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COM. v. REAL PROPERTY AND IMPROVEMENTS

832 A.2d 396 (2003)

COMMONWEALTH of Pennsylvania, Appellee v. The REAL PROPERTY AND IMPROVEMENTS COMMONLY KNOWN AS 5444 SPRUCE STREET, PHILADELPHIA, PA and Elizabeth A. Lewis, Appellants.

Supreme Court of Pennsylvania.

Decided September 24, 2003.

Attorney(s) appearing for the Case

James Andrew Keller, Nicholas J. Nastasi, Philadelphia, for Elizabeth A. Lewis, Appellant.

Hugh J. Burns, Jonathan M. Levy, Matthew Kent Perks, Philadelphia, for the Com. of PA, Appellee.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

JUSTICE LAMB.

In this appeal we are asked to consider the forfeiture of a house in Philadelphia in light of the United States Supreme Court's holding in United States v. Bajakajian, 524 U.S. 321, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998). For the reasons outlined below, we reverse the order of the Commonwealth Court and remand the case to the trial court to establish the value of the house forfeited.

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