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RICHARD K. SWEELEY (01/15/87)

decided: January 15, 1987.

IN RE: RICHARD K. SWEELEY, CLERK OF COURTS OF CLINTON COUNTY. IN THE MATTER OF AUDIT OF ACCOUNTS OF CLERK OF COURTS FOR JANUARY 2, 1978 TO DECEMBER 4, 1981. RICHARD K. SWEELEY, CLERK OF COURTS OF CLINTON COUNTY AND THE BOARD OF COMMISSIONERS OF CLINTON COUNTY, PETITIONERS


Appeal from the Order of the Department of Revenue, in case of In Re: Richard K. Sweeley, Clerk of Courts of Clinton County, Docket No. RGO-8683.

COUNSEL

Lewis G. Steinberg, for petitioners.

Vincent J. Dopko, Deputy Attorney General, with him, Eugene J. Anastasio, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

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

Author: Colins

[ 103 Pa. Commw. Page 189]

The Department of the Auditor General conducted an audit of the records of Richard K. Sweeley, the Clerk

[ 103 Pa. Commw. Page 190]

    of the Court of Common Pleas of Clinton County (Petitioner) for the period from January 2, 1978, to January 4, 1981. On April 14, 1983, the Department of Revenue mailed a notice of settlement reflecting the findings of this audit, indicating a balance due the Commonwealth of Pennsylvania of $18,809.26. Petitioner filed a Petition for Resettlement with the Department of Revenue, which was subsequently denied. Petitioner petitioned the Board of Finance and Revenue (Board) for review of the matter, which was also denied. This appeal followed.*fn1

Before this Court, Petitioner argues that the Board erred in determining that the Commonwealth, and not Clinton County, was entitled to monies collected by Petitioners from individuals who had either pled guilty or been found guilty of violating various provisions of the Vehicle Code, 75 Pa. C.S. §§ 101-9910. Petitioners further contend that even if the Commonwealth is entitled to this money, it is not entitled to collect the interest which it has assessed as due and owing from fifteen days after the date of settlement.

As regards the first issue, that is, who is entitled to the aforementioned monies, Petitioner relies on Section 1 of the Act of June 19, 1911, P.L. 1055, as amended, formerly 19 P.S. § 1051, repealed by the Act of April 28, 1978, P.L. 202, which provided in pertinent part:

Whenever any person shall be convicted in any court of this Commonwealth of any crime, except murder, administering poison, kidnapping, incest, sodomy, buggery, rape, assault and battery with intent to ravish, arson, robbery, or burglary, and it does not appear to the said court that

[ 103 Pa. Commw. Page 191]

    the defendant has ever before been imprisoned for crime, either in this State or elsewhere (but detention in an institution for juvenile delinquents shall not be considered imprisonment), and where the said court believes that the character of the defendant and the circumstances of the case such that he or she is not likely again to engage in an offensive course of conduct, and that the public good does not demand or require that the defendant should suffer the penalty imposed by law, the said court shall have power to suspend the imposing of the sentence, and place the defendant on probation for a definite period, on such terms and conditions, including the payment of money for the use of the county, not exceeding, however, the fine fixed by law for conviction of such offense, as it may deem right and proper; said terms and conditions to be duly entered of record as a part of the judgment of the court in such case. No such ...


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