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HomeMy WebLinkAbout13-4818 DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA V. THEODORE "TED" ZEIDERS, D/B/A a � MAGICAL INCENSE SHOP 30 NORTH MARKET STREET MECHANICSBURG, PA 17055 NO. 13- CIVIL ^- - ?rte C3 cis PETITION FOR ABATEMENT OF A DRUG-RELATED NUISANCE _4 Nature of Abatement Action: Pursuant to Title 42 of Purdons Statutes, Judiciary and Judicial Procedure, Subchapter H, Section 8382 et . sec. . , 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 Abatement: This action is brought by the District Attorney of Cumberland County, David J. Freed, by and through Chief Deputy District Attorney, Matthew P. Smith, who has standing to bring said action, and who seeks a hearing on the abatement action within 10 days of the filing of the complaint. 42 Pa. C.S.A. § 8386 . PETITION The Commonwealth, by the District Attorney of Cumberland County, David J. Freed, by and through Chief Deputy District Attorney, Matthew P. Smith, respectfully avers as follows : 1 . Theodore "Ted" Zeiders is the sole owner and proprietor of "Magical Incense Shop" which does business at 30 North Market Street, Mechanicsburg, PA 17055 . 2 . Magical Incense Shop sells designer drugs also known as "bath salts" , "potpourri" , "synthetic marijuana" , . "glass cleaner" , "jewelry cleaner" , "herbal smoke blend" and various other names . It also sells items used to ingest tobacco, otherwise known as "water tobacco pipes" , a/k/a "bongs" . It sells little else. 3 . Between the years 2006 and 2013 there were 61 complaints/crime reports related• to "Designer Drug" complaints and/or the Magical Incense Shop either being victimized due to the sale of synthetic drugs and/or paraphernalia or being suspected of selling illegal synthetic drugs or "designer drugs" prohibited under the Title 35 Section 780-113 (a) (36) : a. September 09, 2006, in which an unknown person attempted to gain entry into the rear of the shop. The unknown suspect attempted to pry the door open and gain access . This case remains open. b. April 15, 2008 , at or around 1111 hours, the Mechanicsburg Police Department received an call from Zeiders who relayed that his ex-girlfriend, Demitria Searfalse (spelling uncertain) , was claiming that he was running a prostitution ring out of the shop along with other 2 accusations . Zeiders just wanted to make the police aware that he was not doing anything illegal . No further action was taken during this complaint. C . September 23 , 2008, at or around 2345 hours, the Magical Incense Shop, which was then located at 30 N. Market St. Mechanicsburg, PA, was burglarized and multiple pipes were taken from the business . The Mechanicsburg Police Department arrived on scene and found that someone forced entry into the business by pulling a piece of plywood away from an entry/exit door. This case remains open and no arrests have been made. d. September 8, 2009, at or around 1714 hours, Det. Rodney Temple received a complaint from a man by the name of Stephen Wells in regards to the Magical Incense Shop selling a product called Fly Agaric Mushroom. Wells believed that the mushrooms were illegal . Det. Temple checked with the business and met with Zeiders who showed him the product. Zeiders informed Det . Temple that the product was legal and at the time they were then found not to be a controlled substance and no further investigation was done . e. October 22, 2009, at or around 0929 hours, the Mechanicsburg Police Department received a complaint from Zeiders regarding some damage to a front window to the business . Upon officers, arrival at the store, it appeared that someone used a baseball bat or similar item to smash the front window. This crime remains unsolved with no arrests . f . June 8 , 2010, at or around 2328 hours, the Mechanicsburg Police Department returned a phone call to Zeiders requesting extra patrols around his business due to having been robbed at his residence earlier that evening. Two suspects armed with handguns robbed Zeiders of $400 and his business keys at his residence in Harrisburg, PA. It is unknown if any arrests were, made in this incident . g. September 12, 2010, at or around 0951 hours, the Mechanicsburg Police Department responded to the business for a broken front door. Upon officers, arrival, the front door was found shattered and upon further investigation it was found that someone had burglarized the business . Nothing was taken during the crime, however upon looking at video surveillance from inside of the store, the suspect attempted to take designer drugs that- were normally on display, but they were put away during closing. 3 h. While investigating the previous incident, another incense shop, called Hemps Above, located several blocks away was burglarized around the same time. During the Hemps Above burglary, multiple pipes and packages of synthetic marijuana were taken. Ultimately, Anthony Spears, of Harrisburg, was arrested and found guilty for both burglaries and crimes committed in Dauphin County. i . March 11, 2011, at or around 1029 hours, the Mechanicsburg Police Department took a report from Zeiders regarding a retail theft at the store . According to Zeiders, an unknown male suspect attempted to purchase two 3 gram packages of "Space" herbal incense for $52 per pack. The suspect' s credit card was declined when attempting to purchase the products and he ended up leaving the store without paying for the items after putting them in his pocket . This case is still unsolved and the suspect was never identified. j . March 23, 2011, at or around 0522 hours, Mechanicsburg Police Officers responded to 120 W. Main St . , Mechanicsburg, PA for an overdose. Upon arrival, officers met with a female by the name of Jessica Hart who overdosed on bath salts and took 80 Benadryl pills to try and counter act the overdose . Officers assisted EMS at the scene; it is unknown if Hart was transported to the hospital or where she obtained the bath salts . Hart does have a criminal history which includes multiple drug related charges in Harrisburg of which she was found guilty. k. March 23, 2011, at or around 0531 hours, Mechanicsburg Police Officers responded to 31 W. Coover St. , Mechanicsburg, PA for an individual knocking on the complainant' s door. Upon arrival, officers found Luke Darsey, who did not live at that address, in severe respiratory distress and he informed them that he was having chest pains . Darsey informed officers that he had ingested bath salts and was experiencing an overdose. Darsey did not know where he was and did not have any shoes on. He was transported to the hospital during this incident. 