Original jurisdiction in case of Commonwealth of Pennsylvania v. Edward Northey Edwards and Vincent J. Leta.
Wayne L. Dietrich, Assistant Attorney General, with him Paul J. Carey, Jr., Deputy Attorney General, and Israel Packel, Attorney General, for plaintiff.
Bruce A. Grove, Jr., with him Beckley & Grove, for defendant, Leta.
President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson.
[ 14 Pa. Commw. Page 277]
This is an action in assumpsit by the Commonwealth to recover from defendant Edwards the sum of $3,175.80 with interest for his default in transmitting funds collected by him as an alderman and not transmitted to the Commonwealth, and from defendant Leta $1,000.00 for the penal sum of the bond which he executed as surety for the faithful performance of the duties of the office of alderman by defendant Edwards, and for the faithful applying, accounting for and paying over of all money received by defendant Edwards in his official capacity to the parties entitled to the same. Defendant Edwards did not file an answer and judgment was entered against him on November 13, 1973, in the amount of $3,405.65.
Defendant Leta filed an answer denying the allegations of the complaint, demanding proof and containing new matter in which he alleged that his signature on the bond was obtained by fraud, and that the bond was invalid in that he had not personally appeared before a notary public or any public official to sign the bond in his presence.
[ 14 Pa. Commw. Page 278]
Testimony has been taken, requests for findings of fact and conclusions of law have been submitted, briefs have been filed, argument held, and the matter is now before us for disposition.
1. The defendant, Edward Northey Edwards, was commissioned alderman in and for the twelfth Ward of of the City of Williamsport, County of Lycoming, Pennsylvania, for the term of six years, computed from the first Monday of January 1968, and expiring January 6, 1974, as a result of a municipal election held in November 1967.
2. The defendant, Edward Northey Edwards, during his term in office as a duly elected and commissioned alderman, was vested with judicial jurisdiction to receive informations for violations of the Vehicle Code of the Commonwealth of Pennsylvania and to hear and dispose of prosecutions thereof, impose fines, penalties and bail and collect fines, penalties and/or bail forfeitures.
3. The defendant, Edward Northey Edwards, during his term in office, was required to pay over monthly to the plaintiff, the Commonwealth of Pennsylvania, all fines, penalties and/or bail forfeitures imposed and ...