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COM. v. FUNDS IN MERRILL LYNCH ACCOUNT

937 A.2d 595 (2007)

COMMONWEALTH of Pennsylvania, Appellant v. FUNDS IN MERRILL LYNCH ACCOUNT, Owned by Rennick Peart, etc. Commonwealth of Pennsylvania v. Funds in Merrill Lynch Account, Owned by Rennick Peart, etc. Appeal of Rennick Peart.

Commonwealth Court of Pennsylvania.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Jonathan M. Levy, Philadelphia, for appellant.

Michael B. Tolcott, Philadelphia, for appellee.

BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

The Commonwealth of Pennsylvania (Commonwealth) petitions for review of an order of the Court of Common Pleas of Philadelphia (trial court) which ordered, following remand, that forfeited funds in the amount of $151,211.17, be returned to Rennick Peart (Defendant). Defendant has filed a cross-appeal arguing that the trial court erred in denying him statutory interest of 6% on the wrongfully withheld funds. We affirm.

Defendant...

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