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Home My WebLink About99-07454PIPP7 DEC 15 REV. DAVID R. GIRTON COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNA. -VS- CTVTL ACTION - LAN DARNTN J. GIRTON REPT.E?jVTpN - Defendant No. 7 / r7 y.-.5 I' ?-? V' L ORDER OR COURT AND NOW, this Z? day of ! upon consideration of Plaintiff's Motion For Leave To Proceed In Forma Pauperis And Service Of Process, IT IS HEREBY ORDERED AND DECREED that the motion is GRANTED by the Court. The Prothonotary of Cumberland County shall allow Plaintiff to proceed without being required to prepay fees or costs. IT IS FURTHER ORDERED that the PROTHONOTARY of Cumberland County provide a copy of this ORDER and Plaintiff's Complaint to the Sheriff of Cumberland County for service upon Defendant to this action. IT IS FURTHER ORDERED that the Sheriff of Cumberland County, or his authorized deputies shall serve Plaintiff's Complaint upon Defendant forthwith, without Plaintiff being required to pay fees or costs. 71 t{li REV. DAVID R. GIRTON Plaintiff -VS- DARWIN J. GIRTON Defendant COURT OF COMMON PLEAS OF r_TJMRERLANn COUNTY, PENNA. CTVIL ACTION - LATI RF.PT,EVTN -.TRESPASS No. *4OW CONES, Rev. DAVID R. GIRTON, Plaintiff, and he moves this Honorable Court for leave to proceed in forma pauperis under Pa.R.Civ.P. Rule 240, and service of his Complaint by the Sheriff under Pa.R.Civ.P. Rule 400, and he avers as follows in support thereof, to wit: 1. That Plaintiff has filed berewit!l a civil action in replevin-trespass. 2. That Plaintiff is currently incarcerated at the State Correctional Institution at Greene, and has been confined for the past (21) twenty one mcnths. 3. That Plaintiff is completely indigent, without the funds to prepay fees or costs of prosecuting this instant civil action. Attached hereto, marked "P.RRI82T-A" is a "In Forma Pauperis Affidavit" under Rule 240, Pa.R.Civ.P., evidencing Plaintiff's indigency status. 4. That due to Plaintiff's incarceration, and the mandates of Rule 400 of the Pa.R.Civ.P. he is unable to serve original process (his complaint) upon the Defendant. WHEREFORE, Plaintiff prays this court grant him leave to proceed in forma pauperis, and direct that his complaint he served by the Sheriff free of costa and fees. I HERESY VERIFY THAT THE FACTS T[? THIS i40TTON APE TRUE AND CORRECT TO THE BEST OF MY PERSONAL KNOWLEDGE, INFORM7,TION AND RELIEF, ANn TVAT ANY FALSE STATr_MFNT ucRFTN IS 'BADE SURJF.rT TO T11r orINZALTTFS °ROVTDED T3Y THE CRTMrS CODE, 18 Pa. C.S.A. $4904, relating to unsworn falsification to authorities. pespectfull.y submitted, Rev. Da 'id R. Giro lai?ff s C T - Greene, AS1550 1040 E. Roy Furman Highway Waynesburg, PA 15370 DATED : /nG " 9' 99 "ERTIIRTT-A" R^f. DAtrTt? R. '•Tr'TON °laintif -?rC DAR'gIU T. (ITRTOM nefendant COURT 07 Cr."NIONI ?Lr.AS OF Cr'•d11 F.RLAr,tD COUNTY, ^ENP?A. CT1'T1. ACTTOM - LAtI RFpT,EVTM - mRgSPASS Mo. IN FIRMA PAUPERTS AFFTOAVTT 1. T am the Plaintiff i the a`.ove. matter and because of my financial condition am unable to pay the fees and costs of prosecuting this action. 2. r am unable to obtair fund3 From anyone, including my family and associates, to pay the costs of litigation. 3. T represent that Vie information below related to my ability to pay the fees an8 costs is true ant correct: a) td.A*'E: Reverend Davit r,. ,irton Ad?ress: 1040 F. Poy ^urman *lightaay Waynesburg, D.A. 15370 ' A'S b 55n SG*1: 155-4Q-c;?71 b) >M/)V"•FNT - Due to my incarceration, T have not been employed in the last (21) twenty one months. C) OTRER I?ICOMtE - Mone d) roviFR CO'vTaTntrrr ! ; TO '10U57'rrT D i'inr?OPT - "one a) PROPERTY 0A"7FD - acne except for that which T am suing for in (1 of 7.) this action. f) DEBTS AND OMT('ATTI)NR - Court costs & restitution from criminal case. g) T) RSl1'4S nFPr^MENT DPON NF, FOR SUPPORT - Daughter, T3ryanna Fasold-Girton, age: 21 months, and fiancee, Gladys Fasold. 