Commonwealth v. Hinerman

CHERRY, S.J.,

Defendant has sought reversal of conviction upon a citation by reason of the fact, as alleged, a private complaint should have been filed as required by Pa.R.C.P. 51. *135We axe satisfied that his appeal must be sustained on the procedural requirements. This because of the decision made in the case of Commonwealth v. Hatfield, 307 Pa. Super. 454, 458, 453 A.2d 671 (1982). Rule 51 requires that a summary proceeding be instituted by the filing of a private complaint and not by filing of a citation in instances when the police officer has not witnessed the violation, nor made an…