Commonwealth v. Metzker

DEL SOLE, Judge:

The District Attorney of Luzerne County appeals a trial court order directing the filing of a previously disapproved private criminal complaint. Pa.R.Crim.P., Rule 133(B)(3)(ii). We reverse.

The private complainants are officers of the Kingston Man- or Social Club, an organization of senior citizens who reside in the Kingston Manor Apartments. The defendants are former officers of this club. Following a change in officers, the complainants had reason to believe that cash shortages existed *96in the sale of soda from an on site soda machine. After unsuccessfully trying to resolve…