HomeMy WebLinkAbout10-5595DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH A. PETONYAK 10-?? ? CIVIL TERM
PETITION TO EVICT
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Nature of the Action and Jurisdiction: w
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Pursuant to Title 35 of Purdons Statutes, The Controlled
Substance, Drug, Device and Cosmetic Act, Chapter 6A, Section 780-
151 et. seq., Expedited Eviction of Drug Traffickers Act, the
cause of action for 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.
Standing and Expedited Hearing:
This action is brought by the District Attorney of Cumberland
County, David J. Freed, 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 of the named party. 35 P.S. §780-155 and
164(a).
ACTION
The Commonwealth, by the District Attorney of Cumberland
County, David J. Freed, by and through Matthew P. Smith, Chief
Deputy District Attorney, respectfully avers as follows:
1. Elizabeth Petonyak resides at 463 North Pitt Street,
Carlisle, PA 17013. Petonyak leases said residence
from Donald Diehl.
2. On March 24, 2010, officers from the Cumberland
County Drug Task Force met with a Confidential
Informant (CI) and Detective Matthew Johnston of the
North Middleton Township Police Department for the
purpose of introducing Detective Johnston to
Elizabeth Petonyak to purchase marijuana, a Schedule
I Controlled Substance.
3. On March 24, 2010, at approximately 1455 hours,
Johnston and the CI contacted Petonyak to set up a
controlled buy of marijuana.
4. Petonyak instructed Johnston and the CI to meet at
Petonyak's residence at 463 North Pitt Street,
Carlisle, Pennsylvania.
5. Johnston and the CI arrived at 463 North Pitt Street
at approximately 1517 hours. Petonyak exited the
residence and approached the Detective's vehicle.
Johnston exchanged $45.00 for a quarter of an ounce
of marijuana from Petonyak. Johnston and Petonyak
also arranged for a trade of oxycotin pills for one
ounce of marijuana, to take place March 31, 2010.
6. On March 31, 2010, Johnston contacted Petonyak for
the controlled substance trade of marijuana for
oxycotin. Petonyak advised Johnston that she no
longer wished to make the transaction.
7. On July 1, 2010, Petonyak was arrested by officers
from the Cumberland County Drug Task Force.
8. Elizabeth Petonyak was charged with Unlawful Delivery
of a Controlled Substance, Unlawful Possession of a
Controlled Substance, and Unlawful Possession of Drug
Paraphernalia, in violation of the Pennsylvania
Controlled Substance, Drug, Device, and Cosmetic Act
§780-101 et seq..
WHEREAS, Cumberland County District Attorney David J. Freed
respectfully requests this Honorable Court to schedule a hearing
within 15 days on the above-captioned matter.
Respectfully submitted,
David J. Freed, District Attorney
fx1le
Matthew P. Smith
Chief Deputy District Attorney
One Courthouse Square, Room 202
Carlisle, PA 17013
VERIFICATION
I, David J Freed, District Attorney of Cumberland County,
does 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 Petition are true and correct to the best
of my knowledge, information and belief.
? e
David J. Freed
District Attorney
3
AUG 3 , ?01q
DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH A. PETONYAK CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this 1 day of 2010, upon consideration
of the within Petition, a Rule is issued, to be served /upon,
Defendant in the above named action, to appear on the / day of
6i 1/0
2010, in Courtroom # 3 , at /0•30 -,to show cause,
if any they have, why they should not be evicted according to law.
By the t;
J.
Matthew P. Smith
Chief Deputy District Attorney
(Elizabeth A. Petonyak
463 North Pitt Street
Carlisle, PA 17013
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DAVID J. FREED,
DISTRICT ATTORNEY
V.
ELIZABETH A. PETONYAK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
10-5595
ORDER OF COURT
CIVIL TERM
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AND NOW, this to day of 2010, upon consideration
of the Petition to Evict, and upon agreement of the parties, the
Court finds the following:
1. Elizabeth Petonyak acknowledges that the Commonwealth
would be able to prove that she has engaged in drug-related
criminal activity at or within 463 North Pitt Street, Carlisle, PA
17013.
2. The property is rented by Elizabeth Petonyak.
3. Elizabeth Petonyak is subject to immediate eviction
pursuant to 35 P.S. § 780--156.
IT IS HEREBY ORDERED and DIRECTED that the immediate eviction
of Elizabeth Petonyak is :stayed pending a period of probationary
tenancy for six months subject to the following conditions:
1. Elizabeth Petonyak shall refrain from engaging in clruS -;
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related criminal activity on or within the 463 North Pitt?reeb, '
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Carlisle, PA 17013 nor allow it to occur on or within the b?
property. -'
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2. Elizabeth Petonyak shall immediately notify law
enforcement authorities if drug-related activity occurs on or
within 463 North Pitt Street, Carlisle, PA 17013.
IT IS FURTHER ORDERED and DIRECTED that Elizabeth Petonyak
shall acknowledge in writing the terms and conditions of said
probationary tenancy and that the eviction order shall expire in
six months from the date of this Order should she abide by the
terms and conditions of the Order. If Elizabeth Petonyak fails to
abide by any of the terms and conditions of the probationary
tenancy, anyone with standing to bring said action may immediately
move to enforce the eviction order.
By t Court,
Edward E. (`uido
Matthew P. Smith, Esquire ?
Chief Deputy District Attorney pa r
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Karl Rominger, Esquire de o
Attorney for Elizabeth Petonyak h ql?
Elizabeth Petonyak
463 North Pitt Street
Carlisle, PA 17013
Donald E. Diehl, Landlord - ???? t
4 East High Street
Carlisle, PA 17013 9116116
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