Commonwealth v. Gula, 446 A.2d 938 (Pa. Super. Ct. 1982). · Go Syfert
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Commonwealth v. Gula, 446 A.2d 938 (Pa. Super. Ct. 1982). Cases Citing This Book View Copy Cite
35 citation events across 2 distinct courts.
Strongest positive: Commonwealth v. Toner (pasuperct, 1995-07-27)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Commonwealth v. Toner (2×)
Pa. Super. Ct. · 1995 · confidence medium
"This court has repeatedly held that in an appeal from a summary judgment *35 to the court of common pleas, the judgment of common pleas court should be either `guilty' or `not guilty'." Commonwealth v. Ragoli, 362 Pa.Super. 390, 402 , 524 A.2d 933, 939 (1987); Commonwealth v. Vianello, 337 Pa.Super. 148, 150 , 486 A.2d 525, 526 (1984); Commonwealth v. Morgenthaler, 320 Pa.Super. 120, 122 , 466 A.2d 1091, 1092 (1983); Commonwealth v. Kyle, 307 Pa.Super. 446, 448 , 453 A.2d 668, 669 (1982); Commonwealth v. Gula, 300 Pa.Super. 445, 446 , 446 A.2d 938, 939 (1982); Commonwealth v. Carter, 230 Pa.S…
cited Cited as authority (rule) Commonwealth v. Cunningham
Pa. Super. Ct. · 1988 · confidence medium
Commonwealth v. Gula, 300 Pa.Super. 445, 446 , 446 A.2d 938, 939 (1982); Commonwealth v. Gamarino, 299 Pa.Super. 144, 145 , 445 A.2d 189, 190 (1982).
discussed Cited as authority (rule) Commonwealth v. Ragoli (2×)
Pa. · 1987 · confidence medium
In order words, what we are left with is akin to a ruling by a trial court "dismissing" an appeal by a defendant of a summary conviction entered by a district magistrate where no entry of a finding of guilty or not guilty and the imposition of sentence were ever properly issued in open court and transcribed of record. [7] What we stated in Commonwealth v. Gula, 300 Pa.Super. 445, 446-47 , 446 A.2d 938, 939 (1982) is instructive to us here: This Court has held repeatedly that in an appeal from a summary judgment to the court of common pleas, the judgment of common pleas court should be either "…
cited Cited as authority (rule) Commonwealth v. Morgenthaler
Pa. · 1983 · confidence medium
Commonwealth v. Carter, supra; Commonwealth v. Wenyon, 230 Pa.Superior Ct. 342, 326 A.2d 633 (1974).” (Footnote omitted) Commonwealth v. Gula, 300 Pa.Super. 445, 446-47 , 446 A.2d 938, 939 (1982).
cited Cited as authority (rule) Commonwealth v. Clyde
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Carter, supra; Commonwealth v. Wenyon, 230 Pa.Superior Ct. 342, 326 A.2d 633 (1974).” (Footnote omitted) Commonwealth v. Gula, 300 Pa.Super. 445, 446 , 446 A.2d 938, 939 (1982).
discussed Cited "see, e.g." Commonwealth v. Vianello (2×)
Pa. · 1984 · signal: see also · confidence low
See also Commonwealth v. Gula, 300 Pa.Super. 445 , 446 A.2d 938 (1982) citing Commonwealth v. Carter, 230 Pa.Super. 401 , 326 A.2d 530 (1974).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
John GULA, Jr., Appellant
1603.
Superior Court of Pennsylvania.
Jun 11, 1982.
446 A.2d 938
Stephen P. Ellwood, Pottsville, for appellant., Adam Bavolack, Assistant District Attorney, Pottsville, for Commonwealth, appellee.
Cercone, Wieand, Hoffman.
Cited by 15 opinions  |  Published
CERCONE, President Judge:

This matter is an appeal from the order of the Court of Common Pleas of Schuylkill County dismissing an appeal taken by appellant, John Gula, Jr., from a summary conviction for placing an official certificate of inspection on a vehicle which was allegedly not in compliance with the provisions of the Vehicle Code and the regulation of the Department of Transportation. [1] After a hearing de novo, the lower court entered this order:

AND NOW, this 23rd day of June, 1980, following a hearing on the merits, it is ORDERED AND DECREED that the appeal of the defendant is dismissed.

This Court has held repeatedly that in an appeal from a summary judgment to the court of common pleas, the judgment of common pleas court should be either “guilty” or “not guilty.” As we wrote in Commonwealth v. Carter, 230 Pa. Superior Ct. 401, 403, 326 A.2d 530, 531 (1974):

A judgment affirming the justice of the peace, dismissing the appeal, or sustaining the appeal, is not sufficient and will be reversed. Commonwealth v. Alton, 209 Pa.Super. 168, 224 A.2d 792 (1966); Commonwealth v. Young, 184 Pa.Super. 658, 135 A.2d 774 (1957); Commonwealth v. Miller, 173 Pa.Super. 168, 96 A.2d 153 (1953).

[*447] Furthermore, an order adjudicating guilt must be entered, even though it is implicit in the lower court’s actions and opinion that the court considered the evidence supportive of a finding of guilt. Commonwealth v. Carter, supra; Commonwealth v. Wenyon, 230 Pa. Superior Ct. 342, 326 A.2d 633 (1974). *

Reversed and remanded with direction to the lower court to enter a finding of guilty or not guilty, and if guilty to impose sentence. This court does not retain jurisdiction.

1

. This act, if proved, is a violation of the Vehicle Code, 75 Pa.C.S. § 4727(b).

*

We additionally note that if appellant is ultimately found guilty, he is to be allowed to file post-trial motions in accordance with Pa.R.Crim.P. 1123 and Commonwealth v. Koch, 288 Pa. Superior Ct. 290, 293, 431 A.2d 1052, 1053 (1981). See also, Commonwealth v. Gamarino, 299 Pa. Superior Ct. 143, 445 A.2d 189 (1982).