HomeMy WebLinkAbout10-7127r-
rt
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY ID 92207
395 ST. JOHNS CHURCH ROAD, SUITE 101
CAMP HILL, PA 17011
(717) 761-7573
JARRAN TYLER,
Plaintiff,
v.
3 4ta'i t r JA
?Xri)
Prl ?? 1? i
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA. :No. `Q 7/ ? 7 c, ti 1 -1 e fn
PETITION FOR RELIEF FROM FIREARMS DISABILITY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, Comes Petitioner, Jarran Tyler, by and through his attorney, Shane B.
Kope, Esquire, and avers the following:
1. The Petitioner herein, Jarran Tyler, an adult individual, is a citizen of the
Commonwealth of Pennsylvania and resides at 203 Norman Road, Camp Hill, Cumberland
County, Pennsylvania.
2. On June 14, 2004, June 18, 2004, August 5, 2004, and August 10, 2004,
Petitioner was admitted to Cumberland County Mental Health Center and Mental Retardation
Program located at 16 West High Street, Carlisle, Cumberland County, PA.
3. The Petitioner's mother initiated a 302 against him by calling the police during
several arguments with her son, the details which are set forth below.
4. The arguments consisted of normal disagreements that a teenager would typically
have with his mother.
'Wq3k. 0D
5. While in the custody of mental health services, Petitioner was not diagnosed with
any mental health disorders.
6. Petitioner has, in fact, never been diagnosed with any mental health or emotional
issues in his lifetime that would necessitate psychiatric or psychological treatment and require
voluntary or involuntary inpatient mental health services.
7. On each occasion, Petitioner was forced to stay a mandatory minimum of three
days in the custody of mental health services becasuse he was a juvenile when admitted and
immediately thereafter released.
8. It is believed and, therefore, averred that Petitioner was committed to the
Cumberland County Mental Health Services solely through augmented allegations his mother
made to the police when they arrived pursuant to the mother's frivolous calls for help, which
were, as stated, the result of normal mother child arguments.
9. It is believed and, therefore, averred that Petitioner's mother used the
Cumberland County Mental Health Services as a way of disciplining her son during normal
adolescent arguments with her son.
10. Pursuant to 18 Pa. C.S.A. § 6105(a), any person convicted of an enumerated
offense as set forth in § (c), shall be precluded from owning and/or possessing any firearms.
11. It is, furthermore, believed and, therefore, averred that because Petitioner was
never found to need any mental health services or diagnosed with a mental health disorder
that Petitioner's commitment was voluntary retroactive to the time of his admission.
12. Petitioner was never determined to be a danger to himself or to others during any
of his initial inpatient psychiatric examinations and, was, therefore, released immediately.
13. Pursuant to 18 Pa. C.S.A. § 6105, the Petitioner herein applies for relief from
firearms disability, and avers the following:
A. Petitioner has not been committed to any sort of psychiatric care since his
aforementioned commitments as a juvenile, which , as stated, was at the frivolous request of
his mother.
B. Based on the above, it is Petitioner's position that he was never committed
involuntarily to any psychiatric unit nor is he a danger to himself or others.
C. Petitioner's character and reputation are such that he is not likely to act in a
manner dangerous or contrary to public policy.
D. Petitioner is currently a student at the Harrisburg Area Community College where
he has ,a 3.8 grade point average.
14. Petitioner herein requests a Hearing to determine whether he should be granted
relief from a firearm disability.
15. Further, the Petitioner herein is an exemplary citizen of the Commonwealth of
Pennsylvania.
16. Furthermore, for what it is worth, the Petitioner's mother has no known objection
to the granting of this Petition for relief from firearms disability by the court.
WEREFORE, the Petitioner herein, Jarran Tyler, respectfully requests, after Hearing,
that this Honorable Court grant him relief from any firearms disability.
Respectfully Submitted,
Dated: 10141 Ito
KOPE & ASSOCIATES, LLC
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY ID 92207
395 ST. JOHNS CHURCH ROAD, SUITE 101
CAMP HILL, PA 17011
(717) 761-7573
JARRAN TYLER,
Plaintiff,
V.
COMMONWEALTH OF PENNSYLVANIA
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:No.
