HomeMy WebLinkAbout07-5777DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
OF CUMBERLAND COUNTY
CIVIL ACTION
V. .
TMM LIVING TRUST .
CIVIL NO. Q7 -Jr'?'77 GViI ~e~
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pa 17013
(717) 249-3166
DAVID J. FREED,
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V.
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CIVIL NO . ~~ "' li Zvi ~TP,t'trl
COMPLAINT FOR PARTIAL-EVICTION
AND
ABATEMENT OF A DRUG-RELATED NUISANCE
Nature of $viction Action and Jurisdiction:
Pursuant to Title 35 of Purdon's Statutes, The Controlled
Substance, Drug, Device and Cosmetic Act, Chapter 6A, Section 780-
151 et. seq., Expedited Eviction of Drug Traffickers Act, this
matter is a civil action to evict or remove tenants or other
persons from leased residential premises. 35 P.S. §780-153. The
court of common pleas for the county in which the leased premises
are located has proper jurisdiction. 35 P.S. §780-154.
Nature of Abatement Action:
Pursuant to Title 42 of Purdon's Statutes, Judiciary and
Judicial Procedure, Subchapter H, Section 8382 et. seq., Drug
Nuisance Law, this is a civil action to abate, enjoin, and prevent
a drug-related nuisance. Remedies given to the court are broad and
include temporary or permanent injunctions, the granting of
declaratory relief, mandatory orders, or any other relief deemed
necessary to accomplish the purposes of the injunction or order and
enforce the same .
Standing and Expedited Hearing of Eviction:
This action is brought by the District Attorney of Cumberland
County, David J. Freed, Esq., by and through Senior Assistant
District Attorney Matthew P. Smith, who has standing to bring said
action, and who seeks a hearing within 15 days of the filing of the
complaint to expedite the eviction. 35 P.S. §780-155 and 164(a).
/'+/'1MT)T T TTTT
The Commonwealth, by The District Attorney of Cumberland
County, David J. Freed, Esq., by and through Senior Assistant
District Attorney Matthew P. Smith, respectfully avers as follows:
1. Tara Mijocevic is an adult and resides at the real
property of 437 C Street, Carlisle, Pennsylvania, 17013
(hereinafter "437 C Street").
2. The property of 437 C Street is held in trust by "Hans
Mijocevic, Trustee of the TMM Living Trust" by deed, dated July 30,
2004, Book number 264, Page 2099.
3. Tara Mijocevic resides at 437 C Street by virtue of Hans
Mijocevic's authority as Trustee.
4. The following paragraphs document a series of police
incidents related to 437 C Street:
a. March 1, 2005. Police and emergency medical services
2
responded to the 437 C Street for a reported suicide attempt
by Lori A. Bailey. Lori A. Bailey has a criminal history of
alcohol and drug abuse. Tara Mijocevic was present.
b. March 14, 2005. Tara Mijocevic reported an on-going
harassment from Linda Barret.
c. March 18, 2005. Police responded to the request of
Denise Rupp to check on the welfare of Lori A. Bailey. Bailey
was not located, and police advised Bailey's roommate that a
bench warrant was out for Bailey.
d. June 23, 2005. Tara Mijocevic reported to Police that
Lori A. Bailey was an unwanted guest and was refusing to
leave. Later that night William Boswell reported that
Mijocevic and Bailey were fighting again, Bailey was sent on
her way by police and told not to return. William Boswell has
a criminal history of drug-related crimes.
e. July 16, 2005. William Boswell attempted to gain
entry into 437 C Street. Police respond and transport him back
to his residence with his belongings.
f. September 20, 2005. Police made contact with Tara
Mijocevic, and discovered that Lori A. Bailey and Mijocevic
were living as domestic partners and recently had another
fight. Bailey attempted to get her belongings and leave.
However, Mijocevic did not allow it. Police advised Bailey to
obtain a constable to get her belongings.
3
g. December 20, 2005. Agent Jefferies of the Attorney
General's Office of Pennsylvania observed a crack cocaine
transaction through the use of a cooperating individual
("CI"). Anthony Milton Jones met the CI and completed the
transaction outside 437 C Street. Anthony Milton Jones has a
criminal history of drug-related crimes.
h. March 30, 2006. Search Warrants issued for 437 C
Street. See Exhibit 1.
i. April 11, 2006. Vicki D. Short refused to leave 437
C Street, Tara Mijocevic called Police. Upon obtaining
identification on Short, police arrested her on a previous
theft warrant. Vicki D. Short has criminal history of drug-
related crimes.
j. May 15, 2006. Jessica Shover called police from 437
C Street, where she complained that she lent her vehicle to
Thomas "Tommy" Leon Davis and Johnny E. Wright and now it was
missing. The car was secured a short time later and Wright
was arrested on outstanding drug warrants. Thomas "Tommy" Leon
Davis and Johnny E. Wright both have drug-related criminal
histories.
k. September 19, 2006. Police responded to a verbal
argument between Tara Mijocevic and Johnny E. Wright outside
437 C Street. Wright was advised he was receiving a citation
and told not to return to 437 C Street.
4
1. September 23, 2006. Tara Mijocevic reported that she
wanted to press charges against William Smith, Jr. after he
struck her in the chest.
m. September 23, 2006. William Smith, Jr. attempted to
gain entry into 437 C Street. Tara Mijocevic advised police
that the male was going to break the window to gain entry.
William Smith, Jr. was arrested for disorderly conduct and
issued a citation.
n. September 25, 2006. Tara Mijocevic had taken an
undetermined amount of narcotic medication and was
involuntarily transported to the hospital.
o. October 27, 2006. Federal Warrants Served. 437 C
Street checked for wanted persons, namely Thomas "Tommy" Leon
Davis, Vicki Short, and Melvin Felton with negative results.
p. November 18, 2006. While Police were searching for
a man on foot, they noticed a parked maroon Chevy impala
outside 437 C Street. Police noticed several people inside,
the driver Clarence Mason said that he was trying to get his
friend "Boswell" to come to the door. Police searched the car
and found a crack pipe in the back of the seat.
q. November 20, 2006. Tara Mijocevic is served a
subpoena by Detective Kurtz.
r. December 9, 2006. A large amount of vehicular
traffic was noticed on D Street. Subjects were parking on D
5
Street and walked behind 437 C Street to gain entry.
s. January 06, 2007. Tara Mijocevic reported that
"Kay" was intoxicated and Mijocevic wanted her to leave.
t. January 19, 2007. Police responded to 437 C Street
after neighbors complained about constant traffic for three
hours. Police observed a vehicle with an inoperable muffler -
inside the car were Jennie L. Conrad and Thomas Leon Davis.
Davis admitted to police to smoking 1~ ounce of crack cocaine
per day. Police gained entry into 437 C Street, and observed
two blunts on the table of her home. Mijocevic was sent a
summons for Illegal Possession of Drug Paraphernalia. Jennie
L. Conrad has a drug-related criminal history.
u. March 23, 2007. Police responded to 437 C Street
due to a report of men in a black truck drinking open
containers of beer. Upon investigation, officers noticed two
crack pipes sticking out of Clare E. Stansfield's pockets.
Stansfield was detained and upon further investigation,
Richard Leroy Dick was determined to be the driver. Police
asked to search the vehicle and Dick consented, at which time
police recovered a crack pipe on the floor of the truck.
Claire E. Stansfield and Richard Leroy Dick have alcohol and
drug-related criminal histories.
v. April 23, 2007. Unknown male pulled up to 437 C
Street, staggered out of truck, stayed 10 minutes at house,
6
then drove off.
w. May 4, 2007. Neighbors reported possible drug
activity at 437 C Street, residence was checked and William
Boswell was found to be in the residence. Two cars outside
the residence belonged to Michael Wilson and Zack Brown.
x. May 17, 2007. Cumberland County Drug Task Force met
with CI (CPD) 1169 who relayed the following: the CI used 437
C Street as a base to sell illegal drugs from mid September to
late October 2006. He did this with the knowledge and support
of Tara Mijocevic and at one point was denied entry into the
residence because another "drug-dealer" was set up on the
second floor and Tara didn't want any problems between the two
of them. He sold illegal drugs in excess of ten times during
that time period from the residence.
y. August 3, 2007. Carlisle police conducted
surveillance of 437 C Street. Surveillance revealed numerous
subjects with extensive criminal histories involving narcotic
violations.
z. August 4, 2007. Following a confrontation between
Tara and law enforcement, permission was obtained to conduct a
search of the bottom floor of the 437 C Street. Numerous
items of drug paraphernalia were found. Tara, aware the
neighbors had contacted Carlisle Police to report disorderly
conduct, yelled to the neighborhood "Fuck you, you are all
7
dead."
5. The following paragraphs document a series of incidents
as reported by neighbors of 437 C Street:
a. January 24, 2007. Walker arrived, gender unknown.
b. January 26, 2007. Two males wearing baggy jackets and
dark jeans walked around 437 C Street at 5:30 pm.
c. January 29, 2007. 6:00 pm four people arrived in a four-
door grey vehicle, car had white flame graphics. Two
entered 437 C Street. Another vehicle arrived at 7:40 pm
which is Tara's car, license plate num: GLC 9584. The
registration on that license plate comes back to Marian
S. Buckner who has a criminal history of activity in the
METRO Incident Reporting System.
d. January 30, 2007. A green Saturn is parked outside 437
C Street, male, larger older man with dread locks. At
1:55 pm two males arrived in a white Nissan Maxima,
license plate number: GHH 8189. Entered home and left
within two minutes. Shortly thereafter the same car
arrived with a man and a woman, the woman is a regular
who scratches herself and often screams.
e. January 31, 2007. Neighbor complained about a black
Explorer that has been parked at the neighbor's home for
seven days in a no parking zone; the neighbor called
police seven times. Neighbor was concerned for her
8
safety and worried about the tinted windows of the black
explorer.
f. February 5, 2007. Quiet between the 1/31 and 2/5, Tara
arrived at 7:45 am, and a regular visitor in a teal car
license plate number: GGF 7598 came by at 10:00 am.
More activity later in the day as a Black Chevy blazer
arrived and parked at 437 C Street, license plate
number: GGF 7598.
g. February 6, 2007. Car drove in out of 437 C Street
multiple times, license plate number GKG 4938. This
vehicle is registered to Nancy Fultz who has a history
of criminal activity in the METRO Incident Reporting
System. Another black Honda followed a similar pattern,
license plate number: FVS 8442. This vehicle is
registered to a Rodney Evans but was regularly used by
Thomas "Tommy" Davis, specifically by Tommy Davis in a
drug delivery incident.
h. February 9, 2007. Multiple cars arrived and departed,
neighbor observed "huge wads of cash" being exchanged
between two cars outside 437 C Street, one of the cars
license plate number was: YRT 1179.
i. February 10, 2007. Five to Six cars arrived and
departed 437 C Street. Suspicious activity ensued - an
example of which was Tara Mijocevic walked in the house
9
and came back out ten minutes later and talked with the
J•
k.
1.
regular black Chevy visitor. Also present that day was
a white Ford Fiesta, which was the car that had people
with the "wad of cash."
February 16, 2007. White Ford Fiesta returned.
plate: GDV 4866. Noticed a "regular" female trying to
gain entry. No one answered, walked around back, no one
there, therefore she left. New vehicle never seen
before arrived, grey bronco with colored strip paint.
February 19, 2007. All day visitor with the license
Another car arrived, license plate number: YPZ 3949.
Occupant proceeded to knock on the door. Another car
arrived at 11:00 am, new black Ford 350 with spinning
wheels. The female and older man talked and laughed,
man drank a Budweiser, stumbled and swayed a bit.
License plate YST 8880. Police responded, no one taken
away.
