The URL can be used to link to this page

Home My WebLink About97-01698 STEPHEN L. DICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 97- I~W M~ CIVIL ACTION - LAW i I , , I I' I I 'I Petitioner v. R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, Respondent , 1997, in consideration of the foregoing Petition for Appeal, Respondent is or red and directed to show cause, if any there be, why he should not issu\t~ application for a license to carry fireanns filed to Petitioner. Rule returnable 7-0- days after service. BY THE COURT, 1. f 'J"lI.UNIATAfH.li\l.H,N[U'Q1\I?O}.PLT lit.!... t"nled O\14'Q10~OlOttrl.1 RIfYUeIIO\"1tl.'lj1t:N01'&AM STEPHEN L. DICK, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 97- /~ 'if ewu TU-- CIVIL ACTION - LAW v. R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, Re.pondent PETITION FOR APPEAL AND NOW, comes Petitioner, Stephen L. Dick, by and through his attorneys, MARTS ON, DEARDORFF, WILLIAMS & OTTO, pursuant to 18 Pa. C.S. ~6114 and 2 Pa. C.S. Ch. 7, Subch. B, and, in support thereof. avers as follows: 1. Petitioner is an adult individual residing at 2421 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, at all times pertinent hereto, was the SheritfofCumberland County. 3. Petitioner is in the business of residential and commercial renovation and remodeling under the name of "Steve's Tile Service." 4. At all times pertinent hereto, Petitioner was the holder of a valid concealed firearm cany pennit issued by the SheritfofCumberland County pursuant to the Uniform Firearms Act, 18 Pa. C.S. Ch. 6], Subch. A. 5. The five year term of Petitioner's carry permit was due to expire on or about April 1,1997, 6. On or about February 10, 1997, Petitioner applied to Respondent for a renewal of said carry permit. 7. On or about March 14, 1997, Respondent denied Petitioner's application. A copy of said denial is attached hereto and marked Exhibit "A." 8. As stated on Exhibit "A," Respondent's denial was based on the allegation that Petitioner was "currently being investigated for making verbal public threats against local law enforcement officers," 9, As a result of the above, Respondent asserted that this made Petitioner "an individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety," and consequently denied Petitioner's application in accordance with 18 Pa. C.S. 96109. 10. Petitioner has never made threats against local law enforcement officers. II. Petitioner is unaware of any such investigation. 12. Petitioner has never been contacted by Respondent or any representative of Respondent or any law enforcement officer with regard to such allegations. 13. Petitioner has never acted with a firearm in a manner dangerous to public safety, nor threatened to do so, and there is no reason to believe that he will do so in the future. WHEREFORE, Petitioner requests your Honorable Court to enter judgment in his favor and to order and direct Respondent to issue the application for a license to carry firearms filed by Petitioner. MARTSON, DEARDORFF, WILLIAMS & OTTO By :fn1:;~Jm'.