Commonwealth v. One Thousand Two Hundred & Twenty Dollars ($1,220.00) Cash, U.S.

JIULIANTE, Senior Judge.

Eric Cook appeals from the April 1,1999 order of the Court of Common Pleas of Washington County (trial court) granting the Commonwealth’s petition for forfeiture and condemnation of $1,220.00 in cash and a pager as derivative contraband. For the reasons that follow, we reverse the trial court’s order.

On November 18, 1998, the Commonwealth filed a petition for forfeiture and condemnation of $1,220 in cash and a pager seized from Cook on February 7, 1997 and alleged to be derivative contraband. Cook filed an answer to the petition on December 10, 1998, alleging that (1)…