February 21, 2007. Regular female returned, no one at
the door.
m. February 23, 2007. Light teal colored four-door, license
plate number: GLH 4448, two men went in and out and came
back later.
n. February 24 2007. Older red car license plate: FDX 8794
red Oldsmobile, occupant left note. Astro van returned
10
yet again, license plate number: YRT 1179.
o. August 3, 2007. Ten to fifteen people were observed
inside the residence.
6. The following letters were sent to Tara Mijocevic and her
father, Hans Mijocevic as trustee and landlord of the property.
These letters detailed the ongoing activity and complaints, and
requested the illegal activity not to continue. Senior Assistant
District Attorney Matthew P. Smith also met with Hans Mijocevic.
a. January 9, 2007. Letter to Tara Mijocevic, Drug-Related
Nuisance, an initial warning to cease activity.
(Exhibit 2).
b. January 10, 2007. Letter from Hans Mijocevic to Tara
Mijocevic, asking her to cease activity. (Exhibit 3).
c. January 24, 2007. Letter to Hans Mijocevic, stating
that activity has not ceased. (Exhibit 4).
d. January 24, 2007. Letter to Tara Mijocevic, Drug-
Related Nuisance, a second more comprehensive warning to
cease activity. (Exhibit 5).
e. April 23, 2007. Letter to Hans Mijocevic, final warning
before litigation. (Exhibit 6).
f. April 30, 2007. The Office of the District Attorney in
the form of Matthew P. Smith, Esq., met with Hans Mijocevic
regarding claims. Hans Mijocevic related concerns over his
daughter and asked for some type of action to be taken to
11
curtail negative influences upon her. Hans Mijocevic related
that his daughter has serious health problems and that she is
cognitively impaired, making her susceptible to undue mental
influence or control. She is easily misguided by perceived
friends, TV, or written directions because she will only focus
on one item and lose the rest of the thought, actions or
directions. Tara is extremely vulnerable to outsiders. She
is constantly taken in by outsiders that take advantage of her
weaknesses and lack of street skills needed to survive.
7. Hans Mijocevic is additionally aware of the confrontation
between Tara and law enforcement which occurred on August 4, 2007
resulting in criminal charges.
8. The week following the August 4, 2007 incident, Hans
Mijocevic met with representatives of the District Attorney in the
persons of Daniel Dye, Certified Legal Intern and First Assistant
District Attorney Jaime Keating. Hans Mijocevic stated that he had
recently found "a large bag of white powder" at 437 C. Street. Mr.
Mijocevic has stated that individuals are frequenting 437 C. Street
and engaging in drug activities.
COUNT 1 - PARTIAL EVICTION
9. Paragraphs one through eight are incorporated by reference
herein.
10. Drug-related criminal activity has occurred on or within
the property 437 C Street.
12
11. The property of 437 C Street was used in furtherance of
or to promote drug-related criminal activity.
12. Tara Mijocevic and her guests have engaged in drug-
related criminal activity on or in the immediate vicinity of 437 C
Street.
COUNT 2 - ABATEMENT
13. Paragraphs 1 through 6 are incorporated by reference
herein.
14. Pursuant to 42 Pa.C.S.A. §8384, the following factors
impact negatively upon the surrounding neighborhood:
a. Neighbors report increased noise and disturbances to the
neighborhood. Reports include noise from screaming, yelling
and fighting produced by individuals frequenting 437 C.
Street. Additionally, noise from increased vehicular traffic
frequenting 437 C. Street at all times of day and night.
b. Several neighbors fear for themselves and their children,
both from the type~of activity and the amount of vehicular
traffic it generates. See paragraphs one through six for
specific instances of vehicular and foot traffic. Neighbors
report that this type of activity is escalating.
c. There were numerous police and EMS calls relating to the
use of drugs or to violence stemming from illegal activity.
See paragraphs one through six for specific instances.
d. There were at least three warrants served upon the
13
property of 437 C Street from March 1, 2005 till May 31, 2007.
There were no warrants served anywhere else on the 400 block
of C Street during the same time period.
e. Police made at least one controlled buy from a person
coming from 437 C Street. The suspect has since become a CI
and has stated he has sold illegal drugs from the residence of
437 C Street at least 10 times from March 2005 to May 2007.
f. Numerous arrests/citations have been made on or near the
property of 437 C Street from March 2005 to August 2007.
g. Numerous attempts have been made to notify both the
resident of the property, Tara Mijocevic and her father, Hans
Mijocevic, the trustee of the property. See paragraph six
above.
WHEREFORE, the Honorable David J. Freed, Esq., respectfully
requests This Honorable Court to enter the following special
relief: BANISH FROM THE PROPERTY Lori A. Bailey, William Boswell,
Anthony Milton Jones, Vicki D. Short, Jessica Shover, Thomas Leon
Davis, Johnny E. Wright, William Smith, Jr., Clarence Mason, Jennie
L. Conrad, Claire E. Stansfield, Richard Leroy Dick, Michael
Wilson, Roger Wilson, Kurt Wilkenson, Todd Warner, Tracy Felton,
Mark Baltimore, Michael Hodge, Lisa Smallwood, Janessa Morris,
Terry Holpe, George Corbin, Barron Carthorn, Roxanne Costopolous,
Jaime Shumberger, Carroll Sydney Ewell, George Boychock, Kathleen
O'Brien, and Linda Gardella from the property of 437 C Street,
14
Carlisle, Pennsylvania, 17013, and order Tara Mijocevic to attend
therapy/classes at the Steven's center from 7:45 a.m. to 2:45 p.m.,
comply with random drug testing as prescribed by the Steven's
Center, meet with her therapist at least three times a week, meet
with her caseworker at least once a week, and attend NA meetings as
prescribed by her health workers.
Respectfully submitted,
Mat hew P. Smith, Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
15
VERIFICATION
I, David J. Freed, District Attorney of Cumberland County, do
hereby verify, subject to the penalties of 18 Pa.C.S.A. § 4904
relating to unsworn falsifications, that the facts set forth in the
foregoing Complaint are true and correct to the best of my
knowledge, information and belief.
1
David J. Freed, Esq.
District Attorney
EXxIBIT 1
APPLICATION FOR
Commonwe;~ith of Pennsylvania
SEARCH WARRANT
COUNTY OF Cumberland AND AUTHORIZATION
Docket Number ~ Police Incident Warrant Control
(Issuing Authority): Number: CAR 2005-10-1006-4 Number:
Dets Eric Dale/Jeffrey Kurtz Carlisle Police Department 717.243.5252 03.30.2006
AFFWNT NAA~IE AGENCY PHONE NUMBER DATE OF APPLICATION
~fl
IDENTIFY REMS TO BE SEARCHED FOR AND SEIZED (Be ea specific as possible): ~
P ~ "' ~'`"" R ~p i'¢'` ~' `'i " [~:~
,
.
Refer to Continuation Pa a for Items to Be Searched for and Seized.
9 In Testimony whereof, I here unto set my hand
and
sell of said Court at Carlisle, PA
~
%j~~,,
Th' day ofi , 20 ~~
SPECIFIC DESCRIPTION OF PREMISES ANDIOR PERSON TO BE SEARCHED (Stleetand 1Vo., Apt. No., Vehicle, tc.):
437 C St, Carlisle Borough, Cumberland Co, PA. The numbers "437" area vet mailbox which is to the left of
the front door. This is the left half of a two (2j story duplex that has brown brick on the 1 ~ floor and tan siding on the
2nd floor. 437 C St has green shutters and white trim around the windows and door.
NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (Hproper name is unknown, give-alias and/or descrtption):
Tara MICOJEVIC
VIOLATION DF (Desa'Ibe mndud or specify statute): DATE(S) OF VIOLATION:
CS 780-'113(a)(30) PWI and 901(a) Criminal Conspiracy Divers
Warrant Application Approved by Districf Attorney - DA File No. JMK -D6-927 03.29.2006
r
'
(-r DA approval nequlred per Pa.R.Crim.P. 202(A) with asslgnsd File No. par PaR.Crlm.P. SUS
~'s
~= ^ Additional Pages Aifached (Other than A>~davit of Probable Cause) ~~
i
°~,~ ^ Probable Cause Atffidavit(s) MUST be attached (unless sealed below) Total number of pages:
':TOTAL NUMBER OF PAGES IS SUM OF ALL APPLICATION, PROBABLE CAUSE AND CONTINUATION PAGES EVER IF ANY OF THE ES ARE SEALED
,
The below named Affiant, being duly swom (or affirmed) before the Issuing Authority according to law, deposes and says that this is probable
cause t believe that certain pro arty is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is ~o#hervll~e subject to
seiz r ,and is located a rti lar remises or in the possession of the particular person as described above. ~ '' ~' ~,.
' Carlisle Police Department, 240 Lincoln St, Carlisle, PA ~ s- :~/
I tr/
Affiant A enc or Addrr3ss if private Affiant ~ Bade umber+
S t and subscribed afore me this ~ day of ~~1: ~ , D~ . (~4ag-6is~'~4ts f ' ~~.~. p~~5
'
~_
rv
'~; r ie s'r!a ustE Gf+-r/t c i ~ ~ PA i~ is ~? ~' ~ SEAL
O
Si nature lssuin Authority Office Address ~ ~ ~ r- _
SEA H WARRANT WHEREAS, facts have been swom to or affirmed before me by written affidavit(s) attached hereto from ~
TO t1(W ENFORCEMENT which I have found probable cause, l do authorize you to search the premises or person described, and to Q
OFFICER: seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure. ~
This Warrant shall be served as soon as practicable and shall be served only between the heurs of 6AM to 10PM but in no event later than:" ~
t ~
^ This Warrant shall be served as soon as practicable and may be served anytime during the day or night but in no event later than: " ~
2 I~ ~ M, o'clock ~' ..t ~. ~~[7~L?G
w
The issuing authority should specify a date not later then two (2) days after issuance. Pa.R.Crim.P. 205(4). _
~
" If the issuing authority finds reasonable cause for issuing a nighftime warrant on the basis of additional reasonable cause set forth in the accompanying affidavit(s) }'
and wishes to issue a nighttime warrant, then this block shalt be checked. Pa.R.Crim.P. 206(7). m
~' at ~ ~ ~ ~ ~ ~' M, o'clock.
Issued under y hand this ~ day of )~~ ~~---~~"~ , ~~ ~
1
~+~/~
~
~
i:~
~...l vy,Y ..
..
Si tore of Issuing Authority Mag. Dist or Judicial Dist No. Date Commission Expires: /z ~ oil` a
Title Issuing Authority: ^ Magisterial District Judge ~ Common Pleas Judge ^ ~
U
Y~ For good cause stated in the affidavit(s) the Search Warrant Affrdavit(s) are sealed for > ~' days m
' by my certification a ~id signature. (Pa.R.Crim.P. 291) ~ O
f
``.; ~ ,/ =~'j /(-) ! }:~: (Date) (SEAL)
Si na re of Issuin Author (Judge of the Court of Common Pleas or A~peliat~CnuFt-Jusfiae or Judge).