~~ Ten East High Street Carlisle, P A 170 I 3-3093 (717) 243-3341 Attorneys for Petitioner Date: April 2, 1997 Exhibit A 3C1 Market.S"eet . P. O. I\ox 109 Lcmoyne, Pennaylvanla 17043.0109 LAW OPFICES JOHNSON, DUFFlE, STEWART & WEIDNER f\ P, 1001 " -" IMAY lr \ ""t)f Telephone (7\7):161-45-40. Tetecopler (717) 76\03015 Q,vJr~ PetitIoner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.1698, CIVIL TERM STEPHEN L. DICK. v. R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, Respondent CIVIL ACTION. LAW ~R TO PETITION FOR APPEAL AND NOW, comes the Respondent. Sheriff R. Thomas Kline. by end through his attorney. Horace A. Johnson. of Johnson. Duffie. Stewart & Weidner. who files the following Answer to Petitioner's Petition for Appeal: 1. Admitted. .' " .1 I . ! . 1 : "' 2. Admitted. , " ._1 "' . .\ ,. " .., \ - . ~ . .~ 3. Admitted. ;) .11 , , , ,- ! 01 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. ---- ---- 099999.ooo201April 15, 1997I11AJIPAR162783 8. Denied es stated. To the contrary, Respondent's denial wes based on 18 Pa. C.S. ~61 09(e)(1 )(i), which prohibits the Issuance of a license to carry firearms to a person who Is "an individual whose character and reputation ara such that the Individual would be likely to act in a manner dangerous to public safety". 9. Admitted. 10. Danied. To the contrary. it Is averred that the Petitioner did threeten to shoot members of tha Police Force of Middlesex Township. 11. Petitioner's knowledge of the existence of an investigation is not relevant. but if it is determined contrary-wise, Respondent enswers as follows: After reasonable investigation Respondent is without knowledge or information sufficient to form a belief es to the truth of the averment in Paragraph 11. 12. Law enforcement contacts with Petitioner regarding threats by Petitioner are not relevant, but if it be determined contrary-wise. Respondent answers as follows: After reasonabla invastigation Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 12. 13. As regards the first clause in Paragraph 13, Respondent aftar rsasonable investigation is without knowledge or information sufficient to form a belief as to the truth of that clause. As to that portion of Paragraph 13 wherein Petitioner denies he ever threatened to use a firearm in a manner dangerous to public safaty, Respondent avers that Respondent was reported to have done so. This report provides sufficient reason to believe that Petitioner may act in a manner dangerous to public safety. .2. 099999-()OO20'Aprill5. 1997/11A1IPAR/62783 VERIFICA TION I, SHERIFF R. THOMAS KLINE. verify that the foregoing Answer to Petition for Appeal is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. which provides that if I make knowingly false averments, I may be subject to criminel penalties. Date: /_-~ "// C. ~IY // / ~ ~:/)'/ ~- _ / ~7?"d,// ..' SHERIFF R. THOMAs KLINE -4- 099999.00020/April15, 19971HAJ/PARl62783 Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.1698, CIVIL TERM STEPHEN L. DICK. v. R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, Respondent CIVIL ACTION - LAW AND NOW. comes the Respondent. Sheriff R. Thomas Kline, by and through his ettorney. Horace A. Johnson, of Johnson, Duffie, Stewart & Weidner. who files the following Answer to Petitioner's Petition for Appeal: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. cm999-00020/April U. 19971/1AJ/PARl62783 8. Denied as stated. To the contrary, Respondent's denial was basad on 18 Po. C.S. S61 09(e)(1 )(1), which prohibits the Issuance of e license to carry firearms to a person who is "an Individual whose charecter and raputatlon ere such that tha Individual would be Iikaly to ect In a menner dangarous to public safety". 