One 1978 Porsche Coupe v. Commonwealth
One 1978 Porsche Coupe v. Commonwealth
Opinion of the Court
Opinion by
The Montgomery County Common Pleas Court ordered the forfeiture of a 1978 Porsche Coupe. We affirm.
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 The 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.