AOPC 4],fJA-05
Commonwealth of Pennsylvania APPLICATION FOR
SEARCH WARRANT
COUNTY OF CUMBERLAND - CONTINUATION PAGES
.+rx,.~i.,~. ,- '.',"i. "'«L~` ~~: :R° ~..! .. is,.. '.:.,.~k.a'i.'~'sc~~'s. .. ...'. "s8agf"
Docket Number Police Incident Warrant Control
(Issuing Authority): Number: 2005-10-1006-4 Number:
Continuation of:
® Items to be searched ^ Description of premiseslperson(s) ^ Owner/ Occupant ^ Violations
and seized to be searched
1. Books, records, receipts, notes, ledgers, and other papers relating to the transportation, ordering, purchase,
and distribution of Controlled Substances, in particular, Crack-Cocaine, Cocaine and other Controlled
Dangerous Substances;
2. Papers, tickets, notes, receipts, and other items relating to domestic and international travel;
3. Books, records, invoices, receipts, records of real estate transactions, bank statements and related records,
certificates of deposits, passbooks, money drafts, cashier's checks, bank checks, safe deposit box keys, money
wrappers, and other items evidencing the obtaining, secreting, transfer, and/or concealment of assets; and the
obtaining, secreting, transfer, concealment and/or expenditure of money;
4. Electronic equipment, such as computers, currency counting machines, pagers (digital display beepers),
telephone answering machines, and related manuals used to generate, transfer, count, record, and/or store the
information described in Items 2,3,4, and 5 of this exhibit. Additionally, computer software, tapes and discs,
audio tapes, and the contents therein, containing the information generated by the aforementioned electronic
equipment; -
S. Cellular telephone(s) and/or portable cellular telephone(s), and any stored electronic communications
contained therein;
6. United States Currency, precious metal, jewelry, and financial instruments, including mortgage notes,
stocks, and bonds;
7. Photographs, including still photos, negatives, video tapes, films, undeveloped film, and the contents
therein, slides; in particular, photographs of Co-conspirators, of assets and/or Controlled Dangerous
Substances;
8. Address and telephone books (written or typed by hand as opposed to printed commercially), Rolodex
indices and any papers reflecting names, addresses, telephone numbers, pager numbers of co-conspirators,
sources of supply, customers, financial institutions, and other individuals or businesses with whom a financial
relationship exists;
9. Indicia of occupancy, residency, rental and/or ownership of the premises described herein, including but
not limited to utility and telephone bills; canceled envelopes; rental, purchases, or lease agreements; and keys;
l O.Firearms and ammunition, including but not Limited to handguns, pistols, revolvers, rifles, shotguns,
machine-guns, and other weapons, and any record or receipts pertaining to firearms and ammunition;
11.Crack-Cocaine, Cocaine, cocaine related paraphernalia and related packaging materials, and;
12.Official serialized BNI Advance Funds.
HoPC 4100-10-24-98
Commonwealfih of Pennsyivan~a AFFIDAVIT OF
PROBABLE CAUSE
COUNTY OF Cumberland -
Docket Number Police Incident Warrant Control
Number: CAR 2005-10-1006-4 Number:
(Issuing Authority):
PROBABLE CAUSE BELIEF -S BASED UPON TWE FOLLOWING FACTS AND CIRCUMSTANCES:
(1) Your Affiants are Detective Eric W Dale and Detective Jeffrey D Kurtz who are employed by the
Carlisle Borough Police Department. As such Your Affiants are empowered to .conduct investigations into
the various laws of the Commonwealth, including Act #64 `The Controlled Substance, Drug, Device and
Cosmetic Act'. During the course of such investigations Your Affiants are authorized to apply for, obtain and
serve search warrants, make seizures and make arrests.
(2) Detective Dale has been a sworn police officer in Pennsylvania since April 1995, first employed by
.the Washington Township Police Department in Franklin County, before moving to the Carlisle Borough
Police Department in September 1996. Detective Dale was assigned as a Police K-9 handler for over seven
(7) years. Detective Dale and K-9 Thunder were trained in the detection of controlled substances and were
successful in numerous drug investigations. Detective Dale has been assigned as a Detective with the Office
of the District Attorney of Cumberland County -Drug Task Force since 1998 and has actively worked drug
investigations since July 2002. Detective Dale has been assigned as a Carlisle Police Department Detective
since November 2005. Detective Kurtz. has been a sworn police officer in Pennsylvania since May 1992, first
employed by the Upper Allen Township Police Department, before moving to the Carlisle Borough Police
Department in October 1997. Detective Kurtz has been assigned as a Detective since July 2002 and has been
assigned to the Office of the District Attorney of Cumberland County -Drug Task Force since August 2002.
Your Affiants have personally applied for and participated in numerous search warrants that have resulted in
the seizure of quantities of controlled substances, cutting materials, packaging implements and other drug
paraphernalia: as well as, U.S. currency, vehicles and records pertaining to the violations of State and Federal
narcotics laws. Your Affiants have personally conducted or been involved in over 350 investigations each,
related to Act #64. Your Affiants have prosecuted numerous persons and have participate in tlprosecution
of numerous persons for violations of Act #64. Additionally, Your Affiants have received~e~cten~ve tr ' ng
in the investigation and rosecution of illicit dru traffickers by various Federal, State, ~-ou~ty ai3d local
agencies. Based upon Your Affiants' training and experience in narcotic investigations, ~.iic~ ul5~dn ~"'
information received as a part of this investigation, Your Affiant believes that there is prfr;cntly nonce
r-. ~;
within the premises to be searched listed in the Search Warrant, those items which are ~etforth~n Ex i A
,..-,~ ~
attached, which items constitute evidence of violations of Act 64, Section 13(a}(30), P~3'~C~rirrf~ Code
Sections 91 1, and PA Crimes Code Sections 903. Based upon the above training/experience;` our Affiants
know:
a. That illegal drug traffickers often purchase and/or title their assets in fictitious names, aliases, or the names
of relatives, associates, or business entities to avoid detection of these assets by Government Agencies.
b. That even though these assets are in names other than the narcotics traffickers', the narcotics traffickers
actually own and continues to use these assets, and/or exercise dominion and control over them.
c. That illegal drug traffickers must maintain, on hand, large amounts of U.S. Currency in order to maintain
and finance their ongoing narcotics business.
d. That it is common for narcotics traffickers to maintain books, records, receipts, notes, ledgers, receipts
relating to the purchase of financial instruments and/or the transfer of funds, and other papers relating to the
transportation, ordering,. sale, and distribution of Controlled Substances. That the aforementioned books,
records, recei ts, notes, led ers, etc....axe maintained where the traffickers have ready access to them.
AOPC 4108-10-24-98
e. That it is common for large-scale drug traffickers to secrete contraband, proceeds of narcotics sales, and
records of drug transactions in secure locations within their residences, their businesses, the residence of
relatives and associates, safe deposit boxes, storage facilities, and or other locations which the trafficker
maintain dominion and control over for their ready. access and to conceal these items from Law Enforcement
Authorities.
f. That, in order to accomplish this concealment, narcotics traffickers frequently build "stash" places within
their residences, their businesses, the residence of relatives and associates, and/or other locations (including
buried on the grounds thereof). That there are a number of publications available instructing where and how
to build "stash" places. Copies of these types of publications have been found in the aforementioned
locations of narcotics traffickers.
g. That it is common for persons involved in large-scale narcotics trafficking to maintain evidence relating to
their obtaining, secreting, transfer, concealment and/or expenditure of narcotics .proceeds, such as: large
amounts of currency, financial instruments, precious metals and gemstones, jewelry, books, records, invoices,
receipts, records of real estate transactions, bank statements and related records, Certificates of Deposits,
passbooks, money drafts, letters of credit, money orders, bank drafts, cashier's checks, bank checks, safe
deposit box keys, money wrappers, and other evidence of financial transactions. These items are maintained
by the narcotics traffickers within their residences, their businesses, the residence of relatives and associates,
safe deposit boxes, and/or other locations that they maintain dominion and control over.
h. That large-scale narcotics traffickers often utilize electronic equipment, such as: computers, currency
counting machines, pagers (digital display beepers), cellular telephones and telephone answering machines, to
generate, transfer, count, record, and/or store the information described in Items A, C, D, E, and G above.
i. That cocaine traffickers commonly maintain addresses or telephone numbers. in books or papers which
reflect names, addresses and/or telephone numbers of their associates in the trafficking organization, and/or
individuals involved in their money laundering activities.
j. That drug traffickers utilize cellular telephones and/or portable cellular telephones so as to make it more
difficult for Law Enforcement Authorities to identify and/or intercept their conversations.
k. That drug traffickers take or cause to betaken photographs of themselves, their associates, their property,
and their product using still and video cameras. That these traffickers usually maintain these photographs in
their possession.
1. That the Courts have recognized that unexplained wealth is probative evidence of Crimes motivated by
greed, in particular, trafficking in Controlled Substances.
m. That drug traffickers commonly have in their possession; that is on their person, at their residence and/or
their businesses, firearms, including but not limited to: handguns, pistols, revolvers, rifles, shotguns, machine
guns, and other weapons. Said firearms are used to protect and secure a narcotics trafficker's properly. Such
property may include but not limited to: Narcotics, Jewelry, Narcotics Paraphernalia, Books, Records, and
U.S. Currency.
n. That it is quite common in drug transactions for the person that is selling the controlled substance not
wanting to sell the controlled substance to anyone other than someone that the seller is familiar with and has
previously sold controlled substances to on numerous occasions without being apprehended.
o. That drug traffickers generally keep paraphernalia for packaging, cutting, weighing, and distributing
controlled substances. That these types of paraphernalia include but are not limited to; scales, plastic b
AOPC 41 DB-1 D-2498
and heat sealers.
p. That persons present at locations where drugs are distributed often have on their person; drugs, contraband,
firearms and/or fruits or evidence of drug dealing.
(3) Your Affiant is completely familiar with the investigation currently pending primarily in Cumberland
County but also extending into Dauphin and Franklin Counties involving Shannon HENDERSON, Brandon
WRIGHT, Rafel BROTHERS, Anthony JONES, Eric CLARK, Latoya HARRIS and others. This Affidavit
is submitted in support of an Application for a search warrant for the location described. Your Affiants have
participated in and are familiar with the investigation herein described. The probable cause set forth in this
Affidavit is based upon the participation of Your Affiants in this investigation, information received from
other state and local law enforcement officers, surveillance and other investigative activity by Your Affiants
and other investigative officers, information received from cooperating individuals and controlled purchases
of crack-cocaine by cooperating individuals. In this investigation, Your Affiants and other Detectives,
Officers and BNI Agents have utilized cooperating individuals to make controlled purchases of cocaine from
Shannon HENDERSON, Brandon WRIGHT, Rafel BROTHERS, Anthony JONES, Eric CLARK, Latoya
HARRIS and others. These purchases were made by a cooperating individuals (hereinafter CI) who were
carefully searched by a law enforcement officer in order to make certain that the CI did not have controlled
substances on his or her person. If the CI was utilizing a vehicle, the vehicle was searched for the same
reason. The CI was then provided with serialized official funds to make a purchase of a controlled substance.
The CI was kept under constant surveillance until his/her arrival at-the location where the drug transaction
was to occur. The immediate area of the drug transaction was also under surveillance bylaw enforcement
authorities. After the CI purchased the controlled substance from the target, the CI was again under
surveillance to a debriefing location where the controlled substance was turned over to a law enforcement
officer by the CI. The CI and his/her vehicle were again subjected to search for the presence of a controlled
substance and/or any official funds. The CI was then debriefed in detail as to the specific events of the illicit
drug transaction-that occurred. In most the controlled purchases, the CI would be placing either a recorded or
non-recorded call to a known cellular phone number for the target of the investigation. Your Affiants have
direct knowledge of the facts set forth in this Affidavit. The specifics are as follows:
(4) The principal target are off this investigation are:
(a) Shannon HENDERSON: Black male, born on 1 S February 1983 with a social security number of
587-45-7788.
(b) Brandon WR.IGHT: Black male, born on 4 January 1975 with a social security number of 263-65-
8874, with an AKA of "BONES", and a criminal history to include drug violations, and currenly on
supervised state parole..
(c) Rafel Quinta BROTHERS: Black male, born on 13 May 1979 with a social security number of 266-
89-5176, with an AKA of "SPANKY", and a criminal to include drug violations, and currently on supervised
state parole.
(d) Anthony M JONES: Black male, born on 7 July 1960 with a social security number of 293-54-3479,
with AKA's of "Tony" and. "TONE", and a criminal history to include drug violations.
(e} Eric Bruce CLARK: Black male, born on 2 June 1963 with a social security number of 203-48-144$
and with. an AKA of Eric B BROWN, and a criminal history to include drug violations.
