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HomeMy WebLinkAbout13-2016 leme C 10Wnnsylvania Cou leas _ � ► , Cum erlai _ _County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadin s or other pa ers as required by law or rules of court. Commencement of Action: 13 Complaint ® Writ of Summons Petition Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Vanessa narnpll William_Q PA_ 'P STATE POLTCR Dollar Amount Requested: Dwithin arbitration limits Are money damages requested? ®Yes ® No (check one) ®outside arbitration limits Is this a Class Action Suit? ®Yes ( No Is this an MDJAppear © Yes Q No Name of Plaintiff/Appellant's Attorney: Stani:ey H. Mitchell, ® Check here if you have no attorney(are a Self-Represented lPro Se] Litigant) _ : Place art"X"to the left of the SK case category that most accurately describesyour FRIM40'CAM. If you are making more than one type of claim,,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional [3 Buyer Plaintiff Administrative Agencies ®Malicious Prosecution [3 Debt Collection:Credit Card ® Board of Assessment Motor Vehicle ®Debt Collection:Other Q Board of Elections Nuisance Dept.of Transportation Premises Liability Statutory Appeal:Other Q Product Liability(does not include mass tort) Employment Dispute: rf © Slander/Libel/Defamation Discrimination Other: ® Employment Dispute:Other [3 Zoning Board } [3 Other: ® Other: MASS TORT Q Asbestos Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS par 13 Toxic Waste © Other: ® Ejectment [3 Common Law/Statutory Arbitration Eminent Domain/Condemnation ®Declaratory Judgment ® Ground Rent ®Mandamus ® Landlord/Tenant Dispute Non-Domestic Relations © Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto Dental ®Partition ❑Replevin Legal ® Quiet Title Other: © Medical [3 Other: Fi ® Other Professional: earm �.j Updated 1/1/2011 OF THE P�0�ffCC Stanley H.Mitchell,Esquire ""APR ONO TA R Y 600 N.Second St.,Ste.,402 fit' I S Ply jt 06 PO Box 425 C Harrisburg,PA., 171o8ENNSNQ COUNTY Pa.,Atty.,I.D.No. 32093 LVANIA (717) 233-3339 Attorney for Plaintiff VANESSA DARNELL WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. civ l l PENNSYLVANIA STATE POLICE, CIVIL ACTION-LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(2o)days after this Complaint and Notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-91o8 717-249-3166 . lef Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 402 PO Box 425 Pa., Atty., I.D. No. 32093 Harrisburg, PA., 17108 (717) 233—3339 SHMitchell9(Mcomcast.net Attomey for Plaintfff/Petitfoner VANESSA DARNELL WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. —��� C 1' PENNSYLVANIA STATE POLICE, CIVIL ACTION— LAW Defendant PETITION TO RESTORE LICENSE TO CARRY FIREARM AND NOW, comes Vanessa Darnell Williams, by and through her attorney Stanley H. Mitchell, Esquire, who files the within Petition To Restore License To Carry Firearm, to wit: 1. Plaintiff is Vanessa Darnell Williams, an adult individual who resides at 18 S. 1 e St., #2, Camp Hill, Pennsylvania 17011, with a date of birth of April 10, 1961 and social security number of 225— 13—4427. 2. Defendant is the Pennsylvania State Police, a Commonwealth agency, with headquarters located at 1800 Elmerton Ave., Harrisburg, Pennsylvania 17110, PICS Challenge Unit: ATTN: RON WILKINS. 3. On or about July 25, 2005, Plaintiff was admitted on an emergency involuntary commitment to the Penn State Milton S. Hershey Medical Center, 500 University Dr., Hershey, Pennsylvania 17033. 4. On admission, plaintiff was taking the prescription medications hydrochlorothiazide (HCTZ), a thiazide diuretic commonly utilized for the treatment of high blood pressure; Lisisnopril, commonly utilized for the treatment of high blood pressure as well as a drug instrumental in connection with surviving heart attacks, associated with a side effect resulting in depression amongst other impacts; and, Atenolol, commonly utilized for the treatment of high blood pressure with side effects resulting in dreaming, confusion, and depression. 5. Your Plaintiff was removed from such medications upon admission due to adverse effects from said medications. 