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COMMONWEALTH PENNSYLVANIA v. ROSE C. MERCALDE (08/20/87)

filed: August 20, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
ROSE C. MERCALDE, APPELLANT



Appeal from the Order of the Court of Common Pleas, Civil Division, of Allegheny County at No. SA 781 of 1984.

COUNSEL

Rose C. Mercalde, appellant, in propria persona.

Dara A. DeCourcy, Assistant District Attorney, Pittsburgh, for Com., appellee.

Wieand, Kelly and Popovich, JJ. Wieand, J., filed a concurring and dissenting opinion.

Author: Popovich

[ 365 Pa. Super. Page 595]

This is an appeal from the order of the Court of Common Pleas of Allegheny County denying the post-trial motions of the appellant, Rose Mercalde, which, in effect, activated the judgment of sentence suspended pending the disposition of said motions. We reverse.

The record indicates that the appellant appealed the summary conviction and fine imposed by a district justice for harassment to Common Pleas Court. A non-jury trial took place on May 15, 1986. The following day, the trial court mailed to the appellant its order, which reads:

[ 365 Pa. Super. Page 596]

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA vs. Rose Mercald

NO. SA 781 19 84

Order OF COURT

AND NOW, this 16th day of May 19 86, after hearing, the Defendant is adjudged Guilty of the Offense of CC 2709 as charged and is sentenced to [ILLEGIBLE WORD] the Fine and Costs imposed by the Issuing Authority.

YOU HAVE THE RIGHT TO FILE WRITTEN MOTIONS FOR A NEW TRIAL AND IN ARREST OF JUDGMENT WITHIN TEN (10) DAYS IN ACCORDANCE WITH RULE 1123 OF THE ...


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