(f) Latoya Jean HARRIS: Black female, born on 7 August 1981 with a social security number of 174-
62-4586 with an AKA of "Tank", and a criminal history to include drug violations.
AOPC 416E-10-2498
(g) Jermaine HENDERSON: Black male, born on 8 December 1984 with a social security number of
426-51-7111.3ermaine HENDERSON is the younger brother of Shannon HENDERSON.
(h) Jeffrey EVANS: Slack male, bom on 2 March 1973 with a social security number of 587-25-4910
with an AKA of "Mississippi Jeff', and a criminal history to include drug violations. EVANS is the older
brother to both Shannon and Jermaine HENDERSON.
(i) Jennifer Susan JUMPER: White female, born on 18 April 1972 with a social security number of
186-60-4676, and a criminal history. JUMPER is the present girlfriend of WRIGHT.
(j) Tammi L FELTON: Black female, born on 25 September 1966 with asocial security number of 181-
54-4260, and a criminal history.
(k) Fernando BARNES: Black male, born on 30 June 1984, with an AKA of "Big Daddy"
(1) Tara Michelle MIJOCEVIC: White female, born on 4 October 1973 with a social security number of
206-58-7427.
(m) Dana L DREW: Black female, bom on 15 April 1971. DREW is the present girlfriend of
BROTHERS and has several vehicles that BROTHERS routinely drives registered in her name.
(n) Eric T SEIGLER: Black male, born on 2 October 1980, with a social security number of 392-01-
3896, with AKA's of "GATOR", "E", "Little E" and "Florida E", and a criminal history to include drug
violations.
(o) David Tyrone JOHNSON: Black male, born on 10 March 1971, with a social security number of
170-56-0025, with an AKA of "Fathead", and a criminal history.
(p) Desiree HECK: White female, born on 8 April 1980, with a social security number of 193-66-7673
HECK is known to have multiple vehicles which Shannon HENDERSON routinely drives registered in her
name and they share the same address.
(q) Taneshia BROWN: Black female, born on 25 February 1983, with a social security number of 202-
62-0824. BROWN is a known girlfriend to Jeffrey EVANS and has several vehicles which have been
routinely driven by EVANS, BROTHERS and HENDERSON registered in her name.
(r) Kristen L BITNER: White female, born on 12 March 1970, with a social security number of 198-62-
5047, with a criminal history.
(s) Robert Elijah TAYLOR III: Black male, born on 21 January 1965, with a social security number of
120-62-623 9, and with a criminal history.
(t) Tonya HALL: White female, born 11 March 1972.
(u) Zachary BROWN: Black male, born 21 November 1962 with a social security number of i 66-48-
9130, and with a crinunal history.
(5) Due to the scope of this investigation, .Your Affiants requested assistance from the following law
enforcement agencies, the Federal Bureau of Investigations (FBI) and the Pennsylvania Office of the
Attorney General -Bureau of Narcotic Investigations and Drug Control (OAG-BNI). Agent Bruce Doupe,
FBI, and Agent Cynthia Jeffries, OAG-BNI, have worked this investigation with Your Affiants.
AOPC 410B-10-24-98
(6) On Thursday 14 October 2004 Your Affiant and other members of the Carlisle Police Department
were investigating an unrelated suicide in the 300 block of N East St, Carlisle Borough. This investigation
was a rented garage/storage space behind 173 E Penn St, which sits at the north west comer of the
intersections of E Penn and N East Sts. Prior to released this crime scene, patrol officers located spend 9mm
casing on the street and sidewalk area around the garage and 173 E Penn St. A subsequent investigation
revealed that several rounds had been fired into the lst floor apartment, which was later determined to be
occuppied by Jeffrey EVANS and Shannon HENDERSON. This shooting incident was never reported to the
Carlisle Police Deparment and neither EVANS or HENDERSON, upon being contacted by officers, wished
to pursue a criminal investigation. Details of this incident will be covered in paragraph thirty-eight(38).
(7) In late May and early June 2005 Your Affiants began receiving information from reliable CI's and
reliable cooperating subjects about HENDERSON being involved in larger drug sales in and around Carlisle
Borough. HENDERSON was observed driving a newer black Chevrolet Tahoe, which is registered to Desiree
HECK at 4113 Cypress Rd, Apt H, Harrisburg, which is in Lower Paxton Township, Dauphin County.
HENDERSON was also driving a red Chevrolet Caprice, which was registered to Kristen BITNER, who was
on supervised state parole for a conviction to a felony drug arrest in April, 2000.
(8) During this time State Parole Officer (P.O.) Art Weitoish, who was supervising BITNER, informed
Your Affiant (Kurtz) that BITNER had requested a travel .permit to Mississippi (MS) to travel to there with
HENDERSON. HENDERSON and EVANS are both from McCombs, MS.
(9) On 16 August 2005 Sergeant (Sgt) Micahel Dzezinski, Carlisle Police Department, stopped the red
Chevrolet Caprice for a traffic violation. The Caprice was driven by Fernando BARNES, who claimed to be
HENDERSON's cousin. HENDERSON, HECK and BARNES later arrived at the police station to claim the
car, which still registered in BITNER's name but they were claiming was now owned by HECK. BITNER
later told Sgt Dzezinski she was trying to have her name removed from the car and she no longer controlled
it.
(10) Around this time P.O. Weitoish informed Your Affiant (Kurtz) that BITNER had told him she had
made a delivery of an eight (8) ball of cocaine to someone at the request of HENDERSON.
(11) In late May 2005 Your Affiants learned that Brandon WRIGHT "BONES" and Raphel BROTHERS
"SPANKY" were both released from state prison and are currently supervised by P.O.'s Weitoish and Matt
Johns. Both WRIGHT and BROTHERS are from the Titusville, FL area and both were arrested and charged
with felony drug violations in May 2000 (WRIGHT) and March and August 2001 (BROTHERS).
(12) In the 3uly 2005 Your Affiants began receiving complaints from both citizens and reliable CPs and
reliable cooperating subjects that both WRIGHT and BROTHERS were selling quantities of crack-cocaine
and cocaine in the Carlisle area.
(I3) At this time WRIGHT had provided a 42 W Baltimore St, Carlisle address and BROTHERS a 20
Gobin Dr, Carlisle address. Each maintained these addresses until January 2006, when WRIGHT provided a
122 C St, Carlisle address (with Jennifer JUMPER, who was on supervised Dauphin County Parole until the
middle of January 2006) and BROTHERS provided a 142 W Penn St (with Dana DREW), Carlisle address.
(14) During this time Your Affiants began observing an increased amount of foot traffic in and out of 173
E Penn St, Carlisle Borough. BROTHERS, EVANS and HENDERSON were all observed entering and
exiting the residence at different times. BROTHERS and EVANS were observed driving vehicles, a white
Pontiac Grand Prix and a maroon Lincoln sedan, both registered to Taneshia BROWN, 1024 Warm Springs
Rd, Lot 40, Chambersburg, which is in a trailer park outside Chambersburg Borough, Franklin County.
15) On Tuesday 20 September 2005 Your Affiant (Dale) conducted a controlled purchase of crack-
AOPC 41 p6-1p-24-98
cocaine, which was delivered by BROTHERS. During this investigation, CI laced anon-recorded call
to BROTHERS, who arrived at the CI's residence, which is in Carlisle Borough and delivered a small amount
of crack-cocaine in exchange for $100. Your Affiant (Dale) observed BROTHERS. at the address.
(16) On Wednesday 21 September 2005 Your Affiants conducted a controlled purchase of crack-cocaine,
which was delivered by BROTHERS. During this investigation, CI~placed a non-recorded call to
BROTHERS who arrived at the CI's residence which is in Carlisle Borou and delivered a small amount
> ~~
ofcrack-cocaine in exchange for $100. Your Affiants observed BROTHERS as a passenger in a small red
Nissan two (2) door coupe that was driven to the address.
(17) On Wednesday 21 September 2005 Your Affiant (Kurtz) was with Cumberland County Parole
Officer (P.O)Tiffany Ryan, when P.O. Ryan arrested a parolee, Lori BAILEY. BAILEY is a known substance
abuser and was found with a small rock of suspected crack-cocaine. BAILEY indicted that she had just
purchased about $100 worth of crack-cocaine from a male she identified as Tony GREEN, who was later
identified as Anthony M JONES, who using the alias of "TONE", Tony JONES and Tony GREEN.
(18) On Monday 17 October 2005 Your Affiants conducted a controlled purchase of crack-cocaine, which
was delivered by BROTHERS. During this investigation, CI ~ placed a non-recorded call to BROTHERS,
who instructed the CI to meet him (BROTHERS) near the housing parking lot on N Bedford St, Carlisle
Borough. Your Affiant (Dale) was on foot in the area to observe the delivery from BROTHERS to the CI.
This location is a the distance of the alley, one (1) block, from 173 E Penn St. Your Affiant (Dale) observed
BROTHERS walking from the direction of 173 E Penn St.
(19) On Wednesday 19 October 2005 Counter-Drug Surveillance set up surveillance on 173 E Penn St
and suspicious activity between the residence and cars which pulled up outside was observed. Counter-Drug
Surveillance is a special unit within the Pennsylvania National Guard that has been established to assist
Federal, State and Municipal Law Enforcement with surveillance at known or suspected drug locations.
(20) On Thursday 20 October 2005 Counter-Drug Surveillance set up surveillance on 173 E Penn St and
suspicious activity was again observed between the residence and cars which pulled up outside the residence.
Foot traffic was also observed going to and from the residence. The suspicious activity would generally be
short visits, usually lasting less than a few minutes from the arrival to departure time. The suspicious activity
could also be a known drug related subject arriving in one (1) car and leaving in another or walking back to
the location under surveillance after leaving in a car and being dropped off about a block or so later.
(21) On Thursday 20 October 2005 Your Affiant (Dale) conducted a controlled purchase of crack-
cocaine, which was delivered by BROTHERS. During this investigation, CI placed anon-recorded call
to HENDERSON for the purchasing. of crack-cocaine. A short time later BR THERS arrived at the CI's
residence, which is in Carlisle Borough, and delivered a small amount of crack-cocaine in exchange for $100.
During this investigation, BROTHERS was observed meeting with Susan McNAUGHTON, a known
substance abuser, near the CI's residence. McNAUGHTON left after a very short exchange with
BROTHERS.
(22) On Monday 24 October 2005 Counter-Drug Surveillance set up surveillance on 173 E Penn St and
suspicious activity was again observed between the residence and cars, which pulled up outside the residence.
Foot traffic was also observed going to and from the residence. Suspicious activity has been defined in
general terms in paragraph twenty (20).
(23) On Tuesday 25 October 2005 Counter-Drug Surveillance set up surveillance on 173 E Penn St and
suspicious activity was again observed between the residence and cars, which pulled up outside the residence.
Suspicious activity has been defined in general terms in paragraph twenty (20).
AOPC 4108-10-24-98
(24) On Thursday 27 October 2005 Your Affiant {Kurtz) was working with Troopers (Tpr) Borza and
Ammons in Carlisle Borough. Tpr Ammons was working with CI ~ and they met with Joyce FELTON,
who is a known substance abuser and convicted felon for drug violations. FELTON went to 437 C St, Carlisle
Borough, with $140 she received from Trp Ammons and returned with crack-cocaine. Your Affiants know
that Tara MIJOCEVIC lives at 437 C St and that BAILEY had previously lived at the address. MIJOCEVIC
is also a known substance abuser.
