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Home My WebLink About94-05617 "\ C i .~ -€. v -::! Ii . . -;I 3 o > 3 II ~ 4.- ~ )1 C'! , ..........J ~ , ;]-: (j- . / " , . , SEP 28 199. de. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA GARY CALHOUN. SR. Plalntl tf CIVIL ACTION - LAW V9, PAUL HERBEIN Defendant DOCKET NQ,..94-St" Jt-t ~~ CIVIL COMPLAINT FOR BREACH OF CONTRACT AND MALPRACTICE, FILED ON BEHALF OF: GARY CALHOUN. SR, Plaintiff FILED BY: GARY CALHOUN. SR. Pro Se. S . C. I, Camp H I II P.O. Box 200 Camp Hill. Pa, 17001 I t I 1 ./ . . tN THZ COIJBT JD' cO~~~~Sn~~~I~D' CUMBIlRt.AND COUNTY. G."RY CALHOUN. :~P. c:'.:rL ACTIon - LA'N ?lall'\tdf vs. PAUL HERBEIN Defendane DOCKET NO. CIVIL COMPLAINT FOR BREACH OF CONTRACT AND MALPRACTICE. , , j I , i I , I i , ,i I I I ) I I ! j I , j I . I i i I To: The Honoraole Judge presidIng of tne above said cour-t: Now comes GARY CALHOUN, SR., plaintiff, pro se, who deposes and says ne IS ehe Plaintiff herein and a CItizen of these United States. The Plaintiff respestfullY suomlts thiS Civil complaInt for breach of contract ane malpractIce. I. The Plaintiff currently is incarcerated in tne State Correctional Institution at Camp Hi II, P.O, Box .200. Camp HII i. Cumberland County, Pennsylvania 17001-0200, 2. Paul Herbeln, hereinafter the Defendant. is an attorney at law in BerkS Couney, Pennsylvania. Address: ?D.~3: Box 428, Kutztown, Pennsylvania 19530. 3. The Defendant. has oeen appointed by The Honorable Calvin E. Smith, Juoge, Court of Common Pleas of BerKS Couney. Berks County Courthouse, 633 Court Street, Reaolng, Pennsylvania i9601. to represent the Plaintiff in ?09~ ~cr.v~ction Petiet Met proceeaings. 4. The Defena~nt nas negligently and without due , . ::;3.re vlol:;ted the Coae ot tlrote3::;~cn1; R!i!Spl)n3ibi I ir.'i~ P:l. R. Crlm. P.. Canan DR. --I, ~C. 6-1 3nd EC. 6-2. 5, The Defendane has neg; 1gently Gnd wlehout due care failed to provide the effective assistance of counsel as required by the federal ano state constitutions. 6. The Defendant nas negligently and without due care tal lea to prOVide a vigorous and adequate representation which IS necessary due to the adversarial atmospnere of the crlmlnal proceedings. 7. The Defendant has negl igently and without due care failed to pursue Plaintlff's Post Conviction rights. 8. The Defendant has negligent.ly and without due caCe failed to pcepace an amended Petition for Post Conviction Col lateral Rei ief oy May 31. 199~. as ocdered by Judge Calvin E. Smith. Q. The Defendant has negl [gently and without due care failed to fl Ie any motions, petitions. or appeals In any federal or state court on behalf of the Plaintiff. 10. The Defendant has negligently and without due care tailed to ft Ie nunc pro tunc post vecdict motions on behalf of the Plaintiff. Ii. The Defendant has negligently and without due care fal led to preserve the Plaintiff s Constitutional right In accordance with to due process of the law to receive appeI late review of a state criminal conviction. 12. The Defendant has negligently and without due care fal lea to t 1 ie ,:ir: :;ppe:) 1 from tf".e ~;uagement of sentence to the Pennsylvania Superior Court. 13. Th", Defend.~nt has negl 1gently ,~na withol,t due care tal led to preserve the Plaintiff s constitutional rlgnts in accordance with due process of the law to receive prompt appel late review. L4. The Defendant has negligently and witnout due care caused an excessive delay of appellate review of a state criminal conviction, 15. The Defendant has negl Lgently and without due care fal led to seek Plaintiff release from custOdy and discharge. 16. The Defendant has negligently and wLthout due care fal led to seek a new trial on oehalf of the Plaintiff. i7, The Defendant has negl igently and without due care violated the Pennsylvania Rules of Professional Conduct. Rule 1,16. which states in relevent part: '[Al lawyer shal I not represent a client or, where represent Ion has commenced. shal I withdraw from the representation of a client It... the lawyer is discharged.' 18, The Defendant has negl igentlY and without due care failed to withdraw from representing the Plaintiff after Plaintiff discharged the Defendant, 19. The Defendant has negl [gently and without due care interfered and hampered the Plaintiffs efforts to prepare a pro se appeal to the Pennsylvania Superior Court requesting relief in the criminal matter against the -......