234 Pa. Code r. 460
Comment:
This rule is derived from former Rule 86(A), (D), (E), (F), (H), and (I).
This rule applies to appeals in all summary proceedings, including appeals from prosecutions for violations of municipal ordinances that provide for the possibility of imprisonment, and default hearings. The narrow holding in City of Easton v. Marra, 326 A.2d 637 (Pa. Super. 1974), is not in conflict, since the record before the court did not indicate that imprisonment was possible under the ordinance there in question.
Subdivision (a) makes clear that in a summary criminal case the defendant may file an appeal for a trial de novo following the entry of a guilty plea.
Appeals from contempt adjudications are governed by Rule 141.
See Rule 461 for the procedures for executing a sentence of imprisonment when there is a stay.
"Entry," as used in this rule, means the date on which the issuing authority enters or records the guilty plea, the conviction, or other order in the magisterial district judge computer system.
When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 456, the matter must be heard de novo by the appropriate judge of the court of common pleas and only those issues arising from the default hearing are to be considered. It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules.
In electronically transmitted parking violation cases, because there is no original citation, the issuing authority would file the summons with the clerk of courts pursuant to subdivision (d)(3).
Rule 462(D) provides for the dismissal of an appeal when the defendant fails to appear for the trial de novo.
See Rule 462(F) regarding the retention of a case at the court of common pleas when a petition to file an appeal nunc pro tunc has been denied.
Certiorari was abolished by the Criminal Rules in 1973 pursuant to Article V Schedule Section 26 of the Constitution of Pennsylvania, which specifically empowers the Supreme Court of Pennsylvania to do so by rule. This Schedule section is still viable, and the substance of this Schedule section has also been included in the Judicial Code, 42 Pa.C.S. § 934. The abolition of certiorari continues with this rule.
For dismissal upon satisfaction or by agreement in summary cases, as defined in Rule 103, that have been appealed to the court of common pleas, see Rule 463.
234 Pa. Code r. 460