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COM. v. RILEY

No. 2186 WDA 2006. No. 394 WDA 2007.

946 A.2d 696 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Levar RILEY. Appeal of Lexington National Insurance Corporation. Commonwealth of Pennsylvania, Appellee v. Levar Andrew Riley. Appeal of Lexington National Insurance Corporation.

Superior Court of Pennsylvania.

Filed March 7, 2008.

Reargument Denied May 16, 2008.

Attorney(s) appearing for the Case

David B. Cercone, Pittsburgh, for appellant.

Russell Montgomery, Asst. Dist. Atty., Hollidaysburg, for the Com., appellee.

BEFORE: MUSMANNO, ORIE MELVIN and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 Appellant, Lexington National Insurance Corporation, appeals from an order entered in the Blair County Court of Common Pleas forfeiting $25,000 of a surety bond posted on behalf of Levar Andrew Riley. Because we find that the Commonwealth was not prejudiced by Riley's breach of the bail conditions and accordingly that the forfeiture was not warranted, we reverse and remand.

¶ 2 On July 19, 2005, a criminal complaint was...

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