Judges Opinions Public Notices, — October 20, 2021 7:37 — 0 Comments

Public Notices, October 20, 2021

Volume 59, No. 12

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

ORPHANS’ COURT DIVISION NOTICES

CHANGE OF NAME

 

TABLE OF CONTENTS

Commonwealth of Pennsylvania v. Robert Allen Eckerman, Jr.

 

NOTICE IS HEREBY GIVEN that Letters Testamentary or of Administration have been granted in the following estates. All persons indebted to the said estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors named.

 

FIRST PUBLICATION

 

ESTATE OF JOHN S. SWEIGARTlate of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Joseph Sweigart, Executor

241 Avenue of the Americas, Apt 10E

New York, NY 10014

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF YVONNE J. BAREIS, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Kevin M. Richards, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF JAMES WEST a/k/a JAMES A. WEST a/k/a JAMES ALLEN WEST, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Melissa Carruthers, Executrix

 

Candis A. Tunilo, Esquire

Nestico Druby, P.C.

1135 East Chocolate Avenue

Suite 300

Hershey, PA 17033

 

ESTATE OF JOHN C. ZIMMERMAN, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Jeremiah J. Zimmerman, Executor

5 Beckley’s Corner

Lebanon, PA 17042

 

Thomas S. Long, Esquire

Long Brightbill

315 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ROBERT E. KISCADDEN, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrixes.

 

Linda L. Progin, Executrix

 

Diana L. Hromco, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF HARRY C. JAMES a/k/a HARRY CRAIG JAMES, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Elizabeth Jane Jonovich, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF ESTATE OF NANCY MARIE GABNER, late of East Hanover Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Lisa M. Reigel, Administrator

5928 York Rd.

Spring Grove, PA 17362

 

Bret M. Wiest, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ESTATE OF JEAN F. COOL, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Timothy J. San Martin, Administrator

2108 Leinbaugh Ave.

Lebanon, PA 17042

 

Scott L. Grenoble, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF LUCILLE J. ZETTLEMOYER, late of Swatara Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Sharon P. Tyson, Co-Executor

 

Timothy L. Tyson, Co-Executor

 

Joel A. Ready, Esquire

Cornerstone Law Firm, LLC

8500 Allentown Pike, Suite 3

Blandon, PA 19510

 

ESTATE OF ESTATE OF ROY M. WEIDNER a/k/a ROY MICHAEL WEIDNER, late of 570 Charles Street, South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Sonia R. Weidner, Administratrix

 

Andrew S. George, Esquire

Kozloff Stoudt Attorneys

2640 Westview Drive

Wyomissing, PA 19610

 

ESTATE OF RENE LYN WEDDELL a/k/a RENE L. WEDDELL, late of Swatara Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrixes.

 

Lucy Houle, Co-Executrix

 

Natalie Houle, Co-Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF LARRY R. SHOLLY, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Patricia A. Sholly, Administrator

P.O. Box 4

Richland, PA 17087

 

John D. Enck, Esquire

Spitler, Kilgore & Enck, PC

522 South 8th Street

Lebanon, PA 17042

Attorney

 

SECOND PUBLICATION

 

ESTATE OF HOWARD K. VASSALLO, late of Myerstown Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

John M. Zimmerman, Administrator

 

Caleb J. Zimmerman, Esquire

Zimmerman Law Office

466 Jonestown Road

Jonestown, PA 17038

 

ESTATE OF MADELINE A. CHORNEY, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased August 21, 2021. Letters Testamentary have been granted to the undersigned Executor.

