Court rejects home seizure

Government tried to take property of woman who played minor part in drug ring

Commonwealth Court has rejected a government attempt to take the home of a Clearfield County woman who was convicted of playing a minor part in a family drug ring.

The case before the appeals court focused on the conviction of Pamela Gavlak, who lived at 4714 Morann Ave. in Houtzdale.

Gavlak worked as a nurse at the State Correctional Institution at Houtzdale, and she and her late husband paid off the mortgage on the home in 2012.

By 2016, the home included her adult son, Robert, her daughter, Catherine Anderson, and her daughter's husband, Todd Anderson.

Police contended that Todd Anderson would periodically travel to his hometown of Beaver Falls, where he would purchase cocaine.

The cocaine would be cut into smaller amounts in the Gavlak home and placed in bags for street sales and then distributed.

Eventually, law enforcement made 11 controlled buys from Todd Anderson, Catherine Anderson and Robert Gavlak.

Five of those buys, beginning on July 20, 2016, and continuing through March 20, 2017, occurred at the house.

On March 21, agents of the Attorney General's Office executed a search warrant and found cocaine, a notebook listing drug sales and money in the home.

According to a Commonwealth Court opinion issued late last week, Gavlak's son, daughter and son-in-law were arrested first.

In an interview with agents, Pamela Gavlak stated she knew her son and daughter had "substance abuse issues" and that she and her husband had sent them for treatment.

Gavlak explained that she, at times, had traveled to Beaver Falls with Todd Anderson because they both worked on the weekends as disc jockeys for receptions, weddings, birthdays and memorials.

After the interview, police charged her with drug-related offenses, including possession with intent to deliver and conspiracy.

She eventually pleaded to those charges and was sentenced on July 10, 2018, by Clearfield County Judge Frederic J. Ammerman to serve 22 months to five years in prison. She was fined only $3.

However, on May 24, 2018, the commonwealth sought forfeiture of her home, contending it had been used for the storage and distribution of illegal drugs.

The forfeiture petition charged that Gavlak knew her home was being used "to facilitate a large-scale cocaine distribution network."

She denied she knew drugs were being sold from her house.

Gavlak explained she knew her children had drug addictions and allowed them to live with her "to provide a safe environment for her children and grandchildren, and ... to help fight these addictions."

It wasn't until 18 months ago that the trial court conducted a two-day non-jury trial on the forfeiture issue.

During the trial, Gavlak testified that a supervisor at her place of employment (Houtzdale SCI) related to her that there was a rumor drugs were being sold from her house.

She confronted her family members about the rumors, and they denied any drug activity.

During the trial, Gavlak stated she never saw drug sales or packaging activities go on in her home.

Ammerman ruled that the commonwealth had shown the house was used for drug activities and with her conviction for drug activities, she was not able to use the "innocent owner defense."

But the judge concluded there was no evidence presented that Gavlak "actually knew or was reckless in allowing drugs to be sold from the house."

The judge found Gavlak did not know her adult children were making drug sales from the house and to take her home (valued at more than $100,000) "would impose an excessive penalty in violation of the Eighth Amendment to the United States Constitution."

He pointed out Gavlak's sentence for her offenses could have been up to 27 years behind bars and a fine of $215,000.

She received a sentence of up to five years and a fine of only $3. Her sentence, according to the trial court, was "only a fraction of the penalties authorized."

He rejected the forfeiture request.

In its opinion, a three-judge panel of the Commonwealth Court agreed with Ammerman.

The opinion, written by Judge Mary Hannah Leavitt, listed 16 factors that a judge should consider when determining whether forfeiture in a drug case is proper.

She also pointed out that in her written plea colloquy, it was not established that Gavlak knew or consented to the illegal use of her house.

The opinion noted that in comparing the maximum penalty to the penalty imposed on Gavlak, "the trial court did exactly what is required in gauging the gravity of her offense."

Leavitt quoted a decision by the Pennsylvania Supreme Court that stated, "The loss of one's home, regardless of its monetary value, not only impacts the owner, but may impact other family members, and one's livelihood.

"Indeed the home is where one expects the greatest freedom from governmental intrusion; it not only occupies a special place in our law, but the most exacting process is demanded before the government may seize it."

The Commonwealth Court opinion concluded, "Simply the Commonwealth presented no evidence to allow the trial court to make a reasonable inference of Gavlak's actual knowledge of the illegal use of her house or consent to the underlying criminal activity."

Judges Anne E. Covey and Ellene Ceisler were also members of the panel.

Todd Anderson was identified as the leader of the drug organization. He was sentenced to eight to 16 years behind bars.

State Court records indicate he was recently released on parole.

Each of Gavlak's children received prison terms of 11.5 to 23 months.