6. It is believed and therefore averred that the adverse effects of Plaintiffs medications caused a deleterious impact on Plaintiff, providing cause for such involuntary admission. 7. Plaintiff was discharged from Penn State Milton S. Hershey Medical Center August 4, 2005. 8. On or about August 21, 2005, Plaintiff started after care services at Philhaven Behavioral Health Services, 2717 N. Front St., Harrisburg, Pennsylvania 17110, where Plaintiff received therapeutic group services, medication management, as well as individual therapy. 9. Plaintiff was discharged September 6, 2005 with no restrictions. 10. Plaintiff has continued to reside quietly and hold full time employment since said discharge. 11. Plaintiff enjoys the comfort of church and social activities with her friends. 12. There have been no episodes associated with the events leading to Plaintiffs involuntary commitment since said admission seven years ago. 13. Your Plaintiff, a single woman, is the owner of a Keltec P 32 32 caliber weapon, serial number 78434. 14. Plaintiff s involuntary mental health commitment seven years ago serves as a prohibition for a license to carry a firearm pursuant to 18 PA., C.S. 6109. 15. Plaintiff has been evaluated by a psychiatrist and said evaluation, after exhaustive interviews, psychological tests, collateral contacts, and associated review of records, determined that Plaintiff is not a threat to herself or to others. 16. Due to privacy and public policy concerns, a copy of the evaluation shall be made available to Your Honorable Court and associated parties as appropriate. 17. Plaintiff seeks an Order from Your Honorable Court granting restoration of her firearms rights, to wit: restoration of her right to seek a license to carry a firearm, 18. A copy of the within Petition To Restore License To Carry A Firearm has been provided to the Office of District Attorney for Cumberland County and the Office of District Attorney for Dauphin County. 19. Plaintiff respectfully requests Your Honorable Court to seal the record associated with the instant docket. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to issue an Order after hearing restoring Plaintiffs right to hold a license to carry a firearm and to seal the record associated with the instant docket.. Respectfully submitted, Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 402 PO Box 425 Pa., Atty., I.D. No. 32093 Harrisburg, PA., 17108 (717) 233—3339 Attorney for Plaintiff Date: ty It(ft 3 VERIFICATION I, VANESSA DARNELL WILLIAMS, hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsification to authorities. Date: ANESSA DARNELL WILLIAMS CERTIFICATE OF SERVICE IN RE: VANESSA DARNELL WILLIAMS v PA., STATE POLICE I hereby certify that I am this day serving the forgoing document by U.S. Mail, First Class, postage prepaid, certified, return receipt requested, upon the following: Pa., State Police, 1800 Elmerton Ave., Harrisburg, PA., 17110 PICS Challenge Unit: ATTN: Ron Wilkins Office of District Attorney Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Office of District Attorney Dauphin County Courthouse 101 Market St., Harrisburg, PA 17101 Date: Stanley H. Mitchell, Esquire Stanley H. Mitchell, Esquire P O N0 `A 600 N. Second St., Ste., 402 200 APR 29 AM W. 1 PO Box 425 Pa., Atty., I.D. No. 32093 CUMBERLAND COUNTY Harrisburg, PA., 17108 PENNSYLVANIA (717) 233-3339 SH Mitchel l90),comcast.net Attorney for Plaintiff/Petitioner VANESSA DARNELL WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. 