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HomeMy WebLinkAbout04-2146MOTION COVER SHEET Control Number: FOR COURT USE ONLY ACTION ASSIGNED TO (RESPONDING J ~ART-IE~ ,MUST INCLUDE THIS NfJIfBER ON AJ_L FILINGS) Do not telephone Judge for statu~. Do not send Judge courtesy copies. Typ~ of Motion: Re~p0~e due.' OR N~ of~u~ct~ T~ L~ C. NON JURY NO. OTHER 1~ ARTIES D. ARBITRATION By illin4 this documeat and stguiug below, the moving party cett}fies that this motion/petifion~ along wkh ali l~ed in the Motions Program, will be immediately served u~n all cx~an.~ i and ill~repl'~llt~d ~ ~n.i~. ill ;~X:O~ with Phila. Civil Rui~ *206. { (C). F~vihermore~ moving pauly verii-m~ that the answers mad~ {~r~n a ~ ~rue and corr~ and under- ~ that .~uctious may be imposed for inaccurate or incompl~ This Moron will be forwarded to the Court after the Response Datt~. No exteusion of the Respoase Date will be grauged eveu if tl~ partie~ s~ stipulate. ATTACHED SHEET-I DEFENDANTS R. Van Scyoc - Sergeant Vindicator/Avenger Shippensburg, PA Police Department R. Thomas Kline - Sheriff Abettor Cumberland County, PA Burns - Deputy Sheriff Abettor Cumberland County, PA Harold E. Bender Abettor Shippensburg, PA District Justice MOTION To reinstate the concealed gun carry permit and monetary reward of $50,000.00 for damages to emotional stress and denigration to Francis A. Zekanis. After my Court session with Judge Harold E. Bender about the Tax Collector and myself, because of an incident at the Borough Hall, I received a letter from the Sheriffs Department for me to turn into the Sheriffs Department my concealed Gun Carry Permit. The reason stated was because I am 'a character with a reputation that would likely to act in a manner dangerous to public safety'. Page 2 of 2 Section 6105(a), (b) and (c) does not list "an individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety". See enclosed copy of an application. I had a concealed gun carry permit for over five (5) years and never had a problem. On military status I handled many kinds of weapons and had never had a problem. All of a sudden, a sheriff comes along, ~ sheriff without a Medical Degree or perhaps any Degree and makes a Medical Diagnase~ No mental examination of me was performed and no Doctor report was shown~ How could a non-medical person come up with such a statement? They cannot. The Sher~fs are on~ Sher~fs, voted in by the public, not medical experts! I want proof from the law that I have a bad reputation. None was shown. Only an opinion was made. Opinions are beliefs or conclusions held but not substantiated by 1 of 6 positive knowledge orproof. I want my day in court with a jury. I want the Sheriff Department to prove I have a bad reputation. Let the people decide! I wrote a letter to the Sheriffs Department for an explanation as how they came up with such a trumped up charge. I was ignored. No answer. I personally went to the Sheriffs Department and presented a letter requesting information as to how such a decision could be made. I was ignored again. No answer. I am sure they do not have an answer! When with the Tax Collector I had started to ask questions. Lisa Helm, the Tax Collector did not answer any of my questions then started screaming at me to get out after I said "your a servant of the people and you have to help me if you can". I wanted to know to whom I could go to for answers to my questions. believe the Tax Collector could not answer my questions. The law states that 1 would have to have an intent to harass, I did not go to the Borough Hall to have an argument nor to harass! I had no intent! I believe the Tax Collector (Ms Lisa Helm) got upset when I used the word "servant" because that is when she started to scream "get out, get out". One of the definitions of servant in the dictionary says "government employee': Ms Helm did not even think to tell me she would try to get the answers for me from someone qualified. I meant no disrespect to Ms Helms but when she started to scream, I got angry inside. That is when I started to leave. She made two remarks that bothered me and were uncalled for. The first was "what, are you going to shoot me?" and the second she screamed "and yon have a gun carry permiF'. I wan not armed! People are usually braver when they feel secure in their environment. Little did the Tax Collector realize the building she was in and lambasting me is owned by the people