9. Admitted. 10. Denied. To the contrary. it Is averrad that tha Petitioner did threaten to shoot membars of the Police Force of Middlesex Township. 11. Petitioner's knowledge of the existence of an investigation is not relevant, but if it is determined contrary-wise. Respondent answers as follows: After reasonable investigation Respondent Is without knowledge or information sufficient to form a belief as to the truth of the averment In Paragraph 11. 12. Law enforcement contacts with Petitioner regarding threats by Petitioner are not relevant. but if it be determined contrary-wise. Respondent answers as follows: After reasonable investigation Respondent is without knowledge or information sufficient to form a balief as to the truth of tha averments in Paragraph 12. 13. As regards the first clause in Paragraph 13. Respondent aftar reasonable investigation is without knowledge or information sufficient to form a balief as to the truth of that clause. As to that portion of Paragraph 13 wherein Petitioner denies he ever threatened to use a firearm in a manner dangerous to public safety. Respondent avers that Respondent was reported to have dO:le so. This raport provides sufficient reason to believe that Petitioner may act in a manner dangerous to public safety. -2- 099999-00020/April 15. 1997/HAJ/PAR/62783 . . , I Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-169B, CIVIL TERM STEPHEN L. DICK, v. R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY. Respondent CIVIL ACTION - LAW CERTIFICA TE OF SERVICE I. HORACE A. JOHNSON. 'of the law firm of Johnson. Duffie. Stewart & Weidner. attorneys for Defendant, do hereby certify that I sarved a true and correct copy of the within Answer to Patition for Appeal on the following by depositing a true and correct copy of same in the United States Mail, first class. postage prepaid. addressed to: THOMAS J. WILLIAMS. ESQUIRE Martson. Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON. DUFFIE. STEWART & WEIDNER By: DATED: J71a.{:! ? .1997 t7 r~ In - -" , , " l.,l ("'.~ t:" l. L_ .' l " (J.., , ,-. I' I ,. -:-OJ . '". I.. f I' 1'- .) U 0', U !;~~~::~:1~~;~~~~~~h]~5~~1:t~"~!~~1~~~,;"~~~~~;:':ttf:~::.iS~~r:~:5~~~u~1~~:;..~~ 'i~}~: :'-~~ ~:~~:;~;~I'~::~ '~~"~f~~.~ - ~\'7:~/::-'~:}~~ "ili~:;-:::.~~~ ~: uL,;~- ~<::\' / ~i;.:" I~:~-" ("'. '. J;'"t.tE-:.: ~!t'; !1;;; E:gp" : _;l~ ~ ,., .', ". ,;{tfRi'::;: ~1};r~:'~'~, rt~r-:~h'- If'\;""" ' I~~';r(i :~.~ ~'?i:~!!;'" ~",~,t.l;i;:' 1t~~H,,' ~..,. " ~.,. i~;';' ~il ~~'~ .)f..., ~f~:J{:.~;:/ ~i:~/t\-, m~I1':i':~\' ov.!i'" . ~.,.;y:;., ~e~~":' ."n.",~: 't'~"'.' . 'i;)~, f'~I,---', "0.:',:',,':'.. - ~' I!' 4 ]~;~::.. ' : '1-;'.'-' ~1:~;j~'~'\" " ~iL\r,t: ~~J::l. f:< ,... ~-~~<:. ~;;" ~'.t~':: ...'Ii . ~~':"_. I~~(:: #1 '.~' . H., ~"jj;;:"'" .': lp, I .~ ~1,'," 1%.. !S~j;> ~Jm;'~ f~L::'~ "?~i7 . j~".. ~f'~-'--' . ~~,)1'1. C") ~ IJ') .. s 8~ ::r: ~ i ex >. 0;:J lO , ~"0 - m~ ~ .'~ ,~ ,... ~' O'l o~ E-tD: L'al~ ~i ~~ CIlH ~~ :z:fg ~S CIlE-t gjH re I-< ~, I ~ ~ I M 'h~!I :i t:l clJ'oII':.. ~ ~ ~', ~ 9 o ...... ~ '" , , ..' ' \' l.'