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Home My WebLink About01-07023 ~ PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 01- 70,)3 (?;(,)~Cy~ MARY K. GRACI, VS. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. mOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CIVIL ACTION - LAW RULE AND NOW, this ~J AX day of IJn t2/TlI~.I/l/ ,2001, upon consideration of the within Petition for Hearing for Denial, an Order is hereby entered upon Defendants, CUMBERLAND COUNTY SHERIFF'S DEPARTMENT and R. THOMAS KLINE, Sheriff of Cumberland County, to show cause why the relief requested should not be granted. RULE is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested. The Defendants shall file an answer to the Petition within 30 days of this date. RULE RETURNABLE with hearing thereon the c;(~ day of ,9ffAUd~ ' 20~ at ";J: 3 0 o'clock&.M. in Courtroom i ' Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: /fL. J. 'l.i';g'it~~ ',~_'._"'" - ,~ - ,-- ~,,_ /lun 11I\'I.. ~ ~~ ,~~",,_~~.~"~~~~ >- ..:t ~ ~ LD luQ M ; '()6 0:S; U-T. ::t: O~ ~.L _^_ 0... 6~ 025 C'l , .,l:f::. '7>" UJ,{..).. iN SCI) ~,ll' W :x:Z t.e~'i:f ii/6i i--. 41 CI :::Eo.. u;. (2) Cl ::> 0 ~) _". ,I ., ,--- .-" ,"'" " '^<"' ""'" -,^ -q- ~, ~--'-'''""-,,,-,''. ~"""7""~~~:-: ~~iIT~,n.'~~_ f' ", r~.I""""'.!"'!"l>~" RP:Jm1~~~"";'1J'-W; "~"7i';;!.'['E:'1"'~~F.,1,.it"'IH;ffl~'~'>'!iIfflfE~~j~!Ft~~~_~~~,. l~l PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, . : PENNSYL VANIA MARY K. GRACI, vs. NO. C>l- Q;O\'l '-r~ CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CIVIL ACTION - LAW ORDER AND NOW, this day of ,2001, upon consideration of the Plaintiff, MARY K. GRACI'S Petition for Hearing for Denial, it is hereby ORDERED and DIRECTED that Defendants, CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, Sheriff of Cumberland County, shall grant unto the Plaintiff, MARY K. GRACI, a License to Carry a Firearm. BY THE COURT: J. "-'-"'Yft~~,~__. _"f1iii[_..~.,.""","", _, _~;' "" ., .~ . I ~ ' , A~ ____. ~ .~1>-..~.~.,_~_, , ~~_~"""",' ~,... PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 0 l - 1(},';).3 Q,;;..l ([~ MARY K. GRACI, vs. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CIVIL ACTION - LAW PETITION FOR HEARING FOR DENIAL AND NOW, comes the Plaintiff, MARY K. GRACI, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Petition for Hearing for Denial. I. Plaintiff is MARY K. GRACI, (hereinafter known as "Plaintiff'), an adult individual, who currently resides at 2939 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is the CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, (hereinafter known as "Defendant 1 "). Defendant is a department of Cumberland County, with offices located in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant is R. THOMAS KLINE, (hereinafter known as "Defendant 2"), an adult individual, who is sheriff of Cumberland County Sheriffs Department, located in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013. f~~~)::::)t\ _ """~.u. o. .Tn~ ,~ _~ 'l 1 ^ , . ~~ - -~-~~""'~~"""'!m 4. On May 14, 2001, Plaintiff submitted an Application for a License to Carry Firearms to the Office of the Sheriff of Cumberland County. 5. On May 21, 2001, Defendant 2 sent a letter to the Plaintiff denying her request to have a License to Carry a Firearm. 