1 . March 31, 2011, at or around 1753 hours, the Mechanicsburg Police Department attempted to return a call to a male only known as Anthony regarding synthetic drugs being sold at the Sunoco station. Upon attempting to return the call, the number was not in service. M. April 7, 2011, at or around 1321 hours, Mechanicsburg Police Officers responded to the area of the first block of N. 4 Market St. , Mechanicsburg, PA for two suspicious males . When officers arrived, they located Earl Coleman, of Steelton, PA in the area of the Magical Incense Shop. When speaking with Coleman, officers believed that he was under the influence of bath salts; Coleman had two empty bath salt containers in his pocket . n. April 9, 2011, at or around 1817 hours, Mechanicsburg Police Officers responded to the area of the 1st block of N. Market St . , Mechanicsburg, PA (which is located near the Magical Incense Shop) for a suspicious person walking around the area. Upon arrival, officers made contact with Shawn Dolan, of Mechanicsburg who appeared very confused. Dolan admitted to snorting bath salts earlier and was transported to the hospital by EMS staff . o. April 30, 2011, at or around 0320 hours, Mechanicsburg Police Officers responded to 106 W. Green St . , Mechanicsburg, PA for an active harassment. Upon arrival, officers met with Roberta Clewell who stated that her friend, Debra Brough, pushed her against the wall . Clewell further reported that Brough was not acting normal and wanted her to leave . Officers noticed that Brough was very agitated, breathing very hard and clutching her chest. While investigating at the scene, officers learned that Brough was observed by another female, . Jennifer Gibboney, snorting bath salts while at Snapper' s bar. Brough was reluctantly transported to the hospital during this incident and would not admit to using bath salts. p. May 11, 2011, at or around 2235 hours, EMS personnel were sent to 73 W. Main St. , Mechanicsgburg, PA for Kevin Brown who was having trouble breathing. Mechanicsburg Police Officers arrived to assist EMS and found that Brown had ingested bath salts . It is' unknown if Brown was transported to the hospital . q. May 12, 2011, at or around 1528 hours, Mechanicsburg Police Officers responded to 418 Darla Rd. , Mechanicsburg, PA for an EMS call for someone with heart problems . Upon arrival, officers found Luke Darsey (who was named in an incident on March 23 , 2011 above) in the back yard refusing to provide his name and seemed, irritated with EMS presence. Darsey refused EMS treatment and officers learned from Darsey that he had smoked bath salts earlier in the day. 5 r. June 12, 2011, at or around 1030 hours, Mechanicsburg Police Officers, were dispatched to the area of 300 Mulberry Dr. , Mechanicsburg, PA for two white males drinking alcohol and smoking some type of drug. Officers arrived and made contact with Robert Kovachick and Mark Little . One of the males did have bath salts on him and he admitted to using the drug on a regular basis . S . June 14, 2011, at or around 1731 hours, Mechanicsburg Police Officers responded to 112 W. Green St . , Mechanicsburg, PA regarding Brian Landon thinking that someone was inside of his apartment. Upon arrival, Landon would not open the door and was in the bathroom refusing to come out. Officers did eventually gain entry into the residence by crawling through the bathroom window and unlocking the front door. Upon making contact with Landon, he appeared edgy, unable to follow directions and was having a panic attack. EMS was called to the scene and Landon refused EMS treatment. A vial containing a white powdery substance believed to bath salts was found in Landon' s pocket . The vial had a label on it that said "Bliss Gold" "Not for Human Consumption" . t . June 27, 2011, at or around 1330 hours, the Mechanicsburg Police Department received a call from the PA State Police regarding an individual by the name of Jason walking through back yards in the area of 967 W. Trindle Rd. , Mechanicsburg, PA. ' The individual was possibly under the influence of bath salts . U. June 27, 2011, at or around 1732 hours, the Mechanicsburg Police responded to 313 S. Fredrick St. , Mechanicsburg, PA for an EMS call . Upon arrival, officers met with Jason Pressel who was being restrained by his friend Douglas Shenfeld. Pressel was moving involuntarily, had heavy breathing, and kicked in a windshield of a vehicle causing it to crack. Pressel stated at one point that he could not control himself and admitted to snorting bath salts and using Vicodin. Pressel was transported to the hospital by EMS staff . V. June 28, 2011, at or around 1756 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop to meet Adam Zampelli regarding an employee at the store possibly stealing. his wallet . Zampelli claimed that he left his wallet there the night before when purchasing a bottle of "Total Detox" and upon returning to retrieve it the employees were acting suspiciously. While at the scene, officers noticed that Zampelli was very "animated" , was moving 6 his hands and was talking fast. Officers reviewed video footage of Zampelli from the night before while he was in the store. Upon reviewing the footage, an officer observed Zampelli take his wallet out of his back pants pocket, purchase merchandise and put the wallet