....' '" ;". "'. .....': -,,' ',....' "" ., .._ ,. ",' '. .. . '. ,I. 099999.()()(y'!O/lul1C 16. 1997/IfAl/PAR/644SI STEPHEN DICK. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Petitioner v. NO. 97.1698 CIVIL TERM R. THOMAS KLINE. Sheriff of Cumberlend County. CIVIL ACTION - LAW Respondent RESPONDENT'S RESPONSE TO PETITIONER'S INTERROGA TORIES INTERROGATORY NO.1 See attached letter. dated March 11. 1997 from the chief of Police of Middlesex Township and memo. dated March 11, 1997 of Detective Sergeant William Goodhart to the Chief. INTERROGATORY NO.2 See response to Interrogatory No.1. INTERROGATORY NO. 3 Sheriff Thomas Kline conferenced with Detective Sergeant Goodhart on June 12, 1997. See attached copy of unsigned statement of Robin Snyder. Sheriff's deputies contacted William Capshaw and Robin Snyder and received their written statements. Copies attached. Results of investigation were not communicated to any persons other than personnel of Sheriff's department. mm-OOO!OIJul1C 16, 1997IHAJ/PAR/64451 INTERROGATORY NO.4 See Response to Interrogatory No.3. DATE: '<-, ..d.... /// / // // ,'" l../~?-!,/t' / ~ -eHICr ElCPUT'f SHERIFF / 2 099999.00Q:!O/lulIC 16. 1997/HAl/PAR/644SI CERFICAIE OF SER.VICE I hereby certify that a copy of the foregoing Respondent's Response to Petitioner's Interrogetories was served this date by delivering the same to the offices of Martson, Deardorff, Williams & Otto, Ten East High Street Carlisle, PA 17013 DATE: /tft ~ 1'7 I ~/ 4 \ ' COUNTY CONTROL 243-4121 .238.9676 OFFICE 249.7191 Barry L. Sharman Chief of Pollco MIDDLESEX TOWNSHIP POLICE DEPARTMENT 350 North Middies.. Road Sullo 3 Carlisle. PA 17013 March II, 1997 R. Thomas Kline Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa. 17013 Dear Sheriff: I understand that Stephen Dick is currently attempting to renew his Cumberland County pistol pennit. My Department has infonnation that Mr. Dick made threatening remarks about members of the Middlesex Township Police Department. At the February 24,1997, meeting of the Carlisle Gun Club, Mr. Dick was h~ard to say that he carried every weapon, magazine and ammunition he owned when he had to drive into Middlesex Township. Mr. Dick said ifhe was stopped and the situation arose, he would shoot the officer then go to the Township building and get as many of them before they were able to get him. He also said he would not be taken alive and none of the Police officers deserves to be alive. Del. Sgt. Goodhart contacted members of the Carlisle Gun Club to confinn the story. I am asking you to take a close look at Mr. Dick and detennine ifhe is really the kind of person who should have a pistol pennit in Cumberland County. If you have any questions on this matler, please contact me at 249-7191. Sincerely, 13a?;/ ~ Barry L. Shennan Chief of Police ,j . (G(Q)WJW To: Chief Sherman From: Det. Sgt. Goodhart ~J:: Date: March II, 1997 Re: Stephen Dick Tuesday, March 4, 1997, I was contacted by Robin Snyder. Mr. Snyder wanted to advise me of statements that had been made at a meeting of the Carlisle Gun Club. The meeting, held on February 24,1997, was attended by several members of the gun club, including Stephen Dick. , Snyder reported the statements made by Mr. Dick were threats against