6. The Plaintiff contacted Defendant 1 and Defendant 2 to question why she had been denied the license. 7. The Plaintiff was told because she had made several harassment complaints she was denied a license. 8. The Plaintiff has made some complaints of harassment to the Camp Hill police beginning in 1997 and most recently in May of2001. 9. The complaints of harassment made in May, 2001 occurred as a result of the actions of her former boyfriend. The former boyfriend terminated his actions, nothing physical between the Plaintiff and her boyfriend ever occurred, and there have not been any further complaints by the Plaintiff since June, 2001. 10. Plaintiff did not invite or contribute to the actions of her former boyfriend. Plaintiff solicited the assistance of the Camp Hill police as a result of her fear and for the protection of herself and her daughter. 11. Plaintiff has no criminal record, nor has she ever been the source of any complaints by other individuals in the community to the police. 12. Defendant 2 made the decision to deny a License to Carry a Firearm upon the following: "~''tl;s:;i'~~~fi ,'. ^ 'T. ~F- '. ~-""Y" ,~ 1-' -- - '_ ~__ ~, "'It",. ..,,~~,= _, '0 ~,~,~ _ , ~ ,,~~ iifJ! " (1) An individual whose character arld reputation is such that the individual would be likely to act in a manner dangerous to public safety." 13. Plaintiff has never acted nor been accused of acting in a darlgerous manner to arlyone. 14. It appears Defendant 2 made this decision based upon the actions of arlother party toward the Plaintiff over which the Plaintiff had no control. 15. The sole reason Plaintiff submitted arl Application for a License to Carry a Firearm was to be able to participate in classes to learn how to safely maintain and use a firearm, arld to be able to practice at a local shooting range to insure Plaintiff knows how to correctly arld safely use a firearm. 16. Plaintiff does not believe the basis for Defendarlt 2' s decision has been appropriately applied to her Application for a License to Carry a Firearm. WHEREFORE, Plaintiff, MARY K. GRACI, respectfully requests that this Honorable Court enter a judgment grarlting her a License to Carry a Firearm. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. Dated: December A, 2001 17050 'R'"~".fZ'W~, "1','-~""", _. .' '""", -I"' .,-.~ ~ ~==-< ~ ~"_'.."..m.<l\; ~' VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 1.2 ~;zJ61 , , '77l~1 /(' J:J~a-o.' MARYK. GRACI "i"1f-~!;" L",_,,~_; ,1l!!" ".. __o,~_,_, __ ~. . , , "-,~" '"-~ ~ '..." -~ ~ ~~~~, ~- '"^"- '-"ri":.ii~';2" ",,,,,,,,",~~,' -;<^,',~ ,'i,," ';;',,""', ''',2'''AW"'~'''' , '.'-""~Y' ~m'O~" l.~[:e.~'I<: ~ ~ ~ () C-:J J ~ C ::3 "1 ,j ~;~ ., C> fT1l ~-~) :?:::l ..... ~ :?:L (: ~ g ~ ~7'--- ... - ~o - :..:-" ~-) ~ t: I ~~~S -.....J / N ~ ~ '7 ~ '~:;:j V -< (J1 ) !"""~""""':1,_ ~:UJJ-,_--" 'or:" ,."",._ " _" ,jl_";\T~r:G1l!'!~I~:miliTI~~,,_. lJ~~~_~li~N,~\r~i'+I'h"t+ ,'",r' O"'PF;;~:,_-y;,Ii-,"r"it'f~-'RJ."j'?~~fu.]$\'~<f'r~~jr~,;-!';f"'~i!,j~Wii'$i'~iiiI'jqiiiWjpt~~_'-\'<~' ,.: F:\FILES\DATAFILE\Gendoc.cur\10282-RES.l Created: 01/09/02 11:03,39 AM Revised: 0i/lO!OZOZ:51:11PM MARYK. GRACI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7023 CIVIL CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, : SHERIFF OF CUMBERLAND COUNTY, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS TO RULE TO SHOW CAUS~ AND NOW, comes the Office of the Cumberland County Sheriff and R. Thomas Kline, Sheriff of Cumberland County, by and tlrrough their Solicitor, Edward L. Schorpp, Esquire, who respond to the Petition of Plaintiff as follows: 1. Admitted. 