A Lansford man faces charges of official oppression and defiant trespass for acting in an official capacity as a state constable in September.

Lansford police filed charges against Edward Evans III, 37, of West Bertsch Street, this week. A preliminary hearing is scheduled Feb. 2 in district court in Lansford.

Borough police received a complaint on Sept. 16 from state Constable David Sheats for what appeared to be a possible illegal eviction on the 800 block of East Patterson Street.

Sheats checked with district court and found that nothing had been filed regarding an eviction, and contacted borough police, according to the criminal complaint against Evans.

Borough police then received another complaint from a Lansford man regarding a garage he rents at the rear on East Patterson Street. It was posted by state Constable Edward Evans.

The notice stated that all most recent tenants/former tenants and occupants are excluded from the residence on Aug. 29 and that “proper notice to vacate property or pay was posted on property.” The tenants’ names were printed by hand on the notice, which was posted at his home and on the rented garage.

The tenant told police that he called Evans and told him that the paperwork was not valid, but Evans told him that they were not allowed on the property.

The tenant told Evans not to come back on his property, and posted “No trespassing” signs. He went to the magistrate to file civil paperwork to get his property back.

Police followed up with the tenants, who said that Evans returned after being told not to and after the signs were posted.

On Sept. 20, Lansford police were called to the tenants’ home for an unwanted person. They told police that Evans had returned and served additional nonofficial paperwork, which the woman threw on the ground and told Evans to leave.

She gave police the paperwork, which was a “Termination of Rental Agreement” that stated as of Aug. 29, a lien had been placed on their property by Evans. The notice further stated that a payment of $500 was required with an additional $100 for each additional month.

The owner of the garage told police that she hired Evans to do an eviction, and also to serve the second set of paperwork.

She told police that she believed she was doing things properly, but nothing had been filed through the court system.

She also told police that she learned about Constable Evans from Facebook, contacted him and paid him in cash to have her family members evicted from her garage. She said she was following her attorney’s advice, the complaint against Evans stated.

Her attorney told police that he did not instruct or advise Evans to do anything, and he was not told to remove anyone from the property.

A check of the report management system used by borough police found that Evans did tell Detective Josh Tom that he posted this property on Aug. 29, police wrote in the complaint against Evans.

Borough police verified the process for filing and executing an eviction through the civil courts. The tenant must be given verbal or written notice, and the tenant has 10 days to respond. The landlord then files paperwork with district court, pays fees, and contacts a constable to post the property, the complaint explained.

The tenant has five days before a hearing in front of a judge, and the tenant has 10 days to appeal, and then the landlord files for repossession and eviction date. This is given to the constable to post.

Constables cannot place a lien, an order is needed from a judge, and a constable needs probable cause to enter a property, which comes from official paperwork from a judge, the complaint explained.

If a constable is there to post a property and is asked to leave, he or she must comply with the tenant’s request until authorized by the courts, the complaint stated.

Borough police contacted the Pennsylvania Commission on Crime and Delinquency, the state agency responsible for training and certifying state constables and found that Evans underwent 12 hours of training in civil law and process.

The commission’s website lists 80-hours of basic training for a state constable, and civil law and process is one of 14 training segments that are required.

The victims told police that they felt intimidated and threatened with arrest and prosecution if they did not comply with Evans’ orders, and Evans pointed out that he carried a firearm, which caused them fear for their personal safety.

The victims were also led to believe that they had to pay money directly to Evans to avoid further penalties or arrest, police wrote in the complaint against Evans.

Officers did attempt to interview Evans, who told them he hired an attorney.