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HomeMy WebLinkAbout09-7645 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2410 SOUTH MARKET STREET 09- CIVIL TERM MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM CP-21-MD-664-2009 PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: Kindly index Lis Pendens in the above-captioned matter against Jeffrey L. Wilhelm, 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, as more particularly described in the attached Notice of Lis Pendens. Date: November 5, 2009 Matthew P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09- CIVIL TERM CP-21-MD-664-2009 NOTICE OF LIS PENDENS - PARCEL 42-29-2454-106D NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the Cumberland County Court of Common Pleas, at CP-21-MD-664-2009, on the Commonwealth's Petition for Forfeiture against the real property under the name of Jeff L. Wilhelm, at 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, Parcel 42-29-2454-106D. A copy of said Petition is attached hereto and marked as Exhibit "A". The purpose of said action is to preserve the availability of the real property to satisfy an anticipated forfeiture order in a criminal case. The real property is more particularly described as follows: ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center of South Market Street (Pa. Route No. 114) at the dividing line between Lots Nos. 3 and 4 as shown on the hereinafter mentioned plan of lots, said point being at a distance of 15.01 feet measured along said dividing line on a bearing of North 65 degrees 54 minutes 15 seconds East from a monument on the western legal right-of-way of said South Market Street; thence along said dividing line between Lots Nos. 3 and 4, South 65 degrees 54 minutes 15 seconds West, a distance of 340 feet to a point at a line of remaining lands of Hollinger Meat Products, Inc. (Lot No. 1); thence along said lands of Hollinger Meat Products, Inc. (Lot No. 1), South 22 degrees 32 minutes East, a distance of 149.52 feet to a point at the dividing line between Lots Nos. 3 and 2 as shown on said plan of lots; thence along said dividing line between Lots Nos. 3 and 2, the following 5 course distances; (1) North 64 degrees 58 minutes 45 seconds East, a distance 119.08 feet (being also the centerline of a 20 feet wide private right-of-way); (2) North 25 degrees 01 minute 15 seconds West, a distance of 34 feet (being also the centerline of the 20 feet wide private right-of-way mentioned above); and (3) North 64 degrees 21 minutes 15 seconds East, a distance of 30.16 feet (being also tKe center-line of the 20 feet wide private right-of-way mentioned above); (4) North 24 degrees 13 minutes West, a distance of 82.73 feet to a point; and (5) North 65 degrees 54 minutes 15 seconds East, a distance of 194.77 feet to a point in the center of South Market Street aforesaid; thence along the centerline of said South Market Street, North 22 degrees 32 minutes West, a distance of 30.01 feet to a point in the same at the dividing line between Lots Nos. 3 and 4, the point and place of BEGINNING. All inquiries should be directed to the undersigned. Date: November 5, 2009 Matt 'hew P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM CP-21-MD-664-2009 RULE TO SHOW CAUSE AND NOW, this day of November, 2009, upon consideration of the within Petition, a Rule is issued, to be served upon all those known or believed to have been in possession of the above property, to show cause, if any they have, why the property should not be forfeited to the Commonwealth pursuant to law. Rule shall be returnable in thirty (30) days from service hereof. By the Court, J. Matthew P. Smith, Esquire Senior Assistant District Attorney Jeffrey L. Wilhelm, Respondent 2 Green Circle Camp Hill, PA 17011 William Fulton, Esquire Attorney for Respondent 106 Walnut Street Harrisburg, PA 17101 a?k k'+- 4 COMMONWEALTH OF PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-MD-664-2009 NOTICE TO THE CLAIMANT OF THE WITHIN DESCRIBED PROPERTY You are required to file an answer to this petition setting forth your title in, and right to possession of said property within thirty (30) days from the service hereof, and you are also notified that if you fail to file said answer a decree of forfeiture and condemnation will be entered against said property. lxx/z<? 7 Matthe P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM CP-21-MD-664-2009 PETITION FOR FORFEITURE AND NOW, comes Matthew P. Smith, Senior Assistant District Attorney of Cumberland County, Pennsylvania, who respectfully avers as follows: 1. On February 2, 2009, Jeffrey L. Wilhelm was arrested on 16 counts of criminal charges to include Corrupt Organizations, Dealing in Proceeds of Unlawful Activities, Criminal Conspiracy, and other charges related to an illegal gambling operation conducted on his business premises, Jeff's Auto Body and Paint Shop ("Jeff's Auto Body"), 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 2. Specifically, on or about December 27, 2007, Lieutenant Michael S. McLaughlin. of the Upper Allen Township Police Department became aware of