451, 243 A.2d 440 (1968). In the instant case, the appellant did not have the assistance of counsel in either the preparation of his PCHA petition or the decision to discontinue his appeal [; thus, no waiver occurred].” (Emphasis in original)); Commonwealth v. Parker, 449 Pa. 282, 296 A.2d 744 (1972).

We find the rationale in Sheid apposite to the case at bar. To start with, it is now settled that the proper procedure for attacking a guilty plea following the entry of judgment of sentence is to file with the trial court which accepted the plea a petition to withdraw the plea. Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975). “If the defendant remains unsatisfied with the lower court’s disposition of his petition to withdraw his guilty plea, then at that point the issue would be properly preserved and ripe for appellate review.” (Emphasis added) Id., 237 Pa.Super. at 339, 352 A.2d at 141. This procedure, which is codified in Pa.R.Crim.P. 321 minimizes the likelihood of a costly, time consuming and unnecessary appeal. More importantly, Rule 321 affords the lower court the first opportunity to rectify any improprieties associated with the guilty plea. Such objective was satisfied instantly, when appellant filed his first PCHA petition assailing the pleas under the caption of ineffective counsel. Consequently, because appellant was incorrect in withdrawing his appeal and filing a second PCHA petition, we find the issues raised to be waived. Commonwealth v. Sheid, supra; see generally Commonwealth v. Butler, 495 Pa. 82, 88, 89, 432 A.2d 590, 595, 596 (1981) (LARSEN, J. Concurring Opinion; FLAHERTY, J., Concurring Opinion joined by KAUFFMAN, J.). The fact that the question of waiver has not been raised by the Commonwealth in its brief does not foreclose this Court from doing so sua sponte. Commonwealth v. Klaric, 263 Pa. Super. 286, 397 A.2d 1212 (1979).

More particularly, we observe that the result reached is consonant with Section 4 of the PCHA, which provides in pertinent part: “(b) For the purposes of this act, an issue is waived if: (1) The petitioner knowingly and understandingly failed to raise it and it could have been raised ... on appeal .... (c) There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.” 19 P.S. § 1180-4(b)(l) & (c) (Supp.1978-79); see Commonwealth v. Rispo, supra (Section 4 presumption is constitutional). Instantly, such presumption has not been rebutted since there has been no proof that appellant’s withdrawal of his appeal was anything but a “knowing and understanding” one. Commonwealth v. Via, supra. Furthermore, where, as here, appellant has been represented by private counsel every step of the appeal process, in the absence of proof of extraordinary circumstances, see Section 4(b)(2), such a waiver is considered binding. See Commonwealth v. Sheid, supra; Commonwealth v. Johnson, 433 Pa. 582, 252 A.2d 641 (1969).

Given the aforesaid, inasmuch as appellant’s counsel does allege extraordinary circumstances, i.e., his own ineptness, in regard to some of the issues presented, see Commonwealth v. Sherard, 483 Pa. 183, 394 A.2d 971 (1978), they cannot be held waived.

Normally, when counsel whose ineffectiveness is being challenged also represents the appellant on appeal, the proper course, unless ineffective assistance clearly appears on the record, is to remand for the appointment of new counsel not associated with appellate counsel. See, e.g., Commonwealth v. Fox, 476 Pa. 475, 383 A.2d 199 (1978). This reasoning is consistent with Commonwealth v. Bundy, 480 Pa. 543, 546, 391 A.2d 1018, 1020 (1978), wherein it was stated:

“[W]here counsel raises his own . . . inadequacy, [the Court] should not accept that appraisal as an objective view of counsel’s stewardship. Even though . . . counsel may make a good faith effort to critically review the record of the earlier proceeding, [the Court] cannot accept such an assessment as an objective and detached evaluation of . . . counsel’s [own] stewardship. Fundamental fairness requires no less.”

Under the circumstances before us, we find a need to remand. To illustrate, appellate counsel avers he was ineffective for not securing a transcription of the March 5th guilty plea until after the first PCHA hearing. If he had done so, counsel argues, he could have submitted to the lower court evidence of guilty plea counsel’s ineffectiveness for not objecting to a colloquy that lacked a factual basis and that “failed to inform the [appellant] that a jury would be chosen from members of the community, that he would have a right to participate in the selection of the jury, that the verdict of the jury would have to be unanimous and that they would have to be satisfied beyond a reasonable doubt of his guilt.” (Appellant’s Brief at 29-30); see Commonwealth v. Willis, 492 Pa. 310, 311, 424 A.2d 876, 877 (1981) (it is incumbent upon new counsel to review completely the stewardship of his predecessor and all arguable instances of ineffective assistance, whether or not on the trial record, and raise it at the first opportunity); Commonwealth v. Alberts, 285 Pa.Super. 10, 13, 426 A.2d 678, 680 (1981) (semble); see also Commonwealth v. Crowther, 241 Pa.Super. 446, 448, 361 A.2d 861, 862 (1976).

Our Supreme Court, with regard to the claim of ineffectiveness when advanced by counsel who is alleged to have been ineffective, has said:

“While this Court will entertain a claim of ineffective assistance of counsel on appeal by the same attorney who served as trial counsel if reversible error is apparent on the record before us, we will not reject such a claim without a remand for appointment of new counsel ” (Emphasis added) Commonwealth v. Fox, supra, 476 Pa. at 479, 383 A.2d at 201.

Applying the Fox analysis, we cannot say reversible error is apparent in the present record. See, e.g., Commonwealth v. Miller, 495 Pa. 177, 433 A.2d 1 (1981); Commonwealth v. Weiss, 289 Pa.Super. 9, 432 A.2d 1020 (1981). Accordingly, we remand to the trial court to permit appellant, if he desires, to select new counsel, not associated with appellate counsel, to represent him on the issue of ineffectiveness of appellate counsel and any other issue properly preserved for appellate review. Commonwealth v. Patrick, 477 Pa. 284, 383 A.2d 935 (1978); Commonwealth v. Fox, supra. If eligible, appellant may instead request the court to appoint new counsel for this purpose.

Order reversed and the case is remanded for proceedings consistent with this Opinion.

      . The Act of January 25, 1966, P.L. (1965) 1580, § 1 ef seq. as amended, 19 P.S. § 1180-1 et seq., repealed by Section 2(a) [1397] of the Act of April 28, 1978, P.L. 202, No. 53, repeal effective June 27, 1980, as amended by Section 1 of the Act of June 26, 1980, P.L. 265, No. 77, § 2, delaying repeal until June 27, 1981.

      . Rule 321 provides in pertinent part: “(a) A motion challenging the validity of a guilty plea, or the denial of a motion to withdraw a guilty plea shall be in writing and shall be filed with the trial court within ten (10) days after imposition of sentence.”

      . In the case sub judice, albeit appellant did not seek to challenge his guilty pleas by first filing a motion to withdraw the pleas with the court where they were entered, “[s]ince the appellant coupled his attack on the plea[s] with a contention that his [guilty plea] counsel was ineffective,” Commonwealth v. Maute, 263 Pa.Super. 220, 224, 397 A.2d 826, 828 (1979), the lower court was not precluded from conducting a hearing on the claims made. See Commonwealth v. Miller, 495 Pa. 177, 433 A.2d 1 (1981).

      . We note that the holding in Commonwealth v. Beatty, 474 Pa. 104, 376 A.2d 994 (1977) does not require a contrary result. In Beatty, the accused filed an appeal from the judgment of sentence entered pursuant to a plea of guilty. The appeal was withdrawn on the advice of counsel and a PCHA petition was simultaneously filed. The lower court dismissed the petition without a hearing and this Court affirmed. Commonwealth v. Beatty, 236 Pa.Super. 137, 344 A.2d 591 (1975). The Supreme Court vacated and remanded the case to the lower court, concluding that the issues were not waived. In Beatty, unlike the case at bar and Sheid, the accused initially sought to have his guilty plea invalidated on appeal, and then withdrew same to seek relief through the PCHA. The Supreme Court found no fault with such deviation from the law, on the grounds that:
      “Since guilty pleas are properly attacked in the first instance in trial court, it follows that appellant cannot be faulted for failing to attack his plea on direct appeal. To hold otherwise would create the anomaly of penalizing appellant for failing to follow a procedure ... recognized as incorrect.” (Footnote omitted) Id. 474 Pa. at 110, 376 A.2d 997.
      Instantly, appellant complied with the intent of Beatty in filing the first PCHA petition—this gave the lower court the first opportunity to decide the issue, but when he withdrew the initial appeal from the denial of said petition, he ran afoul the admonition in Sheid. Thus, a finding of waiver is proper.
      Despite the fact that appellant has plainly waived the matters which he seeks to have this Court review, and we need not and do not decide any of the substantive issues raised, our examination of the record in this case indicates that there is little, if any, merit in any of the substantive issues raised in the brief submitted by counsel on behalf of appellant, which has been carefully examined, in addition to our examination of the entire record of this case.