back into his pocket . Also the on the video, Zampelli appears very animated, rocking back and forth and waving his arms . W. The employee, Barbara Heustess, informed officers that she sold the "Total Detox" to Zampelli and .relayed to officers that he did not have enough money to purchase the product. Therefore, she sold it to him for a cheaper price just to get him out of the store . Ultimately, Zampelli notified the police department that he found his wallet in a laundry basket at his residence. X. July 2, 2011, at or around 2110 hours, Mechanicsburg Police Officers responded to 231 W. Main St . Apt . A, Mechanicsburg, PA for an EMS call which originated as a 911 hang up. Upon arriving, they met with Jack Knipe and Amanda Donahue who had smoked some "D2 Climaxxx" synthetic marijuana. y. July 5, 2011, at or around 2134 hours, the Mechanicsburg Police Department responded to 55 W. Main St . Apt. 2, Mechanicsburg, PA for an EMS call after Shawn Dolan had called for someone to "take him away" . Upon officers, arrival at the apartment, they met with Dolan and his aunt, Karen Lavin. According to Lavin, Dolan had been on bath salts for the past two months and gets "very paranoid" . Officers spoke with Dolan at the scene and he agreed to be taken to the hospital for "Crisis" evaluation. Z . July 11, 2011, at or around 1433 hours, the Mechanicsburg Police Department responded to 114 W. Green St. , Mechanicsburg, PA for a non-active criminal trespass . The resident, Jennifer Gibboney reported that while she was away at work someone entered a bedroom window, entered the residence, left a light on and left a stuffed cat hanging on a nail inside of the home . Gibboney suspected her neighbor, Brian Landon (who was mentioned in an incident on June 14th above) , due to him often taking drugs and using bath salts . This incident remains open and no arrests were made. aa. July 12, 2011, at or around 1356 hours, a Mechanicsburg Police Officer responded to the swimming pool located in Memorial Park for Marcia Montague possibly using bath salts in the bathroom. According the original complainant, Kristin Stewart, Montague has had nose bleeds in 7 the past after leaving the bathroom and has refused medical treatment. Stewart also found an empty bath salt container near where Montague was sitting several days prior. bb. August 21, 2011, Theodore "Ted" Zeiders called the Mechanicsburg Police Department to turn over items from the Magical Incense Shop that he was no longer allowed to sell . Zeiders turned over two boxes full of assorted products, including bath salts that contained banned chemicals under Federal law which, according ' to Zeiders, sold for a retail value of $36, 000 . CC . September 9, 2011, at or around 0754 hours, Trooper Pacrall, of the PA State Police, called the Mechanicsburg Police Department to inform them that he received information regarding the Magical Incense Shop was still selling bath salts . dd. During this time frame (September 2011) , Officer Rodney Temple made multiple visits to the Magical Incense Shop and observed some of the products . At that time, it appeared that the store was selling similar "bath salt like" products called "jewelry cleaner" which, according to Zeiders, contained chemicals that were not controlled substances . Officer Temple also noticed that the store was selling herbal products that appeared to be in various types of containers and had different brand names . A majority, of the products appeared to be made up of a plant-type material . ee. September 21, 2011, at or around 1429 hours, an anonymous male caller contacted the Mechanicsburg Police Department with concerns that the Magical Incense Shop was still selling products that were harmful to customers . The complainant relayed that he was living with someone who was smoking a product called "LA Spice" and that the product makes his roommate increasingly violent with every use. There was no further information in the report . ff . October 15, 2011, at or around 0639 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop after Zeiders called to report that someone hit the front glass door causing it to spider, . The damage to the door was roughly $300 to repair; no entry was made into the business and no arrests were made in this incident . gg. October 20, 2011, at or around 0456 hours, John Nicholson, of 28 N. Market St. , Mechanicsburg, PA called to report that he just saw a person attempt to break into the 8 Magical Incense Shop. No entry was made into the business and nothing was taken. While investigating this incident, a female suspect was found to have been involved and charges are pending. hh. December 1, 2011, at or around 1240 hours, a female by the name of Edna Armogost called the Mechanicsburg Police Department regarding her concerns for the synthetic drugs and pipes that are being sold at the Magical Incense Shop. ii . January 4, 2012, at or around 1820 hours, the Mechanicsburg Police Department was dispatched to the Magical Incense Shop for a retail theft that had occurred. Upon an officer' s arrival, he was met by employees, Amanda Bennage and Lisa Konevitch. They reported that a male and female came into the business and wanted to purchase three packages of a product called "Blow Your Mind 511 which is offered as a "glass cleaner" ; the total value of the packages is $137 . 