(25) On Thursday 27 October 2005 Your Affiants conducted a controlled purchase of crack-cocaine,
which was delivered by David Tyrone JOHNSON. During this investigation, CI~ rnade a non-recorded
call to JOHNSON about purchasing crack-cocaine. JOHNSON met with the CI, who was in Carlisle
Borough, and accepted the money and departed the area. Your Affiants kept surveillance on JOHNSON as he
walked to 122 C St, Carlisle Borough, which is where Your Affiants had learned WRIGHT was staying from
reliable cooperating subjects and reliable CI's. Shortly after JOHNSON arrived at 122 C St, WRIGHT was
observed entering the residence after arriving in a gold Nissan Maxima, which was registered to JUMPER.
JOHNSON was observed leaving the residence and walking back to the CI and delivering an amount of
crack-cocaine.
(26) During this time Your Affiants began to learn the depth of the criminal/drug organization being
investigated through the interviews of reliable cooperativing subjects and reliable confidential informants.
HENDERSON and EVANS were the head of the organization with BROTHERS and WRIGHT immediately
under them. JONES, Robert EIi TAYLOR, JOHNSON,.and others were under WRIGHT and BROTHERS.
Your Affiants continued to observe HENDERSON, EVANS, WRIGHT and BROTHERS driving vehicles
registered to HECK, BROWN, JUMPER and others.
(27) On Wednsday 2 November 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES after JOHNSON accepted the money. During the investigation, CI was
.provided with $270 which was given to JOHNSON to purchase crack-cocaine. JOHNSON was observed
walking to the area of 122 C St, entering the residence and departing a short time later. JOHNSON never
returned to the CI's location. with either the money or crack-cocaine. CI then began a series of non-
recorded calls to WRIGHT, who said he would square it with the CI. JONES was observed driving past the
CI telling him/her that he (JONES) would be back. A short time Later WRIGHT drove JONES to the CI's
location in a 2005 Red Nissan Maxima, which is registered to JUMPER. JONES delivered crack-cocaine to
the CL
(28) On Thursday 10 November 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES. During the investigation, CI 1382 made anon-recorded call to JONES and
requested crack-cocaine. JONES arrived in -the area of the CI, which was in Carlisle Borough, in a Ford
Thunderbird, which was registered to Tonya HALL in Hampden Township (Mechanicsburg), PA. JONES
delivered aquantity ofcrack-cocaine in exchange for $200 with the CI.
(29} On Friday 18 November 2005 Your Affiant (Kurtz} .conducted a controlled purchase of crack-
cocaine which was delivered by JONES. During the investigation, CI 1382 made anon-recorded call to
JONES and requested crack-cocaine. JONES arrived in the area of the CI, which was in Carlisle Borough, in
a Ford Thunderbird and delivered a small amount of crack-cocaine in exchange for $200 with the CI.
(30) On Monday 21 November 2005 Your Affiant (Kurtz) conducted a controlled purchase of crack-
cocaine which was delivered by Latoya HARRIS. During the investigation, CI made a recorded call to
WRIGHT and asked fora "quart" (quarter ounce) of crack-cocaine. HARRIS showed up in a white Nissan
Maxima, which was registered to WRIGHT. HARRIS delivered and amount of crack-cocaine in exchange for
$400 with the CI.
31) On Tuesday 29 November 2005 Your Affiants conducted a controlled urchase of crack-cocaine
AOPC 41D8-1D-24-98
which was delivered by BROTHERS. During the investigation, CI ~ made a recorded call to BROTHERS
and requested crack-cocaine. BROTHERS was observed exiting 173 E Penn St, meeting the CI 'in the alley
running between Elm and E Penn (100 bl} Sts, and delivering an amount of crack-cocaine in exchange for
$350 with the CI. BROTHERS was observed driving newer blue Acura sedan, which was registered to Nicole
DAY, who resided on W College Ave in York, PA.
(32) On Friday 2 December 2005 Your Affiant (Dale) interviewed CI~ who related he/she had met•
with HENDERSON, who was in possession of an ounce of crack-cocaine, and he (HENDERSON) had just
cooked up five (5) ounces and would sell quarter (1/4) ounces for $250.
(33) On Friday 2 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine which
was delivered by HARRIS. During the investigation, Cl~inade a recorded call to Harris and ordered
crack-cocaine. HARRIS arrived in the area of the CI, which was in Carlisle Borough, driving a black Dodge
Neon. HARRIS delivered an amount of crack-cocaine in exchange for $400 with the CI.
(34) On Saturday 3 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES. During the investigation, CI! made a recorded call to JONES and
ordered crack-cocaine. JONES arrived in the area of the CI, which was in Carlisle Borough, driving a Green
Pontiac sedan, which was registered to Tawanda HUNTER and Mervin HODGE. JONES delivered a quantity
of crack-cocaine in exchange for $200 with the CI. Your Affiants observed JONES parking the Pontiac sedan
in the 600 block of N Pitt St and walking toward 122 C St, WRIGHT's residence.
(35) On Tuesday 6 December 2005 Your Affiants conducted a controlled purchase ofcrack-cocaine
which was delivered by BROTHERS. During the investigation, CI ~ made a recorded call to BROTHERS
and ordered crack-cocaine. BROTHERS arrived in the area of the CI, which was in Carlisle Borough, driving
the Acura sedan (mentioned in paragraph twenty-nine (29)). BROTHERS delivered an amount of crack-
cocaine in exchange for $400 with the CI.
(36) On Thursday 8 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES. During the investigation, CI ~ rnade a recorded call to WRIGHT and
ordered crack-cocaine. JONES arrived in the area of the CI, which was in Carlisle Borough, in an
unknown unidentified car. JONES delivered an amount of crack-cocaine in exchange for $250 with the CI.
I~ (37) On Thursday 8 December 2005 Your Affiants conducted an attempted purchase of crack-cocaine
', from WRIGHT. After the controlled buy listed in paragraph thirty-three (33), Your Affiants met with CI
~'~I ~ who made a recorded call to WRIGHT to order crack-cocaine. WRIGHT told the CI he (WRIGHT)
was cooking it up and to wait. WRIGHT never appeared to make a delivery.
(38) On Tuesday 13 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES. During the investigation, CI ~nade a recorded call to JONES and
ordered crack-cocaine. JONES arrived in the area of the CI, which was in Carlisle Borough, in a Ford
Aerostar mini-van driven by Eric CLARK, aka Eric BROWN. JONES delivered a small amount of crack-
cocaine in exchange for $250 with the CL
(39) On Thursday 15 December 2005 Your Affiants interviewed a cooperating subject ~ referred to
as CS in this paragraph, who related the following information about HENDERSON and EVANS: The CS
knew HENDERSON for about five (5) years and was familiar with HENDERSON and EVANS' drug
activity, mostly the distribution of cocaine, crack-cocaine and marihuana. The CS had sold HENDERSON
quarter kilogram seized, about nine (9) ounces, of cocaine on a regular basis. Before being arrested in
November, 2004, the CS was approached by HENDERSON and EVANS about the purchase of a "kilo", over
two (2) pounds, of cocaine. This deal was never completed between the CS and HENDERSON or EVANS.
The CS witnessed HENDERSON possessing a 9mm handgun, ~~hich HENDERSON said he possessed to
ADPC 4106-10-2498
protect himself from other drug dealers, after approximately eight (8) shots were fired at HENDERSON at his
residence at 173 E Penn St, see paragraph six (6). The CS was aware HENDERSON was living in the
Harrisburg area, but did not know the location. The CS indicated HENDERSON frequently switched cellular
phone numbers, vehicles and addresses that he stored product (controlled substances) and proceeds
(U.S.Currency) at to avoid detection and theft.
(40) On Friday 16 December 2005 Your A~ants conducted a controlled purchase of crack-cocaine which
was delivered by BROTHERS. During the investigation, CI~made a recorded call to BROTHERS, .who
told the CI to come past the house. Agent Vaughn Turner was on surveillance and observed BROTHERS
exiting 173 E Penn St to make the delivery of crack-cocaine in exchange, for $3 50 with the CI.
(41) On Tuesday 20 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by WRIGHT. During the investigation, CIS made anon-recorded call to WRIGHT
and ordered crack-cocaine. Your Affiant (Dale) was on surveillance at 122 C St observed a black Chevrolet
Tahoe registered to JUMPER at the address. WRIGHT arrived in the area of the CI, which was in Carlisle
Borough, driving the Tahoe. WRIGHT delivered an amount of crack-cocaine in exchange for $350 with the
CI. Your Affiant (Dale) observed the Tahoe at 122 C St after the controlled delivery from WRIGHT.
(42) On Tuesday 20 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine
which was delivered by JONES. During the investigation, CI~ made a non-recorded call to JONES, who
told the CI to come by 437 C St. Surveillance was set up on 437 C St, and observed the CI walking up to the
residence and meeting JONES on the front porch. JONES entered 437 C St after the delivery ofcrack-cocaine
in exchange for $200 with the CI.
(43) On Friday 23 December 2005 Patrolman (Ptlm) Daniel Parson, Carlisle Police Department, arrested
JONES and CLARK after observing CLARK driving on a suspended license. JONES was in possession of
crack-cocaine for distribution. During this investigation Corporal- (Cpl) Stephen Latshaw answered a phone
call made to JONES' cellular phone for an order of crack-cocaine. Cpl Latshaw met with Kim STAMY at the
Hanover Springs Market, where she had arrived to purchase crack-cocaine from JONES.
(44) On Friday 23 December 2005 Your Affiants conducted a controlled purchase of crack-cocaine which
was delivered by WRIGHT. During the investigation, CI-made a recorded call to WRIGHT and ordered
crack-cocaine. WRIGHT arrived in the area of the CI, which was in Carlisle Borough, driving the black
Tahoe and delivered an amount of crack-cocaine in exchange for $300 with .the CI.
(45) On Tuesday 10 3anuary 2006 Your Affiant (Kurtz) received a call from Agent Nidy, Brevard County
Sheriff s Office, Fl about BROTHERS purchasing two (2) stolen firearms and possibly bringing them back to
PA. The firearms were assault style rifles and handguns that had been reported stolen in a burglary in Florida.
BROTHERS was alleged to be in Florida over Christmas.
(46) On Wednesday 11 January 2006 Your Affiant and Agent Keith Keirkowski, interviewed a
cooperating subject (H.T.), referred to as CS in this paragraph. The CS indicated the BROTHERS had driven
to the Titusville, Fl area (in Brevard County) over the Christmas 2005 and later flew back to PA.
BROTHERS left the blue Acura sedan, refer to in paragraphs thirty (30) and thirty-four (34), in Florida. The
CS was not aware of BROTHERS purchasing-any guns or running drugs back to the Carlisle area from FL.
(47) On Wednesday 11 January 2006 Your Affiant (Kurtz) saw BROTHERS driving an older model
Chrysler New Yorker sedan that was registered to Dana DREW of 142 W Penn St, Carlisle Borough. DREW
was later found to be BROTHERS new girlfriend and he occasionally resides at her residence. Det Ronald
Egolf, Carlisle Police Department, also began receiving complaints about BROTHERS being at DREW's
residence and an increased amount of foot traffic to and from the residence when he was around. Det Egoif
forwarded this information to Your Affiants.
AOPC 4108-10-24-98
(48) On Friday 13 January 2006 Your Affiants conducted a controlled purchase of crack-cocaine which
was delivered by HENDERSON. During the investigation, CI =made a recorded call to
HENDERSON and ordered crack-cocaine. HENDERSON told the Ci to go to 173 E Penn St, Carlisle
Borough, where HENDERSON delivered a quantity of crack-cocaine in exchange. for $S00 with the CI.
HENDERSON was observed driving a dark green Volkwagon Jetta away from the location.
(49} On Friday 13 January 2006 Your Affiants attempted to purchase crack-cocaine from HENDERSON
again in the day, during which time Your Affiant (Kurtz) went to 4113 Cypress Rd, Lower Paxton Township,
Dauphin County and observed the red Chevrolet Caprice registered to HECK in the parking lot.