      . We observe that the ipsue of appointed (private) counsel’s effectiveness is not waived because it was not raised on the prior appeal to this Court. Where, as here, appellant’s assigned counsel was the same counsel who represented him on appeal, it is unrealistic to expect him to argue his own ineffectiveness. See Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).

      . The appellant, of course, need not acquire new counsel, for every person has a right to retain counsel of his choice. Commonwealth v. Robinson, 468 Pa. 575; 364 A.2d 665 (1976); Commonwealth v. Ross, 465 Pa. 421, 350 A.2d 836 (1976). But before an appellant decides to retain his counsel, he should be made aware of the dangers and possible disadvantages of proceeding with counsel he asserts is ineffective. Therefore, on remand, the court should inform the appellant of the facts necessary to ensure that his decision is knowing and intelligent. Commonwealth v. Gardner, 480 Pa. 7, 389 A.2d 58 (1978).


source: Caselaw Access Project

author: HOFFMAN, Judge:

license: Public Domain

text:
    442 A.2d 261
    John R. KASKIE, Sr. v. Helen S. KASKIE, Appellant.
    Superior Court of Pennsylvania.
    Argued April 29, 1981.
    Filed Feb. 19, 1982.

      Robert L. Ceisler, Washington, for appellant.
    Charles E. Kurowski, Canonsburg, for appellee.
    Before CERCONE, President Judge, and BROSKY and HOFFMAN, JJ.
   HOFFMAN, Judge:

This is an appeal from an order foreclosing appellant’s claims under the Divorce Code of 1980 (Divorce Code). For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

This action was commenced under the Divorce Law of 1929 (Divorce Law), and was pending on July 1, 1980, the effective date of the Divorce Code. On July 30, 1980, without obtaining appellee’s consent or leave of court, see Pa.R.Civ.P. 1033, appellant filed a counterclaim asserting, for the first time, claims for alimony and equitable distribution of marital property cognizable only under the Divorce Code. Appellee subsequently filed preliminary objections attacking the procedural propriety of appellant’s counterclaim. The lower court sustained appellee’s preliminary objections and dismissed appellant’s counterclaim, prompting this appeal.

Appellant contends that the lower court erred in failing to consider her counterclaim as an application to proceed under the Divorce Code. “Section 103 of the Divorce Code of 1980 provides that ‘upon application granted,’ an action pending on the effective date of the Code, July 1, 1980, shall proceed under the Code instead of under the Divorce Law of 1929.” Conrad v. Conrad, 293 Pa.Superior Ct. 558, 561, 439 A.2d 717, 718 (1981). See also Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 (1981); Toll v. Toll, 293 Pa.Superior Ct. 549, 439 A.2d 712 (1981). In sustaining appellee’s preliminary objection, the lower court reasoned that an “application” was required to effectuate a transfer from the Divorce Law to the Divorce Code and that appellant’s counterclaim was not an “application” within the legislative intendment. While the lower court’s analysis comports with the language of section 103, our limited experience with the provision has disclosed a variety of methods triggering transfer of pending cases to the Divorce Code. For example, as contemplated by the court below and the parties in Gordon and Toll, a spouse could seek the benefits of the provisions of the Divorce Code by filing a formal petition or application to instigate the transfer. Gordon v. Gordon, supra 293 Pa.Super. at 497, 439 A.2d at 685; Toll v. Toll, supra 293 Pa.Super. at 554, 439 A.2d at 714; Conrad v. Conrad, supra 293 Pa.Super. at 561, 439 A.2d at 718. A spouse could also attempt a transfer by seeking leave to file an amended answer and counterclaim nunc pro tunc. Sec, e.g., Toll v. Toll, supra 293 Pa.Super. at 553 n.4, 439 A.2d at 714 n.4. See generally Pa.R.Civ.P. 1033; 2 Goodrich-Amram 2d §§ 1031(a):2, 1033:7, 1033:8 (1976) (defendant may seek leave to amend answer to assert counterclaim accruing after date of filing original answer). Or, as has occurred in Philadelphia County, a spouse could initiate a transfer upon praecipe. See, e.g., Gordon v. Gordon, supra 293 Pa.Super. at 554 n.6, 439 A.2d at 690 n.6. There may still be other permutations of procedure that have, as yet, escaped appellate review. Considering the uncertainty that existed before the filing of our opinions in Gordon, Toll, and Conrad on December 18, 1981, it would be unfair to debar appellant because of a procedural irregularity in her attempt to effectuate a transfer of this case to the Divorce Code. Cf. Balush v. Borough of Norristown, 292 Pa.Superior Ct. 416, 421, 437 A.2d 453, 455 (1981) (uncertainty concerning pleading of no-fault threshold before Bond v. Gallen, 292 Pa.Superior Ct. 207, 437 A.2d 7 (1981)); Jones v. State Automobile Insurance Association, Pa.Superior Ct. slip op. at 1-2 (J. 1553/1980, filed October 30, 1981) (uncertainty concerning commencement of no-fault cases by petition and rule before Floczak v. Nationwide Insurance Co., 289 Pa.Superior Ct. 438, 433 A.2d 885 (1981)). Accordingly, we hold that the lower court should have considered appellant’s counterclaim as an application to transfer this case to the Divorce Code. Appellee is not prejudiced by our determination because the filing of the counterclaim, though technically inappropriate, should have sufficed to provide him with adequate notice of appellant’s desire to resort to the Divorce Code. If appellee objects to a transfer of this case to the Divorce Code, he must be given an opportunity to be heard. Gordon v. Gordon, supra 293 Pa.Super. at 554 n.6, 439 A.2d at 690 n.6; Toll v. Toll, supra 293 Pa.Super. at 552 n.3, 439 A.2d at 714 n.3; Conrad v. Conrad, supra 293 Pa.Super. at 560, 439 A.2d at 718.

In ruling upon the objections, the court’s range of discretion [will be] extremely narrow, being limited to a consideration of whether granting the application will be consistent with the objectives described in section 102 of the Divorce Code.

If granting the application will further those objectives, the court should grant the application; if granting the application will be inconsistent with those objectives, the court should deny the application.
[Gordon v. Gordon, supra] 293 Pa.Super. at 554, 439 A.2d at 690.

Conrad v. Conrad, supra 293 Pa.Super. at 561, 439 A.2d at 718.

Order reversed and case remanded for proceedings consistent with this opinion.

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

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

      . This appeal, docketed at No. 1026 Pittsburgh, 1980, is properly before this Court. An order sustaining preliminary objections and dismissing a counterclaim is appealable. Commonwealth v. Orsatti, Inc., 448 Pa. 72, 292 A.2d 313 (1972). See also 2 Goodrich-Amram 2d §§ 1028(e):3, 1031(a):4 (1976). Moreover in Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 (1981), we held that an order denying an application to procéed under the Divorce Code is a final and appealable order.
      Subsequent to taking this appeal, appellant filed a belated application to proceed under the Divorce Code and appellee filed a petition to strike her application. The court below granted appellee’s petition and “dismissed [the application] for want of jurisdiction. Pa.R.A.P. 1701(a).” Appellant appealed that order at No. 1284 Pittsburgh, 1980. Later, this Court consolidated her appeals. Because of our disposition of No. 1026, we need not address the issues raised in the appeal at No. 1284. Accordingly, we dismiss the latter appeal as moot. See Gordon v. Gordon, supra.


author: PER CURIAM:

text:
    442 A.2d 263
    COMMONWEALTH of Pennsylvania v. Donald L. SPRINGER, Appellant.
    Superior Court of Pennsylvania.
    Argued Dec. 1, 1981.
    Filed Feb. 19, 1982.

      Randall E. Zimmerman, Mifflintown, for appellant.
    Harold E. Powell, Mifflintown, for Commonwealth, appellee.
    Before BROSKY, WIEAND and MONTEMURO, JJ.
   PER CURIAM:

This is an appeal from the judgment of sentence by which the Court of Common Pleas of Juniata County imposed a fine on Donald L. Springer following a conviction for speeding in violation of 75 Pa.C.S. § 3362(a)(2). Springer was initially found guilty by a local district justice and ordered to pay a fine. He appealed this conviction to the court of common pleas, which heard the evidence de novo. At the conclusion of the hearing, the trial judge deferred a decision to give counsel an opportunity to file briefs. On January 26, 1981, the trial court entered an order dismissing the appeal, finding Springer guilty of speeding, and reimposing the fine, together with costs, previously imposed. This appeal followed immediately. No post trial motions were filed.

