Com. of Pa. v. Petito
Decision Date | 17 September 1979 |
Docket Number | Civ. A. No. 79-1970. |
Citation | 476 F. Supp. 384 |
Parties | COMMONWEALTH of PENNSYLVANIA v. Annette PETITO. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Antoinette Serritella, Asst. U.S. Atty., Philadelphia, Pa., for plaintiff.
W. Hamlin Neely, Allentown, Pa., for defendant.
During a November 1974 drug raid the Pennsylvania State Police, executing a search warrant, searched premises leased to and occupied by defendant and seized almost three thousand dollars in United States currency. The Internal Revenue Service (IRS) thereafter issued a levy on the money, which police records designated as the property of one Phillip Arthur Snyder. Defendant, claiming that the funds belonged to her, not Snyder, petitioned the Court of Common Pleas of Lehigh County for return of the money. The court issued a Rule directing the District Attorney of Lehigh County, Snyder and the United States Treasury Department to show cause why the money should not be returned to defendant. One day after service of the Rule the IRS filed a petition for removal to this Court. Defendant now moves to remand so that the state court may determine the rightful ownership of the seized property.
Id. at 384. See also Aqua Bar & Lounge v. United States Department of Treasury, 539 F.2d 935 (3d Cir. 1976). In the case at bar defendant denies a direct attack upon the federal lien,1 but admits that "the validity of the Federal lien may well depend upon...
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...in question — which is the sort of situation that § 2410 was designed to reach. 581 F.2d at 384. See also, Commonwealth of Pennsylvania v. Petito, 476 F.Supp. 384 (E.D.Pa.1979). In this case, the plaintiffs request that the Government be ordered to cease and desist from asserting any owners......
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