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HomeMy WebLinkAbout11-5457JAMES HANKS Petitioner V. RESTORATION OF FIREARM RIGHTS, Respondent IN THE COURT OF COMMON PLEAS rv CUMBERLAND COUNTY, PENNSYI? IX ?m ? CIVIL =r=- DOCKET NO : _ s y s 1 CA Y I( D ? CA -z, . zC1-j w PETITION FOR RESTORATION OF FIREARM RIGHTS FOR OFFENSES UNDER PRIOR LAWS OF THE COMMONWEALTH OF PENNSYLVANIA -1 rrn .,?,r- z-n C.)." AND NOW, comes Petitioner, James Hanks, with an address of 115 East Coover Street Mechanicsburg, Pennsylvania, 17055 and respectfully represents the following: 1. Under the Pennsylvania Uniform Firearms Act found at Title 18 Pa. C.S. § 6100 et. cet., Petitioner is requesting Restoration of his Rights to Own and Possess a Firearm. 2. Petitioner has a Birth Date of June 8, 1962 and a Social Security Number of 160-56-6898. 3. On or about November 23, 1983, Petitioner was Sentenced on a sole count of 35 P.S. § 780-113(a)(30) - Manufacture of Controlled Substance. 4. Petitioner was released after serving his Sentence of 7-23 months in County Prison. 5. To date, Petitioner has had no other involvement with the Criminal Justice System which has not been expunged. 6. Petitioner has gainful employment in the field of logistics as a Senior Systems Analyst in Harrisburg, Pennsylvania since March of 2007 to present. CA) ca-00 (d a a? 1`1 e?l* -7b 1 s 7. Petitioner has formally been gainfully employed from October 2004 until March 2007 in the field of logistics as a programmer analyst in Camp Hill, Pennsylvania. 8. Petitioner has formally been gainfully employed from 1999 until 2004 in the field of logistics under various titles in Mechanicsburg, Pennsylvania. 9. Petitioner is a TOGAF 8 Certified Enterprise Architect 10. Petitioner attained his BS in Education and Mathematics from Millersville University in January 1993. 11. Petitioner attained his BS in Education and Mathematics from Millersville University in January 1993. 12. Petitioner attained his BS in Computer Science from the Pennsylvania State University in May 2000. 13. During his education, Petitioner was an officer in the I.E.E.E. Student Society, was a member of the ACM Student Organization, earned membership in Upsilon Pi Epsilon Computer Science Honor Society, and interned at IBM. 14. Since his release, petitioner has complied with his parole. 15. Since his release, Petitioner has donated his time to helping mentally disabled adults in a therapeutic independent living residential program for over 2 years, donated time to the Special Olympics, donated his time to stream restoration and dam removal projects with Trout Unlimited, donated his hair to a children's charity, and became a member of the National Ski Patrol and has coached little league. 16. Petitioner has purchased a home in the Midstate, which he shares with his wife and three sons. 17. Petitioner has been refused lucrative employment opportunities in the insurance industry of which the employers explicitly informed Mr. Hanks that other than his Felony Conviction, he was otherwise abundantly qualified. 18. This petition is being served on all parties as required by statute, and as listed on the certificate of service annexed hereto. WHEREFORE, under Pennsylvania Uniform Firearms Act, it appears that he is eligible to have his Firearm Rights Restored, it is requested that this Court so Order. Respectfully Submitted, Rominger & Associates Date: July 5, 2011 r Eric R. David, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #205748 Attorney for Petitioner ATTORNEY VERIFICATION Eric R. David, states that he is the attorney for James Hanks, Petitioner in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: July 5, 2011 Eric R. David, Esquire JAMES HANKS IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL RESTORATION OF DOCKET NO.: FIREARM RIGHTS, Respondent CERTIFICATE OF SERVICE I, Eric R. David, Esquire, do hereby certify that I served a copy of the Petition upon the following by depositing same in the United States mail, postage prepaid at Carlisle, Pennsylvania addressed as follows: Pennsylvania State Police Commissioner 8000 Bretz Drive Harrisburg, Pennsylvania 17112 Cumberland County District Attorney's Office 1 Court House Sq # 202 Carlisle, PA 17013-3322 Respectfully submitted, ROMINGER & ASSOCIATES Dated: Eric R. David, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #205748 Attorney for Petitioner JAMES HANKS IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL RESTORATION OF DOCKET NO.: 3 _ -? FIREARM RIGHTS, MW ? Respondent x cj x> CD ORDER OF COURT, AND NOW, this 7 day of , 2011, upon consideration of the -'' within Petition for Restoration of Firearm Rights and a hearing will be held on the matter on the day of 54i? '2011, at T-.1o'clock Am. in Courtroom at the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court: J. Distribution: ? (J? " Eric R. David, Esquire ??? ? Cumberland County District Attorney's Office Pennsylvania State Police JAMES HANKS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. 