 

Mr. Michael J. Chorney, Executor

1931 Wexford Road

Palmyra, PA 17078

 

Bradford Dorrance, Esquire

Keefer Wood Allen & Rahal, LLP

417 Walnut Street, 3rd Floor, Rear

  1. O. Box 11963

Harrisburg, PA 17108-1963

 

 

ESTATE OF ANITA J. RISSER, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Bonita S. Golla, Co-Executor

 

Robert L. Bomgardner, Co-Executor

 

Gerald J. Brinser, Esquire

P.O. Box 323

Palmyra, PA 17078

 

ESTATE OF LESTER N. BERGER, JR., late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Michael A. Berger, Executor

237 S. Market Street

Schaefferstown, PA 17088

 

Thomas S. Long, Esquire

Long Brightbill

315 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF BARBARA A. MILLER a/k/a BARBARA ANN MILLER, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Kathy D. Venning, Executrix

1424 Hillpoint Circle

Sinking Spring, PA 19608

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF STANLEY R. CORBIN, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Nora Eileen Drust, Executor

17801 Lake Road

Lakewood, OH 44107

 

Stephanie E. Murphy, Esquire

108 W. Main St., P.O. Box 330

Annville, PA 17003

 

ESTATE OF RONALD BETZ, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Tammy Knight, Administrator

544 W. Walnut Street

Cleona, PA 17042

 

  1. Chadwick Schnee, Esquire

108 W. Main St., P.O. Box 330

Annville, PA 17003

 

ESTATE OF LINDA LAUER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Cory Lauer, Administrator

52 N. Lancaster Street

Annville, PA 17003

 

  1. Chadwick Schnee, Esquire

108 W. Main St., P.O. Box 330

Annville, PA 17003

 

ESTATE OF CAMILLE S. TYLDEN, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Michelle S. Hazel, Executor

5406 Blantyre Road

Broad Run, VA 20137

 

Stephanie E. Murphy, Esquire

108 W. Main St., P.O. Box 330

Annville, PA 17003

 

ESTATE OF MELVIN A. RITTEL a/k/a MELVIN AMMON RITTEL, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrators.

 

Jamie H. Rittel, Administrator

322 Reigerts Ln.

Annville, PA 17003

 

Joey A. Rittel, Administrator

1141 Alpha Ave.

Lebanon, PA 17046

 

Michael M. Rittel, Administrator

1450 North State Route 934

Annville, PA 17003

 

  1. Chadwick Schnee, Esquire

108 W. Main St., P.O. Box 330

Annville, PA 17003

 

ESTATE OF CHING L. STODDART, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Co-Administrators.

 

Treasure Stoddart, Co-Administrator

 

Treavor B. Stoddart, Co-Administrator

 

Ching B. Stoddart, Co-Administrator

 

Stephen D. W. Miller, Esquire, CELA

Miller Law Firm PC

718 Poplar Street, Suite 1

Lebanon, PA 17042

 

ESTATE OF KATHY J. RHOADS, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrators.

 

Dustin J. Rhoads, Administrator

1897 Walnut Street

Lebanon, PA 17042

 

Barbara J. Wolfe, Administrator

2202 Baltimore Pike

Gettysburg, PA 17325

 

Donna Long Brightbill, Esquire

Long Brightbill

315 South Eighth Street

Lebanon, PA 17042

 

THIRD PUBLICATION

 

ESTATE OF RUTH ANNA SEIBERT, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased February 27, 2021. Letters Testamentary have been granted to the undersigned Executor.

 

Jean D. Seibert, Executor

 

Jean D. Seibert, Esquire

Caldwell & Kearns, PC

3631 N. Front St.

Harrisburg, PA 17110

 

ESTATE OF JASON C. MORRIS, late of Myerstown Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Brijana N. Morris, Administratrix

 

Katherine L. McDonald, Esquire

Dethlefs-Pykosh Law Group, LLC

2132 Market Street

Camp Hill, PA 17011

(717) 975-9446

 

ESTATE OF MILDRED W. WEIDMAN, late of Myerstown Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Franklin L. Weidman, Executor

366 West Washington Avenue

Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

 

 

ORPHANS’ COURT DIVISION NOTICES

 

Court of Common Pleas of Lebanon County

 