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on October ?2,(X , 2010, 1 served a copy
of the foregoing Petition for Relief from Firearms Disability by first class, United States mail to
the following:
Cumberland County Prothonotary
One Courthouse Square
Suite 100
Carlisle, PA 17013
Jarran Tyler
203 Norman Road
Camp Hill, PA 17011
B. Kope;
395 St. Johns Church Road, Ste. 101
Camp Hill, PA 17011
(717) 761-7573
JARRAN TYLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA NO. 10-7127 CIVIL
ORDER OF COURT
AND NOW, this 17th day of November, 2010, upon consideration of Jarran
Tyler's Petition for Relief from Firearms Disability,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule shall issue upon the District Attorney and the Pennsylvania State
Police to show cause why the Petition for relief should not be granted;
2. The District Attorney and the Pennsylvania State Police shall file an answer to
the Petition on or before December 20, 2010. If either of these agencies
indicates that it does not intend to oppose Jarran Tyler's Petition for Relief,
the Court will accept a letter from the agency so indicating.
3. If either the District Attorney of Cumberland County or the Pennsylvania State
Police oppose the Petition for Relief, a hearing will be held on Thursday,
March 31, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
M. L. Ebert, Jr.,
,,-S?a'ne B. Kope, Esquire
Attorney for Petitioner
Office of the District Attorney - C10Fy 6xvet. s,J ma,iL6f
Pennsylvania State Police
/2/
=M;In
C)
C-- I+.S
Mi=
-O
r
-<>
j
m
CD
r-;Z -- --+ca
°
An
? o-n
?
? ? n
JARRAN TYLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
w
COMMONWEALTH OF PENNSYLVANIA NO. 10-7127 CIVIL
D
-°C 'j
COMMONWEALTH'S ANSWER
r- u c;
AND NOW, comes the Cumberland County District Attorn'? >rr
Office who will defer to the Pennsylvania State Police regarding`
their position in this matter.
Respectfully submitted,
N -ye
J imrAssistant ating
Fi District Attorney
r"--
_G ,p
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA )
SS..
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, personally
appeared Jaime M. Keating, First Assistant District Attorney
of Cumberland County, Pennsylvania, who being duly sworn
according to law, deposes and says that he forwarded a copy
of Commonwealth's Answer to Shane Kope, Esquire on
December 17, 2010.
Jai a Keating
Firs ssistant District Attorney
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY ID 92207
395 ST. JOHNS CHURCH ROAD, SUITE 101
CAMP HILL, PA 17011
(717) 761-7573
OF THE PROTHONOTARY
2011 .. - 36
CU /J? tir
r ?l t'1`
I 'A'
Attorney for Plaintiff
JARRAN TYLER,
Plaintiff,
V.
COMMONWEALTH OF PENNSYLVANIA.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
:No. 10-7127 CIVIL
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner, Jarran Tyler, by and through his attorney, Shane
B. Kope, Esquire, and Kope & Associates, LLC, and motions this Court to make
absolute the Order that it issued in this matter on November 17, 2010, and in support of
said Motion states as follows:
1. On November 10, 2010, Plaintiff filed a Petition for Relief from Firearms
Disability.
2. On November 17, 2010, the Honorable M.L. Ebert, Jr. issued a rule upon the
District Attorney and the Pennsylvania State Police to show cause why the Petition for
relief should not be granted. See Exhibit "A."
3. The District Attorney and the Pennsylvania State Police were directed to file an
answer to the Petition on or before December 20, 2010 if either agency opposed the
Plaintiffs Petition for Relief.
4. Plaintiffs attorney notified both agencies by letter dated November 30, 2010. See
Exhibit "B. "
5. On December 17, 2010, the District Attorney filed the Commonwealth's Answer
stating that they would defer to the Pennsylvania State Police regarding their position in
this matter. See Exhibit "C."
6. To date the Pennsylvania State Police have filed no answer in this matter.
WHEREFORE, Petitioner respectfully requests that this Court make absolute the
Rule to Show Cause it issued on November 17, 2010 and grant Plaintiffs Petition for
Relief from Firearms Disability.
Respectfully Submitted,
? S a?Kope, Esq.
