Judges Opinions, — June 15, 2022 14:12 — 0 Comments

Commonwealth of Pennsylvania v. $12,132.00 U.S. Currency

JUDGE’S OPINION

 

Commonwealth of Pennsylvania v. $12,132.00 U.S. Currency

 

Civil Action-Law-Forfeiture of Funds-Criminal Violation-Search of Vehicle-Discovery-Applicability of the Pennsylvania Rules of Civil Procedure

 

The Commonwealth filed a Petition for Forfeiture of funds present in a vehicle operated by Destini Reon Allen (“Allen”) that were seized along with controlled substances during a traffic stop.  The Commonwealth filed Interrogatories and a Request for Production of Documents to which Allen failed to respond.  The Commonwealth filed a Motion to Compel responses to the discovery requests.

 

  1. The Pennsylvania Rules of Civil Procedure are applicable to proceedings in forfeiture where they do not conflict with the Forfeiture of Assets Act, 42 Pa.C.S. § 5803.

 

  1. The Forfeiture of Assets Act permits discovery.

 

  1. Pa.R.C.P. Rule 4003.1(a) permits discovery regarding any matter that is not privileged that is relevant to the subject matter of the pending action.

 

  1. Discovery is liberally allowed.

 

  1. Since the Interrogatories and Request for Production of Documents pertain to matters relevant to the origin of the funds sought to be forfeited and any right of possession claimed by Allen, the discovery requests are appropriate to the issues involved in the matter and warrant response within thirty (30) days.

 

L.C.C.C.P. No. 2020-00753, Opinion by John C. Tylwalk, President Judge, September 23, 2021.

 

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