Kulbitsky Appeal

Opinion by

Judge Craig,

Theresa Ann Kulbitsky appeals an order of Judge Wilbur H. Rubright of the Court of Common Pleas of Schuylkill County denying Ms. Kulbitskys motion for return of property and granting the request of the Commonwealth of Pennsylvania for forfeiture.

The issues raised by the appellant are: (1) whether, with respect to a motorist killed in a traffic accident, the common pleas court should have applied the statutory “dead mans rule” of evidence in civil cases to bar testimony in a forfeiture proceeding by state police officers and technicians regarding drugs and money found in…