80 . The suspects attempted to use a credit card to purchase the product; however the card came up declined. Once the card was declined the male suspect grabbed the product and ran out of the store. The female then also ran out of the store. The suspects in this case were ultimately identified as Casey Kramer and Derek Ginter. When Kramer was being interviewed about the incident, she was accompanied by a case manager from Holy Spirit Hospital due to her trying to cope with "drug issues" and trying to get herself "back on track" . Charges were filed on Ginter for the theft . jj . January 13 , 2012, at or around 1306 hours, a complainant by the name of Scott Fry came into the Mechanicsburg Police Department regarding a substance that he had from the Magical Incense Shop. Fry had a small plastic pouch in his possession that was empty and reported that lie lives with a male by the name of Donald Thomas who purchased the package from the Magical Incense Shop. Fry further reported that when Thomas smokes the material that is contained in the package he is "out of control" . According to Fry, Thomas has been abusing his wife, punching holes in the walls at the residence and on the 12th of January the PA State Police responded to the home due to Thomas ' s behavior. The package that Fry brought into the station was from a product called "Smoking Dragon 5x Potpourri" which has a label on it that states "Warning Not for Human Consumption" . kk. February 4, 2012, at or around 0233 hours, the Mechanicsburg Police Department responded to the Magical 9 Incense Shop due to someone smashing the front door window. 11 . March 3, 2012, at or around 0641 hours, a complainant by the name of Steve Rohrbaugh called to report that his brother, Mark Hudson, had purchased a product called "Sprinklezzz" at the Magical Incense Shop. This was found after Hudson had been involuntarily committed due to being extremely paranoid. mm. April 4 , 2012, at or around 1633 , a Mechanicsburg Police Officer responded to the Magical Incense Shop regarding an attempted break in. Upon arrival, it was found through video surveillance that a white male, wearing a blue jacket, blue jeans, a surgical mask, latex gloves, glasses and a hat attempted to break the front door window with an axe. nn. April 6, 2012, at or around 0805 hours, two complainants by the name of Leroy Gutshall and Melissa Trayer (who are known from multiple prior incidents for being involved in drug activity and have been observed on multiple occasions coming and going from the Magical Incense Shop) arrived at the Mechanicsburg Police Department to report that Ted Zeiders is selling illegal incense from his business . Trayer and Gutshall reported that Gutshall purchased a "cherry bundle" variety of herbal incense from Zeiders on April 3 , 2012 for $110 . Gutshall believed that the incense was legal and later that day he was stopped by the Hampden Township Police Department where the "cherry bundle" was confiscated. According to Gutshall, he spoke with Det . Gingrich of the Hampden Township Police Department and Det . Gingrich informed him that the substance was illegal . oo. April 10, 2012, at or around 1226 hours, the Mechanicsburg Police Department received a complaint from a woman by the name of Madeline Cross regarding drug activity at the Magical Incense Shop. Cross reported that she has observed people walking out of the store on numerous occasions, getting into their vehicles, "lighting up" and driving off . She further reported that she saw this happen several minutes prior to calling. pp. April 20, 2012 (also known as 420 which is a commonly used term among people who smoke marijuana and a day that is meant to encourage people to smoke marijuana) the Magical Incense Shop held a special event in observance of this date. Officer Rodney Temple was assigned to conduct a special surveillance detail around the shop between the hours of 1630 and 2100 to look for any illegal drug activity. 10 During his -surveillance, it appeared as though there was a low volume of people surrounding the event and most of the visitors were only staying for a brief amount of time to visit the inside of the store for merchandise. He also observed 16 vehicles come and go from the store all of which only stayed for several minutes at a time. qq. April 27, 2012, at or around 1648 hours, the Mechanicsburg Police Department received a call from Edward Shami who wanted to report the sales of synthetic marijuana from the Magical Incense Shop. rr. June 2, 2012, at or around 0629 hours, another complaint was received by Jeffrey Witmer regarding the Magical Incense Shop. Witmer expressed his concerns about the business selling illegal synthetic marijuana and further reported that when he was in Mechanicsburg several days prior, a female was begging him for money to go buy some of the products sold at the business. ss . June 4 , 2012, at or around 1446 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop for another attempted burglary / criminal mischief to the business . Upon officers, arrival, they met with Ted Zeiders who reported that between the 3rd and 4th of June an unknown person cut all of the wires to his surveillance cameras and attempted to unscrew the front glass to the main front entrance. Some surveillance footage was recovered of the suspect, this case remains open and no arrests have been made at this time. tt . June 7, 2012, at or around 2223 hours, the Mechanicsburg Police Department received a complaint from a taxi driver by the name of Evelyn Millslagle who wanted to report that she receives several requests per week from different people wanting to be transported to the Magical Incense Shop. Millslagle further reported that she transports a female roughly three times per week' to the business and that the female would "light up" in the rear of the taxi cab after returning from the business. uu. June 12, 2012, at, or around 1607 hours, a complainant by the name of Julia Moore called the Mechanicsburg Police Department to report that the Magical Incense Shop is selling bath salts . Moore further expressed her concerns about her daughter, Angie Linkous, having overdosed numerous times and almost died during the last incident . 