HENDERSON kept putting the CI off and this attempt was later terminated.
(50) On Wednesday 18 January 2006 Your Affiant (Kurtz) was present with Sgt Dzezinski, when
HENDERSON was stopped driving a 1998 Pontiac Grand Prix registered to BROWN in Chambersburg.
Pursuant to the traffic stop HENDERSON was charged with a summary driving under suspension violation.
The Pontiac Grand Prix was towed to the Carlisle Borough Police Department until the owner could be
contacted to come and pick the car up.
(51) On Tuesday 24 January 2006 pursuant to a K-9 alert by K-9 Eagle, handled by Corporal (Cpl)
William D Miller, a sealed search warrant was approved and executed on the Pontiac Grand Prix, refered to in
paragraph forty-nine (49}. Your Affiants recovered hotel and other receipts from the Carlisle area to State
College, Centre County, PA as well as taxi cab tickets from Orlando International Airport. Although no drugs
or illegal contraband were found, from Your Affiants' training and experience the receipts were useful in
showing travel to and from known drug locations and where controlled substances are routinely used. The
presence of hotel/motel receipts a short distance away from a person's known or listed address, is also
significant in that Your Affiants know dealers of illegal controlled substances general use hotel rooms for
receiving and distributing illegal controlled substances.
(52) On Tuesday 7 February 2006 Your Affiants conducted a controlled purchase of crack-cocaine which
was delivered by BROTHERS. During the investigation, CI made anon-recorded call to
BROTHERS, who said he would meet the CI at or near the Dolly Coin Wash in N Middleton Township.
BROTHERS later changed the location to behind the Hess Station in the area of Clay and Hamilton Sts,
Carlisle Borough. BROTHERS delivered an amount of crack-cocaine in exchange for $100 with the CI.
BROTHERS was observed driving a 2004 green Chevrolet Trailblazer, which is registered to Dana DREW at
142 W Penn St, Carlisle Borough.
(53) Around this time in February 2006 State Parole Officer (P.O.) Johns informed Your Affiants that
BROTHERS had changed his address from 20 Gobin Dr, Carlisle Borough to 142 W Penn St, Carlisle
Borough.
(54) On Thursday 16 February 2006 Your Affiant (Kurtz) and Trp Borza conducted a controlled purchase
of crack-cocaine which was delivered by BROTHERS. During the investigation, CI = made a non-
recorded call to BROTHERS, who said he would meet the CI at or near the Dolly Coin Wash in N Middleton
Township. BROTHERS later met with the CI, picked the CI up in the Trailblazer, mentioned in paragraph
forty-nine (49) and drove to the 1St Union Bank lot and delivered an amount of crack-cocaine in exchange for
S40 with the CL
(55) During the week of 20 February 2006 Your Affiant (Kurtz) was conducting an unrelated surveillance
detail and observed BROTHERS and WRIGHT moving furniture into 91 B St, Carlisle Borough. Also
present was HENDERSON, Robert Eli TAYLOR and Zach BROWN. Later that day Your Affiants received
information that BROTHERS had moved into 91 B St from 173 E Penn St.
AOPC 4108-1 D-24-98
__--
(56) On Sunday 12 March 2006 Your Affiant (Dale) received information from CI that
WRIGHT was in Florida picking up at least two (2) kilo, over four (4) pounds, of cocaine and that WRIGHT
was driving the maroon Maxima, referred to in paragraph twenty-six (26). Your Affiants each worked the
weekend and noted the absence of the maroon Maxima and WRIGHT.
(57) On Monday 13 March 2006 Your Affiant (Dale) received information WRIGHT had returned with
the Maxima and the cocaine. Your Affiant (Dale) confirmed the information by observing the Maxima parked
at 122 C St, Carlisle Borough.
(58) On Monday 13 March 2006 Your Affiant (Kurtz) conducted surveillance at 4113 Cypress Rd, Lower
Paxton Township and observed both the red Chevrolet Caprice and the black Chevrolet Tahoe, both
registered to HECK, at the address.
(59) On Monday 20 March 2006 Your Affiants conducted a controlled purchase of crack-cocaine wich
was delivered by by BROTHERS. During the investigation, placed a recorded call to
Henderson, who told the CI to call his brother, Jermaine HENDERSON, as he (S HENDERSON) was in
Chambersburg. Upon calling J HENDERSON, the CI was told to go to 173 E Penn St to meet him (J
HENDERSON). Upon arrival at 173 E Penn St, the CI discovered J HENDERSON was not there but at 91 B
St. Upon arriving at 91 B St, the CI eventually met with BROTHERS who delivered an amount of crack-
cocaine in exchange for $550 with the CI.
(60) On Monday 20 March 2006 Your Affiant (Kurtz) observed J HENDERSON driving a light green
1987 Chevrolet Caprice which still has the temporary PA registration in the back window. Your Aff ants
noticed the Caprice parked on B St during the controlled delivery mentioned in paragraph fifty-eight (58) and
later at 173 E Penn St.
(61) On Tuesday 21 March 2006 Your Affiants travelled to 1024 WarmSpring Rd, Lot 40, outside of
Chambersburg, Franklin County, and observed a 2000 maroon Lincoln sedan and a gray 2002 Lincoln
Navigator parked outside the trailer. Both vehiclces are routinely driven by EVANS, HENDERSON and
BROTHERS.
(62) On Tuesday 21 March 2006 Your Affiants travelled to 4113 Cypress Rd, Lower Paxton Township,
Dauphin County and observed both the red Chevrolet Caprice and the black Chevrolet Tahoe, registered to
HECK in the parking lot.
(63) On Wednesday 22 March 2006 Your Affiant (Dale} interviewed a reliable cooperating subject (H.L),
referred to as CS in this paragraph, who related the following information about HENDERSON, WRIGHT,
BROTHERS and Eric SEIGLER, who is also from Titusville, Fl. The CS had purchased crack-cocaine from
HENDERSON in half (1/2) ounce quantities at least five (5) different times as well as a handgun. The CS
said HENDERSON is the primary supplier to WRIGHT, BROTHERS and SEIGLER. The CS has been
present inside 122 C St, where WRIGHT and JUMPER live and observed half (1 /2} kilo, over one (1 }pound,
of cocaine and large sums of currency, which where hidden in various locations of the residence. The CS
knew that WRIGHT and JCJMPER were the victims of an unreported home invasion/robbery by unknown
actors in an attempt to steal WRIGHT's product or money. The CS was aware that WRIGHT has since
transferred his "stash" house to Sam FELTON's residence at 525 N Pitt St. The CS also said the BROTHERS
was living at 91 B St and this is an active drug house with SEIGLER operating from here at times. Jermaine
HENDERSON is now living and operating from 173 E Penn St.
(64) From Monday 20 March 2006 to Wednesday 22 March 2006 Counter-Drug Surveillance was
established in the area of N Pitt and B Sts, Carlisle Borough. During this time, numerous suspicious activities
were observed in and around 91 B St. Present during this time was Tammy "Sam" FELTON, who was
observed walking to and from 91 B St. Different cars pulled up with persons leaving cars and walking
AOPC 4108-10-24-98
alongside 91 B St, out of view for about one (1) minute before returning to their cars and leaving. .
(65) On Thursday 23 March 2006 Your Affiant (Kurtz) assisted Trp Borza with an undercover purchase
ofcrack-cocaine in the area of N Pitt and B Sts. Tpr Borza met with two (2) unwitting subjects, one (1) white
male and one (1 }black male, in Carlisle Borough. The black male, later identified as Charles DARDEN,
accepted $170 from Tpr Borza and exited the undercover vehicle. DARDEN was observed meeting with two
(2) black males, who were identified by Your Affiants as Fernando BARNES and Eric SEIGLER. After the
deal was completed BARNES returned to the area of 91 B St.
(66) On Friday 24 March 2006 Your Affiant (Kurtz) conducted surveillance on 1024 WarmSpring Rd,
Lot 40, Chambersburg, Franklin County. Present at the location were the two (Z) Lincolns, referred to in
paragraph sixty (60) and the light green Chevrolet Caprice sedan, referred to in paragraph fifty-nine (59).
(67) During the time Your Affiant (Kurtz) was in Chambersburg, Your Affiant (Dale) was meeting with
CI 3-002-06 and attempting to make a recorded call to HENDERSON. CI as able to confirm that
Shannon and Jermaine HENDERSON and EVANS were all at 1024 Warm prang Rd, Lot 40.
(68) On Friday 24 March 2006 Your Affiants later in the day met with CI~ who made a
recorded call to Jermaine HENDERSON, who instructed the CI to come by 173 E Penn St. The CI was
observed arriving in the area of 173 E Penn St and going inside via a side door which is on N East St and
exiting through .the same door a short time later. Jermaine HENDERSON delivered an amount of crack-
cocaine in exchange for $500 with the CI.
(69) Your Affiants request a search warrant based on the above probable cause for the locations described
on the lst page and within the Affidavit of Probable Cause for the Ite~rns to Be Searched for and Seized as
listed on the Continuation Page of Application for the Search Warrant.
(70) After the serving of the search warrants, the investigation will continue using confidential
informants, undercover officers, cooperating subjects, if their identity would be revealed would endanger
their lives and safety and frustrate the on-going investigation, if the affidavit of probable cause was not
sealed. Moreover a concurrent Federal investigation would be jeopardized if the details~sted i~,the Affidavit
of Probable Cause were made public. 4 c-;;
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1, THE AFFIANT EING ULY ORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE AFFIDAVIT ARE
UE ORR CT T T F~MY KNOWLEDGE, INFORIV~ATION AN BELIEF.
~• ~~i ~ ~~ (SEAL
nature Dafe issuin Autho Si nature Date :~ ~" ~:( ~.
Pa a Zof es
A TRUE COPY FRAM RECORD
Testimony whereof, {here unto set my hand
and the ~l of said Court at Carlisle, PA~I ,,
~ig,~.day of , 20L6.~
"'~`" TCVerk of the Court
AOPC 4106-1G-2498 /~/J~ Cumberland County
Commonwealth of Pennsylvania
COUNTY OF Cumberland
RETURN of SERVICE
AND INVENTORY
Docket Number Police Incident Warrant Control
(Issuing Authority): Number: CAR 05-10-1006-4 Number:
Date of Search: Time of Search: Properly Seized as result of Search (Y/N):Y
03.31.2006 0600
Date of Return: Tirne of Return: Officer making Return:
Det Kurtz
~~#9tA'!xLk!JC!7X~M4'5'!.<'.m.ri''45?!kaP4i6'~s'.i:NSLr~.'Y!2k!!~1!~?4d"d~i F.'3~4£~2X!:~5~!`?~k)_9MR~'17&41X.:Y~:~k`AMKd'.?i~i4; bY:!:'iG.%.Y9Y,°.iH31&.'SR`..er"~.'..:.~L4'r~*i{UXc°.~.:bPkS:i!?A~YEr4k:R+'°:'btt&SikP.# 375. #/A'A9ii".'~7:d:dfie.:A~?i?d#.!AL ..
Signature of Person Seizing Propeli~: ~ / ~ .`~-~-r~/7
Other Officers Participating in Searcl,~!~~'i?~G, FBI
Pa.im.P. Ckapter 2, Part A. SEARCH WARRANTS
Rule 202. Approval of Search Warrant Application y Attorney for the Commonwealth - Loca! Option.
(a) The District Attorney of any county may require that search warrant applications filed in the county have the approval of an attorney for the
commonwealth priorto filing. A TRUE COPY FROM RECORD
In Testimony whereof, !here unto set my hand
Rude 204. Person To Serve Warrant Said urt at Carlisle
A search warrant shall be served by a law enforcement officer. and /~P , PA.