Notice is hereby given that the following accounts in decedents estates, Guardianships and trusts

have been filed in the Office of the Register of Wills and Clerk of Orphans’ Court of Lebanon

County, and that the same will be presented to the Court of Common Pleas-Orphans’ Court

Division of said County for Confirmation NISI on

 

Monday, November 1, 2021

At 10:00 A.M.

in Courtroom No. 1, Municipal Building, City of Lebanon

 

LIST OF ACCOUNTS WITH PROPOSED SCHEDULE OF DISTRIBUTION FILED BY

EXECUTORS OR ADMINISTRATORS

 

  1. Brooks, Lorna K., dec’d, George H. Brooks, Jr., Exr., Frederick S. Wolfson, Atty.

 

All of the afore said accounts and statements of Proposed Distribution will be confirmed

ABSOLUTELY as of course by the said Orphans’ Court except those to which exemptions

are filed within twenty (20) days after the same are confirmed NISI.

 

Brian Craig

REGISTER OF WILLS AND CLERK OF ORPHANS’ COURT

LEBANON COUNTY, PENNSYLVANIA

 

 

CHANGE OF NAME

 

NOTICE IS HEREBY GIVEN that on the 30th day of September, 2021, the Petition of Shree Devi Subba was filed to Lebanon County docket no. 2021-01139 requesting a decree to allow a change of name. Petitioner requests her name be changed to Shreeya Subba Rai. The Court has fixed the 2nd day of November, 2021, at 11:00 A.M. in Courtroom 4 of the Lebanon County Courthouse, located at 400 South 8th Street, Lebanon, Pennsylvania, as the time and place for the hearing of said Petition, when and where all persons interested may appear and show cause, if any they have, why the prayer of the said Petitioner should not be granted.

 

Shree D. Subba

43 Oxford Rd.

Annville , PA 17003

(267-212-6484)

 

 

 

 

 

 

 

 

 

JUDGES OPINION

 

Commonwealth of Pennsylvania v. Robert Allen Eckerman, Jr.

 

Criminal Action-Law-Summary Traffic Citation-Appeal Nunc Pro Tunc-Commercial Driver’s License-Right to Appeal-Sufficiency of Advisement

 

On June 1, 2020, Robert Allen Eckerman, Jr., (“Defendant”) was cited for the summary offense of Accidents Involving Damage to Unattended Vehicle or Property pursuant to 75 Pa.C.S. § 3745(a) for allegedly failing to stop after striking and damaging a telephone poll while operating a tractor trailer.  After paying the fine relating to that citation, Defendant learned from his employer that his Commercial Driver’s License had been suspended.  Defendant subsequently filed a Petition to File Summary Appeal Nunc Pro Tunc.

 

  1. An appeal nunc pro tunc is intended as a remedy to vindicate the right to an appeal where that right has been lost due to extraordinary circumstances.

 

  1. A defendant seeking leave to file an appeal nunc pro tunc from a summary conviction has the burden of demonstrating: (1) the delay in filing was caused by extraordinary circumstances involving fraud, a breakdown in the judicial system or a negligent act of a court official that resulted in injury to the defendant; and (2) the defendant acted promptly to seek such relief upon learning of the existence of grounds for relief.

 

  1. If the record shows that a defendant was not advised of the right to appeal, it may be appropriate to permit leave to file an appeal nunc pro tunc.

 

  1. If a district court or its staff provides incorrect or inaccurate information to a defendant, the same could warrant the allowance of an untimely appeal.

 

  1. A district court is not required to advise a defendant that his or her driver’s license may be impacted by entry of a guilty plea to a traffic violation.

 

  1. Pa.R.Crim.P. Rule 462(A) provides that in a summary criminal case a defendant may file an appeal for a trial de novo following the entry of a guilty plea.

 

  1. Pa.R.Crim.P. Rule 403(B)(6) provides that a citation for a summary offense must include information stating that the defendant may appeal any conviction or guilty plea for a trial de novo within thirty (30) days.

