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Home My WebLink About01-7023MARY K. GRACI, PLAINTIFF VS. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and IL THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS IN THF~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMl, 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 Fhm of Susan Kay Candiello, P.C., and makes the following Petition for Hearing for Denial. 1. Plaintiff is MARY K. GRACI, (hereinafter known as "Plaintiff"), an adult individual, who currently resides at 2939 Columbia Avenue, Camp Hill, Cmberland 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 IL THOMAS KLINE, (hereinafter known as "Defendant 2"), an adult individual, who is sheriff of Cumberland County Sheriff's Department, located in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On May 14, 2001, Plaintiff submitted an Application for a License to Carry Firearms to the Office of the Sheriffof 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 of 2001. 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 fo~mer 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: "(1) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety." Plaintiff has never acted nor been accused of acting in a dangerous manner to 13. anyone. 14. It appears Defendant 2 made this decision based upon the actions of another party toward the Plaintiff over which the Plaintiff had no control. 15. The sole reason Plaintiff submitted an Application for a License to Carry a Firemm was to be able to participate in classes to learn how to safely maintain and use a fire,am, and to be able to practice at a local shooting range to insure Plaintiff knows howto correctly and safely use a firearm. 16. Plaintiff does not believe the basis for Defendant 2's decision has been appropriately applied to her Application for a License to Carry a Fireaxm. WHEREFORE, Plaintiff, MARY IC GRACI, respectfully requests that this Honorable Court enter a judgment granting her a License to Carry a Firearm. Dated: December_/x~, 2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. quire Counsel f Pi~_~iff PA I.D. # 64998 5021 East Trindle Road Suite 100 Meehanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of bet knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa~ C.S.A. §4904 relating to un.qwom falsification to authorities. MARY K{GRACI MARY K. GRACI, PLAINTIFF VS. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS PENNSYLVANIA NO. CIVIL ACTION - I~W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, RULE AND NOW, this ~ day of ~C~a~, 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 ~ o days of this date. thereon the ~ day of ~ 20q~ at RULE RETURNABLE hearing ~; ~ 0 o'cloek/~i~.M, in Courtroom c~ , Cumberland County Courthouse, One Courthouse Square, Carlisle, Penn.~ylvania. BY THE COURT: Jo MARY K. GRACI, Plaintiff CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7023 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS TO RULE TO SHOW CAUSE AND NOW, comes the Office of the Cumberland County Sheriff and R. Thomas Kline, Sheriff of Cumberland County, by and through 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 troth 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 hcense was the reason stated. Upon receipt of PlaintiftTs application, Defendants conducted an investigation and denied the license not only for the reason stated, but also because Defendants believe Plaintiff 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 Plaintiff's application. 15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the troth of these averments and the same are therefore denied. 16. Denied. This averment is a conclusion of law 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. Solicitor for the Cumberland County Sheriff Ten East High Street Carlisle, PA 17013 Dated: January 10, 2002 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 unswom falsification to authorities. R--~gY~omas Kline, Sheriff qf Cumber~ana ~ y Dated: C_CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 10, 2002 MARY IC GRACI, PLAINTIFF VS. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and IL THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7023 CIVIL TERM CIVIL 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 heating scheduled in this matter for February 25, 2002 at 9:30 a.m. in Courtroom 4, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Dated~ January~-~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay C~dieli~, Esquire Counsel for ~la~intiff~ PA I.D. # 649~8. 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796q930 MARY K. GRACI, PLAINTIFF CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and R. THOMAS KLINE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7023 CML TERM CIVIL ACTION - LAW PROOF OF SERVICE I, l~ ~) ~ IJ ~q ~ ~ ~ I. I gl/tl~/, 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 DATE OF SERVICE TIME OF SERVICE SIGNATURE PRINT NAME TITLE MARY IL GRACI, PLAINTIFF VS. CUMBERLAND COUNTY SHERIFF'S DEPARTMENT, and 1~ THOMAS KL1NE, SHERIFF OF CUMBERLAND COUNTY, DEFENDANTS lb[ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7023 CIVIL TERM CIVIL ACTION - LAW PROOF OF SERVICE I, ~C-~Y~LLX~ ~--6.~(~Ct C'~ . 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 Depaxhnent, Defendant in the above-captioned matter, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013 DATE OF SERVICE TIME OF SERVICE SIGNATURE~ PRINT NAME TITLE