One 1978 Porsche Coupe v. Commonwealth

Commonwealth Court of Pennsylvania

One 1978 Porsche Coupe v. Commonwealth

452 A.2d 603, 70 Pa. Commw. 81, 1982 Pa. Commw. LEXIS 1702

CourtCommonwealth Court of Pennsylvania

DecidedNovember 18, 1982

DocketAppeal, No. 1049 C.D. 1981

StatusPublished

Cited by1 cases

This text of 452 A.2d 603 (One 1978 Porsche Coupe v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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One 1978 Porsche Coupe v. Commonwealth, 452 A.2d 603, 70 Pa. Commw. 81, 1982 Pa. Commw. LEXIS 1702 (Pa. Ct. App. 1982).

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Opinion

Opinion by

President Judge Crumlish, Jr.,

The Montgomery County Common Pleas Court ordered the forfeiture of a 1978 Porsche Coupe. We affirm.

[82]*82Steven Setzman, President of Total Data Services, Inc., the titleholder of ,the Porsche, was arrested and charged with possession with intent to deliver a controlled substance in violation of The Controlled Substance Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, as amended, 35 P.S. §780-101. Setzman, while sitting in the Porsche, sold $2,300 worth of cocaine to undercover agents and the car was seized under the provisions of Section 780-128 of the Act, 35 P.S. §780-128 (b). The Commonwealth subsequently petitioned for the forfeiture of the Porsche under Section 780-128(a) (4).

We affirm on the basis of the able opinion of Judge Smillie, with one modification, Pa. D. & C.3rd (1981). We conclude that the certified transcript of' Setzman’s Gagnon II hearing, wherein he admitted that the substance in his possession was cocaine, was admissible under the provisions of 42 Pa. C. S. §6106.

The Commonwealth’s burden in a forfeiture proceeding is proof by a preponderance of the evidence. Commonwealth v. Myers, Pa. Superior Ct. , n. 5, 444 A.2d 1170, 1175 n. 5 (1982). The Commonwealth has met that burden.

Affirmed.

Order

The order of the Bucks County Common Pleas Court, Misc. Docket No. 415 July Term 1980 ordering the forfeiture of One 1978 Porsche Coupe, is affirmed and the Porsche is hereby ordered forfeited to the Commonwealth.

Amending Order

Now, November 22, 1982, the Order of this Court dated November 18, 1982, is hereby amended to read as follows:

[83]*83The order of .the Montgomery County Common Pleas Count, Miso. Docket No. 415 July Term 1980 ordering the forfeiture of One 1978 Porsche Coupe, is affirmed and the Porsche is hereby ordered forfeited to the Commonwealth.

Judge Williams, Jr., dissents. Judge Doyle concurs in .the result only.

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Opinion by

President Judge Crumlish, Jr.,

The Montgomery County Common Pleas Court ordered the forfeiture of a 1978 Porsche Coupe. We affirm.

[82]*82Steven Setzman, President of Total Data Services, Inc., the titleholder of ,the Porsche, was arrested and charged with possession with intent to deliver a controlled substance in violation of The Controlled Substance Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, as amended, 35 P.S. §780-101. Setzman, while sitting in the Porsche, sold $2,300 worth of cocaine to undercover agents and the car was seized under the provisions of Section 780-128 of the Act, 35 P.S. §780-128 (b). The Commonwealth subsequently petitioned for the forfeiture of the Porsche under Section 780-128(a) (4).

We affirm on the basis of the able opinion of Judge Smillie, with one modification, Pa. D. & C.3rd (1981). We conclude that the certified transcript of' Setzman’s Gagnon II hearing, wherein he admitted that the substance in his possession was cocaine, was admissible under the provisions of 42 Pa. C. S. §6106.

The Commonwealth’s burden in a forfeiture proceeding is proof by a preponderance of the evidence. Commonwealth v. Myers, Pa. Superior Ct. , n. 5, 444 A.2d 1170, 1175 n. 5 (1982). The Commonwealth has met that burden.

Affirmed.

Order

The order of the Bucks County Common Pleas Court, Misc. Docket No. 415 July Term 1980 ordering the forfeiture of One 1978 Porsche Coupe, is affirmed and the Porsche is hereby ordered forfeited to the Commonwealth.

Amending Order

Now, November 22, 1982, the Order of this Court dated November 18, 1982, is hereby amended to read as follows:

[83]*83The order of .the Montgomery County Common Pleas Count, Miso. Docket No. 415 July Term 1980 ordering the forfeiture of One 1978 Porsche Coupe, is affirmed and the Porsche is hereby ordered forfeited to the Commonwealth.

Judge Williams, Jr., dissents. Judge Doyle concurs in .the result only.

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452 A.2d 603, 70 Pa. Commw. 81, 1982 Pa. Commw. LEXIS 1702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-1978-porsche-coupe-v-commonwealth-pacommwct-1982.

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