a potential illegal gambling operation at Jeff's Auto Body when an individual tipped him off to the potential illegal operation and stated "Texas Hold'em" (poker) games were being held every Thursday through Sunday night, at said Jeff's Auto Body. 3. Between December 27 and 30, 2007, Upper Allen Township Police conducted intermittent surveillance on Jeff's Auto Body and noted between 15 to 16 vehicles parked outside the business after hours each night. The vehicles appeared to be in sound mechanical shape and were not present earlier during business hours. Some of the vehicles remained as early/late as 0400 hours, but were not present later in the morning. Detective Sergeant Thomas Kauffman talked to Jeffrey L. Wilhelm in an undercover capacity and determined that his business hours were usually 0800 to 1600 hours, Monday through Friday, and sometimes on Saturday, but not Sunday. Further, Jeff's Auto Body consisted of a small two story building, the bottom floor of which contained Jeffrey L. Wilhelm's body shop business. According to Upper Allen Township records, the second story was not licensed for occupation. 4. Police also conducted trash pulls of the premises and found pizza boxes, paper towels and other refuse consistent with large numbers of people consuming food, and handwritten notes consistent with a gambling operation. 5. Between January 3 and 6, 2008, police again conducted surveillance and noted multiple vehicles parked next to Jeff's Auto Body which remained until early/late hours. Trash pulls conducted on the same days also revealed a similar volume of refuse as previously discovered along with more handwritten notes consistent with a gambling operation. 6. Police continued to conduct intermittent surveillance, to include authorized covert video surveillance inside the second story of Jeff's Auto Body Shop, throughout the month of January 2008. Surveillance indicated that the second story of Jeff's Auto Body Shop was a large open area containing several poker tables; a couch; a large screen T.V.; a steel, bolted door; an inexpensive closed circuit surveillance system used to observe the outside of the entry way to the second story; and numerous decks of cards and sets of poker chips. Posted notices inside the room gave notice to players of various game times and types. 7. On the video surveillance, 15 to 20 individuals are observed playing poker, with the dealers at each game taking a "rake" for the "house." A "rake" is a set percentage of the "pot" which is set aside during every hand for the house. The "house" is the establishment, controller, or owner of the game. 8. The surveillance and subsequent investigation revealed that two individuals, later identified as Roger C. VanSelow, otherwise known as "Cumby", and Joseph Waiwada, otherwise known as "Biscuit," controlled and organized the games within the second story of Jeff's Auto Body. In other words, VanSelow and Waiwada acted as the "house" and as such, derived the profits of the "rakes." 9. Also observed on the video was Jeffrey L. Wilhelm speaking to VanSelow while gambling is occurring. 10. At 2300 hours, January 24, 2008, a nighttime search warrant was executed at the premises of Jeff's Auto Body while the illegal gambling operation was in progress. Numerous individuals were detained while a search was conducted. An amount of U.S. currency, gambling paraphernalia, records, and other miscellaneous items were seized. VanSelow and Waiwada were present on the scene, while Wilhelm initially was not. However, he arrived sometime later during the search. 11. At 2315 hours, Joseph Waiwada was interviewed by Lt. McLaughlin and stated that he has been involved with the illegal gambling operation with VanSelow since March 2007; he and VanSelow paid Jeffrey L. Wilhelm one hundred dollars ($100.00) a night to allow them to run the operation; he and VanSelow split the profits from the operation fifty-fifty; and that he was aware that what they were doing was illegal. 12. At 2353 hours, Roger C. VanSelow was interviewed by Lt. McLaughlin and stated. that he purchased the "rights" to the game for $10,000.00 off of a Croatian/Serb identified as "Soka" in November 2007; he paid Jeffrey L. Wilhelm four hundred dollars ($400.00) a week (one hundred dollars ($100.00) a night); and he and Waiwada split the profits from the operation fifty-fifty. 13. At 0100 hours, January 25, 2008, Jeffrey L. Wilhelm was interviewed by Lt. McLaughlin and stated that he received one hundred dollars ($100.00) a night from VanSelow and Waiwada to allow gambling to occur on the premise; received additional money from VanSelow to help cover the cost of electricity; made an estimated eight thousand dollars ($8,000.00) in cash payments from VanSelow and Waiwada; operated a small bookmaking business of his own; and knew the activity conducted by VanSelow and Waiwada was illegal. 14. Subsequent search warrants served on both Jeffrey L. Wilhelm's personal and business bank accounts showed a number of cash deposits, $7,846.25 into a joint banking account with wife and $3,800.00 in his business account from December 15, 2006 to January 30, 2008. 