COM. v. ONE 1978 LINCOLN MARK V.

No. 31 T.D. 1979 and 30 T.D. 1979.

52 Pa.Commw. 353 (1980)

Commonwealth of Pennsylvania v. One 1978 Lincoln Mark V. Michael Spinelli, Appellant. Commonwealth of Pennsylvania v. One 1978 Lincoln Mark V. Appeal of: Frank Cherry, Appellant.

Commonwealth Court of Pennsylvania.

June 26, 1980.


Attorney(s) appearing for the Case

Frederick W. McBrien, III, Kane, Pugh, Anderson, Subers & McBrien, with him Richard Winters, for appellants.

Carl Vaccaro, Deputy Attorney General, with him John O.J. Shellenberger, Deputy Attorney General, Eastern Regional Director, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued June 2, 1980, before Judges WILKINSON, JR., McaPHAIL and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE WILKINSON, JR., June 26, 1980:

On April 22, 1978 Pennsylvania State Police Officers seized the subject vehicle, a 1978 Lincoln Mark V, having observed its utilization in the transportation of drugs in violation of The Controlled Substance, Drug, Device and Cosmetic Act (Act), Act of April 14, 1972, P.L. 233, as amended, 35 P.S. § 780-101 et seq. On May 4, 1978 a Petition for Forfeiture was filed in the Court of Common Pleas of Philadelphia...

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