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PETITION OF KOENIG

444 Pa.Super. 163 (1995)

663 A.2d 725

In re Petition of Ronald KOENIG. Appeal of Ronald KOENIG.

Superior Court of Pennsylvania.

Filed August 8, 1995.

Attorney(s) appearing for the Case

Michael S. Goodwin, New Britain, for appellant.

Theodore Fritch, Jr., Asst. Dist. Atty., Doylestown, for the Com., participating party.

Before ROWLEY, President Judge, and HUDOCK and CERCONE, JJ.

HUDOCK, Judge:

Ronald Koenig (Appellant) appeals from the order of the trial court denying his petition for return of property pursuant to Rule 324 of the Pennsylvania Rules of Criminal Procedure, 42 Pa.C.S.A. We reverse.

The trial court summarized the facts underlying the present dispute as follows:

On April 24, 1994, the New Britain Township police went to the residence of [Appellant] in response to a call from his wife, Sharon Koenig. Mrs. Koenig...

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