15. The Commonwealth believes and therefore avers that a substantial portion of these cash deposits were derived from rent from the illegal gambling operation and from Wilhelm's own bookmaking operation. 16. A number of improvements to the second story were also made in 2007, to include the installation of window air conditioning units; carpet; and a bathroom constructed without a permit. Further, a new heat pump still in the packaging was seized during the execution of the search warrant. The Commonwealth believes, and therefore, avers that these improvements were made in order to facilitate the gambling operation. 17. Jeff L. Wilhelm solely owns 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, recorded by deed on December 26, 1986, book number 32, page 148, by the Cumberland County Recorder of Deeds. 18. The Commonwealth believes, and therefore, avers that Jeffrey L. Wilhelm, either as an accomplice, used 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, or knowingly allowed his property to be used, for illegal gambling and profited from same. Therefore, the property is subject to forfeiture under common law as an instrument of a crime. See generally Comm. v. ONE 2001 Toyota Camry, 894 A.2d 207, (Pa. Commw. 2006). 19. The Commonwealth believes, and therefore, avers that Jeffrey L. Wilhelm knowingly used the profits from the illegal gambling operation to improve 2410 South Market Street, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, and/or knowingly allowed Roger C. VanSelow and Joseph Waiwada to use the profits of the illegal gambling enterprise to improve the property of 2410 South Market Street, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D. Jeffrey L. Wilhelm and his property have derived benefit from the fruits of an illegal enterprise. Therefore, the property is derivative contraband and subject to forfeiture under common law. WHEREFORE, the Commonwealth respectfully requests this Honorable Court to enter an Order forfeiting said property to the Commonwealth of Pennsylvania through the District Attorney's office, according to law, unless cause to the contrary be shown. Respectfully submitted, Matthew P. Smit Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS.. Matthew P. Smith, Assistant District Attorney of Cumberland County, Pennsylvania, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Matthew P. Smit e-- Senior Assistant District Attorney Sworn to and subscribed before me this 0wJ y ' day of November, 2009. Notary NOTARIAL SEA?.?•..u SftA E STtVER CMUSLE P*k All a (LAND CotoW ?Wnn rw 3 ?, 2012 i Mg t o"I -5 Fri 1'. 52 t4O Ct& 1 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. . 2410 SOUTH MARKET STREET 09- -7 10q ? CIVIL TERM MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM CP-21-MD-664-2009 NOTICE OF LIS PENDENS - PARCEL 42-29-2454-106D NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the Cumberland County Court of Common Pleas, at CP-21-MD-664-2009, on the Commonwealth's Petition for Forfeiture against the real property under the name of Jeff L. Wilhelm, at 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, Parcel 42-29-2454-106D. A copy of said Petition is attached hereto and marked as Exhibit "A". The purpose of said action is to preserve the availability of the real property to satisfy an anticipated forfeiture order in a criminal case. The real property is more particularly described as follows: ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center of South Market Street (Pa. Route No. 114) at the dividing line between Lots Nos. 3 and 4 as shown on the hereinafter mentioned plan of lots, said point being at a distance of 15.01 feet measured along said dividing line on a bearing of North 65 degrees 54 minutes 15 seconds East from a monument on the western legal right-of-way of said South Market Street; thence along said dividing line between Lots Nos. 3 and 4, South 65 degrees 54 minutes 15 seconds West, a distance of 340 feet to a point at a line of remaining lands of Hollinger Meat Products, Inc. (Lot No. 1); thence along said lands of Hollinger Meat Products, Inc. (Lot No. 1), South 22 degrees 32 minutes East, a distance of 149.52 feet to a point at the dividing line between Lots Nos. 3 and 2 as shown on said plan of lots; thence along said dividing line between Lots Nos. 3 and 2, the following 5 course distances; (1) North 64 degrees 58 minutes 45 seconds East, a distance 119.08 feet (being also the centerline of a 20 feet wide private right-of-way); (2) North 25 degrees 01 minute 15 seconds West, a distance of 34 feet (being also the centerline of the 20 feet wide private right-of-way mentioned above); and (3) North 64 degrees 21 minutes 15 seconds East, a distance of 30.16 feet (being also the center-line of the 20 feet wide private right-of-way mentioned above); (4) North 24 degrees 13 minutes West, a distance of 82.73 feet to a point; and (5) North 65 degrees 54 minutes 15 seconds East, a distance of 194.77 feet to a point in the center of South Market Street aforesaid; thence along the centerline of said South Market