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HomeMy WebLinkAboutCP-21-MD-0000634-2011 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : DAVID F. KELLY BEY : CP-21-MD-0634-2011 IN RE: MEMORANDUM OPINION AND ORDER OF COURT Masland, J., December 17, 2012:-- Before the court is the Petitioner’s Motion for Jail Time Credits filed on August 28, 2012. On August 31, 2012, the court directed the District Attorney “review this motion and separate the wheat from the chaff.” On December 3, 2012, Petitioner filed a Motion to Make Absolute [sic]. On December 10, 2012, the Commonwealth filed a response to Petitioner’s Motion for Jail Time Credit, which included new matter. Our review of the record in this case reveals that there is far more chaff than wheat. As Petitioner knows, the sentence that he is squabbling about involved a speeding violation that resulted in a fine of $119.50 from Magisterial District Judge Vivian Cohick. Because Petitioner failed to pay the fine, Judge Cohick filed a detainer with the Franklin County authorities. Petitioner’s motion to quash the detainer was granted on August 17, 2012 after the Commonwealth failed to respond. With the detainer lifted, Petitioner now seeks credit for jail time even though he was serving consecutive sentences in Franklin County Prison when the detainer was in place. We are reminded of the parable of the persistent widow and the unjust judge found in Chapter 18 of the Gospel of Luke. In that story, the widow’s relentless requests led to the judge’s exasperated exclamation “I don’t fear God CP-21-MD-0634-2011 or care about people, but this woman is driving me crazy. I’m going to see that she gets justice, because she is wearing me out with her constant requests!” (Luke 18:4-5 New Living Translation). Petitioner has been equally relentless in his pursuit of relief (at several dockets). However, unlike the widow, Petitioner has received all the justice to which he is entitled. To the extent that the detainer caused him any discomfort, it did not result in the service of any jail time nor is there a need for any such credit on this speeding violation. The detainer has been removed and nothing further can or will be done by this court no matter how crazy he drives us. We only hope that upon his release from Franklin County Prison at the end of this month, Petitioner drives far away from Cumberland County. Accordingly, we enter the following order. ORDER OF COURT AND NOW, this day of December, 2012, Petitioner’s Motion for DENIED. Jail Time Credits is By the Court, Albert H. Masland, J. Charles J. Volkert, Jr., Esquire Assistant District Attorney David F. Kelly Bey, Pro se 1804 Opportunity Avenue Chambersburg, PA 17201 :sal -2- COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : DAVID F. KELLY BEY : CP-21-MD-0634-2011 ORDER OF COURT AND NOW, this day of December, 2012, Petitioner’s Motion for DENIED. Jail Time Credits is By the Court, Albert H. Masland, J. Charles J. Volkert, Jr., Esquire Assistant District Attorney David F. Kelly Bey, Pro se 1804 Opportunity Avenue Chambersburg, PA 17201 :sal