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COM. v. ONE MACK DUMP TRUCK

743 A.2d 542 (1999)

COMMONWEALTH of Pennsylvania v. ONE MACK DUMP TRUCK seized from Harry Woldsmitt (owned by Luis Cruz) listed on Property Receipt No. 2922524. Luis Cruz, Appellant. Commonwealth of Pennsylvania v. One Mack Dump Truck Seized from Melvin Lopez (owned by Luis Cruz) listed on Property Receipt No. 2022521. Luis Cruz, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 30, 1999.

Reargument Denied February 28, 2000.

Attorney(s) appearing for the Case

Herbert R. Weiman, Jr., Philadelphia, for appellant.

Jonathan M. Levy, Philadelphia, for appellee.

Before SMITH, J., LEADBETTER, J., and MIRARCHI, Jr., Senior Judge.

SMITH, Judge.

Luis Cruz appeals from an order of the Court of Common Pleas of Philadelphia County that granted the Commonwealth's motion for summary judgment and ordered two dump trucks forfeited to the Commonwealth that were owned by Cruz and used by employees of his company, Cruz Incorporated, to unlawfully dump construction demolition debris. Cruz questions whether it was proper for the trial court to grant the Commonwealth's petition for forfeiture and to deny...

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