Date: /? Zo l
f -
CERTIFICATE OF SERVICE
I, Shane B. Xope, Esquire, of Kope & Associates, LLC, hereby certify that on
January 4, 2011, a true and correct copy of the foregoing Motion to Make Rule Absolute
was served upon the below-referenced individual at the address listed by way of first
class mail, postage pre-paid:
Jamie M. Keating
Office of the District Attorney
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Pennsylvania State Police
Department Headquarters
1800 Elmerton Avenue
Harrisburg, PA 17110
Sha
ASSOCIATES, LLC
, Suite 101
(717) 761-7573
I.D. 92207
JARRAN TYLER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA : NO. 10-7127 CIVIL
ORDER OF COURT
AND NOW, this 17th day of November, 2010, upon consideration of Jarran
Tyler's Petition for Relief from Firearms Disability,
IT IS HEREBY,ORDERED AND DIRECTED that:
1. A rule shall issue upon the District Attorney and the Pennsylvania State
Police to show cause why the Petition for relief should not be granted;
2. The District Attorney and the Pennsylvania State Police shall file an answer to
the Petition on or before December 20, 2010. If either of these agencies
indicates that it does not intend to oppose Jarran Tyler's Petition for Relief,
the Court will accept a letter from the agency so indicating.
3. If either the District Attorney of Cumberland County or the Pennsylvania State
Police oppose the Petition for Relief, a hearing will be held on Thursday,
March 31, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
Shane B. Kope, Esquire
Attorney for Petitioner
Office of the District Attorney
M. L. Ebert, Jr., j J.
i,
s?
Pennsylvania State Police
Shane B. Kope, Esq. a Jacob M. Jividen, Esq.
Julie A. Wehnert Esq. a Hilary P. Vesell, Esq.
K O P E
ASSOCIATES
_..... G F F IC. ES PLC
November 30, 2010
Office of the District Attorney
Cumberland County Courthouse
One Courthouse Square
-Carlisle, PA 17013
In re: Tyler v. Commonwealth
10-7127 Civil
Dear Sir or Madam:
Enclosed for your records please find a time/date stamped Petition for Relief from Firearms
Disability and an Order of Court thereon that was recently issued in the above referenced matter.
As you will see in Paragraph 3, a hearing has been scheduled for March 31, 2011, at 9:00 a.m. at the
Cumberland County Courthouse if your office, or the Pennsylvania State Police, opposes the
Petition for Relief.
Please do not hesitate to contact our office with any questions or concerns regarding the enclosed.
As always, thank you for your attention with this matter.
Very truly yours,
OPE & A
Shane Kope, Esquire
Enclosures
cc: file
Smart Representation
Main: 395 St. Johns Church Road ¦ Suite 101 ¦ Camp Hill, PA 17011
York: 11 East Market Street ¦ Suite 102 ¦ York, PA 17401
P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com
Shane B. Kope, Esq. a Jacob M. Jividen, Esq.
Julie A. Wehnert, Esq. ¦ Hilary P. Vesell, Esq.
K O P E
ASSOCIATES
ICES
' C
November 30, 2010
Pennsylvania State Police
Department Headquarters
1800 Elmerton Avenue
Harrisburg, PA 17110
In re: Tyler v. Commonwealth
10-7127 Civil
Dear Sir or Madam:
Enclosed for your records please find a time/date stamped Petition for Relief from Firearms
Disability and an Order of Court thereon that was recently issued in the above referenced matter.
As you will see in Paragraph 3, a hearing has been scheduled for March 31, 2011, at 9:00 a.m. at the
Cumberland County Courthouse if your office, or the Office of the District Attorney, opposes the
Petition for Relief.
Please do not hesitate to contact our office with any questions or concerns regarding the enclosed.
Very truly yours,
Smart Representation
Main: 395 St. Johns Church Road ¦ Suite 101 e Camp Hill, PA 17011
York: 11 East Market Street ¦ Suite 102 ¦ York, PA 17401
P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com
Enclosures
cc: file
JARRAN TYLER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA NO. 10-7127 CIVIL
COMMONWEALTH'S ANSWER
AND NOW, comes the Cumberland County District Attorney's
Office who will defer to the Pennsylvania State Police regarding
their position in this matter.
Respectfully submitted,
J imrA Keating
g ,.
Fi tant D istrict Attorney ?' `',
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA )
SS..
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, personally
appeared Jaime M. Keating, First Assistant District Attorney
of Cumberland County, Pennsylvania, who being duly sworn
according to law, deposes and says that he forwarded a copy
of Commonwealth's Answer to Shane Kope, Esquire on
December 17, 2010.
