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NONA DAVIS v. COMMONWEALTH PENNSYLVANIA (08/08/89)

decided: August 8, 1989.

NONA DAVIS, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from Common Pleas Court, Cambria County, Honorable Thomas A. Swope, Jr., Judge.

COUNSEL

Nona Davis, Cresson, Pa., pro se.

James A. Nelson, Chief Deputy, Timothy P. Creany, Dist. Atty., Ebensburg, for Cambria County, Sandertown Borough, for appellee.

Crumlish, Jr., President Judge, Colins, J., and Narick, Senior Judge.

Author: Narick

[ 127 Pa. Commw. Page 476]

Nona Davis (Appellant) has appealed from an order of the Court of Common Pleas of Cambria County which found her guilty of violating Ordinance No. 71-2 of the Borough of Sankertown (Borough) and imposed a $25 fine plus costs. We reverse.

The facts as found by the trial court may be summarized as follows. On June 6, 1983, Appellant was advised by the Borough police chief that she was in violation of Ordinance No. 71-2 for having on her property an unlicensed, uncovered

[ 127 Pa. Commw. Page 4771936]

Plymouth automobile which was in need of repair. She was informed that she had ninety-six hours in which to remove the vehicle. On June 11, 1983, when the police chief ascertained that the vehicle had not been removed, he issued a citation to Appellant.

A hearing was held on August 4, 1983 before a district magistrate, who found Appellant guilty and imposed a $25 fine plus costs of prosecution. Appellant filed a timely appeal and a hearing was held in common pleas court on September 27, 1983. The presiding judge upheld the conviction. It was later determined that Appellant had not received notice of the September 27, 1983 hearing and the case was ultimately re-tried on February 7, 1989 with Appellant present. The trial judge again upheld the conviction, resulting in this appeal.

Ordinance No. 71-2, which Appellant was found to have violated reads, in relevant part, as follows:

SECTION 1. No person shall place or store, within the limits of the Borough of Sankertown, any abandoned, junked or wrecked motor vehicle or motor vehicles which are not currently licensed. Any motor vehicle so placed or stored is hereby declared to be a public nuisance, and detrimental to the health, safety and welfare of the citizens of the Borough, and in violation of this Ordinance.

SECTION 2. It shall be the duty of the Police of the Borough to enforce the provisions of this Ordinance. The Police Officers shall attach to the motor vehicles which are in violation of this Ordinance, a notice that such vehicles are in violation of this Ordinance and ...


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