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COMMONWEALTH v. KREADY (02/02/73)

decided: February 2, 1973.

COMMONWEALTH
v.
KREADY, JR.



Appeal from the Order of the Court of Common Pleas of Lancaster County, in case of Commonwealth of Pennsylvania v. B. Frank Kready, Jr., a/k/a Frank Kready, No. 42 Trust Book, page 135.

COUNSEL

Stuart A. Liner, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

No appearance for appellee.

Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 7 Pa. Commw. Page 449]

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Lancaster County directing the Secretary of DOT to revoke his suspension of the motor vehicle privileges of B. Frank Kready, Jr. (Kready). This suspension was Kready's second on similar grounds. A third interim suspension of Kready's motor vehicle privileges arising out of another unappealed case is not involved in the case presently before this Court.

A short summary of the facts is necessary for an understanding of disposition of this case. On July 16, 1967, Kready was involved in an automobile accident in Lancaster County which ultimately resulted in the filing of a "confessed judgment" in the amount of $92.82 in the Court of Common Pleas of Lancaster County. The Prothonotary of that county forwarded a certification of judgment to the Secretary of DOT, who thereafter on February 28, 1968, mailed a notice of suspension of the motor vehicle privileges of Kready under the provisions of Section 1413 of The Vehicle

[ 7 Pa. Commw. Page 450]

Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. ยง 1413. This first suspension was to become effective March 11, 1968.

The second suspension came about as a result of an accident in which Kready was involved in Luzerne County on January 4, 1965, which culminated in a judgment being entered on the dockets of the Court of Common Pleas of Luzerne County in the amount of $427.25 on November 14, 1969. The Prothonotary of that county forwarded to the Secretary of DOT a certification of judgment, whereupon on March 24, 1970, the Secretary of DOT filed a second notice of suspension under Section 1413 of The Vehicle Code. A second notice of suspension was mailed March 24, 1970. Although there is nothing in the record as to the specific dates upon which Kready received notices of these two suspensions, the allegations of his petition admit receipt of same.

Another fact important to an understanding of this case is that on March 9, 1969, Kready was convicted in the Criminal Division of the Court of Common Pleas of Lancaster County for a violation of The Vehicle Code, to-wit, driving while under suspension. As a result of the certification of this conviction, the Secretary of DOT suspended Kready's license for a period of one year. No appeal was taken from this suspension.

The record also shows that Kready did not take an appeal from any of the subject actions until August 30, 1971, some 17 months after the last notification of suspension of his motor vehicle privileges by the Secretary of DOT. Seeking this appeal, Kready filed a Petition for Special Allowance of Supersedeas which the court below recognized, for all practical purposes, was an ...


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