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COMMONWEALTH PENNSYLVANIA v. JACOB A. MITCHNECK (06/11/76)

decided: June 11, 1976.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT,
v.
JACOB A. MITCHNECK, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in case of Commonwealth of Pennsylvania, Department of Transportation v. Jacob A. Mitchneck, No. 4119 of 1975.

COUNSEL

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Sandor Yelen, for appellee.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case.

Author: Mencer

[ 25 Pa. Commw. Page 146]

Jacob A. Mitchneck's motor vehicle operator's license was suspended for 60 days by the Acting Director of the Bureau of Traffic Safety (Acting Director) because his total point accumulation for violations of The Vehicle Code (Code), Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 101 et seq., had reached 11 points and therefore the suspension was mandated by Section 619.1, subsections (i) and (k), of the Code, 75 P.S. § 619.1(i), (k).

This appeal is by the Commonwealth from an order of the Court of Common Pleas of Luzerne County sustaining the appeal of Jacob A. Mitchneck (Mitchneck) from the Acting Director's suspension. At the hearing, the trial court refused to admit into evidence various Commonwealth exhibits which were essential to the Commonwealth's showing an accumulation of 11 points in order to establish a prima facie case for suspension.

The trial court set forth its reasoning as follows:

"In this case, the Commonwealth's certification contains only the typed name of the Acting Director of the Bureau of Traffic Safety :

[ 25 Pa. Commw. Page 147]

'Francis P. Gaffney, Acting Director

Bureau of Traffic Safety'

The testimonial clause recites ...


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