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SCOTTEN APPEAL

No. 3458 C.D. 1983.

89 Pa.Commw. 305 (1985)

Commonwealth of Pennsylvania v. One 1981 Volvo Coupe Manufacturer's No. YV1AX4728B1199644. Joey M. Scotten, Owner, Appellant.

Commonwealth Court of Pennsylvania.

May 16, 1985.

Attorney(s) appearing for the Case

Lawrence Sager, with him, Pamela S. Fisher, Sager & Sager, for appellant.

John J. Burfete, Jr., Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for appellee.

Argued April 9, 1985, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 16, 1985:

Joey Scotten, who owned a 1981 Volvo Coupe automobile, appeals from an order of the Court of Common Pleas of Montgomery County directing the forfeiture of the vehicle under Section 28 of the Controlled Substance, Drug, Device and Cosmetic Act (Act), Act of April 14, 1972, P.L. 233, as amended, 35 P.S. §780-128. Section 28 of the Act provides in part:

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