 

  1. Defendant has carried his burden warranting allowance of an appeal nunc pro tunc where Defendant was not advised properly of his right to appeal for a trial de novo under Rule 403(B)(6) where the citation mailed to Defendant said nothing about his right to appeal, the summons for the summary case traffic form mailed to Defendant did not advise Defendant that he could appeal from the entry of a guilty plea and payment of a fine and Defendant filed his request to appeal nunc pro tunc on August 26, 2020, or the same month that he learned of his right to appeal in August of 2020.

 

L.C.C.C.P. No. CP-38-SA-57-2020, Opinion by John C. Tylwalk, President Judge, October 22, 2020.

 

 

 

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

COMMONWEALTH OF PENNSYLVANIA          :           NO.  CP-38-SA-57-2020

:

  1. :

:

ROBERT ALLEN ECKERMAN, JR.                                   :

 

ORDER OF COURT

 

AND NOW, this 22nd day of October, 2020, upon consideration of Defendant’s Petition to File Summary Appeal Nunc Pro Tunc, the evidence adduced at the hearing conducted on September 28, 2020, and the Briefs submitted by the parties, it is hereby Ordered that said Petition is GRANTED.  Defendant is advised that he is granted leave to file a Notice of Appeal from the Adjudication entered against him by Magisterial District Judge Carl Garver in this matter on June 18, 2020 within thirty (30) days of entry of this Order.

BY THE COURT:

 

                                                                        ____________________________, P.J.

                                                                        JOHN C. TYLWALK

 

JCT/jah

 

Cc:  Benjamin Baker, Esquire/Assistant District Attorney

       Anthony T. McBeth, Esquire/4705 Duke Street/Harrisburg, PA  17109

       Leslie Fillak/Court Administration

       Judith Huber, Esquire/Law Clerk

 

 

 

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

COMMONWEALTH OF PENNSYLVANIA          :           NO.  CP-38-SA-57-2020

:

  1. :

:

ROBERT ALLEN ECKERMAN, JR.                                   :

 

APPEARANCES:

 

BENJAMIN D. BAKER, ESQUIRE                                  FOR THE COMMONWEALTH

ASSISTANT DISTRICT ATTORNEY

 

ANTHONY T. MCBETH, ESQUIRE                    FOR ROBERT ALLEN ECKERMAN, JR.

 

OPINION, TYLWALK, P.J., OCTOBER 22, 2020.

 

On June 1, 2020, Defendant was cited for the summary offense of Accidents Involving Damage to Unattended Vehicle or Property[1] for allegedly failing to stop after striking and causing damage to a telephone poll while operating a tractor-trailer at the intersection of Mount Wilson Road and Mine Road in South Londonderry Township, Lebanon County.  After receiving the citation and summons in the mail, Defendant called the office of the issuing authority, Magisterial District Judge Carl Garver (“MDJ”), and mailed the payment for the fine to that office.   He did not file an appeal to the Court of Common Pleas.  After learning that his Commercial Driver’s License (“CDL”) was suspended, he filed a Petition to File Summary Appeal Nunc Pro Tunc.  We conducted a hearing on the Petition on September 28, 2020,[2] both parties have filed post-hearing Briefs, and the matter is now before us for resolution.

At the hearing, Defendant testified that he is a resident of Michigan and has been a driver for Schneider Trucking out of Green Bay, Wisconsin for seventeen years.  On June 1, 2020, he was in Lebanon County to make two deliveries of construction materials.  He had never been in the area before and was using his employer’s directions and an Atlas to travel to his destinations.  He was driving a truck with a full semi-sleeper cab and an attached fifty-foot trailer.  He estimated the rig to be seventy or more feet long with a clearance of thirteen feet and six inches.

