Commonwealth v. Gerard

CAVANAUGH, Judge:

The questions on appeal are whether the substantive and procedural requirements of Pa.R.Crim.P. 51 were met in this case and whether the failure of the summons to contain a certification of disposition pursuant to Pa.R.Crim.P. 58 constitutes a procedural defect under Pa.R.Crim.P. 150.

Appellee Howard J. Gerard appealed to the Common Pleas Court from a summary conviction under the Motor Vehicle Code. The Common Pleas Court dismissed the charges upon a stipulation of facts, holding that the proceedings were not initiated in compliance with the Pennsylvania Rules of Criminal…