Commonwealth v. One 1991 Cadillac Seville

In Commonwealth v. One 1991 Cadillac Seville, 853 A.2d 1093 (Pa. Cmwlth. 2004), Linda Fisher (Fisher) filed a motion to vacate the forfeiture of her vehicle, claiming that she did not receive proper notice of the forfeiture proceeding. At a hearing before the trial court, the Commonwealth introduced evidence that the forfeiture petition was sent to the residence from which the property was seized and that Fisher shared the residence with her brother. The Commonwealth further showed that Fisher's brother received and signed for the forfeiture petition. The trial court concluded that such constituted proper notice under the Act. On appeal, this court recognized that the Act sets forth specific, exclusive and mandatory procedures for providing notice of a forfeiture, 42 Pa. C.S. 6802(b).