Street, North 22 degrees 32 minutes West, a distance of 30.01 feet to a point in the same at the dividing line between Lots Nos. 3 and 4, the point and place of BEGINNING. All inquiries should be directed to the undersigned. Date: November 5, 2009 61?t Matt ew P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM CP-21-MD-664-2009 RULE TO SHOW CAUSE AND NOW, this day of November, 2009, upon consideration of the within Petition, a Rule is issued, to be served upon all those known or believed to have been in possession of the above property, to show cause, if any they have, why the property should not be forfeited to the Commonwealth pursuant to law. Rule shall be returnable in thirty (30) days from service hereof. By the Court, J. Matthew P. Smith, Esquire Senior Assistant District Attorney Jeffrey L. Wilhelm, Respondent 2 Green Circle Camp Hill, PA 17011 William Fulton, Esquire Attorney for Respondent 106 Walnut Street Harrisburg, PA 17101 ay-?j k 1-?- 4 COMMONWEALTH OF PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-MD-664-2009 NOTICE TO THE CLAIMANT OF THE WITHIN DESCRIBED PROPERTY You are required to file an answer to this petition setting forth your title in, and right to possession of said property within thirty (30) days from the service hereof, and you are also notified that if you fail to file said answer a decree of forfeiture and condemnation will be entered against said property. lo/z/t Matthe P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA V. 2410 SOUTH MARKET STREET MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY AT DEED BOOK PAGE 0032K-00148 RECORDER OF DEEDS, CUMBERLAND COUNTY PENNSYLVANIA, PARCEL NUMBER 42-29-2454-106D, PROPERTY OF JEFF L. WILHELM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-MD-664-2009 PETITION FOR FORFEITURE AND NOW, comes Matthew P. Smith, Senior Assistant District Attorney of Cumberland County, Pennsylvania, who respectfully avers as follows: 1. On February 2, 2009, Jeffrey L. Wilhelm was arrested on 16 counts of criminal charges to include Corrupt Organizations, Dealing in Proceeds of Unlawful Activities, Criminal Conspiracy, and other charges related to an illegal gambling operation conducted on his business premises, Jeff's Auto Body and Paint Shop ("Jeff's Auto Body"), 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 2. Specifically, on or about December 27, 2007, Lieutenant Michael S. McLaughlin of the Upper Allen Township Police Department became aware of a potential illegal gambling operation at Jeff's Auto Body when an individual tipped him off to the potential illegal operation and stated "Texas Hold'em" (poker) games were being held every Thursday through Sunday night, at said Jeff's Auto Body. 3. Between December 27 and 30, 2007, Upper Allen Township Police conducted intermittent surveillance on Jeff's Auto Body and noted between 15 to 16 vehicles parked outside the business after hours each night. The vehicles appeared to be in sound mechanical shape and were not present earlier during business hours. Some of the vehicles remained as early/late as 0400 hours, but were not present later in the morning. Detective Sergeant Thomas Kauffman talked to Jeffrey L. Wilhelm in an undercover capacity and determined that his business hours were usually 0800 to 1600 hours, Monday through Friday, and sometimes on Saturday, but not Sunday. Further, Jeff's Auto Body consisted of a small two story building, the bottom floor of which contained Jeffrey L. Wilhelm's body shop business. According to Upper Allen Township records, the second story was not licensed for occupation. 4. Police also conducted trash pulls of the premises and found pizza boxes, paper towels and other refuse consistent with large numbers of people consuming food, and handwritten notes consistent with a gambling operation. 5. Between January 3 and 6, 2008, police again conducted surveillance and noted multiple vehicles parked next to Jeff's Auto Body which remained until early/late hours. Trash pulls conducted on the same days also revealed a similar volume of refuse as previously discovered along with more handwritten notes consistent with a gambling operation. 6. Police continued to conduct intermittent surveillance, to include authorized covert video surveillance inside the second story of Jeff's Auto Body Shop, throughout the month of January 2008. Surveillance indicated that the second story of Jeff's Auto Body Shop was a large open area containing several poker tables; a couch; a large screen T.V.; a steel, bolted door; an inexpensive closed circuit surveillance system used to observe the outside of the entry way to the second story; and numerous decks of cards and sets of poker chips. Posted notices inside the room gave notice to players of various game times and types. 