2. Denied. The proper Defendant is the Office of the Sheriff of Cumberland County, which is under the direction of an independently elected public official and is not a department of the County. The Office is located at the address stated. 3. Denied. Defendant Kline is the duly elected Sheriff of Cumberland County and by virtue of his Office, is responsible for the Office of the Sheriff of Cumberland County. 4-6 Admitted. 7. Denied. Plaintiff was told, without elaboration, that she was denied the license because of incidents in Camp Hill. 8. Admitted. 9-10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. 11. Denied as stated. It is admitted that Plaintiff has no criminal record, however, Plaintiff has been involved in other incidents involving the police in the community. 12. Denied as stated. It is denied that the sole reason for the denial of the license was the reason stated. Upon receipt of Plaintiff s application, Defendants conducted an investigation and denied the license not only for the reason stated, but also because Defendants believe Plaintiff A~~.. ,".,~J ._0' -'1~F,,~','7"- -'^ - ',,". -~ - , ,-' 'J- ~. ~ o ~ ~. ~'" i'i ;"-"(,,,,, may be an individual who is not of sound mind or who may have been committed to a mental institution. 13. Denied. Upon information received, Defendants properly denied a license to Plaintiff. Defendants continue to believe that Plaintiff would be likely to act in a dangerous manner to public safety. 14. Denied. The license was denied based upon information provided to the Defendants as part of the investigation of Plaintiffs application. 15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. 16. Denied. This averment is a conclusion oflaw requiring no answer herein. BY WAY OF FURTHER ANSWER, Defendants aver as follows: 17. Upon information received, Defendants believe that Plaintiff may be a person who is not of sound mind or who may have been committed to a mental institution. WHEREFORE, Defendants respectfully request that Plaintiff s Petition be dismissed. BV~~~ Edward 1. Schorpp, Esquir Solicitor for the Cumberland County Sheriff Ten East High Street Carlisle, P A 17013 Dated: January 10, 2002 ,;'k~~~, '" ~~'<'<""~ "'^ " -F ~'~~'~I ~ "", "r . ~'l!!lI!II.t,t. -""""- ~ "'"', -II"=",.~",,,?!'M~ t:G,r VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. !}4904, relating to unsworn falsification to authorities. -u+r/.?~ R. omas Kline, Sheriff Dated: /Jo{""" cJ.;:( '~ijil,v~J1llTlf,~" ,', '", ,"",o.f._1 '. v. _.w, lfl ~ , ~,' ., !i!!IIlIPIII1IIl*'!II!!II'I!lII_~.~~ _'~"'"""""""" '!"'" ';:~"~- CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, P A 17055 MARTS ON DEARDORFF WILLIAMS & OTTO ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 10, 2002 ''':''-''''l%:'''~'"''''''''''"'~o: ,~, , " , -" 0" ~ ~ '"''''''''71 '; . , ~ - -,.- H~".~..,.._ q'~ ,-, "~,~",' _. ,"","~". o ~;; --c tf S2~.i: ~~~~ ~c' ;2:"., Ll..... -l") Pc ;:;.:: _-4 -< , ,= , . - --.. .--....., CJ :'''~~ - . "'-' ~ r_-~ Ul '~ '(/1/ . "_~~.,"__~_W' J ,",,", 0',' ~._,_ J,P',,_ ,i'_ ,,-,e ,_ >,_ ,~" ~~ ~L_.,_~_".. ~. _ ., r,',_1o'~~,,~ :~' .:\:'I?f~~'!<i'I!P!'-!fi\!~~r''f''l'''if',;'',''!'W~ilil'''@if}'~~~.:p-':~,,_ ',:-.r~_,:r~i!l!