HomeMy WebLinkAboutCP-21-MD-0826-2007
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.:
:
SONY PCV-A21L :
COMPUTER :
CPU SERIAL # 3002365 :
:
SONY PCG-6B1L VIO :
LAPTOP :
SERIAL # 3105470 : NO. CP-21-MD-826 – 2007
:
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J., February , 2008
On October 30, 2007 the Commonwealth filed a petition for forfeiture in
connection with the above computers. This petition was filed some three weeks after we
had issued an order directing the Commonwealth to return the computers to the
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Defendant. That order was entered after an evidentiary hearing on October 9, 2007.
Since the issues of fact and law were identical to those decided in the prior matter, we
denied the Commonwealth’s petition without a hearing.
The Commonwealth has filed timely appeals at both dockets. The issues raised
on appeal are identical in each case. The reasons for our decision directing the
Commonwealth to return the computers are fully set forth in our “Opinion Pursuant to Pa.
R.A.P. 1925” filed at the other docket number. A copy of that opinion is attached hereto
and made a part hereof.
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The owner had filed a petition to return the computers which was docketed at 2091 Civil Term 2005.
NO. CP-21-MD-826-2007
____________________ ________________________
DATE Edward E. Guido, J.
District Attorney
Gregory A. Ebersole
83 Linda Avenue
Lancaster, Pa. 17602
:sld
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