The appeal is controlled by decision of this Court in Commonwealth v. Picker, 293 Pa.Superior Ct. 381, 439 A.2d 162 (1981). What was said in that opinion is equally applicable to the instant appeal: “The state of this record is reflective of the confusion which existed in the legal community before our en bane decision in Commonwealth v. Koch, 290 Pa.Superior Ct. 288, 431 A.2d 1052 (1981). That decision made it clear that post-verdict motions are required to be filed in order to preserve issues for appeal after the pronouncement of guilt in de novo trials held upon an appeal from the decision of a district justice. Id. See also Pa.R. Crim.P. 1123 and recent comment thereto. In the present case, we note that there were no post-verdict motions filed. We cannot, however, find a waiver on this basis because the lower court never apprised appellant [Springer] on the record of his right to file post-verdict motions as is mandated that the court do under Pa.R.Crim.P. 1123(c). Commonwealth v. Koch, supra. See also Commonwealth v. Johnston, 292 Pa.Superior Ct. 224, 437 A.2d 16 (1981); Commonwealth v. Williams, 290 Pa.Superior Ct. 158, 434 A.2d 179 (1981) .... In fact, the lower court, just as the lower courts in Koch, Williams and Johnston improperly pronounced verdict and sentence simultaneously through a written order made subsequent to the conclusion of the de novo trial. This effectively precluded the appellant from having the opportunity to file post-verdict motions which should properly be filed after the verdict is rendered, but before sentence, in this case a fine, is imposed. See Comment to Pa.R.Crim.P. 1123. The proper procedure for litigants to follow in this situation would be to file a motion to vacate the improperly imposed judgment of sentence in order to allow for the filing of post-verdict motions. Appellant [Springer], however, should not be faulted for his failure to do so because of the confusion which existed before Koch and the recent amendments to the Comments to Rules 67 and 1123 of the Rules of Criminal Procedure. See Commonwealth v. Johnston, supra, 292 Pa.Superior Ct. at 227 n.3, 437 A.2d 16, 18.

“Finally, we note that in this case the lower court, pursuant to Pa.R.App.P. 1925(b), issued an order directing appellant to file of record a concise statement of the matters complained of on appeal. Thus, the appellant did so and the lower court specifically addressed these issues in its opinion in support of an order pursuant to Pa.R.App.P. 1925(a). This, however helpful, is certainly not an adequate substitute for the filing of post-verdict motions because the latter ask the lower court to reconsider its decision in light of alleged errors whereas the former simply requires the court to justify and articulate the reasons for its decision. This distinction is crucial in light of the fact that one of the main purposes for requiring post-verdict motions is to give the lower court an opportunity to correct asserted errors at that early stage without necessitating the expenditure of time and judicial energy in taking a costly appeal to the appellate courts. See Commonwealth v. Koch, 288 Pa.Superior Ct. at 295, 431 A.2d at 1055. In Koch, we stated that ‘[t]he purpose of such motions is twofold: (1) to afford the trial court in the first instance, the opportunity to correct asserted trial errors; and (2) to clearly and narrowly frame issues for appellate review. Commonwealth v. Kinsey, 249 Pa.Superior Ct. 1, 375 A.2d 727 (1977).’ While a concise statement of matters complained of on appeal may narrow the issues for review, it does not allow the lower court the opportunity to correct its errors because the notice of appeal has already been filed and the lower court is thereby divested of jurisdiction to act further on the case. Pa.R.App.P. 1701(a).”

Therefore, we vacate the judgment of sentence and remand for the filing of post trial motions nunc pro tunc within 10 days of the filing of this order.


text:
    July 31, 1981.
    435 A.2d 1330
    Berman, Appellant, v. B. C. E. Corp., et al.
    Argued December 1, 1980.
    Neil A. Morris, for appellant;
    Gary A. Rochestie, for B. C. E. Corp., appellee;
    Paul F. Lantieri, did not file a brief on behalf of Criniti & Sons, appellees;
    James J. Jandrisitz, did not file a brief on behalf of Philadelphia Authority, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The order of the lower court is hereby affirmed.


text:
    435 A.2d 1331
    Byrd v. Septa, Appellant.
    Argued September 8, 1980.
    Joan L. Gerson, for appellant; Joseph I. Fineman, for appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    435 A.2d 1331
    Commonwealth v. Fisher, Appellant.
    Petition for Allowance of Appeal Denied Nov. 9, 1981.
    Submitted March 6, 1980.
    Barbara A. Roth, for appellant;
    C. Joseph Rehkamp, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   We affirm on the basis of the comprehensive and well reasoned opinion of the court below.


text:
    435 A.2d 1331
    Commonwealth v. Grant, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Argued November 12, 1980.
    George E. James, for appellant;
    John L. Brown, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, WATKINS and HOFFMAN, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1332
    Commonwealth v. Jarrott, Appellant.
    Argued May 26, 1981.
    Barry F. Greenberg, for appellant;
    Dennis P. Cohen, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1332
    Commonwealth v. Koziel, Appellant.
    Submitted January 28, 1981.
    Joseph Van Jura, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   This case is remanded to the trial court with directions to entertain Appellant’s motion for modification of sentence nunc pro tunc. Appellant shall have ten days from the filing of the record and this opinion in the lower court in which to file a motion for modification of sentence with the lower court. Jurisdiction is not to be retained by this court.


text:
    435 A.2d 1332
    Commonwealth v. Lewis, Appellant.
    Petition for Allowance of Appeal Denied Nov. 13, 1981.
    Argued September 8, 1980.
    Joel S. Moldovsky, for appellant;
    Maxine J. Stotland, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1333
    Commonwealth v. Melvin, Appellant.
    Petition for Allowance of Appeal Denied Jan. 8, 1982.
    Submitted November 14, 1980.
    John H. Corbett, Jr., for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1333
    Commonwealth v. Rouck, Appellant.
    Submitted September 11, 1980.
    Michael R. Muth, Public Defender, for appellant;
    Ralph A. Matergia, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    435 A.2d 1333
    Commonwealth v. Simon, Appellant.
    Submitted April 16, 1980.
    David P. Truax, for appellant;
    Stephen Toole, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   . Judgment of sentence affirmed.


text:
    435 A.2d 1333
    Commonwealth v. Stanford, Appellant.
    Submitted March 6,1980.
    Douglas W. Herman, Assistant Public Defender, for appellant;
    John F. Nelson, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1334
    Commonwealth v. Tull, Appellant.
    Petition for Allowance of Appeal Denied Oct. 20, 1981.
    Submitted September 9, 1980.
    Walter Michael Dinda, for appellant;
    Alan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1334
    Commonwealth v. Watson, Appellant.
    Submitted April 20, 1981.
    Mary E. Longeran, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, MONTEMURO and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1334
    Commonwealth v. West, Appellant.
    Submitted March 21, 1980.
    Gregory V. Smith, Assistant Public Defender, for appellant;
    William S. Kieser, District Attorney, for Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 1335
    Commonwealth, Appellant v. Wood.
    Argued September 9, 1980.
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellant;
    Charles F. Volz, Jr., for appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.

HOFFMAN, J., filed a memorandum concurring statement.


text:
    435 A.2d 1335
    Commonwealth ex rel. Susan Marsh v. Emerson Marsh, Appellant.
    Argued April 16, 1980.
    John M. Golden, for appellant;
    William A. Johnson, submitted a brief on behalf of appellee.
    Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 1335
    In re Estate of Weimer. Appeal of Alem W. Hull, James W. Hull and Marshall W. Hull.
    Argued April 20, 1981.
    Burk E. Bishop, for appellants;
    Charles V. Henry, II, for appellee.
    Before WICKERSHAM, MONTEMURO and WATKINS, JJ.
   Order affirmed.


text:
    435 A.2d 1335
    Jelovich v. Jelovich, Appellant.
    Argued November 11, 1980.
    Leonard A. Costa, Jr., for appellant;
    JoAnne R. Wilder, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 1336
    Little et al., Appellants v. Pittsburgh Press Co., et al.
    Submitted November 14,1980.
    Frank E. Little, appellant, for himself and son;
    Scott E. Henderson, for Pittsburgh Press, and Lawrence Walsh appellees;
    Michael K. Drapkin, for Bromall, Drapkin and Simon, appellees;
    Howland W. Abramson, for Strassburger et al., appellees.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   The order of the lower court is affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 1336
    Mucklow, Appellants v. Interstate Railroad Ties, Inc.
    Argued May 26, 1981.
    Cheryl Ann Klepper, for appellants;
    Donald H. Lipson, for appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Appeal quashed.


text:
    435 A.2d 1336
    Peters, Appellant v. Pahl.
    Argued November 13, 1980.
    William T. Simmons, for appellant;
    James A. Beinkemper, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 1337
    Vucelich v. Vucelich, Jr., Appellant.

      Argued June 10, 1980.
    Hans E. Solum, Jr., for appellant;
    David D. Morrison, for appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    August 7, 1981.
    435 A.2d 906
    Commonwealth v. Allen, Appellant.
    Petition for Allowance of Appeal Denied May 13, 1982.
    Submitted June 13, 1980. Arthur
    J. King, Assistant Public Defender, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 906
    Commonwealth v. Altieri, Appellant.