--.. . ?Iaintlft. 20. The Defendant has negl (gently and witho~t d~e caee failed to cespond to coeeespandence feom the Plaintiff eequesting copies of transcripts and othee case mateeials peetaining to the criminal matter against the Plaintiff. 21. The Defendant has negligently and without due ,.,' t, , ~ caee beeached his conteact to adequately eepresent the Plaintiff In a celminal peoceedlng, ~. 22. The Defendant's geoss negligence of his peofesslonal eesponsibi lty and his be each of conteact Is malpeactice. 23. The Defendant has demonsteated a level of incompetence that violates the Due Peocess and Equal Peotection Clause of the fedeeal and state constitutions. 24. The Defendent's negligence has cendeeed his assistance as counsel In a celmlnal peoceedlng Ineffective. 25. The Defendant s Ineffective assistance as counsel has violated the Plaintiff's eight undee the United States Constitution and the Constitution ot the Commonwealth of Pennsylvania to effective assistance of counsel, due peocess and equal peotection of the law. 26. The Defendant's negl igence has violated oe caused to be violated the Plaintiff'g eights undee the United States Constitution and the Constitution of the Commonwealth of Pennsylvania to effective assistance of counsel, due peocess and equal peotectian of the law. 27. The Defendant"s (leg1 igence has rendered the ?i..;tlnt:ltr ~..ina.o;e \{J -1":1'3.3~ ~n p::-eperd.tlon of ni'3 (1eten-ae in ~ criminal proc~ed.ng 28. The Defend,;;nt :3 negi 1gence h,;;s res\JI ted In the Plaintiff being force to endure dn unnecessary and prolonged illegal incarceration. 29. The Defendent s negligence has resulted In the Plaintiff suffering a loss of wages. 30. The Defendant's negl igence has resulted In the Plaintiff suffering depression. 31. The Defendant s negl igence has resulted in the Plaintiff suffering stress. 32. The Defendant's neg1 1gence has resulted In the PlaIntiff suffering anguish. 33. The Defendant s negi igence has resulted in the Plaintiff suffering anxiety. 34. The Defend.ant s negl igence has resulted In the Plaintiff suffering sadness. 35. The Defendants negligence has resulted in the Plaintiff suffering irreparaole damage to character, WHEREFORE, the Plaintiff is seeking JUdgement against the Defendant in the ,;;mount of Fifty Thousand ($50.0001 dollars for compensatory and punitive damages in addition to court costs and fees and any other relief that this Court deems appropriate. [m e: ----=.L:.. \ 1_\ _ L\ '--\ Respectful iy submitted, ItA /} ~ /' ~ ~ {U- LaJ....,tr..f.,k..-..,g "-~"C-'''un "r /- t. va... I d.'n I..... . VERIFICATION I, Gary Calhoun. Sr., the plaintiff do hereby verify that the facts set forth In the above Civil Complaint for Breach of Contr~ct and Malpractice are true and correct to the oest of my personal knowledge or Information and oellet. and that any false statements herein are made suoJect to the penalties of Section 4904 of the Crimes Code (18 Pa. C,S. 4904), relating to unsworn falsification to authorities, Respectfully submitted. Gary Calhoun. Sr, Date: r jf..~ SEP 2 8 1990\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GARY CALHOUN. SR. PetItioner CIVIL ACTION - LAW vs, PAUL HERBEIN Respondent DOCKET NO. 94-- S{g/7 ~ .::tM.-J PETITON TO PROCEED IN FORMA PAUPERIS FILED ON BEHALF OF: GARY CALHOUN. SR. Pet I t loner FILED BY: GARY CALHOUN. SR, Pc-o Se. S,C,I, Camp Hill P.O, Box 200 Camp HilI. Pa, 17001 ., r IN T~jE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GARY CALHOUN, SR, Petitioner CIVIL ACTION - LAW vs, PAUL HERBEIN Respondent DOCKET NO. 19?/<( , ORDER rf AND NOW, on this 2tll day of ..s~r 12~--:- upon consideration of the Petitioner's attached Petition to Proceed In Forma Pauperis, as it appears that the Plaintiff Is Indeed a pauper, leave Is hereby granted to the plaintiff to proceed In forma pauperis to the extent that he Is relieved of all costs In this action, BY ~OURT' " ), ~~ If .--'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GARY CALHOUN. SR. PetItioner CIVIL ACTION - LAW vs, PAUL HERBElN Rt'!Iponaent DOCKET NO: PETITION TO PROCEED IN FORMA PAUPERIS To: The Honoraole Judge presiding of the above said Court: Now comes Gary Calhoun. Sr., petitioner. pro se. wno aeposes and says he Is the petitioner herein and a citizen of these United States. This petitioner respectfully suomits this petition to Proceed In Forma PauperiS pursuant to the laws of the Commonwealth of ?ennsYlvania. I. This Petition to Proceed In Forma PauperiS Is made In accordance with the Pennsylvania Rules of the Civil ?rocedure, Rule 240. 