Commonwealth Pennsylvania v. 502-504 Gordon Street

Appellants Mattia and Marjorie J. Lonardo, husband and wife, appeal from the July 20, 1989 order of the Court of Common Pleas of Lehigh County forfeiting to the Commonwealth property owned by Appellants at 502-504 Gordon Street in the City of Allentown together with all furnishings, equipment and items of personalty found therein, because the bar/restaurant operated on the premises was used or intended to be used to facilitate violations of The Controlled Substance, Drug, Device and Cosmetic Act (Controlled Substance Act). This Court is called upon in this appeal to construe the "innocent owner" defense set forth in 42 Pa.C.S. ?? 6801-6802, commonly known as the Controlled Substance Forfeiture Act (Forfeiture Act). The issues to be decided are whether the Commonwealth met its burden to establish that the seized property was used or intended to be used to facilitate violations of the Controlled Substance Act and, if so, whether Appellants met their burden to establish that the property was unlawfully used by persons other than Appellants without their knowledge or consent.