like me. Government of the people, by the 2 of 6 people and for thepeopl~ I am a shareholder of the entire government. Remember, my building. Servants do not scream at people! Both remarks about my gun carry permit were uncalled for. She probably upset some oftbe other employees that were nearby. When I left, I let the experience be a lesson. A few days later I received the letter, (attached to this correspondence) from the Sheriffs Department. I talked with Judge Bender and with him cowering with no eye contact, he told me he had no connection with me losing my permit before I even mentioned it. I talked to him a second time and still he mentioned to me the Sheriff called him. The Sheriff did not know I was in court. The only way for the Sheriffs Department to know was for Sergeant Seyoc and/or Judge Bender to call the Sheriffs Department. I believe Sergeant Scyoc and/or Judge Bender went out of their/his way for me to lose my concealed gun carry permit because of what I said to and about Sergeant Scyoc during the hearing. I say this because while in court, I mentioned that he was coaching Ms Helm. They were talking together before court and entered together and sat together. Sergeant Scyoc was not a Plaintiffnor Defendant. Why was he sitting between Ms Helms and myself?. He did not even witness the incident at the Borough HaH! He believed Ms Helm and not me. When Ms Helm was to answer, Sergeant Scyoc would talk to her to tell her what to say. I mentioned it to the Judge that Sergeant Scyoc was coaching her. The Judge ignored me. He said nothing to me. I saw Sergeant Scyoc get a little upset but I did not care because what he was doing was wrong. Collusion of the highest order!!! I never carried my gun in Shippensburg except when I would be leaving town. I am from Philadelphia and moved here and West Virginia five (6) years ago. I got my permit in Philly because 3 of 6 I am a cripple and was mugged a few times. The Philadelphia Police Department allowed me a concealed gun carry permit after searching my background. What makes the decision of my personality different by the Cumberland County Sheriff Department? I still make trips to Philly and other places and the concealed weapon is a strength and security I need. Legally, I do not believe what was done was done by a law. It is OK to argue. Government employees are servants of the people and respect from them is due towards the people as vise-versa!!! When I mentioned government employees are servants, the Judge disagreed. I then read the meaning of servant from Webster's Dictionary. Silence fell. Do aH government employees not know they are servants of the people? I also would like to mention that I sent letters requesting information (under the right to know ac0 to the Sheriffs Department, Police Department and Judge Bender. Only the Sheriffs Department answered me. A law was broken by the Police Department and Judge Bender. Ignoring one is a sign of disrespect towards the individual. 1 want this corrected also. Government employees work for the people and must follow rules, regulations and the law themselves. I have medical records from the Veterans Affairs stating that I am not a violent person but a person who stands up for his rights. (Nee enclosed copy of a report I obtaincd from a Pkysician at Lebanon Veterans Affairs 4 of 6 Medical Center.) There is nothing wrong with an argument between two people. Besides, when the argument started, there were no witnesses except Helm and myself. Why am I being punished? Collusion? Vindication? Vengeance? by Sergeant Scyoc? Does Sergeant Scyoc know what Ms Helm said to me in her office? The answer is no. Did Sergeant Scyco anger inside and decided to get even? I say yes. The other employees gathered because of Ms Helms screaming, not of me. They did not repr~t themselves as witness~ They could not because they were not present when Ms Helm started screaming. She was the one that started screaming and lambasting me. The Judge asked me ifl had any medical problems and I said yes. Two heart attacks. Cancer of and partial removal of my stomach, bleeding ulcers and tumor. Peripheral Vascular Disease, Spinal Stenosis, Hyperlipedemia, Hypertension, Asthma, COPD, Angina and I am service connected for PTSD. When the judge heard PTSD he moaned "OH". What does OH mean? What did the judge think? Did he think people with PTSD are dangerous people? They are not! He probably never heard of the DSM concerning human ailments. The Vietnam War was going on. Many service men and women came home with PTSD. It does not mean they are misfits. What does my PTSD or my other maladies have to do with my gun carry permit? And why the question of my health in the first place? My PTSD stems from an incident while in the service overseas and is privileged information for security reasons and also not related to my encounters with people! 