2. The Petitioner avers he is a pauper as defined by law. See the attached Forma Pauperis Affidavit in support thereof. wHEREFORE. this Petitioner prays this Honorable Court wii I grant him leave to proceed In forma pauperis and ualv~ the required tiling tees and costs of this cause. ?espectfully suomi~tea. 'el ~ uate: ~~ IN THE COURT OF COMMON PLeAS OF CUMBERLAND COUNTY. PENNSYLVANIA GARY CALHOUN, SR. Plaintiff CIVIL ACTION - LAW vs. " PAUL HERBEIN Defendant DOCKET NO. FORMA PAUPERIS AFFIDAVIT 1. I am the plaintiff in the above matte~. because of my financial condition I am unable to pay the fees and costs of prosecuting or defending the action or ptgceedlng. 2. I am unable to obtain funds from anyone. Including my family and associates. to pay the costs of I I t 1 ga t Ion. 3. I represent that the information below relating to my ability to pay the fees and costs is t~ue and correct: (a) Name: Ga~y Calhoun. Sr. Address: S.C.I. Camp HII I P.C. Box 200 Camp Hill. Pa. 17001 Social Security Numbe~: 164-58-4849 (b) Employment: It you are p~esently employed, state: Employer: S.C.I. Camp HI I I Address: P.O. Box 200 Camp Hill. Pa. i7001 Sa I ary or .....age pe~ man th: $50.00 Type of work: para-legal aide If you are presently unemployed. state: Date of last employment: fVA Salary or .....age per month: ~l/A Type at work: U/A -. (c) Gcher income wlchin ~he past cweive months. Business or profession: none Other selt-employment: none Int.erests: none Dividends: none Pent ions and annuities: none Social Security oenetits: none Support payments: none DlsaOl I ity payments: none Unemployment compensation and supplemental oenefits: none WorKman s compensation: none PuOl ic assiscance: none Other: none (d) Other contrloutions to household support: wit e, name: N/ A If your wIfe is employed. state Employer: none Salary or wage per month: none Type of work: none Contrloutions from children: none Contributions from parents: none Other contriOutlons: none (e) Property: Cash: none Checking accO\..nt: none Savings account: none Certificates of deposit: none Real estate (Including home): none Motor vehicle. make: none year: N/A cost: ~v-A amount owed: N/A StocKS: bonds: none Other: none (f) Debts and oOligatlons: Mortgage: none Ren t : none Loans: none Other: none (g) Persons dependant upon you for support: Wife: ~vA Children. if any: name: N/A age: Other persons: name: N/A relationship: N/A 4. I understand chat I have a continuing obllgat Ion to Inform tne court of improvement in m'l financial clrc~mstances wnich woula permit me to pay the costs Incurred herein, R~spectful Iy SUbmitted, Date: L-{-{q- qL/ < .' ~ ~ .". ;... en >- . . . " ',r.." 'l.' :t C.._ ,- 0 ,~ :',J . ~, .' " -:r .. = .. r't') .. ... .. ~ to - !I . II ...... .... -.... - ":- ;t::" 'l,j '.. .. "" '.. '. ....' ,', -:r .. , " ~ '. " .. .It ... .. ~ ,. .....' ",', (.: " I;i:. I "'.1''- '."'- .- ''''Jt ~d, k. " . I~ THE COURT OF COMMO~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY CALHOUN, SR. Plaintiff CIVIL ACTION - LAW v . CIVIL TERM PAUL HERBEIN Defendant No: 94-5617 ~OTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED ON BEHALF OF: GARY CALHOUN, SR. Plaintiff FILED BY: GARY CALHOUN, SR. P~o Se S.C.I. Camp Hill P.O. Box 200 Camp Hill, PA 17001 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY CALHOUN, SR. Plaintiff CIVIL ACTION - LAW v . CIVIL TERM PAUL HERBEIN Defendant No: 94-5617 CERTIFICATE OF SERVICE I, Ga~y Calhoun, S~., plaintiff, p~o se, he~eby ce~tify that I have se~ved a t~ue and co~~ect copy of the fo~e8oing notice of intention to file p~aecipe for ent~y of default judg- ment to those pe~sons and add~esses indicated below via fl~st class mail: Paul He~bein Atto~ney at Law R.D. '3; Box 428 Kutztown, PA 19530 Date: NDV 1 7 1994 ~ CHRISTINE HEADLEY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CUSTODY/VISITATION ALAN W. HEADLEY , ) Defendant ) NO. 94-5800 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of November 1994, it being reported to the conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. ~;~~ Custody Conciliator J { ,.jn ..10 .~ 1: - ~