11-5457 CIVIL TERM C RESTORATION OF m C'11 FIREARM RIGHTS, Respondent rz w j ? IN RE: PETITION FOR RESTORATION OF FIREARM RI?S N --C-) s"a ORDER OF COURT Y AND NOW, this 9th day of September, 2011, after hearing, it appears that Petitioner would be entitled to the restoration of his rights to possess a firearm under 18 Pa. C.S.A. Section 6105. A Rule is issued upon the Commonwealth and the Pennsylvania State Police to show cause why the Petition for Restoration of Firearm Rights should not be granted. Rule returnable by close of business on September 30, 2011. By the Court, Edward E. Guido, J. Eric R. David, Esquire Sheriff ---> Rominger & Associates Attorney for Petitioner t? Christylee Peck, Esquire Office of the District Attorney v/ Pa. State Police Commissioner 8000 Bretz Drive Harrisburg, PA 17112 srs CoPc 4 ?II II Alt JAMES HANKS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RESTORATION OF FIREARM RIGHTS, Respondent 11-5457 CIVIL TERM COMMONWEALTH'S ANSWER TO PETITION FOR RESTORATION OF FIREARM RIGHTS 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, Christylee L. Peck Senior Assistant District Attorney C-D co rn . r'4'? r - 2;0 0 0m Cn r- " ?:D= ---t AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) SS.. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, personally appeared Christylee L. Peck, Senior Assistant District Attorney of Cumberland County, Pennsylvania, who being duly sworn according to law, deposes and says that she forwarded a copy of Commonwealth's Answer to Petition for Restoration of Firearm Rights, by hand delivery, to: Eric R. David, Esquire 155 South Hanover Street Carlisle, PA 17013 Pennsylvania State Police Commissioner 8000 Bretz Drive Harrisburg, PA 17112 Date: September 26, 2011 Christylee . Peck Senior Assistant District Attorney -, ORIGINAL Pennsylvania State Police +"y z?JT?3010 j?' By: John J. Herman, Esquire Assistant Counsel Attorney I.D. No. 207043 '?3ERLr?Kp COUNT'S Office of the Chief Counsel Department Headquarters 1800 Elmerton Avenue Harrisburg, PA 17110 / (717) 783-5568 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Hanks, Petitioner V. Restoration of Firearms Rights, Respondent : 11-5457 Civil Term REPLY OF RESPONDENT. PENNSYLVANIA STATE POLICE 1. No response required. 2. Admitted. 3. Admitted. 4. Admitted. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. No response required. NEW MATTER 19. The Petitioner is prohibited from possessing firearms by 18 Pa. C.S. §6105(c)(2) and 18 U.S.C. §922(g)(1). 20. The Petitioner is not eligible to have his firearms rights restored under 18 Pa. C.S. §6105.1, as he was not convicted of a disabling offense as defined therein. See 18 Pa. C.S. §6105.1(e). 21. The Petitioner is possibly eligible for relief under 18 Pa. C.S. §6105(d)(3)(i)-(ii). 22. The relief therein is not a restoration of rights but is a "relief from disability" and it will not remove a federal firearms disability. See Pa. State Police v. Paulshock, 836 A.2d 110 (Pa. 2003). WHEREFORE, Respondent, the Pennsylvania State Police, hereby respectfully requests that this Honorable Court not enter any Order "restoring firearms rights" but rather, if it is so inclined, to limit the grant to relief from disability and include clear language advising Petitioner he cannot lawfully possess firearms regulated under federal law. Respectfully submitted, Date: September 28, 2011 Jo erntan, Esquire D. No. 207043 Assistant Counsel Pennsylvania State Police IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Hanks, Petitioner V. Restoration of Firearms Rights, Respondent 11-5457 Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date one copy of the foregoing document has been served on the person(s) and in the manner indicated below. Service by first class mail, addressed as follows: Eric R. David, Esquire 155 South Hanover Street Carlisle, PA 17013 Christylee L. Peck, Esquire Senior Assistant District Attorney Office of the Dist. Atty. Of Cumberland County One Courthouse Square Carlisle, PA 17013 Date: September 28, 2011 John erman, Esquire As istant Counsel Office of Chief Counsel Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110 Attorney I.D. 207043 3 JAMES HANKS Petitioner V. RESTORATION OF FIREARM RIGHTS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DOCKET NO.: 11-5457 ORDER OF COURT ?0 r Y` AND NOW, this ? day of !!T , 20/Aupon consideration of the within Petition for Restoration of Firearm Rights under P . R. Crim. P. 722 it is ORDERED that the Pgtition is anted and the Defendant, James VernHank , is relieved ?om the o.?f 9 ? 30 4 . ?M . ,t;.. ? 3 . firearms e i ioner is hereby m orme that a remains isa e from a ng o p By the Court: Distribution: ? Eric R. David U -? Y 161a 1 rncu =r. -j;i ? John H. Herman, Esq. pKg z "K ? ' Cumberland County District Attorney s Office <? ?. r .. A? r cx' JAMES HANKS Petitioner V. RESTORATION OF FIREARM RIGHTS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DOCKET NO.: 11-5457 ORDER OF COURT AND NOW, this V* day of , 2012, upon consideration of the within Petition for Restoration of Firearms Rights, it is hereby ORDERED and DECREED that the Petition is granted and the Defendant, James Vernon Hanks, is hereby relieved under 18 Pa.C.S. §6105(d)(3)(i)-(ii) from the disability imposed by 18 Pa.C.S.§6105(c)(2) regarding the possession, control or transfer of a firearm. This Order should in no way be construed to serve as a Restoration of Firearms Rights under 18 Pa.C.S. §6105.1, and Petitioner is hereby informed that he remains disabled from possessing, controlling, or transferring a firearm under the Federal Gun of Act, 18 U.S.C.§922(g)(1). By the Court: J. Distribution: John J. Herman Assistant Counsel Pennsylvania State Police Office of Chief Counsel 1800 Elmerton Avenue Harrisburg, PA 17110 Karl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 -?- rf r r-- ` 7. , .. :nr'+ zi: _t 4v