      Submitted April 29, 1981.
    John Halley, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 907
    Commonwealth v. Dosch, Appellant.
    Argued April 30, 1981.
    Raymond Bogarty, for appellant;
    Charles S. Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 907
    Commonwealth v. Green, Appellant.
    Argued April 30, 1981.
    Raymond H. Bogarty, for appellant;
    Charles Hersh, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 907
    Commonwealth v. Martin, Appellant.
    Submitted September 11, 1980.
    Roger C. Peterman, for appellant;
    Eric B. Henson, Assistant District Attorney, for appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 907
    Commonwealth v. McConnell, Appellant.
    Petition for Allowance of Appeal Denied Sept. 8, 1981.
    Submitted September 11,1980.
    Michael A. Klimpl, for appellant;
    Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 908
    Commonwealth v. O’Neil, Appellant.
    Submitted September 11,1980.
    Basil G. Russin, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Order affirmed.


text:
    435 A.2d 908
    Commonwealth v. Race, Appellant.
    Submitted November 12, 1980.
    Donald R. Calaiaro, for, appellant;
    Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 908
    Hayes, Appellant v. Hayes.
    Submitted June 9, 1980.
    Lawrence A. Ruth, for appellant;
    Albert C. Oehrle, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 909
    Morgan, et al., Appellants v. Gowen, M. D.
    Argued May 4, 1981.
    Harry L. Green, for appellants; Craig L. Staples, for appellee.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   Affirmed.


text:
    435 A.2d 909
    Sullivan, Appellant v. Sullivan.
    Petition for Allowance of Appeal Denied Nov. 19, 1981.

      Argued December 2, 1980.
    Jack A. Rounick, for appellant;
    John C. Butera and James Dunworth, for appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The order of the lower court is hereby affirmed.


text:
    August 14, 1981.
    435 A.2d 909
    Assalone etc. v. Poeta, et al. Appeal of Rockwood Insurance Co.
    Submitted Jan. 12, 1981.
    Richard A. Bell, for appellant;
    John E. Fernán, for Assalone, appellee;
    Robert D. Douglass, for Poeta, appellee;
    John E. Hall, for P & N Coal, appellee.
    Before SPAETH, BROSKY and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 910
    Cole, Appellant v. Grove City College, etc., et al. Mueller, Appellant v. Grove City College etc., et al.
    Petition for Allowance of Appeal Denied Nov. 13, 1981.

      Argued March 18, 1981.
    Terry K. Wheeler, for appellants;
    Timothy Bonner, for appellees.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Judgment affirmed.


text:
    435 A.2d 910
    Commonwealth v. Benson, Appellant.
    Submitted December 4, 1980.
    James Edward Mugford, Sr., for appellant;
    Alan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   The judgment of sentence of the lower court is hereby affirmed.


text:
    435 A.2d 910
    Commonwealth v. Carthon, Appellant.

      Submitted December 4, 1980.
    H. Weston Tomlinson, Assistant Public Defender, for appellant;
    Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 911
    Commonwealth v. Cuno, Jr., Appellant.
    Petition for Allowance of Appeal Denied Dec. 3, 1981.
    Argued December 4, 1980.
    Nelson J. Sack, for appellant;
    Kristine F. Hughey, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 911
    Commonwealth, Appellant v. Dolan.
    Argued November 11, 1980.
    James J. Conte, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellant;
    Irving M. Green, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 911
    Commonwealth v. Downs, Appellant.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 911
    Commonwealth v. Ferraro, Appellant.
    Petition for Allowance of Appeal Denied May 13, 1982.
    Argued September 9, 1980.

      William J. Mazzola, for appellant;
    Lee Kaplan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   The judgment of sentence is hereby affirmed.


text:
    435 A.2d 912
    Commonwealth v. Fox, Appellant.
    Argued December 1, 1980.
    Robert J. O’Shea, Jr., Assistant Public Defender, for appellant;
    Joseph Hylan, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 912
    Commonwealth v. Garcia, Appellant.
    Petition for Allowance of Appeal Denied Nov. 13, 1981.
    Submitted June 13, 1980.
    Kevin J. Kelleher, for appellant;
    Christopher T. Spadoni, Assistant District Attorney, for Commonwealth, appellee.

      Before BROSKY, HOFFMAN, and CIRILLO, JJ.

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

   Order affirmed.


text:
    435 A.2d 912
    Commonwealth v. Grooms, Appellant.
    Submitted March 24, 1981.
    Blake E. Martin, Public Defender, for appellant;
    John N. Keller, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WIEAND and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 913
    Commonwealth v. Hiles, Jr., Appellant.
    Submitted November 10, 1980.
    John Woodcock, Jr., for appellant;
    Jolene M. Grubb, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 913
    Commonwealth v. Jackson, Appellant.
    Submitted February 18, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin • Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 913
    Commonwealth v. Johnson, Appellant.
    Submitted September 11, 1980.
    David P. Trulli, for appellant;
    Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 914
    Commonwealth v. Jones, Appellant.
    Submitted February 17, 1981.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence is affirmed.


text:
    435 A.2d 914
    Commonwealth v. Lang, Appellant.
    Submitted February 9, 1981.
    H. David Rothman, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before BROSKY, DiSALLE and SHERTZ, JJ.
   Order affirmed.


text:
    435 A.2d 914
    Commonwealth v. Lanier, Appellant.
    Submitted June 11, 1980.
    Mary Bell Hammerman, for appellant;
    Robert M. Lipschutz, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before BROSKY, WATKINS and CIRILLO, JJ.

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

   Judgment of sentence affirmed.


text:
    435 A.2d 914
    Commonwealth v. Marcrillo a/k/a Marcello, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Submitted September 11, 1980.
    Frank J. Marcone, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 915
    Commonwealth v. Miller, Appellant.
    Submitted September 11, 1980.
    William L. Van Alen, Jr., for appellant;
    Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 915
    Commonwealth v. Regula, Appellant.
    Petition for Allowance of Appeal Denied Jan. 4, 1982.
    Submitted December 4, 1980.
    Joel H. Slomsky, for appellant;
    David Grine, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 915
    Commonwealth v. Rhodes, Appellant.
    Submitted December 5,1980.
    Donald G. Joel, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 916
    Commonwealth v. Schmoyer, Appellant.
    Argued September 8, 1980.
    James L. Heidecker, Jr., for appellant;
    Michael Moyer, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HESTER and CAVANAUGH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 916
    Commonwealth v. Simmons, Appellant.

      Submitted December 5,1980.
    Brian S. Quinn; for appellant;
    Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Order affirmed.


text:
    435 A.2d 916
    Commonwealth v. Wiltrout, Appellant.
    Petition for Allowance of Appeal Denied March 8, 1982.
    Argued May 1, 1981.
    Gary R. Fine, for appellant;
    Albert M. Nichols, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before POPOVICH, MONTGOMERY and HOFFMAN, JJ.
   Judgment of sentence is affirmed on the opinion of Gilfert M. Mihalich, J.


text:
    435 A.2d 916
    Commonwealth v. Yock, Appellant.

      Submitted January 13, 1981.
    John H. Corbett, Jr., for appellant;
    Kathryn L. Simpson, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 917
    Commonwealth ex rel. Shomo v. Shomo, Appellant.
    Argued February 17, 1981.
    Clement James Cassidy, submitted a brief on behalf of appellant;
    Patricia H. Frankel, for appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Order is affirmed.


text:
    437 A.2d 1015
    Cooke, et al. v. Bruce, et al., Appellants.
    Reargument Denied Dec. 16, 1981.
    Argued December 1, 1980.
    David W. Knauer, for appellants;
    Richard E. Deetz, for appellees.

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


text:
    435 A.2d 917
    Cresson Ridge Diesel Garage v. Nileski, Appellant.
    Submitted January 14, 1981.
    Lewis H. Ripley, Jr., for appellant;
    Walter A. Criste, for appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Orders affirmed.


text:
    435 A.2d 917
    Fidelity Bond and Mtg., Co. v. Congressional, Appellants.
    Argued March 11, 1980.
    Stanley R. Krakower, for appellants;
    William G. Malkames, for appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 917
    Fox, Appellant v. Kittaning Coal Co., et al.
    Petition for Allowance of Appeal Denied Dec. 29, 1981.
    Argued January 12,1981.
    C. John Tillman, for appellant;
    Frederick J. Francis, for appellees.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   The orders of the lower court are hereby affirmed.


text:
    435 A.2d 918
    Gillette v. Porter, Appellant.
    Argued November 10, 1980.
    William Pineo, for appellant;
    Paul D. Shafer, Jr., for appellee.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 918
    Glunt, etc. v. Grimm, et al., Appellants.

      Argued January 12, 1981.
    Bernard J. McAuley, for appellants;
    Christ J. Walthour, Jr., for appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 918
    Kessler, etc., et. al., Appellants v. Borough of Bangor.
    Argued June 9, 1980.
    Kevin J. Kelleher, for appellants;
    Anthony C. San-tore, 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:
    435 A.2d 918
    Martin, Appellant v. Myers.
    Petition for Allowance of Appeal Denied Nov. 9, 1981.
    Argued May 4, 1981.
    James L. Martin, appellant, in propria
    persona;
    Samuel L. Andes, for appellee.

      Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   Judgment affirmed.


text:
    435 A.2d 919
    McGlade, Sr., et ux., Appellants v. Ohio Cas. Ins. Co.
    Argued December 5, 1980.
    Andrew Elash, for appellants;
    Joel Feldscher, for appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Order affirmed on the lower court opinion of Judge Gafni.


text:
    435 A.2d 919
    McHugh, Appellants v. Interstate Oil Trans. Corp., et al.
    Petition for Allowance of Appeal Denied Jan. 4, 1982.
    Argued December 2, 1980. Ronald L. Wolf, for appellants;
    Stuart M. Gold-stein, for Interstate Oil, appellee;
    Larry R. Barron, for Mobil Oil, appellee;
    and Joseph C. DeMaria, for E. W. Saybolt, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   The orders of the lower court are hereby affirmed.


text:
    435 A.2d 919
    Migliaccio, et al., Appellants v. City of Philadelphia, et al.
    Argued February 18, 1981.
    Mitchell H. Kievan, for appellants;
    Richard S. Kohn, Assistant City Solicitor, for appellees.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 919
    Rosecrans, et al. v. White, Appellant.
    Argued January 12, 1981.
    Kenneth D. Chestek, for appellant;
    Vedder J. White, for appellees.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 920
    Williamsport National Bank, etc., Appellant v. Pennsylvania Folding Ctn., Inc.
    Argued June 9,1980.
    William P. Carlucci, for appellant;
    William Caprio, III, for appellees.

      Before PRICE, WICKERSHAM and LIPEZ, JJ.
   For the reasons in the foregoing memorandum opinion, we affirm the chancellor’s decree.


text:
    August 21, 1981.
    435 A.2d 920
    Ambassador Insurance Co., Appellant v. Chakler, et al.
    Argued January 26, 1981.
    Charles Jay Bogdanoff, for appellant;
    Joseph Fineman, for appellees. Before CAVANAUGH, JOHNSON and LIPEZ, JJ.
   The order of April 24, 1980, is affirmed.

CAVANAUGH, J., filed a memorandum concurring statement.


text:
    437 A.2d 1015
    Berks Mutual Leasing Co., et al. v. Empire Steel. Berks Mutual Leasing Co., et al., Appellants v. Empire Steel. Berks Mutual Leasing Co., et al. v. Empire Steel. Berks Mutual Leasing Co., et al. v. Empire Steel. Appeal of C. N. A. Insurance. Appeal of Patrick J. Alfiero. Appeal of International Harvester Co.
    Reargument Denied Dec. 9, 1981.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.

      Argued March 2, 1981.
    John G. Jenemann, for C. N. A., Insurance, appellant (at No. 1866) and appellee (at Nos. 1867, 1868 and 1956);
    Kean K. McDonald, for Berks, et al., appellants (at No. 1867) and appellees (at Nos. 1866, 1868 and 1956); Paul R. Anapol, for Alfiero, appellant (at No. 1868) and appellee (at Nos. 1866, 1867 and 1956);
    Steve McEwen, for International Harvester, appellant (at No. 1956) and appellee (at Nos. 1866,1867 and 1868); J. Grant McCabe, III, for Empire Steel, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 920
    Commonwealth v. Benton, Appellant.
    Submitted September 8, 1980.
    Ronald Segal, for appellant;
    Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 921
    Commonwealth v. Bronaugh, Appellant.
    Submitted May 21, 1981.
    John Halley, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   The order is affirmed on the opinion of the Honorable Loran L. Lewis, J.


text:
    435 A.2d 921
    Commonwealth v. Claypoole, Appellant.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Argued May 5, 1981.
    Joseph C. Mesics, for appellant;
    William L. Thurston, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and SPAETH and CAVA-NAUGH, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    435 A.2d 921
    Commonwealth v. Clymer, Appellant.
    Petition for Allowance of Appeal Denied March 18, 1982.
    Submitted June 13, 1980.
    Philip D. Lauer, for appellant;
    Edward Zamborsky, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WICKERSHAM and LIPEZ, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 921
    Commonwealth v. Duncan, Appellant.
    Submitted March 6, 1980.
    Marilyn C. Zilli, Assistant Public Defender, for appellant;
    Marion E. MacIntyre, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WATKINS and MONTGOMERY, JJ.
   The order of the lower court is affirmed.


text:
    435 A.2d 922
    Commonwealth v. Ford, Appellant.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Heather J. Mumma, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 922
    Commonwealth v. Gallagher, Appellant.
    Petition for Allowance of Appeal Denied Dec. 4, 1981.
    Submitted December 5, 1980.
    Albert J. Flora, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 922
    Commonwealth v. Gibson, Appellant.
    Submitted December 5, 1980.
    Stanley M. Vasiliadis, for appellant;
    Donald Corriere, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 923
    Commonwealth v. Gregory, 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 is affirmed.


text:
    435 A.2d 923
    Commonwealth v. Hilt, Jr., Appellant.

      Submitted December 5, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 923
    Commonwealth v. Kehoe, Appellant.
    Petition for Allowance of Appeal Denied Dec. 14, 1981.
    Submitted December 5, 1980.
    Albert J. Flora, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 924
    Commonwealth v. Neal, 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:
    435 A.2d 924
    Commonwealth v. Kreitzer, Appellant.
    Petition for Allowance of Appeal Denied Nov. 19, 1981.
    Submitted December 5,1980.
    Albert J. Flora, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 924
    Commonwealth v. O’Keefe, Appellant.
    Petition for Allowance of Appeal Denied Jan. 8, 1982.
    Argued March 18, 1980.
    Francis M. Walsh, Assistant Public Defender, for appellant;
    David M. McGlaughlin, Assistant District Attorney, for Commonwealth, appellee.

      Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed on the comprehensive opinion of Judge Lowe.


text:
    435 A.2d 924
    Commonwealth v. Patrick, Appellant.
    Submitted December 5, 1980.
    Arthur J. King, Assistant Public Defender, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 925
    Commonwealth v. Pelzer, Appellant.
    Submitted June 24,1981.
    Gary P. Heslin, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and DiSALLE, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 925
    Commonwealth v. Talarico, Jr., Appellant.
    Petition for Allowance of Appeal Denied March 18, 1982.
    Argued March 20, 1980.
    William R. Bern-hart, for appellant;
    J. Michael Morrissey, District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed on the opinion of the court below by Wesner, J.

PRICE, J., filed a memorandum concurring statement.

CAVANAUGH, J., concurred in the result and agreed with the memorandum concurring statement of PRICE, J.


text:
    435 A.2d 925
    Commonwealth v. Tate, III, Appellant.
    Submitted September 11, 1980.
    Raymond J. Takiff, for appellant;
    Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 926
    Commonwealth v. Young a/k/a Hodge, Appellant.
    Submitted November 14, 1980.
    Stanton D. Levenson, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 926
    Commonwealth ex rel. Smith v. Wallenstein. Appeal of George Smith.
    Submitted March 21, 1980.
    James A. Downey, III, for appellant;
    Michael Kane, District Attorney, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   Order affirmed on the comprehensive opinion of Judge Bortner.


text:
    435 A.2d 926
    Evans v. Standard Venetian Blind, Co., et al. Appeal of American Empire Insurance, Co.
    Petition for Allowance of Appeal Granted Nov. 4, 1982.
    Argued May 11, 1981.
    William F. Anzalone, for appellant;
    Mitchell S. Greenspan, submitted a brief on behalf of Standard, et al., appellees.
    Before MONTEMURO, HOFFMAN and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 927
    Gallagher, et al., Appellants v. Varish, et al.
    Argued November 10, 1980.
    Paul D. Shafer, Jr., for appellants;
    Mark D. Prather, for appellees.
    Before PRICE, CAVANAUGH and HOFFMAN, JJ.
   Judgment affirmed.


text:
    435 A.2d 927
    Glenn v. Glenn, Appellant.
    Submitted March 17, 1980.
    Lee H. Roberts, for appellant;
    W. David Marcello, for appellee.
    Before PRICE, CAVANAUGH and WATKINS, JJ.
   The order is affirmed on the comprehensive opinion of Judge C. V. Brown.


text:
    435 A.2d 927
    Jacobs v. Jacobs, Appellant.
    Argued April 15, 1980.
    Joseph N. Cascio, for appellant;
    Dean A. Bowman, for appellee.
    Before CAVANAUGH, HOFFMAN, and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 927
    Leech, Appellant v. Rosenthal.