the Middlesex Township Police Department. During the meeting Mr. Dick allegedly made the statement that because of harassment by the police in Middlesex Township he tries to . avoid driving through the Township and has turned down jobs in Middlesex. In the future, when he knows he will be going through Middlesex, he will have his firearm. all his magazines and all his ammunition. Ifhe gets stopped and he has to he will shoot the officer. then go back to the Township Building and get as many of them as he can before they get him. Mr. Snyder gave me a letter with a list of names of members of the club who attended the meeting. The list included a State Constable, a retired Stute Police Sgt. and officers of the gun club. Of the names contacted. one remembered Mr. Dick making the statement and one could not recall ifhe said it or not. Messages were left on answering machines, but no calls were returned. Not every name on the list was contacted and of those who were supposed to be at the meeting, some arrived latc for the meeting, after Mr. Dick left. Dnte S"~L"1 Or? STATEMENT OF:lt, I \\\-I+<n ~ C (>r-? So hi-:"-....J REFERENCE: s,".ow':" ~ ~<- \C- Pnge r-io. _ of _ Pnges c 0 ~j i\ ~e.- We::' e. (..c., R c' ~~;;- G.. ;1"<. .J~ b d '-I It... /11 ~p ~ ~ 4 \ T ~'<\\M c0... ~~ CCI"'-\""'~ c,....,., ('.I...u\;l., , G'" l\ \.'-..$'(,Ol\..{ ~~ ,(Id.-- V ~ '.s -l A",...-c -\. <:.::-ic"~'" U l <- V- ,-, ""t "^....~: <; 'L \ ~ l.u i!... "- L'" '\<-..... C/tlc... It'll' 1",( ",7. tlb"J";"""" i--...e ,",,~~ To C=..O Tv I"'0...M\..S~"+ 'To .V v S/',./1 - 7";) T1\~ 1 (2 e (' ",,-h.t? d.. ~ v.. d,~ ,",,'1 - ,,," ,J, ,",,0 lD (\ch.. ~- e,.. "-" "i . V l ." ;~ L _I, (.,<-~'" Y\e... "'~ $ --co I- r... l'-<::- (.:.lC"<'~ - Dc'C P-VSC: \\<> i,..~-=c- -rt,-l.'!\-"\: ~...;,,-,,\j T\.~ ~e, v~C' I ~7L> 11;-('1// Tc-cu/I s.,in) , :\ (', I y(", iYl,ddt'5c'i PelLe. lJ(''(""(' 0<1"', c.::, G~ ~'-'r<' ~.- CO Iy"... '(1,,;; / - ,Pv T j- ,J w. T P 1,1-S!.f"J:.. /T 0-++ f( "-. \,.,> ~~~"':> ~\(,,<\.4'i~'^~ 'lJe,. S,,-,u ~.c..\. 1-,,,,, 'b{_.>,~ A;"T It> woeV- ctL be d61e ~t; t (L- l) ;:: 'M lAc;.( V\ p...v ~ h G 1'> '\ Q ~. \"-::> r~ ~ 1 tV I{~ j> 11-5 I - ~ ..0: 'J;. :-J(~ /'s71l@ ~y 0Y.'t:: )/-11 ~/ e: ./1;11; \:.-, "'" ..... \'V'-...&lt<:, St',>,,- Pol..',c.-.:> 0.:> ("";;\ K no,u u.....'r.,-,.,.'""i;, W; 11-( tfJ- J:' I~e((t:-d- n1 ~ I',Ntlt' r.1 A-r;~_:'" \ U l.JLQ.,C'>N'- ~ C "114 ~ - / 'tf.Y /.J,!,JiJ/<'11 /J.:.. .f.-fll t?, ,-t. I'':'(r- I A:.... I '/(;(.!:::. 1 ' ~ Y:?- ()[.l Cf' 7 I Dale 5-~-97 Page No._of_Pages STATEMENT OF: kOfJ,/N SN;}.cd~ . REFERENCE: ~;::71-t. /J/r:t... , 1 d 7 ~;tM" 9J~.i A",- ..d~ .d7<_ ~~ . . If /J. . "./ ~ ./.4J.-C'/t4!l7 4- ~~ -<-"iT ~;-'- Z~ /?? 7 d _"?'~!s?_ /~':U7"}r.t/~-#L?:?:t;.7' , + --dk (;~.-I~~ -&~ ~, .~~ ~ -rk,4w4.1_K-P_ -ezI ~~Jn:- /~ ~~~- ~d;l-..~ ~~/--u?~.J?~ /~j~ h~z-47-~_~/li-' 4'-P~ -6~ ?P~~.t2<<. ~~-0'-, ~- 4~f-:t--o.;f .&:1t2!z;;,~ ~;L.//~ ~ k~ h_ A'J _ct~L A:'--c:;6-~/ A. 4- P74C<~'77: -<M~/7dJ~#- ~4w- ~~~;?J?_ ~~-ddd!l-L.-P-eL ~<tc~..f2-.. . ~ ~ A.~_ /?t-P~. /?-~ ..?~~. ...?t~_ ~..,;;.$<p~ (5h..;~~ /OUN'-r-'-'If- .~";:~-4-;6.4- A ~~ ~ Af'~~ ~/JU/C'/vr!-~~~ . # ~_?t.t(.~I_d~k ~V'7'l4-. 1.- ~~T ~~...cRm~d .~~iI,.~ _ ~-1~/7 ~_ --:/;:/~ ~d- ~ d ~ /J'1I?A:P~ ~ ~~ ~A- Az- /~~~-0?AA;;;D~~~ IJ ~.~AF~+4-.-e ~~