Defendant explained that after he had made his first delivery, he was traveling on some narrow backroads to get to his second destination.  He explained that he made a right-hand turn and was under the impression that he had properly cleared the intersection because he did not notice anything in his mirror.  After he had traveled approximately one mile down the road, he was pulled over by a Game Warden who informed him that he had hit a telephone pole when he was making the right-hand turn.  He explained that he was shocked and that he would have remained at the scene if he had known that he had struck the pole with his trailer.  A second officer, Officer Jared Zimmerman of the South Londonderry Township Police, arrived at the scene and advised Defendant that he would receive a citation in the mail.  Defendant testified that when he asked Officer Zimmerman about the amount of the fine, Officer Zimmerman responded that he did not know the amount, but advised that a citation is like a parking ticket and was “nonreportable” in Pennsylvania. Defendant did not recall Officer Zimmerman saying anything about his right to a hearing or his right to appeal an adverse verdict.

Defendant subsequently received a package containing the citation and the accident exchange sheet which directed him to contact the MDJ’s office.    He explained that he did not know that he could appeal if he pled guilty to the citation.  Defendant called the MDJ’s office and was advised that the fine was $433.00.  He mailed that sum to the MDJ’s office and the record indicates that the payment was received and an Adjudication was entered on June 18, 2020.

Two months later, his employer pulled him off the road because his Michigan Commercial Driver’s License (“CDL”) had been suspended as a result of the citation.  Defendant called the MDJ’s office again.  Defendant testified that it was not until he made this second call to the MDJ’s office two months after he had paid the fine that he was informed that he had the right to appeal even if he had paid the ticket.

Officer Zimmerman also testified at the hearing.  Officer Zimmerman did not recall informing Defendant that the citation was like a parking ticket, but did not dispute that he may have made such a reference. When he saw that Defendant was from Michigan, Officer Zimmerman did advise him that different states have different traffic rules.  He explained that this violation was a summary offense, as opposed to a criminal charge, in Pennsylvania.  At the hearing, he explained that “not reportable” is a PennDot classification and refers to whether a police officer is required to prepare a report.  If an incident is reportable, such as when a death or injury occurs, an officer is required to prepare a PennDot crash report.

Denise Clay, an employee of MDJ Garver’s office, also testified at the hearing.  She explained that if a citation for a summary offense is not issued at the scene of an incident, a summons and a copy of the citation are mailed to the defendant’s address.  The summons for a summary offense explains the defendant’s rights and appellate rights.  (Exhibit “1”)  When a defendant calls the office, she always tells them that they can plead guilty or not guilty.

Clay spoke with Defendant the first time he called the MDJ’s office.  She could not recall their exact conversation but believed that she and Defendant only discussed his fine.  She knew that he called back a second time and spoke with another employee when he was checking to see whether his payment had been received.

An appeal nunc pro tunc is intended as a remedy to vindicate the right to an appeal where that right has been lost due to certain extraordinary circumstances.  Commonwealth v. Williams, 893 A.2d 147, 150 (Pa. Super. 2006).  A defendant seeking leave to appeal nunc pro tunc from a summary conviction has the burden of demonstrating that (1) the delay in filing was caused by extraordinary circumstances involving fraud, a breakdown in the judicial system, or a negligent act of a court official that resulted in injury to the defendant, and (2) that upon learning of the existence of the grounds for relief, the defendant acted promptly to seek such relief.  Commonwealth v. Yohe, 641 A.2d 1210 (Pa. Super. 1994).  If the record shows that the defendant was not advised of his right to appeal, it may be appropriate to permit leave to file an appeal nunc pro tunc.  IdA district justice advising a defendant of their right to appeal is material to this analysis.  Commonwealth v. Jarema, 590 A.2d 310, 312 (Pa. Super. 1991).  If a district court or its staff provides incorrect or inaccurate information to a defendant, that act could warrant the allowance of an untimely appeal.  Commonwealth v. Bassion, 568 A.2d 1316, 1319 (Pa. Super. 1990).