11 VV. June 21, 2012, at or around 2030 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop due to a retail theft that had just occurred. Upon arriving at the scene, officers met with employee, Barbara Tenalio, who reported that Michael Miller came into the business and attempted to purchase two grams of "Smokin' Dragon Potpourri" for $40 on credit . Miller provided a credit card which was declined and he asked Tenalio to try the card again. Once Tenalio made another attempt at using the card, Miller left the store with the product leaving his identification and his credit card without paying. WW. June 23 , 2012, at or around 2134 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop regarding a male inside causing a disturbance . Upon officers' arriving at the scene, the male had left. They learned that the male was yelling at Zeiders and had a strong odor of alcohol coming from him. The man was asked by Zeiders to leave and upon doing so he stated that he would be back. The male suspect in this incident was never identified and it is unknown why the male was yelling at Zeiders or causing a disturbance . xx. June 24 , 2012, at. or around 1849 hours, the Mechanicsburg Police Department responded to 61 W. Keller St . , Mechanicsburg, PA for juveniles possibly using drugs . Upon arrival, officers met with three juveniles who admitted to smoking synthetic marijuana. Officers found a piece of aluminum foil, a multicolored glass pipe with residue inside and a package of "Smoking Dragon" potpourri with residue inside of it . yy. July 16, 2012, at' or around 1130 hours, Tracey McGough, arrived at the Mechanicsburg Police Department to report that her son, Austin Sheller, buys products at the Magical Incense Shop due to being unable to purchase them in Carlisle after several businesses were shut down for selling illegal synthetic drugs . McGough was concerned and does not want her son using the products . ZZ . August 6, 2012, at or around 1805 hours, Michael Sebastian called into the Mechanicsburg Police Department with his concerns for the Magical Incense Shop selling synthetic products . Sebastian was informed of our awareness of the information that he was providing. 12 aaa. October 4 , 2012, at or around 1250 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop and spoke to Zeiders regarding Richard Stine refusing to leave. According to Stine, Zeiders was being disrespectful and Zeiders wanted him to leave . While officers were speaking with Stine, he agreed to leave without incident . bbb. October 5, 2012, at or around 1710 hours, an anonymous female called the Mechanicsburg Police Department with her concerns over the Magical Incense Shop selling synthetic marijuana. According to the officer who took the report, she was informed that only certain chemicals were banned and that I check the businesses periodically for compliance. ccc . October 8, 2012, at or around 1922 hours, Heather Kindle called the Mechanicsburg Police Department with concerns over the Magical Incense Shop selling synthetic marijuana. According to the officer who took the report, she was informed that only certain chemicals were banned and that an officer checks the businesses periodically for compliance . ddd. October 19, 2012, at or around 1338 hours, the Mechanicsburg Police Department responded to a parking lot located at 17 E. Simpson St. , Mechanicsburg, PA for a reckless driver complaint. Upon arrival, officers made contact with Aden Aden who was sitting in his vehicle with a "roach" (partial marijuana cigarette) on his lap and was found to have a vial of "Smoking Dragon" Potpourri on him. Aden was ultimately arrested for DUI and taken to the Cumberland County Booking Center. eee. October 25, 2012; at or around 2244 hours, the Mechanicsburg Police Department responded to the parking lot of the Magical Incense Shop regarding a robbery that had just occurred. Upon arrival it was found that Zeiders returned to the shop from the Hollywood Casino and was in his van in the parking lot when an unknown male wearing dark clothing struck him in the head and ordered him out of the van. The suspect ordered Zeiders to the ground and removed a black bag from him containing $10, 000 in cash that he stated he received as a result of casino winnings . This incident is still under investigation and no arrests have been made at this time. fff . January 21, 2013, at or around 1225 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop in regards to a retail theft that had just occurred. Upon officer' s arrival, it was discovered that a 13 white male suspect distracted an employee in the store and ran out with a grinder valued at $55 and a package of pills called "Max Kratom Capules" valued at $22 . 25 . At this point, this case is still open and no arrests have been made. ggg. February 28, 2013, at or around 1552 hours, the Mechanicsburg Police Department received a phone call from an anonymous female complainant in regards to her concerns over the Magical Incense Shop selling, what she thought to be, illegal products . She referred to a product that had the word "panda" in it. hhh. March 22, 2013 , the Mechanicsburg Police Department received information Mifflin County Adult Probation in regards to a male by the name of Gregory Lee Moore driving a vehicle while his license is suspended and that he was driving to the Magical Incense Shop to purchase "bath salts" . There is no further information in the report . iii . May 23 , 2013 , at or around 0559 hours, the Mechanicsburg Police Department responded to the Magical Incense Shop regarding a burglary that had occurred. Upon arrival, it was found that a male, later identified as Christopher Colpetzer, used a truck to back into the glass front door of the business several times which caused the glass, to break. Colpetzer was arrested for the burglary and upon speaking with him he admitted that he drove from Milroy, PA (which is roughly 1 hour to 1 1/2 hours away) and stole products called "Binger Clean" and "Indian Smoke Blend" because he and his girlfriend were addicted to them. Colpetzer also informed the police that his girlfriend would often spend hours in the bathroom at their apartment using the "Binger Clean" and that she would inject it using a syringe . jjj . June 9, 2013 , at or around 1548 hours, Officer Temple conducted a traffic stop on a vehicle with an expired inspection sticker being driven by Christopher Laughman as the vehicle was leaving the Magical Incense Shop parking lot . During the stop, Officer Temple was speaking with Laughman regarding what he had purchased at the Magical Incense Shop and he relayed to the officer that he had purchased the aforementioned "Indian Smoke Blend" product. The passenger in Laughman' s vehicle named Charles Hancock relayed to Officer Temple that he did the smoke the "Indian Smoke Blend" product in the past; however he does not do it anymore due to it having effects similar to cocaine. 