~Ifi!~TiJliJ,,~;~~~ ~~wr,. \~, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA MARY K. GRACI, VS. NO. 01-7023 CIVIL TERM CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. mOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CIVIL ACTION - LAW ~ROOF OF SERVICE I, 60..1\'\ '^ M G-O-S II Cl ,r\. ~ , hereby affirm that I served a true and correct copy of the Petition for Hearing for Denial and December 21, 2001 Rule upon Cumberland County Sheriff's Department, Defendant in the above-captioned matter, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013 ~JA:uDv Q .,~ ~~ SIGNATURE . 1~,A.t(/AJ"l J, Gr4GLlt4e.o( PRINT NAME f4< et>,/t) ~-pC?t,l_~ TITLE DATE OF SERVICE d-- () (J PI. TIME OF SERVICE ~~\I(lt,.Jl,,~,("Il,.._.,._ '''''"'''. ,. _r"" 'I .. ,T , 7"~~.,~ ~= _ ~.. J, ~ 0 =''<~!J " - .~, ~~,'!"'"'. o",;_~<<, _~llf,sH;~ " -~. ~_ -"0- ", - ~~ ~~. "~-~,. ~=..,r"" 0 0 c.') C f',,> s:: ,"j ""00::'- '-- rllr-~ Z"_~ Z~.~-~ :.:-e ,. ZP' N r;h-; (j)-""',. :-< ..-.::" 00 'i_"'::Z~) f<C' ~\<~) ');i. ....;,-;: , " ZC -. ;~~~~ )>0 W C .j 2 ~-1 :< 'D :D -< sg~ ~.__ ,~~ __i_'l-'f-'_1_,1,~"Jf.~'~i!WW!~j',,!j~4if!;\.~'_""'P"'~";-'"'} -",%,?,,,,",,c"Y"};''ll'-jjij:j,?-~[~~%~''t1li,.':if:l~~:~l1:i{ot~rr.i]li\~ijtl1i:~_']-.'\ ;"", PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA MARY K. GRACI, vs. NO. 01-7023 CIVIL TERM CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CIVIL ACTION - LAW ~ROOF OF SERVICE I, \= D 1--'1 V 1\1 fJ r;A c: l J Mill, hereby affirm that I served a true and correct copy of the Petition for Hearing for Denial and December 21,2001 Rule upon R. Thomas Kline, Sheriff of Cumberland County, Defendant in the above-captioned matter, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013 ~~. , S JM 02- DATE OF SERVICE Q be? PI1 TIME OF SERVICE SIGNATURE t:() o..Ji/tJlj J r G'rJJc;,L.I/.IR<l( PRINT NAME (J;{-, (i?<-'A) spnLrt& TITLE .'.v"*t~~\~~~~~ - y '1 ~--''''' -~=..,-~&!""'.~ ''''., - ,.L ~_~''''!''_' 1_ ~'"F~=~,1l _ ~JJ ~~h_ ~1I!i!!" ='~<' ~"'.. "",..'~ , -"~~<~, ~""""', 0 0 C) C ,N ",1 S <- \).0.:: :D> '-~ n.lrr; ;;;~ '"(;\=t Z::C N ffi~ O? ~:)\.~- ~L ;'::J. (~~ ~Cj -0 -,,- -;., ""C -:""' C)r=-~ Z) -"'"' -?-."; -0 ~ ;S;fT1 >c ~ -7 =;J "i '0 ::q ~ -<. 65 e-li _'1\<i')':"",;O\l~~Ji'1m'{~"Jlfr1';;:"'~_-'~-4J.':"'T'WC" ""~I-"-'>"!V"'-li'-,PP;wt~'W!i!-"'~Wrllif~~,l;;0i"'I,#i%"i']?jij!!~JW!"~-~", , I< . . - , PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANlA MARY K. GRACI, vs. NO. 01-7023 CML TERM CUMBERLAND COUNTY SHERJFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS : CML ACTION - LAW PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above.captioned matter with prejudice. This withdrawal will have the effect of canceling the hearing scheduled in this n\atter for February 25, 2002 at 9:30 a.m. in Courtroom 4, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. --- Dated: January~, 2002 ,-i;,""'''''';SPIl~~_~=, , "0 -. <- I' ---,-: ~~~"~ ~ '~? ,."...,. "JVi:m '^ . [I~ .1l~J~ rtl[,),c :_,4(!i1;;lii~~~>ll'~~~II!fflj!-I~~?i";i9'\~V"ij,= . o c:: s:: "lJ(t: :q;![tJ ....:;....-..- ZC- (j)~,: -<..,.. '~C) )>~, zc., )>0 C Z =< ~, o-",,~ :0 N () --"'n > Z :.:.!J r-:;~: ~:~:3 :.:': ~:) N CO '.' '. -n :".J I;~--'~~ I'I~; ,..' ~ -< !'-> (~ ($S ell ',;'M'", ':-X:->7:F"'W}K\'f!l'f;(f~.'il'I'-piM%~t,.wig:(';"';'i'!~~iF':;'.'l"';~~f-'11rnt'f{~~~1lj!~''i-i