COM. v. ONE 1984 Z-28 CAMARO COUPE


134 Pa.Commw. 49 (1990)

577 A.2d 964

COMMONWEALTH of Pennsylvania, Appellant, v. ONE (1) 1984 Z-28 CAMARO COUPE and Cheryl A. Stuck and Kenneth A. Stuck, Jr., Appellees.

Commonwealth Court of Pennsylvania.

Decided July 16, 1990.

Petition for Allowance of Appeal Granted January 11, 1991.


Attorney(s) appearing for the Case

Edward W. Klein, Asst. Dist. Atty., with him, Robert B. Sacavage, Dist. Atty., for appellant.

Peter T. Campana, with him, Marc F. Lovecchio, Campana & Campana, for appellees.

Brian P. Gottlieb, Deputy Atty. Gen., Appeals and Legal Services Section, with him, Letty Kress, Deputy Atty. Gen., Drug Prosecutions Section, Robert A. Graci, Chief Deputy Atty. Gen., Appeals and Legal Services Section, Anthony Sarcione, Executive Deputy Atty. Gen., Director of Criminal Law Div., and Ernest D. Preate, Jr., Atty. Gen., for amicus curiae, Atty. Gen. of Pennsylvania on behalf of the Com. of Pennsylvania.

George S. Leone, Asst. Dist. Atty., with him, Ronald Eisenberg, Chief, Appeals Unit, Gaele McLaughlin Barthold, Deputy Dist. Atty., William G. Chadwick, Jr., First Asst. Dist. Atty., Ronald D. Castille, Dist. Atty., and James P. MacElree, II, President, for amicus curiae, The Pennsylvania Dist. Attys. Ass'n.

Before CRUMLISH, Jr., President Judge, and CRAIG, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.


OPINION

CRUMLISH, Jr., President Judge.

The Commonwealth of Pennsylvania, through the Northumberland County District Attorney's office,1 appeals a Northumberland County Common Pleas Court order directing civil discovery and a jury trial in a controlled substances forfeiture proceeding. We reverse.

Cheryl and Kenneth Stuck, Jr., filed a motion for civil discovery and jury trial following seizure of their 1984 Chevrolet...

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