14 4 . Along with unsolicited reports or complaints of criminal activity, law enforcement undertook an independent investigation: a. July 26, 2012, at or around 1100 hours, Officer Temple met with Lieutenant Mohn and Detective Wolfe, both of the Cumberland County Drug Task Force (CCDTF) . Lieutenant Mohn and Det . Wolfe informed Officer Temple that they were also aware of multiple complaints in numerous jurisdictions throughout Cumberland County, Pennsylvania. b. On this same date, they agreed to conduct an undercover purchase of evidence from the Magical Incense Shop and the Hemps Above Shop using Detective Wolfe as the undercover officer. Detective Wolfe was given $40 in official CCDTF funds to purchase suspected synthetic marijuana and a pipe at the Magical Incense Shop. As a result of the operation, Det. Wolfe managed to purchase a small vial of "Smoking Dragon" which had a safety seal on it and contained several grams of a plant material . The label on the vial described it as "potpourri" and "not for human consumption" . (NOTE: The "Smoking Dragon" product was mentioned several times during the aforementioned complaints received by the Mechanicsburg Police Department) . Det . Wolfe also purchased a "one hitter" pipe that he purchased with the "Smoking Dragon" . While purchasing the pipe, the employee described it as a "one hitter" . C . The "Smoking Dragon" was tested at the Cumberland County Forensic Lab. The results of that test showed that the plant material inside had a weight of 1 . 88 grams and contained a substance called UR-144 and WLR-11, which are structurally similar to JWH-018 (a Schedule I drug) . d. August 16, 2012, Lieutenant Mohn and Officer Temple arrived at the Magical Incense Shop to speak to Zeiders regarding the sale of the synthetic drugs which he sells as potpourri . They explained to Zeiders that the items that he sells are considered banned as a "Designer Drug" and he was being warned to stop selling them immediately. Zeiders was shown the "Designer Drug" section of the Controlled Substance, Drug, Device and Cosmetic Act and he then agreed to stop selling the products that contained structurally similar chemicals, particularly the "Smoking Dragon" product which appeared to be the more popular brand. e. August 31, 2012, Lieutenant Mohn learned from a confidential informant (CI) that the Magical Incense Shop is 15 selling a product called "Bing" (which is believed to be "Binger Clean" ) which is considered a "bath salt" . f . September 20, 2012, at or around 1200, CI#1795 purchased a plastic container of suspected synthetic marijuana that was labeled "Hex Blue Chill Blueberry" , and a bottle of isopropyl alcohol and a black package of "Binger Clean" (which the CI described as being a type of "bath salt" ) from the Magical Incense Shop. g. All of the items were sent to the Cumberland County Lab for testing. The items were tested and the "Hex Blue Chill Blueberry" was found to not contain any controlled substances . However, the "Binger Clean" , which is described as an "off-white powder" in the lab report, was found to weigh 0 .48 grams and contains a substance called methylenedioxyethylcathinone which is structurally similar to methylenedioxymethylcathinone (a Schedule I drug) . It also contains 5-methoxy-diallyltryptamine (5-MeO-DALT) , which is structurally similar to 5-methoxy- diisopropyltryptamine (a Schedule I drug) . h. November 21, 2012, • at or around 1536 hours, I met with Confidential Informant #1794 who subsequently purchased a package of "Binger Clean" and a package of product called "Indian Smoke Blend" from the Magical Incense Shop. i . The evidence that was seized from this incident was sent to the Cumberland County Lab for testing and upon it being tested the "Binger Clean" showed a sample weight of .44g containing 5-methoxy-diallyltryptamine (5-MeO-DALT) which is structurally similar to 5-methoxy-diisopropyltryptamine (which is a Schedule I drug) . j . The "Indian Smoke Blend" that was tested showed a sample weight of . 94g containing UR-144, which is structurally similar to JWH-018 (a Schedule I drug) . k. February 1, 2013 , at or around 1330 hours, CI# 1794 purchased a black package of "Binger Clean" and a bottle of isopropyl alcohol from Magical Incense . The CI stated that the "Binger Clean" that he/she purchased was a new brand, but he/she was informed that they still sell the old and the new versions . 1 . The "Binger Clean" was again sent to the Cumberland County Lab for testing and showed it to be a white powder with a sample weight of 0 . 54 grams containing alpha- 16 pyrrolidinopentiophenone, which is structurally similar to methylenedioxypyrvalerone (MDPV)which is a Schedule I drug. M. June 6, 2013 , at or around 1250 hours, Det. Wolfe while acting in an undercover capacity, purchased a package of "Binger Clean" and a package of a product called "Climber" which he recognized as being another type of "herbal smoke blend" . n. Both items were sent to the Cumberland County Lab for testing by Forensic Chemist Kristen McGough. Upon receiving the lab reports for the products, it showed that the "Binger Clean" was a white powder with a sample weight of 0 . 