      Argued April 1, 1981.
    George M. Bobrin, for appellant;
    Roger B. Wood, for appellee.
    Before CERCONE, P. J., and HESTER and JOHNSON, JJ.
   The order of the lower court and judgment entered thereon, is affirmed.


text:
    435 A.2d 928
    Rodak, et ux., Appellants v. Oakmont Municipal Author., etc.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Argued November 13, 1980.
    Edwin J. Martin, for appellant;
    David B. Fawcett, for appellee.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    435 A.2d 928
    Wiles, Appellant v. Hunter’s Truck Sales and Service.
    Submitted November 16, 1979.
    Andrew M. Schifino, for appellant;
    Richard L. McCandless, for appellee.

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


text:
    August 28, 1981.
    435 A.2d 928
    Atkinson v. Elliott, et al., Appellants.
    Argued May 27, 1981.
    Leonard J. Bucki, for appellants; Richard D. Link, for appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Order affirmed.


text:
    435 A.2d 928
    Commonwealth v. Banner, Appellant.
    Argued January 12, 1981.
    Henry A. Hudson, Jr., for appellant;
    Patrick A. Merlino, Assistant District Attorney, and Timothy H. Geary, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    435 A.2d 929
    Commonwealth v. Barrett, Appellant.
    Submitted May 26, 1981.
    Joel Harvey Slomsky, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Order of lower court is affirmed.


text:
    435 A.2d 929
    Commonwealth v. Coviello, Appellant.
    Submitted December 5, 1980.
    John J. Dunn, Sr., for appellant;
    Ernest D. Preate, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 929
    Commonwealth v. Cromer, Appellant.
    Submitted December 5, 1980.
    Jonathan Blum, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 930
    Commonwealth v. Fassnacht, Appellant.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Argued December 5, 1980.
    Gregory M. Harvey, for appellant;
    Steven H. Goldblatt, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 930
    Commonwealth v. Gillespie, Appellant.
    Petition for Allowance of Appeal Denied Nov. 20, 1981.
    Submitted January 12, 1981.
    John H. Corbett, Jr., for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 930
    Commonwealth v. Hartman, Appellant.
    Petition for Allowance of Appeal Denied Feb. 25, 1982.
    Argued March 16, 1981.
    Joseph Martone, for appellant;
    Paul J. Susko, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.'
   Judgment of sentence affirmed.


text:
    435 A.2d 930
    Commonwealth v. Lockett, Appellant.
    Petition for Allowance of Appeal Denied March 1, 1982.
    Submitted March 17, 1981.
    David G. Metinko, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 931
    Commonwealth v. Mills, Appellant.
    Submitted December 5, 1980.
    Barry H. Denker, for appellant;
    John B. Stevens, Jr., Assistant District Attorney, did not file a brief on behalf of Commonwealth, appellee.
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The order of the lower court is hereby affirmed.


text:
    435 A.2d 931
    Commonwealth v. Milton, Appellant.
    Petition for Allowance of Appeal Denied Nov. 25, 1981.
    Submitted May 20, 1981.
    Paulette J. Balogh, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before MONTGOMERY, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 931
    Commonwealth v. Morant, Appellant.
    Petition for Allowance of Appeal Denied Feb. 24, 1982.
    Submitted May 28, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 932
    Commonwealth v. Walsh, Appellant.
    Submitted May 27, 1981.
    Joseph F. Sklarosky, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    435 A.2d 932
    Hower, et al., etc., Appellants v. Moyer.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Argued December 1, 1980.
    Edward F. Silva, for appellants;
    John B. Lieberman, III, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    435 A.2d 932
    In re Estate of Carl Peterson, an incompetent. Appeal of William Gealy.
    Petition for Allowance of Appeal Denied Dec. 18, 1981.

      Argued April 30, 1981.
    Lloyd H. Fuge, for appellant; Eric C. Rome, for appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    435 A.2d 932
    Larkin v. W. Chestnut Realty Corp., Appellant.
    Argued May 28, 1981.
    Joseph L. Carney, for appellant;
    Stephen S. Smith, for appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Final decree of the Court of Common Pleas of Delaware County affirmed.


text:
    437 A.2d 1016
    Paul L’Esperance, Inc., Appellant v. Wunder.
    Reargument Denied Dec. 16, 1981.
    Petition for Allowance of Appeal Denied June 30, 1982.
    Argued May 13, 1981.
    William L. McLaughlin, for appellant;
    David L. Marshall, for appellee.

      Before MONTEMURO, HOFFMAN and VAN der VOORT, JJ.
   Order is affirmed.


text:
    441 A.2d 440
    Norman, etc. v. Norman, etc., Appellant.
    Reargument Denied March 3, 1982.
    Argued November 12, 1980.
    Charles A. Schneider, for appellant;
    Michael J. Visnosky, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1016
    Sharman, Appellants v. Classic Carwash, Inc., et al.
    Reargument Denied Dec. 14, 1981.
    Argued May 28, 1981.
    Donald E. Matusow, for appellants;
    Joseph H. Foster, for Classic, et al., appellee;
    Richard A. Kraemer, did not file a brief on behalf of Sharman, et al., appellees;
    Michael J. Rutenberg, did not file a brief on behalf of Cacciola, appellee;
    David J. Griffith, did not file a brief on behalf of Bensalem Township, appellee.

      Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Order affirmed.


text:
    435 A.2d 933
    Talvacchia, Appellant v. McCormick-Taylor, et al.
    Petition for Allowance of Appeal Denied Nov. 30, 1981.
    Argued December 5, 1980.
    Pershing N. Calabro, for appellant;
    Charles M. Golden, for appellees.
    Before SPAETH, BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    September 4, 1981.
    437 A.2d 1017
    Colona, et ux., Appellants v. Jacob Altai Corp.
    Argued January 20, 1981.
    David N. Brook, for appellants;
    Manuel A. Spigler, for appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Order affirmed.

POPOVICH, J., dissented.


text:
    437 A.2d 1017
    Commonwealth v. Barnes, Appellant.
    Petition for Allowance of Appeal Denied Dec. 21, 1981.
    Argued June 11,1980.
    J. Wesley Oler, Jr., Public Defender, for appellant;
    Edgar B. Bayley, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

CAVANAUGH, J., files a memorandum dissenting statement.


text:
    437 A.2d 1017
    Commonwealth v. Billig, Appellant.
    Petition for Allowance of Appeal Denied Dec. 3, 1981.
    Argued December 1, 1980.
    Donald C. Marino, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1018
    Commonwealth, Appellant v. Campbell.
    Submitted December 8, 1978.
    Peter F. Schenck, Deputy District Attorney, for Commonwealth, appellant;
    James A. Downey, III, for appellee.
    Before CERCONE, P. J., and HESTER and HOFFMAN, JJ.
   The order of the lower court is affirmed.

HESTER, J. filed a memorandum dissenting opinion.


text:
    437 A.2d 1018
    Commonwealth v. Cianto, Appellant.
    Submitted June 13, 1980.
    Frank J. Marcone, for appellant;
    Frank T. Hazel, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1018
    Commonwealth v. Devore, Appellant.
    Argued September 11, 1980.
    Gary P. Heslin, for appellant;
    Sarah Van den Braak, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and VAN der VOORT, JJ.
   The judgment of sentence of the lower court is affirmed.


text:
    437 A.2d 1019
    Commonwealth v. Johnson, Appellant.
    Submitted December 5, 1980.
    John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant;
    Gaele McLaughlin Bart-hold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, SHERTZ and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1019
    Commonwealth v. Jones, Appellant.
    Petition for Allowance of Appeal Denied March 26, 1982.
    Submitted September 11, 1980.
    James J. Phelan, Jr., for appellant;
    Sarah B. Van den Braak, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1019
    Commonwealth v. Lee, Appellant.
    Submitted April 30, 1981.
    Raymond H. Bogaty, for appellant;
    Samuel J. Orr, IV, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    437 A.2d 1020
    Commonwealth, Appellant v. Edward Malley. Commonwealth, Appellant v. Karen Malley a/k/a Karen Petrosky.
    Argued May 1, 1981.
    Morrison F. Lewis, Jr., Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellant;
    Jon C. Botula, for appellees.
    Before POPOVICH, MONTGOMERY and HOFFMAN, JJ.
   Order affirmed.


text:
    437 A.2d 1020
    Commonwealth v. Regoli, Appellant.
    Petition for Allowance of Appeal Denied Dec. 4, 1981.
    Petition for Reconsideration Denied Jan. 29, 1982.
    Submitted April 16, 1980.
    Robert Petrosky, for appellant;
    Frederick L. John, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1020
    Commonwealth v. Stine, Appellant.
    Submitted June 13,1980.
    Timothy W. Stine, appellant, in propria persona;
    J. Michael Morrissey, District Attorney, for Commonwealth, appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1020
    Commonwealth v. Teachey, Appellant.
    Argued March 10, 1981.
    Samuel Abloeser, for appellant;
    Sarah Van den Braak, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1021
    Commonwealth ex rel., Crawford v. Holt, Appellant.