4. T understand t?at I have a continuing obligation to inform the Court of improvement of my financial condition which would permit me to pay the costs incurrel herein. 5. T verify that the statem-,-nts in Vils affidavit are true and correct. T understand that false statements herein are made subject to penalties of 1.8 Pa. C.S.A. $4904, relating to unssaorn falsification to authorities. DATE: i,2. q. q9 Rev. David R. Girton, Plaintiff S C T - 3reen6;,AS1550 1040 E. Poy Furman Highway Waynesburg, PA 15370 (7 of 2) i >- f CI G 73 LL L ?' Cn G', -) C5 REV. DAVID R GIRTON -VS- DARWIN J. GIRTDefendant COURT OF COTiDtON PLEAS OF CUAiRERLAND COUNTY, PENNA. CIVIL ACTION - LA REP W - TR1E? ASS' i REPLEVIN No. q9 7yJ C NOTICE TO DEFEND 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 (20) twenty 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Prothonotary's Office Cumberland Co. Courthouse Carlisle, PA 17013 (717) 290-6250 1_i REV. DAVID R. GIRTON Plaintiff -VS- DARWIN J. GIRTON Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW REPLEVIN - TRESPASS No. 9 9. 7 `/s 0,-i 1 Ti C O M P L A I N T ?i I? Plaintiff, Rev. David R. Girton, has a cause of action against the above named Defendant for which the following is a statement thereof, TO WIT= I. PARTIES 1. Plaintiff, Rev. DAVID R. GIRTON, is an adult individual currently residing at the State Correctional Institution at Greene, Inmate Number AS1550, 1040 E. Roy Furman Highway, Waynesburg, Greene County, Pennsylvania 15370. 2. Defendant, DARWIN J. GIRTON, is an adult individual currently residing at 19 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. II. CAUSE OF ACTION 3. That on March 20, 1998, Plaintiff was arrested by the Pennsylvania Board of Probation and Parole on a Parole Violation warrant, which resulted in Plaintiff's incarceration in the Cumberland County Prison, and thereafter the Pennsylvania Department of Corrections. 4. That prior to Plaintiff's said incarceration, he resided at 116 w. Main Street, Apartment #3, Mechanicsburg, Pennsylvania 17055. 5. That between March 21 to March 25, 1998, Defendant unlawfully broke in to and entered Plaintiff's residence indicated in paragraph (4) four herein, and without authorization or consent of Plaintiff, the Defendant removed the following items of personal property of Plaintiff: a) (1) Alabaster Sofa valued at: $799.00 b) (1) Alabaster Love-Seat valued at: $399.00 I c) (1) 27 inch Sanyo Color Television set valued at: $299.00 d) (1) General Electric VCR valued at: $199.00 e) (1) Entertainment Center valued at: $149.00 j f) (1) Alabaster Recliner valued at: $299.00 g) (1) Sleigh Bed valued at: $1,200.00 h) (1) JCPenny Microwave oven valued at: $130.00 ' i) (1) Sunbeam Blender valued at: $24.00 j) (1) Sunbeam Toaster oven valued at: $44.00 k) (1) Sunbeam Mixer valued at: $18.00 1) (1) Crock Pot valued at: $27.00 m) Various kitchen utensils, dishes, pots S pans valued at: $190.00 TOTAL VALUE: $3,777.00 6. That Plaintiff prior to his incarceration was and remains the lawful owner of a 1987 Ford Escort automobile. 7. That upon Plaintiff's aforesaid arrest, Plaintiff authorized Defendant to move Plaintiff's said automobile from Excel Logistics, 101 Commerce Drive, Mechanicsburg Pennsylvania and place it at Defendant's residence to hold for Plaintiff until his release from incarceration. S. That upon information and belief, the Defendant unlawfully forged Plaintiff's signature to the Title of said vehicle, and sold or otherwise disposed of it without consent or authorization of this Plaintiff. 