Ja 9?n r
ting
1?13 t\
First ant
District Attorney
Pennsylvania State Police
By: John J. Herman, Esquire
Assistant Counsel
Office of the Chief Counsel
Pennsylvania State Police
Department Headquarters
1800 Elmerton Avenue
Harrisburg, PA 17110
I EiE i' R?? ! f t' `i "a n %t
011 JAN -7 P 3: 04
CUMBERLAI ;) C U NFI
PENNSYL VANk"\
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Jarran Tyler
No. 10-7127 Civil
V.
Assigned to:
Commonwealth of Pa. Judge Meryl L. Ebert, Jr.
Response to Motion to Make Rule Absolute
And Now, comes the Pennsylvania State Police, by and through the Office of
Chief Counsel, and files this Response, averring as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
NEW MATTER
7. The Pennsylvania State Police overlooked the filing deadline in this
matter, as it realized upon receipt of the Motion to Make Rule Absolute on
this date.
J
8. Petitioner is prohibited from possessing firearms by state and federal law
due to several prior commitments.
9. The PSP is working to obtain the complete commitment records as soon as
possible.
10. PSP avers that the interest of public safety would be best served by having
a hearing in this matter so that this Honorable Court may receive evidence
from all parties and review the same.
11. The Petitioner will not be unduly prejudiced by having the hearing as
scheduled in March, and the compelling interests of public safety will be
served.
WHEREFORE, the Pennsylvania State Police respectfully request that this
Honorable Court, in the exercise of its discretion, allow the PSP to file a response
to the initial Petitions and hold a hearing on the merits as originally scheduled.
Respectfully Submitted,
Date: _ 7-l ?--- - -
Jo erman, Esquire
Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
717-783-5568
717-772-2883 (fax)
' PSP is working to obtain records as soon as possible, and is prepared to file a Reply if and when so
ordered, but felt the most appropriate action was to file this Response immediately and proceed therefrom.
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Jarran Tyler
No. 10-7127 Civil
v.
Assigned to:
Commonwealth of Pa. Judge Meryl L. Ebert, Jr.
Certificate of Service
I, Assistant Counsel John J. Herman, hereby certify that on this date the foregoing
was served on the persons and in the manner indicated below:
Via First Class Mail & Facsimile to:
Shane B. Kope, Esquire
Hilary P. Vesell, Esquire
Kope & Associates, LLC
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
ADA Jamie M. Keating, Esquire
Cumberland County District Attorney's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
The Honorable M.L. Ebert, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Date:
Jo erman, Esquire
Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
s . , '%
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Jarran Tyler czn
No. 10-7127 Civil
v.
Assigned to: ;
Commonwealth of Pa. Judge Meryl L. Ebert, Jr. = =Y='
.. e-4
Praec ipe for Entry of Appearance
To the Prothonotary:
Enter my appearance on behalf of THE COMMONWEALTH OF PENNSYLVANIA ,
THE PENNSYLVANIA STATE POLICE
(Respondent)
Papers may be served at the address set forth below.
John J. Herman, ID # 207043
Attorney for Party Named Above and
Identification Number
Office of Chief Counsel, Pennsylvania State Police
Firm
1800 Elmerton Ave.
Address
Harrisburg, Pa 17110
City, State, Zip Code
717-783-5568
Telephone Number
Date: /-7-//
717-772-2883
Fax Number for Service of Papers
(Optional)
. , •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Jarran Tyler
No. 10-7127 Civil
V.
Assigned to:
Commonwealth of Pa. Judge Meryl L. Ebert, Jr.
Certificate of Service
I, Assistant Counsel John J. Herman, hereby certify that on this date the foregoing was
served on the persons and in the manner indicated below:
Via First Class Mail & Facsimile to:
Shane B. Kope, Esquire
Hilary P. Vesell, Esquire
Kope & Associates, LLC
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
ADA Jamie M. Keating, Esquire
Cumberland County District Attorney's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
The Honorable M.L. Ebert, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Date: ! V 7` /I
Jo erman, Esquire
Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
JARRAN TYLER,
PLAINTIFF
V.