      Argued March 3,1981.
    Seymore H. Johnson, Jr., for appellant;
    Sarah B. Van den Braak, Assistant District Attorney, for appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   The order of the lower court is affirmed.


text:
    437 A.2d 1021
    Fairman, etc., et al. v. A. A. Gallagher, et al. Appeal of City of Philadelphia.
    Argued March 19, 1980.
    Gabriel Bevilacqua, for appellant;
    Arnold J. Wolf, for appellees. Before HESTER, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.

LIPEZ, J. concurred in the result.


text:
    437 A.2d 1021
    In the interest of Robert Beamer, a minor. Appeal of Robert Beamer, a minor.
    Argued March 10, 1981.

      Stuart Wilder, Assistant Public Defender, for appellant;
    C. Theodore Fritch, Jr., Assistant District Attorney, for Commonwealth, participating party.
    Before HESTER, DiSALLE and MONTGOMERY, JJ.
   Order affirmed.


text:
    437 A.2d 1021
    Johnson, et al., Appellants v. Ives, et al.
    Argued December 1, 1980.
    Mark M. Wilcox, for appellants;
    Thomas A. Walrath, Sr., for appellees.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1022
    Lauffer v. C. E. L. Trucking, Co., etc., et al. Appeal of C. E. L. Trucking Co., a Pennsylvania Corporation and C. E. Lizza, an individual.
    Submitted November 10, 1980.
    George Shorall, for appellants;
    William J. Ober, for appellee.
    Before HESTER, BROSKY and VAN der VOORT, JJ.
   Judgment affirmed.


text:
    437 A.2d 1022
    Martin v. Martin, Appellant.
    Petition for Allowance of Appeal Denied Nov. 20, 1981.
    Reconsideration Denied Feb. 16, 1982.
    Argued May 27,1981.
    Jacob S. Richman, for appellant;
    Herman Blumenthal, for appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Order of the lower court is affirmed.

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


text:
    437 A.2d 1022
    Mun. Auth. of Bor. of Lemoyne, Appellant v. Reisinger, et al.
    Petition for Allowance of Appeal Granted March 10, 1982.
    Argued December 4, 1980.
    John C. Sullivan, for appellant;
    George F. Douglas, Jr., for Reisinger, et al., appellees;
    F. Murray Bryan, for Black et al., appellees.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1023
    Ruby, et al. v. Hercules Service, Corp., et al., Appellants.
    Argued November 13, 1980.
    R. Kenneth William, for appellants;
    John M. Means, for appellees.
    Before SPAETH, WICKERSHAM and LIPEZ, JJ.
   Order affirmed.


text:
    437 A.2d 1023
    Woratyla v. Woratyla, Appellant.
    Argued April 22, 1981.
    Joel S. Luber, for appellant;
    Pasco L. Schiavo, for appellee.
    Before WICKERSHAM, MONTEMURO and WATKINS, JJ.
   Orders affirmed.


text:
    September 11, 1981.
    437 A.2d 1023
    Commonwealth v. Brown, Jr., Appellant.

      Submitted April 13, 1981.
    Sydney W. Paul, for appellant;
    Thomas W. Piccione, Assistant District Attorney, for Commonwealth, appellee.
    Before CAVANAUGH, JOHNSON and SHERTZ, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1023
    Commonwealth v. Gray, Appellant.
    Submitted April 8, 1981.
    Richard B. Moore, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1024
    Commonwealth v. Johnson, Appellant.
    Submitted May 27, 1981.
    Joseph J. Yeager, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, BECK and McEWEN, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1024
    Commonwealth v. Lucas, Appellant.
    Submitted September 8, 1980.
    Ronald Segal, for appellant;
    Lee M. Kaplan, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1024
    Commonwealth v. Martin, Appellant.
    Submitted December 5, 1980.
    John J. Cerra, for appellant;
    Ernest Preate, Jr., District Attorney, for Commonwealth, appellee.

      Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The order of the lower court is hereby affirmed on the well-reasoned opinion of Kosik, P. J., of the Lackawanna County, Court of Common Pleas.


text:
    437 A.2d 1025
    Commonwealth v. Owens, Appellant.
    Petition for Allowance of Appeal Denied Jan. 11, 1982.
    Argued September 10, 1980.
    Leonard L. Ettinger, for appellant;
    Sarah Van den Braak, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1025
    Commonwealth v. Patton, Appellant.
    Petition for Allowance of Appeal Denied Feb. 15, 1982.
    Submitted May 22, 1981.
    John H. Corbett, Jr., for appellant;
    Kemal A. Mericli, Assistant District Attorney, for Commonwealth, appellee.

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


text:
    437 A.2d 1025
    Commonwealth v. Frank Pettigrew a/k/a Bo Pimp, Appellant.
    Petition for Allowance of Appeal Denied Jan. 29, 1982.
    Submitted May 22, 1981.
    David G. Metinko, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1025
    Commonwealth v. Pryor, Appellant.
    Submitted November 14, 1980.
    Donald Calaiaro, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and POPOVICH, JJ.
   Judgment of sentence affirmed.

SPAETH, J., concurred in the result.


text:
    437 A.2d 1026
    Commonwealth v. Raffensberger, Jr., Appellant.
    Petition for Allowance of Appeal Denied Dec. 18, 1981.
    Submitted December 8, 1978.
    Thomas G. Klingensmith, Assistant Public Defender for appellant;
    Ronald L. Buckwalter, District Attorney, for Commonwealth, appellee.
    Before PRICE, SPAETH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1026
    Commonwealth v. Secondini, Jr., Appellant.
    Submitted May 21, 1981.
    Thomas P. Ruane, Jr., for appellant;
    Gerald R. Solomon, District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Orders affirmed.


text:
    437 A.2d 1026
    Commonwealth v. Singleton, Appellant.
    Argued September 11, 1980.
    Joseph T. Kelley, Jr., for appellant;
    Cynthia H. Severinsen, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    437 A.2d 1027
    Commonwealth v. Smith, Appellant.
    Petition for Allowance of Appeal Denied Jan. 15, 1982.
    Submitted March 3, 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:
    437 A.2d 1027
    Commonwealth v. Wilder, Appellant.
    Argued June 2, 1981.
    Barbara F. Sarkin, for appellant;
    Maureen A. Brennan, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, MONTEMURO and SHERTZ, JJ.
   The judgment of sentence of the court below is hereby affirmed.


text:
    437 A.2d 1027
    Commonwealth, Appellant v. Wright.
    Argued January 13, 1981.
    Stella L. Smetanka, Assistant District Attorney, for Commonwealth, appellant;
    David G. Metinko, for appellee.
    Before SPAETH, SHERTZ and MONTGOMERY, JJ.
   Order affirmed.


text:
    437 A.2d 1027
    Perloff Brothers, Inc. v. Celotex, Corp., Appellant. Perloff Brothers, Inc., Appellant v. Celotex, Corp.
    Petition for Allowance of Appeal Denied Dec. 17, 1981.
    Argued June 11, 1980.
    Christopher K. Walters, for appellant (at Nos. 2377 and 2378) and appellee (at Nos. 2453 and 2454);
    Howard J. Kaufman, for appellant (at Nos. 2453 and 2454) and appellee (at Nos. 2377 and 2378).
    Before BROSKY, WATKINS and CIRILLO, JJ.

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

   Judgment affirmed.


text:
    437 A.2d 1028
    Smith v. Smith, Appellant.
    Argued November 12, 1980.
    Lee C. McCandless, for appellant;
    Lee A. Montgomery, for appellee.
    Before CAVANAUGH, WATKINS and HOFFMAN, JJ.
   Order affirmed.


text:
    September 18, 1981.
    437 A.2d 1028
    Commonwealth v. Carter, Appellant.
    Argued May 28, 1981.
    Gwanita G. Hester, Assistant Public Defender, for appellant;
    Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, McEWEN and WIEAND, JJ.
   Judgment of sentence affirmed.

WIEAND, J. concurred in the result.


text:
    437 A.2d 1028
    Commonwealth v. Fisher, Appellant.
    Argued February 2, 1981.
    Stephen P. Ell-wood, for appellant;
    Adam Bavolack, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Order of the lower court affirmed.


text:
    437 A.2d 1029
    Commonwealth v. Perrigen, Appellant.
    Submitted December 5, 1980.
    Robert Pappano, Assistant Public Defender, for appellant;
    David E. Fritchey, Assistant District Attorney, for Commonwealth, appellee. "
    Before CAVANAUGH, DiSALLE and MONTEMURO, JJ.
   The judgment of sentence of the court below is hereby affirmed.


text:
    437 A.2d 1029
    Commonwealth v. Tenner a/k/a Campbell, Appellant.
    Submitted December 5, 1980.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, JOHNSON, and POPOVICH, JJ.
   The judgment of sentence is affirmed.


text:
    437 A.2d 1029
    Commonwealth v. Young, Appellant.
    Submitted February 2,1981.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Gaele McLaughlin Bart-hold, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1030
    Goss, Jr. v. Goss, Appellant.
    Argued February 2, 1981.
    Charles A. Schneider, for appellant;
    Kenneth C. Myers, submitted a brief on behalf of appellee.
    Before WICKERSHAM, POPOVICH and WATKINS, JJ.
   Order affirmed.


text:
    September 25, 1981.
    437 A.2d 1030
    Commonwealth v. Andreassi, Appellant.
    Submitted March 17, 1981.
    John J. Morgan, for appellant;
    David A. Hepting, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTEMURO, JJ.
   Judgment of sentence affirmed.

