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COMMONWEALTH PENNSYLVANIA EX REL. JEAN GASIOROWSKI VS EDWARD S. GASIOROWSKI (03/28/80)

SUPERIOR COURT OF PENNSYLVANIA


March 28, 1980

COMMONWEALTH OF PENNSYLVANIA EX REL. JEAN GASIOROWSKI VS EDWARD S. GASIOROWSKI, APPELLANT

No. 2864 October Term, 1978 Appeal from the Order of the Court of Common Pleas of Bucks County, at No. 156 - 1974 - 08.

Before Price, Wieand*fn* And Van Der Voort, JJ. Price, J. files a Concurring Statement.

Per Curiam:

Order affirmed.

Price, J. files a Concurring Statement.

PRICE, J.

I agree that the order should be affirmed. Since I arrive at that conclusion by a different route than the majority, I feel compelled to make this statement.

This appeal was filed on November 24, 1978, from the order of October 27, 1978.*fn1 On December 21, 1978, an order was entered by the trial judge pursuant to Pa.R.A.P. 1925(b) directing appellant to file a concise statement of the matters complained of on appeal. On February 1, 1979, the trial judge filed an opinion noting that as of that date appellant had failed to comply with the order. The record was forwarded to this court on February 6, 1979. On February 9, 1979, appellant filed a document entitled Matters Complained Of On Appeal. I do not consider this compliance with Pa.R.A.P. 1925(b), therefore, in my opinion, appellant failed to comply with the order of December 21, 1978. This is so, in part, because of the requirement of Pa.R.A.P. 1931(a) requiring the record, including opinion, to be transmitted to an appellate court within forty (40) days of the filing of the notice of appeal.



*fn1 I accept the November 24, 1978 filing date but note considerable doubt that the appeal was perfected in a timely fashion. Appellant's counsel, by letter dated November 27, 1978, forwarded the filing fee to the prothonotary's office. Appellee has not filed a motion to quash nor is this issue raised.


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