Rule 205. Contents of Search Warrant This f (//r~' ~ 2
Each search warrant shall be signed by the issuing authority and shall:
(a) specify the date and time of issuance;
(b) identify specifically the property to be seized; C erk of the Court
(c) name or describe with particularity the person or place to be searched; mberland County
(d) direct that the search be executed within a specified period of time, not to exceed 2 days from the time of issuance;
(e) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, PROVIDED THAT, for purposes of the Rules of Chapter
2, Part A., the term "daytime" shall be used to mean the hours of 6 a.m. to 10 p.m.;
(f) designate by title the judicial officer to whom the warrant shall be returned;
{g) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written
affidavit(s) attached to the warrant; and
(h) when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 21 I and state the length of
time the affidavit{s) will be sealed.
Rule 20~ Contents of Application for Search Warrant
Each application for a search warrant shall be supported by written affidavit(s) signed and sworn to or affirmed before an issuing authority, which
affidavit(s) shall:
(a} state the name and department, agarcy, or address of the affiant;
(b) identify specifically the items or property to be searched for and seized;
(c) name or describe with particularity the person or place to be searched; ~
(d) identify the owner, occupant, or possessor of the place to be searched; ~ ~
(e) specify or describe the crime which has been or is being committed; r,i•-, ~ -, ~,~..,
(fj set forth specifically the facts and circumstances which form the basis for the affiant's conclusion that there is probab'le~eatrse tgrbelieve that items
or property identified are evidence or the fruit of a crime, or are contraband, or are otherwise unlawfully possessed or_suh}ect to°s~xzure, and ~ these
items or property are located on the particular person or at the particular place described; ~ ~.
(g) if a "nighttime" search is requested (i.e., 10 p.m. to 6 a.m.), state additional reasonable cause for seeking permission io`search in~the nightt n , rid
(h) when the attorney for the Commonwealth is requesting that the affidavit(s) be sealed pursuant to Rule 211, state the 1`atts and cir~mstancich are
•-; ..
alleged to establish good cause forthe sealing ofthe affidavit(s). ~ ,~•, ; :' .,~
,_;
Rule 208. Copy of Warrant; Receipt for Seized Property. ~--~- ~~ --
(a} A law enforcement officer, upon taking property pursuant to a search warrant, shall leave with the person from whorn.,si: t`tom whose premises the
property was taken a copy ofthe warrant and affidavit(s) in support thereof, and a receipt for the property seized. A;cQpy of th~arrar-t and
affidavit(s) must be left whether or not any property is seized. ~
(b) If no one is present on the premises when the warrant is executed, the officer shall leave the documents specified in paragraph (a) at a conspicuous
location in the said premises. A copy ofthe warrant and affidavit(s) must be left whether or not any property is seized.
(c) Notwithstanding the requirements in paragraphs (a) and (b), the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule
211.
Rule 209. Return with Inventory.
(a) An inventory of items seized shall be made by the law enforcement officer serving a search warrant. The inventory shall be made in the presence of
the person from whose possession or premises the property was taken, when feasible, or otherwise in the presence of at least one witness. The officer
shall sign a statement on the inventory that it is a true and correct Iisting of all items seized, and that the signer is subject to the penalties and
provisions of 18 Pa.C.S. Section 4904(b) - Unsworn Falsification to Authorities. The inventory shall be returned to and filed with the issuing
authority.
(b) The judicial officer to whom the return was made shall upon request cause a copy ofthe inventory to be delivered to the applicant for the warrant and
to the person from whom, or from whose premises, the property was taken.
(c) When the search warrant affidavit(s) is sealed pursuant to Rule 2l 1, the return shall be made to the justice or judge who issued the warrant.
m -3 ~ ,~x:. I- ~ r t _... A S i ' ' sa n . p'+w'. ~ "S<!T'r -#.: ass: ab l1 *, -;5 r ..~{~ .Y x„a' vt. ~ '['' ; ~ .,4 ..~'~ ~.~ a -.
THE LAW ENFORCEMENT OFFICER SHALL MAKE ALL RETURNS TO THE ISSUING AUTHORITY
DESIGNATED ON THE SEARCH WARRANT.
A COPY OF THlS FORM. WHEN COMPLETED. IS TO BE ATTACHED TO EACH COPY OF THE SEARCH WARRANTS/AFFIDAVIT
Commonwealth of Pennsylvania RECEIPT /INVENTORY
OF SEIZED PROPERTY
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Docket Number Police Incident Warrant Control
(Issuing Authority) Number Car 05-10 1006 '~' Number.
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Det Eric Dale / Det Jeff Kurtz Carlisle Police Department 2718 / 2705
Affranf Agency orAddress if privafe affiant Badge No.
The following property was taken /seized and a copy of this Receipt /Inventory with a copy of the Search
Warrant and affidavit(s) (if not sealed) was _ _
~ personally served on (name of person) T~/9 /~/.lC3 ~c=1~~'G-
^ was left at (describe the location) 1~~ 7 `' L' a ~r~~ T
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Item Quantity Item Make, Model, Serial No., Color, etc.
Number Description
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1/we do hereby state that this inventory is to the best of my/our knowledge and belief a true and correct listing of all items seized, and that I/we
o the penalties and provisions of Title 18 Pa.C.S. 4904(b)-Unswom Falsification to Authorities.
sign this Receipt /Inventory subje
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At~liation Bad a or Title
S- ure of erson Issuin i;!ecei t / Invento Printed Name
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Si ature o Witness Printed Name Affiliation Bad or Title
Sf at f p n making Search Printed Name Af~liafion Badge or Title
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EXHIBIT 2
f•
CUMBERLAND COUNTY
OFFICE OF THE DISTRICT ATTORNEY
DAVID J. FxEED
DIST~ICr ATmRrrEY
January 9, 2007
Tara Mijocevic
437 C Street
Carlisle, 17013
Re: Drug-Related Nuisance
Dear Ms. Mijocevic,
We are aware that you are residing at the property of 437 C
Street, Carlisle, Pennsylvania which is being held in trust for
you by the TMM Living Trust. As the primary resident, you have
certain responsibilities for the property.
I am advising you that we consider 437 C Street a "drug-
related nuisance." "Drug-related nuisance" is defined in 42
Pa.C.S.A. §8381, et. seg. (otherwise known as the Drug Nuisance
Law), as "the use of any property, in whole or in part, which
facilitates or is intended to facilitate any violation of the
The Controlled Substance, Drug, Device and Cosmetic Act 35 P.S.
§ 780-101 et se~C., or similar act of the United States or any
other state."
The Drug Nuisance Law allows certain persons, to include
the Office of the District Attorney, to file a civil action to
abate the nuisance. Possible penalties include, but are not
limited to a fine of not less than $500.00 and no more than
$10,000.00, and/or sealing of the property until the nuisance is
abated,
Please be aware that we are not accusing anyone of a
crime, nor have we initiated any legal action at this time.
This is purely civil in nature. However, we are warning you as
the primary resident, that the property of 437 C Street is being
used to facilitate violations of The Controlled Substance, Drug,
Device and Cosmetic Act. We are asking you to take steps to
abate the nuisance yourself. Failure to do so may result in our
office initiating a civil action against you and the trustee to
abate the nuisance.
CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
PxorrE: (717) 240-6210 (717) 697-0371 x6210 (717) 532-7286 x6210 FAx: (717) 240-6164
e-mail: districtattorney@ccpa.net
Tara Mijocevic
.January 9, 2007
Page Two
Specific complaints against the property include, but are
not limited to: 18 police calls since March 2005 till December
2006, undercover officers meeting an individual at the residence
for a controlled buy of illegal narcotics, numerous fights and
domestic calls relating to the property, a crack pipe seized
from persons visiting the residence, two federal and local
warrants served at the residence, known drug-users/dealers
visiting the residence at all hours of the night, numerous
neighborhood complaints, fear of residents to walk through the
area, increased volume of vehicular traffic, and increased
noise. Details can be provided at your request.
Specific actions you can take as primary resident include:
tolerating no drug-related activity at the residence, limiting
foot and vehicular traffic to legitimate visitors only, refrain
from excessive noise at the residence to include verbal
arguments, and banning known drug-dealers/users from the
residence to include Stacy Owens, Johnny Wright, Tommy Davis,
Vicki Short, and Anthony Davis.
Should citizen complaints and police calls cease during a
period of 30 days from the date you receive this letter, no
further action will be taken. Should they continue, our office
may file an abatement action. Lastly, I must also advise you
that under the Drug Forfeiture Act, 42 Pa.C.S.A. § 6801 et sew.,
the Commonwealth may be able to seize and forfeit the property
of 437 C Street, should it be used to facilitate delivery of
illegal narcotics in the future.
Tara Mijocevic
January.9, 2007
Page Three
Hopefully, you will be able to successfully address this
issue without further need of any legal action on our part.
Please feel free to contact me at (717) 240-6210 should you have
any questions.
Matthew P. Smith
Senior Assistant District Attorney
cc: Carlisle Police Department
EXHIBIT 3
A~`~ti;
~~~~
cam,
Hans Mijocevic
27 Dannah Dr
Carlisle, PA 17015
Tara Mijocevic
437 C. Street
Carlisle, PA 17013
10 January 2007
Tara,
Please be advised that the following people are not allowed on the property of
437 C Street, Carlisle PA. Stacy Owens, Johnny Wright, Tommy Davis, Vicki
Short and Anthony Davis. Listed persons are known Drug dealerslusers. All
drug/drinking related activities are forbidden on this property. Any criminal
activity will not be tolerated tornclude noise and verbal altercations with
neighbors. Any violation in the above will result in eviction and the house will be
sold.
`-~~~. \
, ~.
. ~ ~++ans INijocevi~
~ ~ TMM Living Trutt
• Trustee
., ,
_ • -, .... .. ~j
C ~ ~.
` ~ \
~ ~,~~ ;~ ~ ~; ~ 7
L/L d b9L98~Z LLL «
9Z~OL 6L-L
EXHIBIT 4
CUMBERLAND COUNTY
OFFICE OF TI-IE DISTRICT ATTORNEY
DAVID J. FREED
DISTRICT ATTORNEY
Hans Mijocevic
27 Dannah Drive
Carlisle, 17013
January 24, 2007
Re: 437 C Street, Carlisle, Pa. 17013
Dear Mr. Mijocevic:
Thank you for faxing me th
daughter and for speaking to me
we both know, there was another
on Friday, January 19, 2007.
letter you provided to your
on the phone. Unfortunately, as
incident involving 437 C Street
At approximately 11 o'clock on Thursday morning,
January 18, 2007, neighbors called in to complain of excess
vehicular traffic and noise involving the property. No action
was taken at the time, but then neighbors called in at
approximately one o'clock the following Friday morning. Police
stopped a known vehicle outside of the residence. Inside the
vehicle were Tommy Davis and Jennifer Conrad. A crack-pipe was
recovered. Further, inside the residence, two marijuana
"roaches" and a crack-punch were recovered. Also in the
residence was Lisa Smallwood. Your daughter was issued a
summons for possession of drug paraphernalia and possession of a
small amount of marijuana.
Obviously if this behavior continues, we will be forced to
take action. The letter you provided to your daughter was an
excellent start. Perhaps, if we continue to pressure her, we
can change her behavior. If you wish more specifics, feel free
to contact me again.
Matthew P. Smith
Senior Assistant District Attorney
CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
PHONE: (717) 240-6210 (717) 697-0371 x6210 (717) 532-7286 x6210 FAx: (717) 240-6164
e-mail: districtattorney@ccpa.net
EXHIBIT 5
CUMBERLAND COUNTY
OFFICE OF THE DISTRICT ATTORNEY
DAVID J. FREED
DISTRICT ATroRrrEY
January 24, 2007
Tara Mijocevic
437 C Street
Carlisle, 17013
Re: Drug-Related Nuisance
Dear Ms. Mijocevic:
At approximately ll o'clock on Thursday morning,
January 18, 2007, neighbors called in to complain of excess
vehicular traffic and noise involving your property. No action
was taken at the time, but then neighbors called in at
approximately one o'clock the following Friday morning. Police
stopped a known vehicle outside of the residence. Inside .the
vehicle were Tommy Davis and Jennifer Conrad. A crack-pipe was
recovered. Further, inside the residence, two marijuana
"roaches" and a crack-punch were recovered. Also in the
residence was Lisa Smallwood. You were issued a summons for
possession of drug paraphernalia and possession of a small
amount of marijuana.