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


text:
    437 A.2d 1030
    Commonwealth v. Bertoty, Appellant.
    Argued September 9, 1980.
    John Charles Webb, Jr., for appellant;
    Alan Sacks, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    437 A.2d 1030
    Commonwealth v. Cook, Appellant.
    Submitted January 20, 1981.
    William D. Moyer, Jr., for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1031
    Commonwealth v. Crawford, Appellant.
    Submitted March 2, 1981.
    Daniel-Paul Alva, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J. and WICKERSHAM and BRÓ-SKY, JJ.
   Order affirmed.

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


text:
    437 A.2d 1031
    Commonwealth v. Diaz, Appellant.
    Submitted March 4, 1981.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Michael H. Ranck, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1031
    Commonwealth v. Duffy, Appellant.
    Submitted May 22, 1981.
    Richard S. Levine, for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before HESTER, DiSALLE and POPOVICH, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1032
    Commonwealth v. Dumas, Appellant.
    Submitted April 16, 1980.
    John H. Corbett, Jr., for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    BEfore PRICE, BROSKY and MONTGOMERY, JJ.
   Judgment of sentence affirmed.

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


text:
    437 A.2d 1032
    Commonwealth v. Garrett, Appellant.
    Petition for Allowance of Appeal Denied Dec. 14, 1981.
    Submitted April 16, 1980.
    John H. Corbett, Jr., for appellant;
    Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.
    Before PRICE, BROSKY and MONTGOMERY, JJ.
   Order affirmed.

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


text:
    437 A.2d 1032
    Commonwealth v. Homsher, Appellant.
    Submitted March 21, 1980.
    Stanley Bashman, for appellant;
    Ronald L. Buckwalter, District Attorney, for Commonwealth, appellee.
    Before SPAETH, BROSKY and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1032
    Commonwealth v. Kelly, Appellant.
    Submitted March 4, 1981.
    Stanley M. Vasiliadis, for appellant; James J. Narlesky, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1033
    Commonwealth, Appellant v. Martz.

      Submitted December 6, 1977.
    Charles M. Guthrie, Jr., Assistant District Attorney, for Commonwealth, appellant;
    Lynn Erickson Stock, for appellee.
    Before WATKINS, P. J., and JACOBS, HOFFMAN, CER-CONE, PRICE, VAN der VOORT and SPAETH, JJ.
   The order of the lower court is hereby affirmed.

WATKINS, P. J., and JACOBS, HOFFMAN and PRICE, JJ., did not participate in the consideration or decision of this case.


text:
    437 A.2d 1033
    Commonwealth v. Pabon, Appellant.
    Petition for Allowance of Appeal Denied Jan. 11, 1982.
    Submitted March 2, 1981.
    George T. Guarnieri, for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Order affirmed.

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


text:
    437 A.2d 1033
    Commonwealth v. Pezzulo, Appellant.
    Submitted February 17, 1981.
    Michael A. Klimpl, for appellant;
    Michael Kane, District Attorney, for Commonwealth, appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   Judgment of sentence of the court below is hereby affirmed.

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


text:
    437 A.2d 1034
    Commonwealth v. Plummer, Appellant.
    Submitted February 18, 1981.
    James Edward Mugford, Sr., for appellant;
    Gaele McLaughlin Barthold, Assistant District Attorney, for Commonwealth, appellee.
    Before PRICE, MÓNTEMURO and VAN der VOORT, JJ.
   The judgment of sentence of the court below is hereby affirmed.

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


text:
    437 A.2d 1034
    Commonwealth v. Sims, Appellant.
    Submitted February 24, 1981.
    George A. Heitczman, Assistant Public Defender, for appellant;
    Christopher Spadoni, Assistant District Attorney, for Commonwealth, appellee.
    Before SPAETH, JOHNSON and WIEAND, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1034
    Commonwealth v. Spangler, Appellant.
    Argued March 23, 1981.
    John R. Gailey, Jr., for appellant;
    John C. Uhler, District Attorney, submitted a brief on behalf of 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:
    437 A.2d 1035
    Commonwealth v. Tucci, Appellant.
    Submitted September 11, 1980.
    Lawrence B. Fox, for appellant;
    Anthony S. Blasco, Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1035
    Commonwealth v. Watson, Appellant.
    Argued June 2, 1981.
    Harry L. Clark, for appellant;
    Ann Lebowitz, Assistant District Attorney, for Commonwealth, appellee.
    Before McEWEN, MONTEMURO and SHERTZ, JJ.
   The judgment of sentence of the court below is hereby affirmed.

SHERTZ, J., concurred in the result.


text:
    437 A.2d 1035
    Commonwealth v. Vinelli, Appellant.
    Submitted June 13, 1980.
    Thomas G. Klingensmith, Assistant Public Defender, for appellant;
    Edward F. Browne, Jr., Assistant District Attorney, for Commonwealth, appellee.
    Before BROSKY, HOFFMAN and CIRILLO, JJ.

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

   Judgment of sentence affirmed.


text:
    437 A.2d 1035
    Commonwealth v. Wesley, Appellant.
    Submitted March 3, 1981.
    Bruce S. Miller, Assistant Public Defender, for appellant;
    Chester B. Muroski, District Attorney, for Commonwealth, appellee.
    Before CERCONE, P. J., and WICKERSHAM and BRO-SKY, JJ.
   Judgment of sentence affirmed.


text:
    437 A.2d 1036
    Commonwealth v. Wilson, Appellant.
    Submitted September 11,1980.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ*.
   Order affirmed.


text:
    437 A.2d 1036
    Commonwealth v. Wright, Appellant.
    Petition for Allowance of Appeal Denied Jan. 28, 1982.
    Submitted September 11, 1980.
    Elaine DeMasse, Assistant Public Defender, for appellant;
    Nancy D. Wasser, Assistant District Attorney, for Commonwealth, appellee.
    Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.
   Judgment of sentence affirmed.

HOFFMAN, J. concurred in the result.


text:
    437 A.2d 1036
    Covington, Jr., Appellant v. Covington.
    Argued September 10, 1980.
    Marilyn J. Gelb, for appellant;
    Pershing N. Calabro, for appellee.
    Before BROSKY, WATKINS and MONTGOMERY, JJ.
   Order affirmed.


text:
    440 A.2d 1237
    Hnasko, Appellant v. Sypeck.
    Reargument Denied Feb. 10, 1982.
    Argued December 2, 1980.
    Thomas J. Sharkey, for appellant;
    Neil L. Conway, for appellee.
    Before HESTER, CAVANAUGH and VAN der VOORT, JJ.
   Order affirmed.


text:
    437 A.2d 1037
    Jones v. Jones, Appellant.
    Petition for Allowance of Appeal Denied Dec. 18, 1981.

      Argued September 9, 1981.
    Neil Hurowitz, for appellant;
    Wallace A. Murray, Jr., for appellee.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.


text:
    437 A.2d 1037
    Kaye v. Kaye, Appellant.
    Submitted February 18, 1981.
    D. Patrick Zimmerman, for appellant;
    Kenneth R. Williams, for appellee.
    Before PRICE, MONTEMURO and VAN der VOORT, JJ.
   The order of the court below is hereby affirmed.

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


text:
    437 A.2d 1037
    Maple Lawn Farms v. Ferrelli, Appellants.
    Petition for Allowance of Appeal Denied Jan. 8, 1982.
    Argued March 23, 1981.
    Allen H. Smith, for appellants;
    Peter J. Mangan, for appellee.

      Before PRICE, WIEAND and LIPEZ, JJ.
   Order affirmed.

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


text:
    437 A.2d 1037
    Russo v. Corona, et al., Appellants.
    Submitted May 1, 1981.
    Catherine T. Martin, for appellants;
    Gary N. Altman, for appellee.
    Before CERCONE, P. J., and BROSKY and HOFFMAN, JJ.
   Order affirmed.


text:
    437 A.2d 1038
    Sims, et al., Appellants v. Havis, et al.
    Argued December 2, 1980.
    Allen L. Feingold, for appellants;
    John R. Sparks, Jr., for Havis, et al., appellees,
    Frederick E. Smith, for Crowell, appellee.

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


text:
    437 A.2d 1038
    Urso, Appellants v. O’Brien, M. D., et ux.
    Argued September 9, 1981.
    Charles W. Proctor, III, for appellants;
    Raymond J. Peppelman, for appellees.
    Before SPAETH, POPOVICH and MONTGOMERY, JJ.
   The order of the lower court is hereby affirmed.