In Re: Return of Personal Property Appeal of: Commonwealth of Pennsylvania, by and through Township of Upper Darby
Submitted: January 5, 2018
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge,
HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE JAMES
GARDNER COLINS, Senior Judge
RENÉE COHN JUBELIRER, Judge
Commonwealth of Pennsylvania, by and through the Township of
Upper Darby (the Township), appeals from an Order of the
Court of Common Pleas (common pleas) of Delaware County,
dated March 16, 2017, which granted the Petition of Appellee
(Mr. Ryan) to return personal property that the Township
Police Department seized from him. Upon review, we conclude
that common pleas erred in granting the Petition and instead
should have dismissed it as it is barred by the six-year time
limitation contained in Section 5527(b) of the Judicial Code,
42 Pa. C.S. § 5527(b). Thus, we reverse the Order and
dismiss the Petition.
December 2, 2016, Mr. Ryan and Mrs. Ryan (collectively, the
Ryans), who are married, filed with common pleas a
Petition for Return of Personal Property (Petition). The
Ryans alleged that on August 22, 2003, when they were living
at the home of Mr. Ryan's mother, the Township Police
Department responded to the residence in response to a report
that there was an attempted suicide in progress. The Township
Police entered the bedroom Mr. Ryan was occupying and found
him passed out with a loaded .45 caliber pistol in his hand.
The Township Police disarmed Mr. Ryan and transported him to
the hospital without incident. At the hospital, a physician
found that Mr. Ryan was "severely mentally disabled and
in need of treatment[, and that h]e should be admitted to a
facility designated by the County Administrator for a period
of treatment not to exceed 120 hours."(Application for
Involuntary Emergency Examination, Reproduced Record (R.R.)
at 30a.) Mr. Ryan was discharged from the hospital five hours
after his arrival.
the same time, police seized from Mr. Ryan's bedroom
"for safety" the following items:
1. A Fury combat knife with a black handle.
2. A combat knife with a broken handle.
3. A black and silver samurai sword.
4. A High Country compound bow.
5. Three black nylon holster[s] and one brown leather
6. A green ammunition box with live ammunition and shells.
7. A red bag with various gun cleaning kits and shooting
8. A black UMAREX .177 pellet gun with serial # J138259591.
9. A Glock 23 .40 caliber firearm with serial number EVG284.
10. A Colt .357 Python Revolver serial # V12277.
11. A long barrel .44 caliber pistol with serial number