HomeMy WebLinkAbout13-2621 ✓ n
R. Mark Thomas, Esquire 201MAY t O H 10-- ft
101 S. Market Street CCIMSERLAND
Mechanicsburg, PA 17055 PENNSYL,VA�A 3
717-796-2100
rmarkthomas @gmail.com
PAUL MELACHRINOS, COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. k I3 -DU al Coil
CIVIL MATTER
Seven(7) Certain Firearms, Gun case and
Ammunition
PETITION FOR RETURN OF SEIZED PROPERTY
AND NOW, comes Petitioner, PAUL MELACHRINOS, by and through his counsel, R.
Mark Thomas, Esquire, and files this Petition for Return of Seized Property, and in support thereof
respectfully represents:
1) Your Petitioner resides 627 W. Main Street, Mechanicsburg, PA 17055.
2) On or about September 20, 2009,the Mechanicsburg Borough Police Department
retrieved from Petitioner's residence at 627 W. Main Street, Mechanicsburg, PA the
following six (6) firearms and related items:
i. One(1)Case -Black Doskocil Hard Gun Case containing-1 glock .40 magazine with
ammo;
ii. Black Colt.45 Cal. Government made- Serial FG49997-2 clips .45 cal.Ammo;
iii. Black Beretta 9 mm 92F S#D08445Z-1 clip 9mm ammo;
iv. Ruger.22 cal Long barrel New Model-brown grips s#26254900;
v. 357 Magnum Silver Brown grips S# 172-49090;
vi. Black Smith&Wesson .44 magnum model#29-3 S#AUA7544; CO
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vii. Gun w/case .22 cal rifle with 4x32 scope"Tasco" S#AN264841,Large plastic
baggie .22 cal ammo,Plastic case Hollow pt. CCI .22 cal ammo
3) Just prior to the seizure of the firearms, Petitioner's wife had let Petitioner know that
their marriage was over.
4) Petitioner was distraught at the thought of losing his wife and removed the Glock
firearm from its case and proceeded to drive around Cumberland County with the loaded
Glock firearm.
5) During the time that petitioner was driving around the Cumberland County area,he
communicated to his wife and former wife that he was contemplating suicide, most likely
suicide by cop.
6) Ultimately the Mechanicsburg Police were able to make contact with the Petitioner
and he came voluntarily to the Mechanicsburg Police Station.
7) That same evening, the Petitioner voluntarily admitted himself to the Holy Spirit
Hospital Crisis Intervention.
8) Within two days your Petitioner was discharged from the Holy Spirit Hospital.
9) On September 23, 2009 Petitioner called the police department and turned over the
Glock 23 - .40 Caliber Black Hand Gun Serial#AMY865.
10) It has now been 3 %2 years and there have been no incidents involving your Petitioner.
11) Your Petitioner avers he is entitled to the return of his seven(7) firearms, gun case,
and ammunition.
[2]
WHEREFORE,petitioner prays this Honorable Court will issue a RULE upon the
Commonwealth to show cause, if any, as to why Petitioner's request for the return of his
firearms should not be granted.
Respectfully submitted,
Date R. Mark Thomas, Esquire
Attorney for Petitioner
101 South Market Street
Mechanicsburg, PA 17055
ID#. 41301
Telephone: 717-796-2100
[3]
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VERIFICATION
I verify that the statements made in the foregoing document 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 unworn f cation to authorities.
Date:
PAUL MELACHRINOS
5
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the
Petition for Return of Seized Property on the following by hand-delivering the same to:
Office of District Attorney
One Courthouse Square
Carlisle,PA 17013
Date: 20
�— R. Mark Thomas, Esq.
[6]
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PAUL MELACHRINOS, COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL MATTER 1
Certain Firearms i and Related Items
RULE
AND NOW this 3 day of , 2013, upon consideration of the
enclosed Petition for Return of Seized Property, a RULE is hereby issued upon the Commonwealth
of Pennsylvania, to show cause, if any, as to why the relief requested should not be granted.
Rule returnable and hearing to be held on the day of , 2013,
at o'clock am/pm,in courtroom number of the Cumberland County
Courthouse, Cumberland Pennsylvania.
By the Court,
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CC: Office of District Attorney, One Courthouse Sq., Carlisle,PA 17013 - 1;0
✓R. Mark Thomas, Esquire, 101 S. Market Street,Mechanicsburg,PA 17055
/Att'orney for Petitioner
✓ Petitioner-PAUL MELACHRINOS, 627 W. Main Street,Mechanicsburg,PA 17055
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PAUL MELACHRINOS, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
V.
SEVEN (7) CERTAIN FIREARMS,
GUN CASE AND AMMUNITION 13-2621 CIVIL
COMMONWEALTH' S ANSWER TO THE PETITION FOR
RETURN OF SEIZED PROPERTY
After careful review, the Commonwealth believes and
therefore avers there is no legal basis to oppose the Petition
for Return of Seized Property.
Respectfully submitted,
Ma hew i h
Chief Deputy District Attorney -vrY
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CERTIFICATE OF SERVICE
I hereby certify that this day I have served a copy of
Commonwealth' s Answer to the Petition for Return of Seized
Property on the following person and in the manner indicated
below:
Service by First Class Mail :
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
Date : June 11, 2013
Matthew P. Smith
Chief Deputy District Attorney
PAUL MELACHRINOS, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
CERTAIN FIREARMS AND
RELATED ITEMS NO. 13-2621 CIVIL
ORDER OF COURT
AND NOW, this 17th day of June, 2013, upon consideration of Paul Melachrinos'
Petition for Return of Property and the Commonwealth's Answer thereto;
IT IS HEREBY ORDERED AND DIRECTED that the Petition for Return of
Seized Property is GRANTED. Paul Melachrinos' property currently in the possession
of the Mechanicsburg Borough Police Department will be returned to Petitioner. The
hearing currently scheduled for Tuesday, June 18, 2013, at 11:00 a.m. is hereby
CANCELLED.
By the Court,
— %k�--( U4
� M. L. Ebert, Jr., J.
�R. Mark Thomas, Esquire
Attorney for Petitioner
District Attorney's Office Z, cxc-L,;J fn..Ll*
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