KULBITSKY APPEAL.

No. 3408 C.D. 1986.

112 Pa.Commw. 477 (1988)

536 A.2d 458

In the Matter of: James Paul Kulbitsky, a/k/a Kubi Kulbitsky. Theresa Kulbitsky, Appellant.

Commonwealth Court of Pennsylvania.

January 12, 1988.


Attorney(s) appearing for the Case

Lester Krasno, with him, Michael D. Alsher, Krasno & Krasno, for appellant.

Robert A. Graci, Chief Deputy Attorney General, with him, Richard W. Sponseller, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for appellee.

Submitted on briefs November 19, 1987, to Judges CRAIG and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE CRAIG, January 12, 1988:

Theresa Ann Kulbitsky appeals an order of Judge WILBUR H. RUBRIGHT of the Court of Common Pleas of Schuylkill County denying Ms. Kulbitsky's motion for return of property and granting the request of the Commonwealth of Pennsylvania for forfeiture.

The issues raised by the appellant are: (1) whether, with respect to a motorist killed in a traffic accident, the common pleas court should have applied the statutory "dead...

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