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COMMONWEALTH PENNSYLVANIA v. RHODERIC L. SEYMOUR (10/17/88)

decided: October 17, 1988.

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
RHODERIC L. SEYMOUR, JR., THE ESTATE OF LOIS SEYMOUR AND JAIMIE R. EBERSOLE, RESPONDENTS



Original Jurisdiction in the case of Commonwealth of Pennsylvania v. Rhoderic L. Seymour, Jr., The Estate of Lois Seymour and Jaimie R. Ebersole.

COUNSEL

Richard W. Sponseller, Deputy Attorney General, with him, Robert A. Graci, Chief Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for petitioner.

Janis M. Rozelle, with her, Harry M. Ness, for respondent, The Estate of Lois Seymour.

William C. Costopoulos, Kollas, Costopoulos, Foster & Fields, for respondent, Jaimie R. Ebersole.

President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Narick, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. This decision was reached prior to the resignation of Judge MacPhail.

Author: Crumlish

[ 120 Pa. Commw. Page 424]

The Commonwealth has filed a petition to divest property and restrict future activities*fn1 of respondents Rhoderic L. Seymour, Jr., the estate of Lois Seymour and Jaimie R. Ebersole. The respondents have moved for judgment on the pleadings.

Rhoderic Seymour and Ebersole, former coin shop proprietors, were convicted in 1982 and 1983, respectively

[ 120 Pa. Commw. Page 425]

    of receiving stolen property. Lois Seymour who also held an interest in the coin shop business, was never charged with any criminal violations and has since died. On April 3, 1985, acting upon search warrants, York County law enforcement officers seized property consisting of precious metals and stones, coins, jewelry and other items held by the respondents in several safe deposit boxes and wall safes. York County police transferred the property to the Attorney General's office as evidence in a statewide grand jury investigation. According to the Commonwealth's petition, the respondents engaged in racketeering activity in the years 1979 to 1982, in which numerous burglaries were committed and from which they received the stolen property at issue here.

In November 1986, Ebersole and Lois Seymour's estate petitioned the York County Common Pleas Court for return of the property,*fn2 which, after granting several continuances to facilitate negotiations, released a portion. In 1987, Ebersole resumed negotiations to obtain the release of the remaining property. The parties agreed that the Commonwealth would file the instant divestment petition, which we are now asked to rule upon.

A motion for judgment on the pleadings may only be granted where no material facts are at issue and the law is so clear that a trial would be fruitless. All facts properly pleaded by the non-moving party are to be accepted as true. Beardell v. Western Wayne School District, 91 Pa. Commonwealth Ct. 348, 496 A.2d 1373 (1985).

Respondents contend that based on the two-year limitation period provided in Section 5524(5) of the Judicial Code,*fn3 the ...


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