Commonwealth v. Bernotas

BECK, Judge:

The issue in this case is whether the service of notice rule applicable to summary proceedings, Pa.R.Crim.P. 80, or the general criminal service of notice rule, Pa.R.Crim.P. 9023, is applicable where the appellant appeals to the court of common pleas for a trial de novo from an adverse order before a district justice.

We hold that the applicable rule is the general criminal service rule. We therefore reverse the trial court which found that appellant was properly served where service was effectuated in accordance with the summary proceeding service rule.

On March 15, 1988, appellant…