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-7127 CIVIL
ORDER OF COURT
AND NOW, this 10th day of January, 2011, upon consideration of Jarran Tyler's
Motion to Make Rule Absolute, and the Commonwealth of Pennsylvania, Pennsylvania
State Police's Response thereto with New Matter and Plaintiff's Objection thereto,
IT IS HEREBY ORDERED AND DIRECTED that the Pennsylvania State Police
shall file a response to the Plaintiff's Original Petition for Relief on or before
January 24, 2011. The hearing on the matter will be held on Thursday, March 31, 2011,
at 9:00 a.m. in Courtroom No. 2 as previously scheduled.
By the Court,
I-}i10.ry P.V?sell, F-?°t
Shane B. Kope, Esquire
Attorney for Petitioner
395 St. Johns Church Road
Suite 101
Camp Hill, PA 17011
?John J. Herman, Esquire
Assistant Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
'NA
M. L. Ebert, Jr., J.
rr a rn-
-UM
C
Office of the District Attorney -$A-S
,I C;,1 ?
bas
L
Pennsylvania State Police
By: John J. Herman, Esquire
Assistant Counsel
Office of the Chief Counsel
Pennsylvania State Police
Department Headquarters
1800 Elmerton Avenue
Harrisburg, PA 17110
rjF 7,4APED -OFFICE
0 T, R',°
2011 JAN 24 PH I: 23
CUMBERLAND CCUIITi,
PENNSYLVANIA
Attorney for Respondent,
Pennsylvania State Police
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Jarran Tyler
V.
Commonwealth of Pa.
No. 10-7127 Civil
Assigned to:
Judge Meryl L. Ebert, Jr.
Response to Petition for relief from Firearms Disability
And Now, comes the Pennsylvania State Police, by and through the Office of
Chief Counsel, and files this Response, averring as follows:
1. Admitted.
2. Admitted in Part, Denied in Part. It is admitted that on the dates specified the
Petitioner had contact with the Cumberland County MH/MR, but it is denied he was
admitted there; rather, he appears to have been admitted and treated at Holy Spirit
Hospital.
3. Admitted. It is admitted only that the Petitioner's mother signed both 302
Applications dated June 14, 2004, and August 5, 2004, respectivley and that police were
involved and/or mentioned in these Applications. The police did not complete the 302
Applications in either instance.
4. Denied. It is unknown what a "normal disagreement" is, but the mental health
records' indicate Petitioner was acting out violently towards himself, others, and
property, including homicidal and suicidal threats. See New Matter.
5. After reasonable investigation, the Respondent is without knowledge or
information sufficient to form a belief as to the truth of these averments and, therefore,
the averments are deemed to be denied by operation of law and strict proof demanded.
By way of further answer, the hospital records will be necessary to determine Petitioner's
diagnosis.
6. Denied. Petitioner has been involuntarily committed four times for mental health
treatment at Holy Spirit Hospital.
7. Denied. Upon information and belief, Petitioner received treatment some type of
treatment in excess of three days during each set of commitments.
8. No response required to a conclusory and argumentative statement. To the extent
an answer is required, upon information and belief, this averment is denied.
9. No response required to a conclusory and argumentative statement. To the extent
an answer is required, upon information and belief, this averment is denied.
10. No response required to a legal conclusion. By way of further answer, this
response is generally accurate, though a commitment is not generally classified as an
"offense."
11. Denied. The very fact that Petitioner was committed shows he needed mental
health services, and there is no provision in the law to retroactively make a commitment
voluntary.
' The mental health records would be the June 14, 2004, 302 Application/Commitment, the June 18, 2004,
303 Application and Order of Commitment, the August 5, 2004 302 Application/Commitment, and the
August 10, 2004 303 Application and Order of Commitment.
2
12. Denied. To be committed under the Mental Health Procedures Act, it must be
shown that one is a danger to self and/or others. In this case, such a finding was made
four times by physicians and/or the Cumberland County MHRO.
13. No response required to an introduction:
A. After reasonable investigation, the Respondent is without knowledge or
information sufficient to form a belief as to the truth of these averments
and, therefore, the averments are deemed to be denied by operation of law
and strict proof demanded.
B. Denied. Petitioner was involuntarily committed four times after being
held found to be a danger to himself or others within the meaning of the
Mental Health Procedures Act.
C. Denied. Petitioner's history of mental health commitments linked to
violence towards self and others makes him a proven and demonstrated
risk of harm to himself and the public.
D. No response required. By ay of further answer, this information is
irrelevant.
14. No response required.
15. No response required to an opinion.
16. No response required to this conclusory statement. By way of further answer, the
PSP objects to this assertion on the grounds that it is hearsay and inadmissible.