9. That Plaintiff's said automobile was valued at: $3,300. 10. That on various occasions, Plaintiff has demanded Defendant to turn over all the aforesaid property to his fiancee, Gladys Fasold, which he to date has not done. 11. That on November 13, 1999, Plaintiff served, via, Certified Mail, Return Receipt Requested, a demand upon Defendant, demanding that he turn over Plaintiff's said property, alternatively compensate Plaintiff in the total amount of $7,077.00 for such property, and Defendant has and continues to refuse to turn over such property or compensate Plaintiff for its value. 12. That Plaintiff avers that Defendant s actions specified herein have and continue to deprive Plaintiff of property that is lawfully his, to Plaintiff's great detriment and loss. 13 _ That Plaintiff avers that Defendant's actions specif i ed herein constitutes a trespass as a matter of law. 14 _ That Plaintiff avers that Defendants actions specified herein with reference to the said automobile constitutes a Theft and Forgery, in violation of the Pennsylvania Crimes Code, in turn infringing Plaintiff fIs property rights without consent or authorization by Plaintiff. WHEREFORE, Plaintiff demands judgment in his favor and against- Defendant as follows: a) an ORDER upon Defendant directing that he return all the of o rementioned personal property of Plaintiff over to the Plaintiff, the lawful owner thereof; b ) a Judgment against Defendant in the amount of $7,077-00, or an adjusted amount based upon any property Defendant may have unlawfully sold and/or disposed of listed in this instant Complaint; c) Plaintiffs costs and fees of prosecuting this action; and d) Any and all other or further relief the Court deems appropriate, just and equitable. Respectfully submitted, //I? ?l)/? I li ?wl//R / Rev. David R. Girton, Plaintiff S C I - Greene, AS1550 1040 E. Roy Furman Highway Waynesburg, PA 15370 DATE: U- 9. 99 PREPARED BY: Theodore B. Savage, J.D. Counselor-at-Law 1040 E. Roy Furman Highway Waynesburg, PA 15370 REV. DAVID R. GIRTON Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. -VS- CIVIL ACTION - LAW REPLEVIN - TRESPASS DARWIN J. GIRTON Defendant No. V E R I F I C A T I O N I, the undersigned, do hereby verify that the facts in the foregoing "Complaint" are true and correct to the best of my personal knowledge, information and belief, and that any false statement therein is made subject to the penalties provided by Section 4904 of the Pennsylvania Crimes Code, 118 Pa. C.S.A. $4904] relating to unsworn falsification to authorities. DATED:__ /9 r -!??? Rev. David R. Gir?on7-, 'Plaintiff S C I - Greene 1040 E. Roy Furman Highway Waynesburg, PA 15370 Inmate #: AS1550 ?.. 't; ?' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07454 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIRTON DAVID R REV VS GIRTON DARWIN J KATHY CLARKE Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon GIRTON DARWIN J the DEFENDANT , at 0009:08 HOURS, on the 3rd day of January , 2000 at 19 TEXACO ROAD MECHANICSBURG, PA 17055 by handing to DARWIN GIRTON a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 8.00 .00 30.96 Sworn and Subscribed to before me this 1cc day of 7OV-c) A. D. / 6PrOthonotary So Answers: R. Thomas Kline 01/04/2000 By: Deputy Sheriff REV. DAVID B. GIRTON, Plaintiff V. DARWIN J. GIRTON, Defendant TO: Rev. David R. Girton, Plaintiff S C I - Greene, AS 1550 1040 E. Roy Furman Highway Waynesburg, PA 15370 DATE: March 1, 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN-TRESSPASS No. 99-7454 Civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PLEAD TO THE NEW MATTER FILED ON FEBRUARY 3, 2000 IN THE ABOVE CAPTIONED MATTER. PER PENNSYLVANIA RULE OF CIVIL PROCEDURE 237. 1, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (719 Z49,OX66 . l1 Date: Paul Bradford Orr, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney ID: 71786 REV. DAVID B. GIRTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DARWIN J. GIRTON, Defendant CIVIL ACTION - LAW REPLEVIN--TRESPASS No. 99-7454 Civil TO: Rev. David R. Girton, Plaintiff S C I - Greene, AS 1550 1040 E. Roy Furman Highway Waynesburg, PA 15370 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, t DATE: I D Attorney for Defendant I I , 1 f ..l IJI 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. #71786 REV. DAVID B. GIRTON, Plaintiff V. DARWIN J. GIRTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN--TRESPASS No. 99-7454 Civil DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Darwin J. Girton, by his undersigned attorney, hereby answers Plaintiffs complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, between March 21 and March 25, 1998, Defendant did not unlawfully break into Plaintiffs residence and remove the items without consent or authorization of Plaintiff. Defendant did take only some of the property listed in # 5 of Complaint as a bailment for Plaintiff inasmuch as Plaintiff's landlord was prepared to remove all of Plaintiffs property from Plaintiffs residence and place said items out on the street. Defendant had full authorization from Plaintiff to remove said items. By way of further answer, Defendant avers that the total value that Plaintiff has listed for these items of personal property is grossly inflated. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 8. Denied. To the contrary, Plaintiff believes that said automobile was repossessed by Plaintiffs creditor. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied 10. Denied. To the contrary, Defendant has communicated to Plaintiff that Ms. Fasold is welcome to come to his place at a mutually agreed upon residence and take into possession the property in which the Defendant is holding as a bailment. 11. Denied. To the contrary, Defendant disputes that he owes Plaintiff any such sum and has communicated to Plaintiff that Ms. Fasold is welcome to conic to his residence at a mutually agreed upon time and take into possession the property in which the Defendant is holding as a bailment 12. Denied. Defendant has not nor does he continue to deprive Plaintiff any property belonging to Plaintiff. 13. This is a legal conclusion to which no responsive pleading is required. 14. This is a legal conclusion to which no responsive pleading is required NEW MATTER 15. Defendant hereby incorporates paragraphs 1-14 above as if the same were fully set forth herein at length and avers the following: 16. This is a frivolous lawsuit lacking an arguable basis in law and fact. 17. Pursuant to 42 Pa.C.S.A. §8351, Plaintiff is liable to Defendant for the wrongful use of these civil proceedings. Defendant Darwin J. Girton respectfully requests that this Court enter judgment ?ryH);REFORE, in its favor, and against Plaintiff The Rev. David R. Girton for all consequential and incidental damage, including reasonable attorney fees and costs and such other and further relief as this Court deems just and DAT a?? Paulpaul Br?adfordMrr, Esquire Attorney for Defendant The Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. # 71786 I hereby certify that a true and correct copy of the foregoing Answer and New Matter to Plaintiffs Complaint was delivered via U.S. Mail to the following: Rev. David R. Girton, Plaintiff S C I -Greene, AS 1550 1040 E. Roy Furman Highwa Waynesburg, PA 15370 SVE Date: By. Paul Bradford Orr. Esouire Rev. David R. Girton In The Court of Common Pleas Plaintiff of Cumberland County Pa. V. Civil Action - Law Daewin J. Girton Replevin - Trespass Defendant No. 99-7454 Civil Plaintiff's Answer To New Matter ----------------------------------------------- To: Darwin J. Girton 19 Texaco Road Mechanicsburg,Pa. 17055 16. Denied. Plaintiff believes lawsuit is just and proper in this matter. 