INSTRUCTIONS FOR FILING PETITION FOR RETURN OF PROPERTY 1) Fill out the attached form. A copy of 16 Del.C. ' 4784 is included, to help you in completing items 7 and 8, which ask you to state the grounds on which you seek return of property. The petition must be notarized. If you file in New Castle County, a copy of the petition must be served on the Attorney General. That office is located in the Carvel State Building, 820 French Street, on the 7th floor. The Attorney General's Office will stamp the original petition to show service. After service on the Attorney General, the original petition must be filed with the Prothonotary's Office, along with the required $75.00 filing fee. If you file in Kent or Sussex County, you must file the original petition and a copy with the Prothonotary's Office, along with the required $75.00 filing fee. 2) 3) 4) To file in New Castle County: Office of the Prothonotary 500 N. King Street Suite 500, Lower Level 1 Wilmington, DE 19801-3746 To file in Kent County: Office of the Prothonotary 38 The Green Dover, DE 19901 To file in Sussex County: Office of the Prothonotary 1 The Circle, Suite 2 Georgetown, DE 19947 American LegalNet, Inc. www.FormsWorkFlow.com Revised 03/2016 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) Petitioner vs. State of Delaware Respondent C.A. No. Jury Trial Demanded: yes no PETITION FOR RETURN OF PROPERTY Pursuant to 16 Del.C. ' 4784 (j) and Superior Court Civil Rule 71.3, Claimant petitions the Court for return of property seized pursuant to 16 Del.C. ' 4784. 1) (a) Name of Claimant (b) Address (c) Telephone Number 2) Description of the property sought to be returned: American LegalNet, Inc. www.FormsWorkFlow.com 3) Description of your ownership/interest in the property and how you acquired it: 4) (a) Date you acquired the property: (b) From whom was property acquired: 5) The name of the person(s) from whom the property was seized: 6) Date the property was seized: 7) Provisions of 16 Del. C. ' 4784 relied on in asserting that the property is not subject to forfeiture: (e.g., property was unlawfully seized or used without owner=s consent - See attached statute) 8) Facts supporting response to question 7: Wherefore, the Petitioner hereby prays that the Court grant this Petition for Return of Property, granting such relief as the Court may deem just and fair under the circumstances. Signature Date: -2American LegalNet, Inc. www.FormsWorkFlow.com VERIFICATION STATE OF DELAWARE: SS: COUNTY: Comes now , and having been sworn according to law deposes and says that he/she is the Petitioner in the foregoing Petition for Return of Property and that the matters stated in said Petition are true and correct to the best of his/her knowledge, information and belief. Signature Date: Sworn to and subscribed before me this day of , . Notary American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) ) ORDER Now, this day of , Petitioner's Petition Petitioner vs. State of Delaware Respondent C.A. No. for Return of Property is granted in the following respects: Judge Date: American LegalNet, Inc. www.FormsWorkFlow.com TITLE 16. HEALTH AND SAFETY PART IV. FOOD AND DRUGS CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT SUBCHAPTER VI. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS §§ 4784 Forfeitures. (a) The following shall be subject to forfeiture to the State and no property rights shall exist in them: (1) All controlled substances which have . been manufactured,distributed,possessed,· dispensed or acquired in violation of this chapter; (2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of this chapter; (3) Any property which is used, or intended for use, as a container for property described in paragraph (1), (2) or (6) of this subsection; (4) Any conveyances, including aircraft, vehicles, or vessels which are used, or are intended for use, to transport, or in any manner to facilitate the transportation,sale, trafficking in or possession with intent to deliver property described in paragraph (1) or (2) of this subsection except that: a. No vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless the owner or other person in charge of the vehicle is a consenting party or privy to a violation of the Uniform Controlled Substances Act; b. No vehicle is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; c. A vehicle is not subject to forfeiture for a violation of §§§§ 4753, 4754, 4757 and 4758 of this title; and d. A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the party neither had knowledge of nor consented to the act or omission; (5) All books, records, and research products and materials including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter; (6) All drug paraphernalia as defined in §§ 4701 of this title; (7) All moneys, negotiable instruments, securities or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance or drug paraphernalia in violation of this chapter; all profits or proceeds traceable to securities, assets or interest used, or intended to be used, to facilitate any violation of this chapter. However, no property interest or an owner, by reason of any act or omission established by the owner to be committed or omitted without the owner's knowledge or consent shall be forfeited in the items listed in this paragraph: a. All moneys, negotiable instruments or securities found in close proximity to forfeitable controlled substances, or to forfeitable records of the importation, manufacture or distribution of controlled substances are presumed to be forfeitable under this paragraph. The burden of proof is upon claimant of the property to rebut this presumption. b. All moneys, negotiable instruments or securities found to have trace amounts of controlled substances on them are presumed to be · forfeitable under this paragraph. The burden of proof is upon the claimant of the property tn rebut this presumption. Ameri