7. On the video surveillance, 15 to 20 individuals are observed playing poker, with the dealers at each game taking a "rake" for the "house." A "rake" is a set percentage of the "pot" which is set aside during every hand for the house. The "house" is the establishment, controller, or owner of the game. 8. The surveillance and subsequent investigation revealed that two individuals, later identified as Roger C. VanSelow, otherwise known as "Gumby", and Joseph Waiwada, otherwise known as "Biscuit," controlled and organized the games within the second story of Jeff's Auto Body. In other words, VanSelow and Waiwada acted as the "house" and as such, derived the profits of the "rakes." 9. Also observed on the video was Jeffrey L. Wilhelm speaking to VanSelow while gambling is occurring. 10. At 2300 hours, January 24, 2008, a nighttime search warrant was executed at the premises of Jeff's Auto Body while the illegal gambling operation was in progress. Numerous individuals were detained while a search was conducted. An amount of U.S. currency, gambling paraphernalia, records, and other miscellaneous items were seized. VanSelow and Waiwada were present on the scene, while Wilhelm initially was not. However, he arrived sometime later during the search. 11. At 2315 hours, Joseph Waiwada was interviewed by Lt. McLaughlin and stated that he has been involved with the illegal gambling operation with VanSelow since March 2007; he and VanSelow paid Jeffrey L. Wilhelm one hundred dollars ($100.00) a night to allow them to run the operation; he and VanSelow split the profits from the operation fifty-fifty; and that he was aware that what they were doing was illegal. 12. At 2353 hours, Roger C. VanSelow was interviewed by Lt. McLaughlin and stated that he purchased the "rights" to the game for $10,000.00 off of a Croatian/Serb identified as "Soka" in November 2007; he paid Jeffrey L. Wilhelm four hundred dollars ($400.00) a week (one hundred dollars ($100.00) a night); and he and Waiwada split the profits from the operation fifty-fifty. 13. At 0100 hours, January 25, 2008, Jeffrey L. Wilhelm was interviewed by Lt. McLaughlin and stated that he received one hundred dollars ($100.00) a night from VanSelow and Waiwada to allow gambling to occur on the premise; received additional money from VanSelow to help cover the cost of electricity; made an estimated eight thousand dollars ($8,000.00) in cash payments from VanSelow and Waiwada; operated a small bookmaking business of his own; and knew the activity conducted by VanSelow and Waiwada was illegal. 14. Subsequent search warrants served on both Jeffrey L. Wilhelm's personal and business bank accounts showed a number of cash deposits, $7,846.25 into a joint banking account with wife and $3,800.00 in his business account from December 15, 2006 to January 30, 2008. 15. The Commonwealth believes and therefore avers that a substantial portion of these cash deposits were derived from rent from the illegal gambling operation and from Wilhelm's own bookmaking operation. 16. A number of improvements to the second story were also made in 2007, to include the installation of window air conditioning units; carpet; and a bathroom constructed without a permit. Further, a new heat pump still in the packaging was seized during the execution of the search warrant. The Commonwealth believes, and therefore, avers that these improvements were made in order to facilitate the gambling operation. 17. Jeff L. Wilhelm solely owns 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, recorded by deed on December 26, 1986, book number 32, page 148, by the Cumberland County Recorder of Deeds. 18. The Commonwealth believes, and therefore, avers that Jeffrey L. Wilhelm, either as an accomplice, used 2410 South Market Street, Mechanicsburg, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, or knowingly allowed his property to be used, for illegal gambling and profited from same. Therefore, the property is subject to forfeiture under common law as an instrument of a crime. See generally Comm. v. ONE 2001 Toyota Camry, 894 A.2d 207, (Pa. Commw. 2006). 19. The Commonwealth believes, and therefore, avers that Jeffrey L. Wilhelm knowingly used the profits from the illegal gambling operation to improve 2410 South Market Street, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D, and/or knowingly allowed Roger C. VanSelow and Joseph Waiwada to use the profits of the illegal gambling enterprise to improve the property of 2410 South Market Street, Upper Allen Township, Cumberland County, Parcel 42-29-2454-106D. Jeffrey L. Wilhelm and his property have derived benefit from the fruits of an illegal enterprise. Therefore, the property is derivative contraband and subject to forfeiture under common law. WHEREFORE, the Commonwealth respectfully requests this Honorable Court to enter an order forfeiting said property to the Commonwealth of Pennsylvania through the District Attorney's office, according to law, unless cause to the contrary be shown. Respectfully submitted, Matthew P. Smit Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA ) SS.. COUNTY OF CUMBERLAND ) Matthew P. Smith, Assistant District Attorney of Cumberland County, Pennsylvania, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. e--- Matthew P. Smit Senior Assistant District Attorney Sworn to and subscribed before me this day of November, 2009. Notary cowly ?,E: T ?a? ; ARY 20,09 NOV -5 Fri I ? r 2 No &si