NEW MATTER
17. Petitioner is prohibited from possessing firearms by state and federal law due to
his involuntary commitments in 2004.
3
18. Petitioner cites no statutory authority for his requested relief; presumably, his
Petition is filed pursuant to 18 Pa. C.S. §6105(f)(1), which allows for relief from a state
firearms disability imposed under 18 Pa. C.S. §6105(c)(4).
19. Petitioner was found to be a danger to himself and others as a matter of law when
he was involuntarily committed four times between June and August of 2004.
20. Petitioner was committed in June of 2004 due to his destroying property in his
home, threatening/menacing his mother and spitting on her, and due to a suicide attempt
wherein he put a bag over his head.
21. The June 2004 commitment was followed by further commitment and treatment
upon order of the Cumberland County Mental Health Review Officer on June 18, 2004,
for twenty days of outpatient treatment.
22. The Petitioner was again committed in August of 2004 after he stated he was
going to kill himself and was hitting himself and beating his head against the dashboard
of his mother's car.
23. This involuntary commitment was also followed by further commitment and
treatment upon order of the Cumberland County Mental Health Review Officer on June
18, 2004, for up to twenty days of inpatient treatment.
24. The mental health records obtained by the PSP indicate that the Petitioner was,
among other things, unable to control his anger and was impulsive.
25. The Petitioner is, as stated, a proven and demonstrated risk of harm to himself and
others. It is further averred that competent medical evidence (i. e., a psychiatric
examination) is required for the Petitioner to show he is not a risk to himself and others,
4
and that absent such evidence, this Honorable Court cannot/should not grant relief to
Petitioner.2
WHEREFORE, the Respondent, the Pennsylvania State Police respectfully
requests that this Honorable Court deny and dismiss this Petition.
Respectfully Submitted,
Date: JOITO- Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
717-783-5568
717-772-2883 (fax)
2 The PSP does not concede that the mere presence of such medical evidence is sufficient as the Court is
still entitled to weigh and assess its credibility and consider any and all other evidence presented. The
Petitioner should also be required to provide the Court with all medical records related to his involuntary
treatment in 2004.
Joerman, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Jarran Tyler
No. 10-7127 Civil
V.
Assigned to:
Commonwealth of Pa. Judge Meryl L. Ebert, Jr.
Certificate of Service
I, Assistant Counsel John J. Herman, hereby certify that on this date the foregoing
was served on the persons and in the manner indicated below:
Via First Class Mail to:
Shane B. Kope, Esquire
Hilary P. Vesell, Esquire
Kope & Associates, LLC
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
ADA Jamie M. Keating, Esquire
Cumberland County District Attorney's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
The Honorable M.L. Ebert, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Date: C Gq--/I
4Joerman, Esquire
Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
,.
ca E, vial 10
Cl1Ui? i
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY ID 92207
395 ST. JOHNS CHURCH ROAD, SUITE 101
CAMP HILL, PA 17011
(717) 761-7573
JARRAN TYLER,
Plaintiff,
V.
COMMONWEALTH OF PENNSYLVANIA.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA,
No. 10-7127
PRAECIPE TO WITHDRAW PETITION FOR RELIEF FROM FIREARMS DISABILITY
TO THE CLERK OF COURTS:
Please kindly withdraw the Petition for Relief from Firearms Disability filed in this matter
on November 10, 2010.
Respectfully Submitted,
KOPE & ASSOCIATES, LLC
S ESQ.
Date:
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY ID 92207
395 ST. JOHNS CHURCH ROAD, SUITE 101
CAMP HILL, PA 17011
(717) 761-7573
JARRAN TYLER,
Plaintiff,
V.
COMMONWEALTH OF PENNSYLVANIA.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-7127
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on March 23, 2011, 1 served a copy of the
foregoing Praecipe to Withdrawal Petition for Relief from Firearms Disability by first class,
United States mail to the following:
John J. Herman, Esquire
Assistant Counsel
Office of Chief Counsel
Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, Pa 17110
ADA Jamie M. Keating, Esquire
Cumberland County District Attorney's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
r'
The Honorable M.L. Ebert, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
;he B. Kope, Esquire
I D# 92207
395 St. Johns Church Road, Ste. '101
Camp Hill, PA 17011
(717) 761-7573