5 of 6 Enclosed is a copy of an application for a gun carry permit. It does not state 'a character with a reputation that would likely to act in a manner dangerous to public safe~y'. The parties that issue gun carry permits are only permitted to follow the form and not to make up other reasons for rejection. I feel insecure now that my gun carry permit was revoked. Insecure to the point that I feel I need to carry it. My malady of PVD leaves me very defenseless. I am very mature. Mature enough to know the responsibility of owning and carrying a concealed weapon. Government employees have to realize we citizens are shareholders of the Government. So are the Government (G) employees except when they are performing their duties for the people. That is when they are servants of the people. The attitudes of some G employees are not warranted. We citizens are actually the employers. Government employees are elected, appointed or hired to perform duties for the citizen and the United States. And that is a fact! Those who do not want to adhere to it should resign. I want a jury trial. IfI am denied one, I want the reason for the denial. 1 have the right to know. Date pro se 6 of 6 OFFICE OF THE SHERIFF Ca,isle, pennsylvania17013 ~ PA ]7257 Refenm~ is ~ to you~ License To C~y Yu~ums No.~607 issued by gals offic~ o~ ~uty 26, received fi0om Dim~ Jusfic~ ~s ~ you are he~b-y nofifi~ tl~ your ~ to C~,y Fim.~ms ~s mvo~ed effective immexli~ ~ t~ followingvmson: cc: ~ Police Detmmneut Pelmsylvanla Slate Police Progress Note of ~h{~', ~ ~t ~S role ~ to N:II)LICATION FOR A PElgi~YI..V,N~iA UCEHSE TO CARRY f-lxr=s F1,~ F-IYE~ O~ O~ 0~ O~ n~ E~ 37O2 2503 ~0 6301 Shippensburg Police Department Chief of Police Shippenburg Police Department Shlppensburg, PA 17257 28 November 2002 Dear Chief: I respectfully request, per the State of Pennsylvania "l~ight To Know Act", a copy of all your documentation and correspomleace related to County of Cumberland Magistrate District Number 09 - 3 - 01, Docket Number NT 000090802 that was sent to the Sheriffs Department in Carlisle, Pennsylvania causing me to lose the privilege of a concealed weapon license. Al~o, by what authority did you or if you dM, go by to suggest my permit be forfeited. Did you consult a Doctor? I did! I do believe statements made by me at my trial were used by the Shippensburg Police Department and the Magistrates Office in their correspondence to the Sheriffs Office as prejudicial towards me, I await your forth coming answer. Sincerely, FranciS/~. Zekanis I ?257-gTGO Honorable Harold E. Bender 81 Walnut i~ttom Road P.O. Box 361 Shippensburg, PA 17251 *0361 January 2003 [ respecffuly request a copy of all documentation on me he~d by your Department per the State of Pennsylvania "Right to Know Act" which took effect ~6 December 2002. A disregard of my request again of you not submitting the documentation in the time alloted will constitute legal action by me taken against all gu'dty parties privy to my request. I will also consider your disregard as an act of ignorance and lack of integrity. Sincerely, Francis A. Zekanis SERGEANT R. VAN SCYOC SHERIFF R. THOMAS KLINE DEPUTY SHERIFF BURNS DISTRICT JUSTICE HAROLD E. BENDER FRANCIS A. ZEKANIS 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2146 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24TM day of MAY, 2004, upon consideration of the attached "Motion to reinstate the concealed gun permit and monetary reward of $50,000 for damages to emotional stress and denigration" it is DENIED. Edward E. Guido, J. Sergeant R. Van Scyoc Shippensburg Police Department 60 West Burd Street Shippensburg, Pa. 17257 SheriffR. Thomas Kline 1 Courthouse Square Carlisle, Pa. 17013 Deputy Sheriff Bums 1 Courthouse Square Carlisle, Pa. 17013 Harold E. Bender 81 Walnut Bottom Road P.O. Box 361 Shippensburg, Pa. 17257 The matters raised xn the Motton would more properly be ratsed in a complaint to which the "Defendants" could file a response.