64 grams containing alpha-pyrrolidinopentiophenone which is structurally similar to methylenedioxypyrovalerone (MDPV) which is a Schedule I drug. The "Climber" product did not show any controlled substances . O. July 3 , 2013, Det . Wolfe, who was accompanied by a CI, conducted another undercover purchase from the Magical Incense Shop and obtained "Binger Clean" (which was packaged the same as before) , a bottle of rubbing alcohol, a glass pipe, a silver package of "Tobacco Alternative" , and a package of a product called "Brain Fart" . The package of "Tobacco Alternative" was in a blue package labeled as an "All Natural Smoking Blend Chemical Free Tobacco Alternative" . The "Brain Fart" was in a blue package and labeled as an "All Natural Smoking Blend Chemical Free Tobacco Alternative" . p. During the purchase, Det . Wolfe and the CI engaged the owner Theodore "Ted" Zeiders in conversation. Zeiders agreed to sell Det . Wolfe the "Climber" product in bulk but only if Det. Wolfe would not sell it in a retail store. While Det. Wolfe was speaking with Zeiders, he observed a male leaving with a large vacuum sealed bag which he put into another big bag. Det. Wolfe stated that the vacuum sealed bag contained a leafy substance that was similar in appearance to marijuana, however he did not get a good enough look at it to be certain. q. The suspected synthetic drugs were sent to the Cumberland County Lab for testing and upon receiving the lab reports they showed the "Binger Clean" as a white powder with a sample weight of 0 . 63 grams containing alpha- pyrrolidinopentiophenone which is a Schedule I drug banned under Act 40 House Bill 1217 . The other two products that were sent to the lab showed that they did not contain any controlled substances; however, an officer did speak with 17 Forensic Chemist Kristen McGough and she informed me that they did contain a chemical called PB22 and that the products were not chemical free . 5 . In accordance with 42 Pa.C.S .A. §8384 (a) , the Commonwealth avers the presence of the Magical Incense Shop has had a severe impact on the residents of the Borough of Mechanicsburg: a. There has been a large volume of ambulance and/or police calls in the Borough of Mechanicsburg which are either directly related to the property or related to the sale and use of synthetic marijuana and/or bath salts . See paragraph three above . b. Citizens have been randomly approached with requests for money to purchase bath salts from the Magical Incense Shop. See paragraph three above. C . Several undercover purchases of illegal substances have been made from the Magical Incense Shop. See paragraph four above . d. There have been multiple arrests of persons on or near the property for violations of criminal laws . See paragraph three above . e. Multiple citizens have called law enforcement expressing their concern about the Magical Incense Shop and its detrimental effect on the community. See paragraph three above . 6 . In accordance with 42 Pa. C.S .A. §8384 (b) , multiple attempts by different Mechanicsburg Borough and Cumberland County Drug Task Force officers have been made to educate and warn Theodore "Ted" Zeiders about the items he is selling and their detrimental impact on the community to no avail . WHEREFORE, the Honorable David J. Freed, District Attorney of Cumberland County, respectfully requests This Honorable 18 Court to enjoin Theodore "Ted" Zeiders from conducting business as the Magical Incense Shop at 30 North Market Street, Mechanicsburg or anywhere in the Borough of Mechanicsburg, Pennsylvania and to allow plaintiff to seal the property, and assess a civil penalty against Theodore "Ted" Zeiders in the maximum allowed amount of $10, 000 . 00 . Respectfully submitted, David J. Freed, District Attorney By: Matthew P. Smith Chief Deputy District Attorney One Courthouse Square, Room 202 Carlisle, PA 17013 19 VERIFICATION I, David J. Freed, District Attorney of Cumberland County, Pennsylvania 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 Date: August ly 2013 DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA V. THEODORE "TED" ZEIDERS, J - MAGICAL INCENSE SHOP C3 30 NORTH MARKET STREET MECHANICSBURG, PA 17055 NO. 13- CIVIL-� APPLICATION FOR TEMPORARY RESTRAINING ORDER The Commonwealth, by the District Attorney of Cumberland County, David J. Freed, by and through his assistant, Matthew P. Smith, Chief Deputy District Attorney respectfully avers as follows : 1 . The plaintiff, the Honorable David J. Freed, District Attorney of Cumberland County has contemporaneously filed a Petition for Abatement of a Drug-Related Nuisance at the above captioned docket number. 2 . Title 42 of Purdons Statutes, Judiciary and Judicial Procedure, Subchapter H, Section 8386 et . sec. . , allows this court to grant a preliminary injunction or temporary restraining order pending a hearing on the underlying matter. 3 . Pursuant to Pennsylvania Rule of Civil Procedure 1531 (a) and (d) , the Court may grant special relief to the plaintiff without notice to the opposing party. If, however, the Court grants such relief, it must hold a hearing within five days or the preliminary injunction is automatically dissolved. 4 . The Commonwealth believes and therefore avers that immediate and irreparable injury will be result if this Honorable Court does not grant the temporary restraining order ( "TRO" ) . 5 . The standard for granting a "special injunction" or TRO is well settled. In deciding whether to grant or deny a TRO: Pennsylvania Courts weigh whether (1) an injunction is necessary to prevent immediate and irreparable harm; (2) greater injury would result from refusing an injunction than from granting it; (3) an injunction would properly restore the parties to their status immediately prior to the alleged wrongful conduct; (4) the movant is likely to prevail on the merits of the action; ('5) the requested injunction is reasonably suited to abate the offending activity; and (6) an,injunction would adversely affect the public interest. Summit Towne Centre, Inc . v. Shoe Show of Rocky Mount, Inc . , 828 A. 2d 995, 1001 (Pa. 2003) . 6 . The Petition for Abatement of a Drug-Related Nuisance filed at the above captioned docket is incorporated by reference herein. 