Obviously if this behavior continues, we will be forced to
take action. You must not associate with know drug-
dealers/users, or allow your residence to be used as a haven.
If you require assistance keeping undesirable persons off of
your property, please contact the Carlisle Police department.
Matthew Smith
Senior Assistant District Attorney
cc: Carlisle Police Department
File
CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, P.q ~ 7013
PHONE: (7 ] 7) 240-62 ] 0 (7l 7 j 697-0371 x6210 (717) 532-7286 x62 ] 0 Fa,x: (7 ] 7) 240-6164
e-mail: districtattorney@ccpa.net
EXHIBIT 6
CUMBERLAND COUNTY
OFFICE OF THE DISTRICT ATTORNEY
DAVID J. FxEED
DISTRICT ATroRrrEY
April 23, 2007
Hans Mijocevic
27 Dannah Drive
Carlisle, 17013
Re: 437 C Street, Carlisle, Pa. 17013
Dear Mr. Mijocevic:
I know this is a difficult situation for you concerning
your daughter. Unfortunately, bath of our efforts have not
proven a deterrent to your daughter. The 437 C Street. property
is still being used for illegal drug activity and police have
evidence of drug sales out of that property.
Although we have discussed the fact that you have been
dealing with your daughter's substance abuse issues for some
time, you, as property owner, have officially known about this
activity since our letter dated January 9, 2007.
We may take legal action under three statutes: The Drug
Nuisance Law, 42 Pa.C.S.A. §8381, et. s_e~c., The Expedited
Eviction of Drug Traffickers Act, 35 P.S. §780-151, et. sec..,
and The Controlled Substance, Drug, Device and Cosmetic Act 35
P.S. §780-101 et se Possible penalties include fines,
eviction, and even forfeiture of the property.
We ask you now to take action and evict Tara Mijocevic from
the 437 C Street property. We will give you 30 days to effect
this action. Failure to do so will force us to act.
We know this is a difficult situation, but it is materially
affecting the residents of the 400 block of C Street and cannot
CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
PHONE: (717) 240-6210 (717) 697-0371 x6210 (717) 532-7286 x6210 FAx: (717) 240-6164
e-mail: districtattorney@ccpa.net
Hans Mijocevic
April 23, 2007
Page Two
be allowed to continue. Please contact me to discuss what
actions you will take.
Matthew P-. Smith
Senior Assistant District Attorney
cc: Carlisle Police Department
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DAVID J. FREED,
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V. .
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO . (~'] -Jr'1'~7'1 ~ i yr l ~ 1~~''~
MOTION FOR EXPEDITED HEARING
AND NOW comes the District Attorney of Cumberland County,
David J. Freed, Esq., by and through Senior Assistant District
Attorney Matthew P. Smith, respectfully avers as follows:
1. District Attorney of Cumberland County, David J. Freed,
Esq., by and through Senior Assistant District Attorney Matthew P.
Smith, has filed an action for partial eviction and abatement of a
drug nuisance.
2. According to 35 P.S. §780-155 and 164(a), the Court has 15
days to hold a hearing on the eviction matter.
3. The abatement action does not have the same expedited time
constraints as the eviction action; however, the actions are
similar, as is the requested relief.
4. One consolidated hearing within the parameters of the
expedited hearing on both matters would effectuate the legislative
intent behind both laws, ensure judicial economy, and bring relief
to an ongoing situation.
WHEREAS, the Honorable David J. Freed respectfully requests
This Honorable Court to consolidate both actions into one expedited
hearing and schedule said hearing within 15 days of the filing of
the complaint.
Respectfull submitted,
Mat hew P. Smith, Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
OF CUMBERLAND COUNTY
CIVIL ACTION
V. .
TMM LIVING TRUST
CIVIL NO.
CERTIFICATE OF SERVICE
I, District Attorney of Cumberland County, David J. Freed,
Esq., by and through Senior Assistant District Attorney Matthew P.
Smith, Esq., certify that I have served a copy of COMPLAINT FOR
PARTIAL-EVICTION AND ABATEMENT OF A DRUG-RELATED NUISANCE in the
above captioned matter to Hans Mijocevic, 27 Dannah Drive,
Carlisle, Pennsylvania 17013 on October 2007 by hand delivery.
Date
Matthew P. Smith, Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
Hans Mijocevic
27 Dannah Drive
Carlisle, Pa 17013
DAVID J. FREED,
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V. .
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CIVIL NO.
CERTIFICATE OF SERVICE
I, District Attorney of Cumberland County, David J. Freed,
Esq., by and through Senior Assistant District Attorney Matthew P.
Smith, Esq., certify that I have served a copy of COMPLAINT FOR
PARTIAL-EVICTION AND ABATEMENT OF A DRUG-RELATED NUISANCE in the
above captioned matter to Hans Mijocevic, 27 Dannah Drive,
Carlisle, Pennsylvania 17013 on October 2007 by hand delivery.
Date
Matthew P. Smith, Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
Hans Mijocevic
27 Dannah Drive
Carlisle, Pa 17013
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DAVID J. FREED, .
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V. .
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07 - 5777 CIVIL TERM
MOTION FOR WITHDRAWAL OF COUNT ONE - PARTIAL EVICTION
AND NOW comes the District Attorney of Cumberland County,
David J. Freed, Esq., plaintiff, by and through Senior Assistant
District Attorney Matthew P. Smith, Esq., avers the following:
1. The plaintiff respectfully requests permission of the Court
to withdrawal COUNT ONE-PARTIAL EVICTION and proceed on COUNT TWO-
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2. The Plaintiff respectfully requests an order granting a
hearing on COUNT TWO-ABATEMENT.
WHEREFORE, plaintiff respectfully requests the Court to grant
the motion to withdrawal COUNT ONE-PARTIAL EVICTION and to order a
hearing on COUNT TWO-ABATEMENT.
Respectfully submitted,
Mat ew P. Smit Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
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DAVID J. FREED, .
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V. .
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
07 - 5777 CIVIL TERM
ORDER
AND NOW this 6~~~y of October, 2007, the plaintiff s
request to withdraw COUNT ONE-PARTIAL EVICTION and proceed on COUNT
TWO-ABATEMENT is GRANTED. A hearing on~CO_UNT TWO-ABATEMENT in the
above captioned matter shall be held on ~n'~s~ at ~~,^~
in courtroom number ti ~
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Matthew P. Smith, Esq.
Senior Assistant District Attorney
Attorney ID # 89552
One Courthouse Square
Carlisle, PA 17013
Hans Mijocevic , ,A;~,~
27 Dannah Drive M"" 0~,~0`~
Carlisle, Pa 17013 i~
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DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
OF CUMBERLAND COUNTY
V. .
TMM LIVING TRUST
07 - 5777 CIVIL TERM
AGREEMENT
THIS SEETTLEMENT AGREEMENT ("AGREEMENT") is made and entered
into this ~'7~day of October, 2007 between the TMM Living
Trust, in the person of Hans Mijocevic as Trustee with the
authority and power to do so, and The Honorable David J. Freed,
District Attorney of Cumberland County, Pennsylvania.
WHEREAS, on October 3, 2007, The Honorable David J. Freed,
District Attorney of Cumberland County, Pennsylvania, filed suit
against TMM Living Trust in order to Abate a drug-related
nuisance; and
WHEREAS, the TMM Living Trust, in the person of Hans
Mijocevic as Trustee, does not specifically admit the
allegations contained in the suit, but does admit a drug-related
nuisance exists at 437 C Street, Carlisle, Pennsylvania, 17013,
and, therefore, agrees to the relief sought and further agrees
to the entering of an Order to effectuate same; and
WHEREAS, the parties desire that all matters in controversy
among them be finally resolved and determined amicably without
the necessity of further proceedings.
NOW THEREFORE, in consideration of the mutual exchanges and
promises hereinafter set forth and intending to be legally bound
hereby, the TMM Living Trust, in the person of Hans Mijocevic as
Trustee with the authority and power to do so, and The Honorable
David J. Freed, District Attorney of Cumberland County,
Pennsylvania agree as follows:
1. TMM Living Trust, in the person of Hans Mijocevic, is
on notice that the following persons are considered by the
Office of the District Attorney to have participated in drug-
related activity at 437 C Street:
Lori A. Bailey, Mark Baltimore, William Boswell,
George Boychock, Barron Carthorn, Jennie L.
Conrad, George Corbin, Roxanne Costopoulos,
Thomas Leon Davis, Richard Leroy Dick, Carroll
Sidney Ewell, Tracy Felton, Linda Gardella,
Michael Hodge, Terry Holpe, Anthony Milton Jones,
Clarence Mason, Janessa Morris, Kathleen O'Brien,
Vicki D. Short, Jessica Shover, Jaime Shumberger,
Lisa Smallwood, William Smith, Jr., Claire E.
Stansfield, Todd Warner, Kurt Wilkinson, Michael
Wilson, Roger Wilson, and Johnny E. Wright.
2. As a condition of her continued occupancy and as a
specific measure to combat the drug-related nuisance, Tara
Mijocevic shall continue outpatient care at the Steven's Centez•
as directed by her caseworker and medical professionals, and
comply with all directions thereof, to include random drug
testing, meeting with her therapist, meeting with her
caseworker, and attending NA meetings as prescribed.
3. This Agreement is a compromise of disputed claims of
the parties and shall not be construed as an admission of
liability or wrongdoing on the part of either party, but rather
is entered in order to settle a disputed claim.
4. The parties agree that the terms of this Agreement may
be entered as an Order of Court.
5. This Agreement sets forth the entire agreement between
the parties on this matter and supersedes all other oral and
written understandings or agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement
as of the day and year first written above, intending to be
legally bound hereby.
WITNESS:
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Hans i~ cevic,_.~rustee the
TMM Living Trust
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David J. Freed,
District Attorney
Cumberland County, Pennsylvania.
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DAVID J. FREED,
DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
V.
TMM LIVING TRUST
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07 - 5777 CIVIL TERM
ORDER
AND this 2~Z day o~~~~` 2007, by agreement of the
parties in the above-captioned matter, and the Court having
found that a drug-related nuisance exists .at the property of 437
C Street, Carlisle, Pennsylvania, 17013, it is HEREBY ORDERED
and DIRECTED that:
1. The TMM Living Trust is permanently enjoined from
conducting or allowing any illegal drug-related activity at or
involving the property of 437 C Street, Carlisle, Pennsylvania,
17013.
2. The TMM Living Trust, in the person of Hans Mijocevic
as Trustee, shall bar those persons known to him as engaging in
illegal drug-related activity at the property of 437 C Street,
Carlisle, Pennsylvania 17013 from entering into or remaining at
437 C Street, Carlisle, Pennsylvania 17013.
3. Hans Mijocevic shall ensure that his daughter, Tara
Mijocevic, the tenant of 437 C Street, Carlisle, Pennsylvania
17013 shall continue outpatient care at the Steven's Center as
directed by her caseworker and medical professionals, and comply
with all directions thereof, to include random drug testing,
meeting with her therapist, meeting with her caseworker, and
attending NA meetings as prescribed.
4. The permanent injunction shall remain in full force and
effect until such time as Tara Mijocevic vacates the property of
437 C Street, Carlisle, Pennsylvania, 17013, or the property is
sold.
~id J. Freed
District Attorney
TMM Living Trust
~ans Mijocevic, Trustee ~
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