Free IN THE COURT OF COMMON PLEAS - Pennsylvania

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA RETURN OF PROPERTY
TO THE PETITIONER: SAVE THIS INFORMATION UNTIL FINAL DISPOSITION OF YOUR PETITION.

1. IT IS YOUR RESPONSIBILITY as a petitioner to file this Petition properly. You will need a copy of the Police Property Receipt, Case Number, Police Photo Number, and case disposition. When your property was seized by the Police Department, a Property Receipt was issued to you. For each property receipt, you must file a separate petition. 2. Your Petition needs to be notarized, and a filing fee of $12.50 (case or money order) must be paid. You should make at least two (2) copies of the Petition. 3. You should file the original Petition and copies in Room 206 of the Criminal Justice Center. The Motions Clerk will list the Petition for a status listing at 9:00 A.M. in courtroom 478 City Hall within thirty (30) days. The District Attorney's Office will investigate the facts of your case. 4. You may represent yourself or you may hire an attorney to represent you at the status listing. An Attorney will not be appointed for you, nor will the hearing be continued for you to get a lawyer. If you fail to appear at the conference listing, your petition will be dismissed and your property forfeited to the Commonwealth. You are the responsible moving party in this petition, so be prepared to move forward. 5. If your Petition is granted by the Judge, you will receive a Short Certificate from the Court Clerk or Trial Commissioner, or you may be sent to Room 206 of the Criminal Justice Center for a Certified Copy of the Order and Petition. 6. With the paperwork, proceed to the Police Evidence Unit in Room 715 of City Hall, where your Property may be returned to you or further instructions will be given to you. The Police Evidence Unit will require proper identification, such as a Driver's License, Birth Certificate, Employment Identification Card, or similar substantial identification. If the property is a vehicle, the storage Fees are stopped at the time of filing.

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IN THE COURT OF COMMON PLEAS
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

PETITIONER'S NAME____________________________________________________________________________ ADDRESS_______________________________________________________________________________________ CITY_______________________________________________STATE_________________ZIP__________________ PHONE NUMBER________________________________________________________________________________

VEHICLE IDENTIFICATION NUMBER______________________________________________________________

COMMONWEALTH OF PENNSYLVANIA EX REL._____________________________

:

CASE NUMBER:___________________

(Name of Party in the Court)

VS. PHILADELPHIA POLICE DEPARTMENT POLICE COMMISSIONER

:

Police Photo#:__________________

:

Motions No:____________________

ORDER AND NOW, to wit, this __________ day of ____________________ , 20_____, upon consideration of the within Petition, it is hereby ORDERED AND DECREED that the property ____________________________________, listed on Property Receipt No.______________________ be returned to the above named Petitioner forthwith. BY THE COURT: _______________________ J.

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COMMONWEALTH OF PENNSYLVANIA EX REL.____________________________ (Name of Party in the Court Case) VS.

: : :

CASE NUMBER:________________

POLICE PHOTO NO.______________

PHILADELPHIA POLICE DEPARTMENT POLICE COMMISSIONER

: : MOTIONS NO.___________________

PETITION FOR RETURN OF PROPERTY

TO THE HONORABLE JUDGE OF THE COURT: Petitioner, _________________________ represents the following: 1. On __________________________, 20________, at the location of _______________________ _____________________, the Philadelphia Police seized_________________________________ __________________________, and placed the property on Property Receipt No. __________________________. 2. The arresting officer was ______________________________________________. Badge No. __________, of the ________________________District. 3. The Philadelphia Police arrested__________________________________________ and charged that person with____________________________________________ 4. 5. 6. The current status of the case___________________________________________ Petitioner is the lawful owner of the seized property. The Petitioner did not give consent to use this property in any illegal activity, nor did the Petitioner have any knowledge of any illegal activity. WHEREFORE, your Petitioner respectfully requests that this Honorable Court orders the return of the Petitioner's seized property. Respectfully Submitted, __________________________________ Petitioner's Signature

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NOTARIZED STATEMENT

_______________________________, being duly sworn according to law, deposes and says (Petitioner's Name)

that the foregoing is true and correct to the best of the Petitioner's knowledge, information, and belief.

_____________________________ Petitioner's Signature

SWORN TO AND SUBSCRIBED BEFORE ME THIS__________ DAY OF _______________________, 20_______.

In so far as Petitioner's property has previously been forfeited to the Commonwealth, apply the Return of Property filing fee for a Motion to Vacate.

___________________________ Trial Commissioner

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