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COMMONWEALTH v. COLLINS (04/14/64)

April 14, 1964

COMMONWEALTH
v.
COLLINS, APPELLANT.



Appeal, No. 388, Oct. T., 1963, from judgment of Court of Quarter Sessions of Lancaster County, No. 18, Journal No. 3, in case of Commonwealth of Pennsylvania v. Robert Collins. Judgment affirmed.

COUNSEL

Carl A. Wiker, for appellant.

W. Hensel Brown, Jr., for Commonwealth, and East Lampeter Township, appellee.

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

Author: Ervin

[ 203 Pa. Super. Page 126]

OPINION BY ERVIN, J.

In a summary proceeding before a justice of the peace, the defendant, Robert Collins, was found guilty

[ 203 Pa. Super. Page 127]

    of the following charges: "(1) Installing an on-lot sewage disposal system on property owned by the Defendant in the Township without East Lampeter Township Form No. 2 which becomes a part of East Lampeter Township Permit after percolation tests have been completed and which shows necessary information for the installation of an on-lot sewage disposal system, and

"(2) Installing an on-lot sewage disposal system without percolation tests, and

"(3) Completely covering up his disposal system making an inspection thereof impossible, and

"(4) Installing a part of his disposal system deeper than specified in East Lampeter Township Ordinance No. 4 and than specified by the Commonwealth of Pennsylvania, Department of Health, all in violation of Section 5 of Ordinance No. 4 of East Lampeter Township."

After paying a fine of $25.00 on each charge, plus the costs of prosecution, under protest, the defendant posted bail and appealed to the court below, after allowance of the appeal by the said court. After hearing, the court below found the ...


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