No. 35 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lackawanna County, Criminal Division, No. 357, 1979.
W. Boyd Hughes, Scranton, for appellant.
Ernest D. Preate, Jr., District Attorney, submitted a brief on behalf of Commonwealth, appellee.
Price, Wickersham and Lipez, JJ.
[ 287 Pa. Super. Page 453]
In a proceeding before a magistrate, appellant was convicted of violating sections 606.1, 607.1, 614.41 and 614.2 of the BOCA Code of the City of Scranton, and section 319.02 of the Codified Ordinances of the City of Scranton. On de novo appeal to common pleas court, appellant was again found guilty of violating these ordinances, and fined $200. In this appeal from that judgment of sentence, appellant raises the following issues:
I. Did the lower court err by finding Appellant guilty of a criminal summary offense when the state enabling statute authorizes the municipality to impose only a fine for such violation?
II. Did the lower court err by finding Appellant guilty of a summary offense where the city ordinance provides for the imposition of a fine only?
III. Did the Commonwealth prove beyond a reasonable doubt that the Appellant had violated ordinances of the City of Scranton with criminal intent?
[ 287 Pa. Super. Page 454]
Section 762 of the Judicial Code provides in pertinent part:
(a) General Rule. -- Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of ...