Friday, March 7, 2008

Superior Court 3/7/08 - APPEAL OF: LEXINGTON NATIONAL INSURANCE CORPORATION

COMMONWEALTH OF PENNSYLVANIA v. LEVAR RILEYAPPEAL OF: LEXINGTON NATIONAL INSURANCE CORPORATION
No. 2186 WDA 2006 and 394 WDA 2007 2008 PA Super 33 Atlantic: n/a Filed: 3/7/2008
Appeal from the Order entered October 5, 2006In the Court of Common Pleas of Blair CountyCriminal No. 2005 CR 1741
Before: MUSMANNO, ORIE MELVIN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Lexington National Insurance Corporation, appeals from an order entered in the Blair County Court of Common Pleas forfeiting $25,000 of a surety bond posted on behalf of Levar Andrew Riley. Because we find that the Commonwealth was not prejudiced by Riley’s breach of the bail conditions and accordingly that the forfeiture was not warranted, we reverse and remand.

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