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STOUT MOTOR VEHICLE OPERATOR LICENSE CASE. (09/13/62)

September 13, 1962

STOUT MOTOR VEHICLE OPERATOR LICENSE CASE.


Appeal, No. 131, Oct. T., 1962, from order of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1961, No. 2657, in case of Commonwealth of Pennsylvania v. George C.C. Stout. Order affirmed.

COUNSEL

Michael A. Foley, with him George T. Steeley, for appellant.

Elmer T. Bolla, Deputy Attorney General, with him David Stahl, Attorney General, for Commonwealth, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 199 Pa. Super. Page 184]

OPINION BY ERVIN, J.

This is an appeal by George C.C. Stout from an order of suspension of his license to operate a motor vehicle. The Secretary of Revenue suspended the license for a period of five months, after hearing, in accordance with § 618(e) of The Vehicle Code of 1959, P.L. 58, 75 PS § 618(e), which is as follows: "The secretary is hereby authorized after a hearing before the secretary or his representative, or upon failure of the said person to appear at such hearing, to suspend the operator's license or learner's permit of any person licensed in this Commonwealth, upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this Commonwealth, would be grounds for the suspension or revocation of the license of an operator." An appeal was taken by the appellant to the Court of Common Pleas No. 5 of Philadelphia County and, after hearing, that court dismissed the appeal and sustained the order of suspension as entered by the Secretary of Revenue.

Counsel for appellant first argues that the notice of conviction was improperly admitted into evidence by the court below. This contention is made because the magistrate's report contained no signature of a New Jersey official. The document was a printed form which contained the following: "NEW JERSEY DIVISION OF MOTOR VEHICLES MAGISTRATE'S REPORT - DISPOSITION OF TRAFFIC VIOLATION". It contains information which indicates that George Stout of 1617 Filbert Street, Philadelphia, Pennsylvania, was arrested by State Policeman G.W. Dix on October 16, 1960 at 10:17 a.m. on U.S. Route 322 in the Township of Hamilton, for operating a motor vehicle at 62 miles per hour in a 50

[ 199 Pa. Super. Page 185]

    miles per hour zone. It further gives the date of birth of George Stout as 11-92 and his driver license number as 4770461, Pa. It further indicates that he was driving a passenger type vehicle and that the Pennsylvania registration number was 756FH. It gives the summons number of A318112 and indicates that there was a plea of guilty on December 9, 1960 and a fine of $11.00 paid. It gives the name of the court as Hamilton Township and the name of the judge as Milton J. Schusler, and the post office address is Mays Landing, New Jersey, Atlantic County. The document was not signed by any New Jersey state officer except that the name of the judge was typewritten thereon.

It is true that in the case of Com. v. Gross, 193 Pa. Superior Ct. 46, 49, 163 A.2d 682, it was said by Judge WOODSIDE: "It is not necessary that each of the forms be signed. It is sufficient that the letter which refers to the other documents contains the signature of the New Jersey official."

In Witsch Motor Vehicle Operator License Case, 194 Pa. Superior Ct. 384, 387, 168 A.2d 772, Judge WOODSIDE, speaking for our Court, said: "At the hearing, the Commonwealth introduced into evidence, as an exhibit, the notice of conviction which it had received. This exhibit consisted of two printed forms, one an arrest report by a policeman and the other a conviction report by a magistrate. These documents indicate that John Frederick Witsch, of 1209 Wakefield Road, Doylestown, Pennsylvania, was arrested for speeding at 65 miles per hour in a 45 mile per hour speed limit zone at 4:55 A.M. on December 10, 1959, at a specific location in the State of Delaware, and that he pleaded guilty before Magistrate Frank J. Corello, Jr. and was fined $35, which he paid along with $4.50 costs. The one document was designated by its printed form as a Traffic Arrest Report, Delaware Memorial Bridge Police. The other document indicates that it

[ 199 Pa. Super. Page 186]

    is a report designed to be made to the Motor Vehicle Commission, Dover, Delaware, by the court (in this case a magistrate), and is identifiable as the disposition of the particular arrest by the corresponding number with the arrest report, the name and address of the person arrested, the arresting officer and the trial date. These two papers are stamped on the back 'Received Dec. 15, 1959, Driv. Imp. Div.'

"The two documents constitute sufficient 'notice of the conviction of [the appellee] in another state of an offense therein, which, if committed in this Commonwealth, would be grounds for suspension.' It is an official notice in that it is the report of the ...


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