HomeMy WebLinkAbout10-6692
DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
V.
GINGER E. POLESHUK
TERRELL Q. BRYANT
JAMAL K. ROGERS 10- 4Ir4%L-- CIVIL TERM
NOTICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must appear in
person in Courtroom No. Fourth Floor, Cumberland County
Courthouse, Carlisle, PA, on 2010, at
You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the
Court without further notice for any claim or relief requested
by the plaintiff. You may lose rights important to you.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~ w
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Cumberland County Bar Association
32 South Bedford Street ~f3r... ~=
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Carlisle, Pa 17013 ~~.e ~ ~~'
(717) 249-3166 ~`'~'"' ~'~~'~
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DAVID J. FREED,
DISTRICT ATTORNEY
V.
GINGER E. POLESHUK
TERRELL Q. BRYANT
JAMAL K. ROGERS
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. 10 - (,.~~ CIVIL TERM
PETITION TO EVICT
Nature of the Action and Jurisdiction:
Pursuant to Title 35 of Purdons Statutes, The Controlled
Substance, Drug, Device and Cosmetic Act, Chapter 6A, Section
780-151 et. s_e~c.., 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. Ginger Poleshuk and Terrell Bryant reside at 302 3ra
Street, West Fairview, Cumberland County, PA 17025. Jamal K.
Rogers advised the police that he lives at said residence on and
off .
2. On July 9, 2010, at approximately 1745 hours, Det. Adam
Shope of the Cumberland County Drug Task Force was conducting
surveillance in the 300 block of 3rd Street, in West Fairview,
East Pennsboro Township, Cumberland County, PA. The
surveillance was pursuant to numerous complaints of drug
trafficking in the area.
3. While conducting the surveillance, on July 9, 2010,
Det. Shope noticed a green Buick stop on the 300 block of 3rd
Street, West Fairview, PA. Detective Shope noticed a white
female driver accompanied by a white male passenger.
4. Detective Shope also noticed a white male standing in
front of 302 3rd Street, West Fairview, PA, who was later
identified as Douglas Shand. Shand walked up to the passenger
side of the green Buick; Det. Shope observed the white male
passenger hand something to Shand. Shand then walked into the
residence of 302 3rd Street, West Fairview, PA. The green Buick
pulled away and circled the block three times.
5. Approximately five minutes later Shand walked out of
302 3rd Street, West Fairview, PA. The green Buick pulled up and
Shand entered the vehicle on the passenger side.
6. Based on Det. Shope's training and experience, he
suspected that a drug transaction was occurring. He advised
Sgt. Bashore to follow the vehicle.
7. Sergeant Bashore followed the vehicle to West Pine
Street, Enola where the vehicle stopped and Shand exited. The
vehicle proceeded and Sgt. Bashore followed the vehicle for
approximately one block where it stopped in front of 17 Adams
Street, Enola, PA.
8. At that time, Sergeant Bashore spoke with the driver,
identified as one Samantha Betnesh. Betnesh told Sgt. Bashore
that she and her fiance, Charles Greenwald, went to 302 3ra
Street, West Fairview, PA to purchase marijuana. They gave
Shand $10.00 to obtain the marijuana and Shand walked to 302 3ra
Street, West Fairview, PA and entered the residence. Shand then
exited 302 3rd Street, West Fairview, PA, entered the vehicle,
and handed Greenwald marijuana.
9. Greenwald gave the exact same story as Betnesh to Sgt.
Bashore. Greenwald also indicated that he normally meets Shand
on 3rd Street to purchase marijuana.
10. A small amount of marijuana was found inside Betnesh's
vehicle which field tested positive as marijuana.
11. At approximately 2127 hours on July 9, 2010,a search
warrant was executed on the residence at 302 3rd Street, West
Fairview, Cumberland County, PA. During the execution of the
search warrant one Jamal Rogers was inside said residence, along
with three juveniles. Neither Ginger E. Poleshuk nor Terrell Q.
Bryant were at their residence during the search. Rogers
advised the police that he lived at said residence off and on.
He claimed that he was unaware of drug trafficking at the
residence.
12. The search warrant yielded numerous baggies of
marijuana packaged for sale and empty plastic baggies throughout
the residence, along with other drug paraphernalia.
13. Poleshuk and Bryant have both been charged with two
counts of Unlawful Manufacture, Delivery, and/or Possession with
Intent to Manufacture or Deliver a Controlled Substance; and
Unlawful Possession of Marijuana in violation of the
Pennsylvania Controlled Substance, Drug, Device, and Cosmetic
Act § 780,-151 et seg.
14. It is believed and therefore alleged that Ginger E.
Poleshuk, Terrell Q. Bryant, and/or Jamal Rogers either
participated in or allowed drug activity at 302 3rd Street, West
Fairview, Cumberland County, Pennsylvania, therefore they are
subject to eviction under the Expedited Eviction of Drug
Traffickers Act .
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
Ma thew P. ith
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.
_~" `~
David J. Freed
District Attorney
. ~
OCTZ~YU10
DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
V. .
GINGER E. POLESHUK .
TERRELL Q. BRYANT
JAMAL K. ROGERS 10-Ce(.Q~ CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this day of 2010, upon
consideration of the within Petition to Evict, a Rule is issued,
to be served upon each Defendant in the above named action, to
appear on the od~'~L day of 2010, in Courtroom
No. ~, at ~~:30 o'clock, a. .m. to show cause, if any they
have, why they should not be evicted according to law.