7 . This injunction is necessary to prevent immediate and irreparable harm: Between the years 2006 and 2013 , there have been 61 calls/incidents involving the property and/or bath salts and synthetic marijuana to include burglary, 2 assault, overdoses, and panhandling. See Petition for Abatement of Drug-Related Nuisance, 13a-jjj . 8 . Greater injury would result from refusing an injunction than from granting it: It is not hyperbole to state that every day the Magical Incense Shop remains open for business, is a day where a citizen can overdose or have adverse effects from bath salts . Theodore Zeiders has been warned repeatedly that he sells banned substances and refuses to comply with less coercive means . Further, although there is a concomitant criminal investigation, a search or seizure warrant would only shutter this business for short amount of time . 9 . This injunction would properly restore the parties to their status immediately prior to the alleged wrongful conduct : In essence, the status would be one of not selling illegal substances and the associated paraphernalia. 10 . The movant is likely to prevail on the merits of the action: The Commonwealth believes and therefore avers that it could show at trial by preponderance of evidence, that a drug-related nuisance exists as defined by 42 Pa. C.S .A. §8381, et. cetera. 11 . The requested injunction is reasonably suited to abate the offending activity: Anything less than allowing 3 the plaintiff to seal the property would permit Theodore Zeiders to restock the offending brand name, bath salts and/or .synthetic marijuana or allow him to restock with different brand name, bath salts and synthetic marijuana. Law Enforcement would be repeatedly caught in a cycle of investigating new brand names, filing charges against Theodore Zeiders, and prosecuting him, all the while the business would remain open causing a blight within the community. There is no other legal mechanism by which' the Commonwealth and the plaintiff can prevent Theodore Zeiders from operating the business . 12 . The injunction would adversely affect the public interest : On the contrary, the public interest is to close the business and the associated harm it is causing. See Petition for Abatement of Drug-Related Nuisance, ¶3a-jjj . WHEREFORE, the Commonwealth through District Attorney, David J. Freed, respectfully requests that Your Honorable Court enter an order to . seize and seal the real property of Theodore "Ted" Zeiders, known as the "Magical Incense Shop" which does business at 30 North Market Street, Mechanicsburg, PA 17055 until further 4 Order of Court and to grant a preliminary injunction or temporary restraining order pending a hearing on the underlying matter within five days . Respectfully submitted, David J. Freed, District Attorney By: Matthe P. Smith Chief Deputy District Attorney One Courthouse Square, Room 202 Carlisle, PA 17013 5 VERIFICATION I, David J. Freed, District Attorney of Cumberland County, Pennsylvania 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 . Date: August 14A 2013 6 s , DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA V. r THEODORE "TED" ZEIDERS, D/B/A -- =3V_ > (-n MAGICAL INCENSE SHOP �� p+': 30 NORTH MARKET STREET MECHANICSBURG, PA 17055 NO. 13- �1 CIVIL TEMPORARY RESTRAINING ORDER AND NOW, this day of August, 2013, upon motion of the Commonwealth through District Attorney, David J. Freed, IT IS HEREBY ORDERED AND DIRECTED that the real property of Theodore "Ted" Zeiders, known as the "Magical Incense Shop" which does business at 30 North Market Street, Mechanicsburg, PA 17055 is seized and sealed the until further Order of Court. IT IS FURTHER ORDERED AND DIRECTED that a hearing on this matter will be held within five days, to be heard on Ira-e r, t--, the tyo%% A $ q}Ofy Q,ot day of y l �, 2013 in Courtroom No. 1, Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court. Albert H. Masland J. Matthew P. Smith Chief Deputy District Attorney Theodore "Ted" Zeiders, Respondent Magical Incense Shop t' s 30 North Market Street Mechanicsburg, PA 17055 De- A/K DAVID J. FREED, IN THE COURT OF COMMON PLEAS OF DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA V. THEODORE "TED" ZEIDERS, D/B/A MAGICAL INCENSE SHOP 30 NORTH MARKET STREET MECHANICSBURG, PA 17055 NO. 13-4818 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2013 , the parties having convened in court for a hearing on the application for a permanent injunction, upon agreement of the parties, the temporary restraining order granted on August 15 , 2013 , is continued in the form of a preliminary injunction pending receipt by the Court of either the terms of an agreed upon order granting a permanent injunction or the request of either party for a hearing on the merits . By the Court, Albert H. Masland, J. Jaime M. Keating, Esquire i t �vvu Office of the District AttorneCy y a Lawrence J. Rosen, Esquire For Defendant w ---; p r s =rn gar ;V G",) -O / �!a DAVID J. FREED IN THE COURT OF COMMON PLEAS OF DISTRICT ATTORNEY CUMBERLAND COUNTY, PENNSYLVANIA V. C- THEODORE "TED" ZEIDERS, D/B/A C) MAGICAL INCENSE SHOP 30 NORTH MARKET STREET MECHANICSBURG, PA 17055 NO. 13-4818 CIVIL 7G ORDER OF PERMANENT INJUNCTION AND NOW, this �t day of 1, 2013, upon Application of the Commonwealth and in accordance with the provisions of 42 Pa. C.S.A. §8389 of the Judiciary and Judicial Procedure, the Court finds and Respondent does admit that the Commonwealth of Pennsylvania / Plaintiff has shown by a preponderance of the evidence, that A drug-related nuisance does exist in the above-captioned case; THEREFORE, IT IS HEREBY ORDERED AND DIRECTED that the real property of Theodore "Ted" Zeiders, known as the "Magical Incense Shop" which does business .at 30 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania is hereby enjoined from operating as a business until further order of the Court . By the Court, Albert H. Maslane ✓Office of the District Attorney - al�Y91, 0-Ty wrence J. Rosen,, Esquire ' Attorney for Theodore Zeiders 2 9//2 Z:az