13-,�)O) (p PENNSYLVANIA STATE POLICE, CIVIL ACTION - LAW Defendant ORDER AND NOW, this : 1 day of 2013, upon consideration of Plaintiff's Petition To Restore License To Carry Firearm and the averments therein, a hearing C�, shall be held " 15 2013 at T'1DA .m., in Courtroom No. �- Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. It is So Ordered. BY THE COURT: J., Distribution: ,,..6Tanley H. Mitchell, Esquire, 600 N. Second St., Ste., 402 PO Box 425, Harrisburg, PA., 17108 Pennsylvania State Police, 1800 Elmerton Ave., Harrisburg, PA., 17110, PICS Challenge Unit: ATTN: RON WILKINS Tice of District Attorney, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA., 17013 ,/6ice of District Attorney, Dauphin County Courthouse, 101 Market St., Harrisburg, PA., 17101 ec 0 VANESSA DARNELL WILLIAMS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE POLICE DEFENDANT NO. 13-2016 CIVIL IN RE: PETITION TO RESTORE LICENSE TO CARRY FIREARM ORDER OF COURT AND NOW, this 13th day of May, 2013, this matter having previously been scheduled before this Court for a hearing on August 15, 2013, at 9:00 a.m. and there now being a conflict with this Court's schedule, IT IS HEREBY ORDERED AND DIRECTED that the hearing will now be held on Thursday, August 22, 2013, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. � Stanley H. Mitchell, Esquire Attorney for Plaintiff Pennsylvania State Police Attention: Ron Wilkins =-' ' District Attorney's Office 5ps � k . Cumberland County istrict Attorney's Office :x Dauphin County fz bas n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T3 CD c °Y Vanessa Darnell Williams, No. 13-2016 Civil w - 'Plaintiff ' C , V. .� CD Pennsylvania State Police, � y. Defendant _ PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Pennsylvania State Police in this case. Date: CARLTON M. SMITH Assistant Counsel Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110 717-783-5568 Attorney I.D. #90615 1 IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vanessa Darnell Williams, No. 13-2016 Civil Plaintiff V. Pennsylvania State Police, Defendant PROOF OF SERVICE I hereby certify on this date that I served a copy of the foregoing Praecipe for Appearance on behalf of the Pennsylvania State Police, on the individual listed below at the address listed below: By first class mail, addressed to: Stanley H. Mitchell, Esquire 600 N. Second Street PO Box 425 Harrisburg, PA 17108 Office of the District Attorney Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Office of the District Attorney Dauphin County Courthouse Front & Market Streets Harrisburg, PA 17101 Date: S��Z��_l 3 "2 CARLTON M. SMITH, Esquire Attorney ID #90615 Office of Chief Counsel Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110 717-783-5568 carltsmith @pa.gov VANESSA D. WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. 13-2016 CIVIL PENNSYLVANIA STATE POLICE, Defendant CERTIFICATE OF SERVICE -�r - C a +i I hereby certify that a copy,of the forgoing Petition To Restore License To Carry Firegrm`."" was served by Personal Service upon the following: PA. State Police Office of Chief Counsel 1800 Elmerton Ave., Harrisburg, PA., 17110 Office of District Attorney Cumberland County Courthouse One Courthouse Sq., Carlisle, PA 17013 Office of District Attorney Dauphin County Courthouse Front & Market Sts., Harrisburg, PA., 17101 Date: May 24, 2013 Stanley H. Mitchell, Esquire VANESSA DARNELL WILLIAMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 2013-2016 CIVIL TERM PENNSYLVANIA STATE POLICE, CIVIL ACTION - LAW Defendant IN RE: PETITION TO RESTORE LICENSE TO CARRY FIREARMS ORDER OF COURT AND NOW, this 22nd day of August, 2013, upon consideration of Vanessa Williams petition to restore license to carry firearms, and after full hearing in the matter, the court finds that the petitioner is gainfully employed, has no prior criminal record, has had no psychological problems since 2005, and at this time does not pose a threat to herself or any other person. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the petitioner is relieved of the prohibition imposed by Section (C) (4) of 18 Pa . C. S .A. Section 6105, and the requested petition to restore her right to obtain a license to carry a firearm is granted. IT IS FURTHER ORDERED AND DIRECTED that the records of the petitioner ' s involuntary commitment are hereby expunged. By the Court, *—v- UA M. L. Ebert, Jr. , J. Ti Stanley H. Mitchell, Esquire —3 Co PO Box 425 M Harrisburg, Pa. 17108 a--,u For the Plaintiff �' N ,.,-<rlton M. Smith, Esquire T' C-) Assistant Counsel C."� 1800 Elmerton Ave . =' Harrisburg, Pa. 17110 ` ', For the Defendant :mtf