17. Denied. Plaintiff is not liable for wrongful use of these civil proceedings as Plaintiff asked the Defendant on several occasions about the return of his property. The defendant stated each time, that Plaintiff's property was sold and he would not get it back. Plaintiff exhausted all other means and was left with no other choice but to file Civil Action against Defendant for the return of Plaintiff's property. Wherefore, Plaintiff Rev. David R. Girton, respectfully requests that this court enter judgement in his favor against the Defendant, Darwin J. Girton for all costs and fees that this court deems just and proper. Respectfully, R & ' (? f Rev. David R. Gir on _? • 4.00 DATE r c , ?' cam: L ? 7 h ?., ?a ?., ? ?' ? ' ? iG r ; ' ci !,: itsu7 _, C " x- ? ? ?) U G 11 REV. DAVID B. GIRTON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DARWIN J. GIRTON, DEFENDANT 99-7454 CIVIL ORDER OF COURT AND NOW, this 22- day of March, 2000, the praecipe by defendant for judgment to dismiss with prejudice the within action and pay costs and attorney fees, IS DENIED.' By the Court, Rev. David R. Girton, AS1550, Pro se SCI-Greene, 1040 E. Roy Furman Highway Waynesburg, PA 15370 Paul Bradford Orr, Esquire For Defendant :saa Edgar B. Bayle. D? ' Plaintiff has no duty to respond to defendant's answers to plaintiffs complaint. Paragraphs 16 and 17 of defendant's new matters are conclusions of law for which no answer is required. Therefore, the failure of plaintiff to respond to defendant's new matter cannot form the basis for the entry of a judgment against plaintiff. ' ., ?1 X11 i?•? out!^?22 P"; ng CU'•:: J COU?n PEN sti "Lvj%jNA I REV. DAVID B. GIRTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARWIN J. GIRTON, REPLEVIN--TRESPASS Defendant No. 99-7454 Civil PRAECIPE FOR JUDGMENT Defendant, by and through his counsel, Paul Bradford Orr, Esquire, respectfully represents the following: 1. On February 3, 2000, Defendant filed a new matter to Plaintiff's complaint. 2. On this same date, Defendant sent Plaintiff the new matter and attached therewith a NOTICE TO PLEAD within twenty (20) days. 3. On March 1, 2000, pursuant to Pennsylvania Rule of Procedure 237. 1, Defendant filed a "Important Notice" stating that Defendant had failed to plead the new matter filed on February 3, 2000. Defendant, once again, sent same to Plaintiff. 4. Plaintiff failed to take heed of all these notices and has yet to file with this Honorable Court a response to said notices. WHEREFORE, for all the foregoing reasons and pursuant to Pennsylvania Rule of Civil Procedure 237.3 , Defendant requests this Court to enter judgment in its favor and to order plaintiff to pay court costs and attorney's fees in the amount of $500. Respectfully submitted, OF UL B RD ORR Paul Bradford Orr, Esquke 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. 971786 C, Attorney for Defendant DATE: J OD REV. DAVID B. GIRTON, Plaintiff V. DARWIN J. GIRTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN-TRESSPASS No. 99-7454 Civil CERTIFICATE OF SERVICE I hereby certify that on this date, March 15, 2000, 1 mailed a copy of the Praecipe for Judgment as captioned above to Plaintiff at the following address by U.S. Mail, postage prepaid to: Rev. David R. Girton L15 vO Date: S C I - Greene, AS 1550 1040 E. Roy Furman Highway Waynesburg, PA 15370 By: Paul Bradford rr, Esquire