Section 831.5 - Proceedings for condemnation and forfeiture(1) The proceedings for the forfeiture or condemnation of all vehicles, the sale of which is provided for herein, shall be in rem, in which the Commonwealth shall be the plaintiff and the vehicle the defendant. A petition shall be filed in the court of quarter sessions of the peace verified by oath or affirmation of any officer or citizen containing the following: (a) a description of the vehicle so seized; (b) a statement of the time and place where seized; (c) the owner, if known; (d) the person or persons in possession, if known; (e) an allegation that same had been used to store, possess or transport narcotics or drugs, the possession or transportation of which is in violation of a law of the Commonwealth, (f) and a prayer for an order of forfeiture that the same be adjudged forfeited to the Commonwealth and condemned and be ordered sold according to law, unless cause be shown to the contrary. (2) A copy of said petition shall be served personally on said owner if he can be found within the jurisdiction of the court, or upon the person or persons in possession at the time of the seizure thereof. Said copy shall have endorsed thereon a notice as follows: "To the Claimant of within Described Property:
"You are required to file an answer to this petition, setting forth your title in, and right to possession of, said vehicle within fifteen (15) days from the service hereof, and you are also notified that if you fail to file said answer a decree of forfeiture and condemnation will be entered against said vehicle".
Said notice shall be signed by the district attorney.
(3) If the owner of said vehicle is unknown or outside the jurisdiction of the court and there was no person in possession of said vehicle when seized or such person so in possession can not be found within the jurisdiction of the court, notice of said petition shall be given by the sheriff by an advertisement in a newspaper of general circulation published in the county where such vehicle shall have been seized, once a week for three (3) successive weeks. Said notice shall contain a statement of the seizure of said vehicle with a description thereof, the place and date of seizure, and shall direct any claimants thereof to file a claim therefor on or before a date given in said notice, which date shall not be less than twenty-one (21) days from the date of the first publication.(4) Upon the filing of any claim for said vehicle, setting forth a right of possession thereof, the case shall be deemed at issue and a time be fixed for the hearing thereof.(5) At the time of said hearing, if the Commonwealth shall produce evidence that the vehicle in question was unlawfully used, the burden shall be upon the claimant to show (a) that he is the owner of said vehicle or the holder of a chattel mortgage or contract of conditional sale thereon; (b) that he lawfully acquired the same; (c) that it was not unlawfully used or possessed by him, and (d) in the event that it shall appear that the vehicle was unlawfully used by a person other than the claimant, then such claimant shall show that such unlawful use was without his knowledge or consent.(6) Any person claiming the ownership of, or right of possession to, or claiming to be the holder of a chattel mortgage or contract of conditional sale upon, any such vehicle, the disposition of which is provided for herein may at any time prior to the sale thereof present his petition to the court alleging his lawful ownership thereof or right of possession thereto or his lien thereon or reservation of title thereto, and if, upon public hearing thereon, due notice of which having been given to the district attorney, such claimant shall prove by competent evidence to the satisfaction of the court that said vehicle was lawfully acquired, possessed and used by him or if, it appearing that the vehicle was unlawfully used by a person other than the claimant, he shall prove that such unlawful use was without his knowledge or consent, then the court may order the same returned or delivered to said claimant; otherwise it shall be sold as hereinabove provided.(7) Unless either the Commonwealth or the claimant shall demand a jury trial within five (5) days after the conclusion of the hearing the right to such jury trial shall be deemed to have been waived.1941, July 3, P.L. 263, § 5.