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Criminal charges filed – then withdrawn – against former Lycoming County Commissioner

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Rick Mirabito.

A landlord-tenant dispute briefly resulted in criminal charges being filed against former Lycoming County Commissioner Richard Mirabito, according to Williamsport police late Tuesday morning before the district attorney's office announced around 5 p.m. Tuesday that the charges were being withdrawn.

Mirabito, who owns an apartment building at 1005 Vine Ave., was initially charged with felony burglary, felony trespassing and misdemeanor theft, for evicting tenant Joyleen McClements illegally, and taking her keys, police alleged.

The district attorney's office later said a signed withdrawal form was submitted to District Judge Christian Frey, notifying the magisterial judge that the district attorney's office would not be pursuing a prosecution and no further criminal action would be taken.

The incident took place about 11 a.m. Monday, police said.

McClements was visiting a neighbor in the building and saw Mirabito in the hallway, police said.

Mirabito told McClements in the hallway “It was ‘the first,’ and she needed to get out. Mirabito opened McClement’s door, entered the apartment and demanded her keys,” according to a police affidavit.

“McClements followed Mirabito into her apartment. Mirabito got McClements’ apartment key off the TV stand and told her she ‘did not need her keys to leave.’ He then left the apartment” with the keys to her apartment and the building, the affidavit stated.

“Mirabito did not legally evict McClements nor did he give her any notice to enter the apartment. She did not give Mirabito access to her apartment or her keys,” the affidavit added.

Police alleged in a criminal complaint filed Monday that Mirabito, 67, of 98 Lamont Drive, Cogan Station, “opened the victim’s door and entered her apartment without notice or permission to do so.”

A warrant for Mirabito’s arrest had been filed at the office of Frey, which due to the withdrawal form now is nullified.

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