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COMMONWEALTH PENNSYLVANIA v. HARRY KORN (11/22/83)

decided: November 22, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
HARRY KORN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Harry Korn, No. SA 1282 of 1980.

COUNSEL

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Harry Korn, appellee, for himself.

President Judge Crumlish, Jr., and Judges Williams, Jr., and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 78 Pa. Commw. Page 475]

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas of Allegheny County. The court sustained the appeal of Harry Korn (appellee) from the revocation of his motor vehicle operating privileges for a period of six (6) months.

Mr. Korn was convicted, on July 29, 1980, of driving a motor vehicle while his operating privileges

[ 78 Pa. Commw. Page 476]

    were under suspension. Upon receiving a certified record of the conviction, the Department of Transportation (Department) notified him, by letter dated October 22, 1980, that as a result of the conviction, his driver's license was being revoked for a period of six (6) months.*fn1 The appellee was also advised by this letter of his right to appeal the Department's action within thirty (30) days of the date of the notice.*fn2 On November 10, 1980, Mr. Korn filed, with the prothonotary of the Court of Common Pleas of Allegheny County, the following pro se petition for appeal from the revocation, which was typewritten, notarized, and subscribed with his signature:

Date: November 6, 1980

I am appealing my operators privileges being revoked for a period of six months. I had never received a letter or anything stating that my operating privileges were being suspended. When I was caught driving under suspension my car was over heating real bad. So instead of blocking traffic I went through a red light to get my vehicle off of the road. A policeman had seen me go through the red light and pulled over next to me. I explained to him that my vehicle was over heating and I did not want to block traffic. He then asked me for my drivers license and owners card and went over to his vehicle to call them in. After he called them in he came over to me and told me that I was driving under suspension. He then wrote me two citations, one for going through the red light and the other for driving under suspension. If

[ 78 Pa. Commw. Page 477]

    it wasn't for the police getting me for going through a red light I would never had known my operators ...


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