Matthew P. Smith, Esquire
Chief Deputy District Attorney
./ Ginger E. Poleshuk, Defendant
302 3rd Street
West Fairview, PA 17025
Terrell Q. Bryant, Defendant
302 3rd Street
West Fairview, PA 17025
Street
West Fairview, PA 17025
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~amal Rogers, Defendant
302 3rd
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By the Court,
DAVID J. FREED, IN THE COURT OF C,MMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION -
GINGER E. POLESHUK
TERRELL Q. BRYANT
JAMAL K. ROGERS 10-6692 CIVIL
IN RE: HEARING CONTINUED
ORDER OF COURT
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AND NOW, this 28th day of Octo er, 2010, upon
consideration of the Petition To Evict filed i the
above-captioned matter, and Defendants Terrell Q. Bryant and
Ginger E. Poleshuk. having appeared in court fo the hearing on
the petition, and having moved for a continua= e based upon their
receipt of notice of the hearing shortly prior to today's date,
and for the purpose of obtaining counsel to re resent them in
this matter, and the Commonwealth in the perso of Matthew P.
Smith, Esquire, having objected to the request d continuance, the
motion of Defendants Ginger E. Poleshuk and Terrell Q. Bryant for
a continuance is granted, and the hearing in tzis matter is
rescheduled for Monday, December 27, 2010, at 0:45 a.m., in
Courtroom Number 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
thew P. Smith, Esquire {/
Assistant District Attorney
,,Stinger E. Poleshuk, Defendant ,,I'amal Rog
302 3rd Street 302 3rd S
West Fairview, PA 17025 West Fair
--,--Terrell Q. Bryant, Defendant
302 3rd Street
West Fairview, PA 17025 :mae
,I 7z'. ,' J.
s, Defendant
eet
ew, PA 17025
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DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LPJW
GINGER E. POLESHUK:
TERRELL Q. BRYANT"
JAMAL K. ROGERS 10-6692 CIVIL TERM =ry {
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IN RE : PETITION TO EVICT'
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ORDER OF COURT r
AND NOW, this 28th day of October, 2010, upon
motion of the Commonwealth in the person of Ma thew P. Smith
Esquire, in open court, and without objection n the part of
Defendants Ginger E. Poleshuk and Terrell Q. Bryant, it is
ordered and directed as follows:
1. That Ginger E. Poleshuk an Terrell Q. Bryant
refrain from drug-related activities on or near the premises,
that being 302 3rd Street, West Fairview, Penn ylvania, 17025;
and
2. It is further ordered that Jamal K. Rogers is
hereby evicted from the premises and that Ginger E. Poleshuk and
Terrell Q. Bryant shall refrain from allowing ?amal K. Rogers
from entering the premises, and notify police of same should that
occur.
Matthew P. Smith, Esquire
Assistant District Attorney
,o Ginger E. Poleshuk, Defendant
302 3rd Street
West Fairview, PA 17025
`,---T'e-rrell Q. Bryant, Defendant
302 3rd Street
West Fairview, PA 17025
By the Court,
J.
./larval Rogers, Defendant
302 3rd Street
West Fairview, PA 17025
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PLAINTIFF'S
EXHIBIT
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Freed, David J.
vs
Poleshuk, Ginger E., et. al.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2010-06692 Civil Term
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PRAECIPE
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To the Prothonotary:
Please enter the appearance of undersigned counsel for the Defendants, Ginger E
Poleshuk and Terrell Q. Bryant, in the above captioned matter.
David D. Buell, Prothonotary
Attorney Info:
Shane B. Kope, Esq.
ID 92207
395 St. Johns Church Road, Suite 101
20
A o . or Defendant
Camp Hill, PA 17011
717-761-7573
DAVID J. FREED,
DISTRICT ATTORNEY,
Plaintiff
v
GINGER E. POLESHUK
TERRELL Q. BRYANT
JAMAL K. ROGERS,
Defendants:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
10-6692 CIVIL TERM
IN RE: PETITION TO EVICT
ORDER OF COURT
AND NOW this 27th day of December, 2010, upon
consideration of the Petition To Evict filed in the
above-captioned matter, and following a hearing, the record
is declared closed, and the matter is taken under
advisement.
/Matthew P. Smith, Esquire
Assistant District Attorney
? Shane P. Kope, Esquire
305 St. Johns Church Road
Suite 101
Camp Hill, PA 17011
For Defendant
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By the Court,
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DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF
DISTRICT ATTORNEY, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
GINGER E. POLESHUK,
TERRELL Q. BRYANT,
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JAMAL K. ROGERS, : zrn M rn..
Defendants NO. 10-6692 CIVIL TERM cnr?
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PETITION TO EVICT ao z
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ORDER OF COURT -
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AND NOW, this 28 h day of December, 2010, upon consideration of Plaintiff's
Petition To Evict, and following a hearing held on December 27, 2010, Defendants
Ginger E. Poleshuk and Terrell Q. Bryant are evicted from the property located at 302
Third Street, West Fairview, Cumberland County, Pennsylvania. They are directed to
vacate the premises within 30 days of the date of this order.
Matthew P. Smith, Esq.
Chief Deputy District Attorney
vl"Shane B. Kope, Esq.
395 St. John's Church Road
J
Suite 101
Camp Hill, PA 17011
to
Attorney for Defendants Cf?? 1.01
Poleshuk and Bryant da1kb
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BY THE COURT,
2010-6692
OVERSIZED
EXHIBITS
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