J-S01016-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: TORREY FREDERICK : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: COMMONWEALTH OF :
PENNSYLVANIA :
:
:
:
: No. 976 MDA 2017
Appeal from the Order Entered June 9, 2017
In the Court of Common Pleas of Centre County Civil Division at No(s):
17-0006
BEFORE: GANTMAN, P.J., MURRAY, J., and MUSMANNO, J.
MEMORANDUM BY MURRAY, J.: FILED FEBRUARY 09, 2018
The Commonwealth appeals from the trial court’s order granting the
petition for return of property filed by Appellee, Torrey Frederick
(“Frederick”). Upon review, we transfer the appeal to the Commonwealth
Court.
On January 31, 2017, Frederick filed a petition for return of property in
which he sought the return of firearms conveyed by gift to him by Hobson
McKown (“McKown”) via a “Bill of Sale” dated May 1, 2014. At the time
McKown conveyed the firearms to Frederick, they were in the possession of
the Centre County Sheriff. McKown is presently prohibited from possessing
or controlling firearms due to his conviction for possessing a firearm without
license, and surrendered the firearms to the Centre County Sheriff following
his arrest for that crime.
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On February 14, 2017, the Commonwealth responded by filing an
answer and new matter “In the Nature of a Petition for Forfeiture and
Condemnation[.]” Answer and New Matter, 2/14/2017. On June 10, 2017,
the trial court granted Frederick’s petition and ordered the Centre County
Sheriff’s Office to transfer the firearms to Frederick.
The Commonwealth appealed to this Court arguing that because
McKown never filed a timely petition for the return of the firearms,
Frederick, standing in McKown’s shoes, waived his right to request the
return of the property. In so arguing, the Commonwealth relies on
Commonwealth v. Allen, 107 A.3d 709 (Pa. 2014), an appeal from a
Commonwealth Court decision involving a motion for return of property.
This matter involves both a petition for return of property (filed by
Frederick) and a petition for forfeiture (filed by the Commonwealth). The
Commonwealth Court has explained that these types of actions, although
“quasi-criminal in character,” are civil proceedings. Commonwealth v.
Allen, 59 A.3d 677, 679 (Pa. Cmwlth. 2012), aff’d but criticized, 107 A.3d
709 (Pa. 2014). As such, this appeal implicates claims within the jurisdiction
of the Commonwealth Court. See In re One 1988 Toyota Corolla (Blue
Two-Door Sedan) Pa. License TPV 291, 675 A.2d 1290, 1296 (Pa.
Cmwlth. 1996) (holding that the Commonwealth Court has the authority to
hear appeals from orders disposing of motions for the return of property);
see also 42 Pa.C.S.A. § 762(a)(1) (stating that the Commonwealth Court
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has jurisdiction over appeals from a civil action commenced by the
Commonwealth).
Notably, the Commonwealth Court has routinely reviewed decisions
involving petitions for the return of property and petitions for forfeiture over
the last twenty-five years. See, e.g., Allen, 59 A.3d at 678;
Commonwealth v. Perez, 941 A.2d 778 (Pa. Cmwlth. 2008);
Commonwealth v. Three Hundred Ten Thousand Twenty Dollars, 894
A.2d 154 (Pa. Cmwlth. 2006); In re One 1988 Toyota, 675 A.2d 1290.
Moreover, as noted above, the case relied upon by the Commonwealth is an
appeal from a Commonwealth Court decision. Accordingly, we transfer this
appeal to the Commonwealth Court. See Pa.R.A.P. 752(a).1
Case transferred to the Commonwealth Court. Jurisdiction
relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 02/09/2018
____________________________________________
1 “The Superior Court and the Commonwealth Court, on their own motion or
on application of any party, may transfer any appeal to the other court for
consideration and decision with any matter pending in such other court
involving the same or related questions of fact, law or discretion.” Pa.R.A.P.
752(a).
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