Legal Opinion

In Re: Return of Personal Property Appeal of: Commonwealth of Pennsylvania, by and through Township of Upper Darby

Commonwealth Court of Pennsylvania

Decided March 22, 2018No. 645 C.D. 2017PublishedCited by 11 opinions

1Opinion of the Court

OPINION BY JUDGE COHN JUBELIRER

The Commonwealth of Pennsylvania, by and through the Township of Upper Darby (the Township), appeals from an Order of the Court of Common Pleas (common pleas) of Delaware County, dated March 16, 2017, which granted the Petition of Appellee (Mr. Ryan) to return personal property that the Township Police Department seized from him. Upon review, we conclude that common pleas erred in granting the Petition and instead should have dismissed it as it is barred by the six-year time limitation contained in Section 5527(b) of the Judicial Code, 42 Pa. C.S. § 5527(b). 1…

2Cases cited8 opinions

  1. Insurance Co. of North America v. CarnahanSupreme Court of Pennsylvania · 1971
  2. Commonwealth v. AllenSupreme Court of Pennsylvania · 2014
  3. Commonwealth v. SetzerSuperior Court of Pennsylvania · 1978
  4. Commonwealth v. MatsingerCommonwealth Court of Pennsylvania · 2013
  5. Commonwealth v. AllenCommonwealth Court of Pennsylvania · 2012

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3Cited by11 opinions

  1. Com. v. Caviness, J.Superior Court of Pennsylvania · 2020
  2. Com. v. Caviness, J.Superior Court of Pennsylvania · 2020
  3. Com. of PA v. R. Berrien, IIICommonwealth Court of Pennsylvania · 2023
  4. Com. of PA v. S.A. Voneida ~ Appeal of: K. VoneidaCommonwealth Court of Pennsylvania · 2020
  5. Com. v. McNulty, J.Superior Court of Pennsylvania · 2023

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