A guilty plea to a summary offense before a district justice does not preclude the right to a trial de novo in the court of common pleas and a defendant may file an appeal for a trial de novo even though he has paid a fine and pled guilty at the MDJ level.  Commonwealth v. Toner, 663 A.2d 202 (Pa. Super. 1995).  Pa.R.Crim.P. 462 provides:

Rule 462. Trial De Novo

(A) When a defendant appeals after the entry of a guilty plea or a conviction by an issuing authority in any summary proceeding, upon the filing of the transcript and other papers by the issuing authority, the case shall be heard de novo by the judge of the Court of Common Pleas sitting without a jury.

 

Pa.R.Crim.P. 462(A) (emphasis added).  The Comment to Rule 462 explains that “[t]his rule was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea.  Pa.R.Crim.P. 462 – Comment.  Rule 403(B)(6) requires that a citation must include information stating that the defendant may appeal any conviction or guilty plea within 30 days for a trial de novo.  Pa.R.Crim.P. 403(B)(6).  We believe that that this information was not properly conveyed to Defendant in this action.

The Citation mailed to Defendant provided information regarding the effect of a summary conviction or guilty plea on the status of the defendant’s driver’s license but said nothing regarding his or her right to appeal. (Exhibit “1”)  The Accident Exchange Sheet received by Defendant likewise contained no information regarding the right to appeal. (Exhibit “2”)  The Summons for Summary Case Traffic form mailed to Defendant provided “if you are found guilty by the Magisterial District Judge and wish to appeal, you have thirty (30) days to request a trial de novo in the Court of Common Pleas.”  (Exhibit “C-1”)  The form does not indicate that an individual may appeal from the entry of a guilty plea and payment of a fine as required by Rule 403.  Thus, Defendant was not properly apprised of his right to appeal to this Court for a trial de novo in this case as the notice on the summons was incomplete as to his particular circumstances.

The Commonwealth argues that Defendant’s true purpose in pursuing an appeal lies in the fact that his CDL license was suspended due to this charge.  We recognize that a district justice is not required to advise a defendant that his driver’s license may be impacted by his entry of a guilty plea to a traffic violation.  Commonwealth v. Englert, 457 A.2d 121 (Pa. Super. 1983).  While his CDL  suspension may have been a precipitating factor for Defendant to request the restoration of his appellate rights, we do not believe his motivation can justify our ignoring the fact that he was not properly apprised of his right to appeal.[3]  We believe this was a sufficient breakdown in the judicial system to warrant our allowing Defendant to proceed with his appeal nunc pro tunc.

Defendant testified at the hearing on September 28, 2020 that he was not told by the MDJ employees of his right to appeal his guilty plea once he paid his fine until he called in August of 2020.  The summons he received did not provide him with complete information regarding the right to appeal.  Once Defendant learned that he could have filed an appeal, we believe he acted promptly in pursuing his rights.  The receipt from MDJ Garver’s office indicates that the fine was paid on June 18, 2020.  Defendant would have learned of his right to appeal two months later during his phone call to MDJ Garver’s office in August 2020.  The Petition was filed soon thereafter on August 26, 2020.

For these reasons, we will grant Defendant’s Petition to pursue an appeal nunc pro tunc.  We will therefore grant him leave to file a notice of appeal within thirty (30) days of the entry of this Order.

 

 

 

 

 

 

 

 

[1] 75 Pa.C.S.A. §3745(a).

[2] Defendant appeared at the hearing via videoconference from his home in Michigan.

[3] In Commonwealth v. Yohe, supra, the defendant sought the right to appeal from a summary traffic conviction nunc pro tunc after he learned that his license had been suspended.  The appellate court vacated the trial court’s Order granting the petition and remanded, commenting that the defendant should have been required to prove that he was not notified of his conviction or informed of his right to appeal for a de novo hearing.

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