Commonwealth v. All That Certain Lot or Parcel of Land Located at 605 University Drive

Summary

The Supreme Court of Pennsylvania held that the Pennsylvania Rules of Civil Procedure apply to Controlled Substances Forfeiture Act proceedings when they do not conflict with the Act. It further held that summary judgment is available in such forfeiture proceedings and reversed the Commonwealth Court, reinstating the trial court’s summary judgment forfeiting the property to the Commonwealth.

Holdings

1. The Pennsylvania Rules of Civil Procedure apply to forfeiture proceedings when the Controlled Substances Forfeiture Act does not address the procedural issue and the Rules do not conflict with the Act.
2. Summary judgment under Pennsylvania Rule of Civil Procedure 1035.2 is available in a forfeiture proceeding when there is no genuine issue of material fact.
3. Section 6802(i) requires the court to set a hearing time when a property owner files a claim asserting a right to possession, but it does not require the court to conduct an evidentiary hearing in every case.

Questions Presented

1. Whether the Pennsylvania Rules of Civil Procedure apply to forfeiture proceedings under the Controlled Substances Forfeiture Act when the Act does not address a procedural issue.
2. Whether Pennsylvania Rule of Civil Procedure 1035.2 permits summary judgment in a forfeiture proceeding when no genuine issue of material fact exists.
3. Whether 42 Pa.C.S. § 6802(i) requires an evidentiary hearing in every forfeiture case after a claimant files an answer asserting a right to possession.

Disposition

reversed