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

CONCURRING AND DISSENTING OPINION BY

Judge COHN JUBELIRER.

I agree with this Court’s Order remanding this case for a hearing because I be*1059lieve that summary judgment is not available in a proceeding under the Controlled Substances Forfeiture Act (Forfeiture Act), 42 Pa.C.S. §§ 6801-6802. However, I believe the Plurality goes too far when it also broadly declares that the Pennsylvania Rules of Civil Procedure (Rules) do not apply to forfeiture actions and overrules any previous cases in which those Rules were applied. Although the Plurality is correct that a hearing in open court must be held for…