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Walthour v. Gibson

August 27, 2010

VICTOR WALTHOUR, SR., ET AL., PLAINTIFFS,
v.
SHEILA GIBSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Slomsky, J.

OPINION AND ORDER

I. INTRODUCTION

On February 18, 2010, Plaintiffs Victor Walthour, Sr., and Rosalyn Walthour (husband and wife) filed a civil Complaint (Doc. No. 1) asserting various claims that they contend arise under the federal crimes code set forth in Title 18 of the United States Code ("U.S.C."). At the time the Complaint was filed, both Plaintiffs were proceeding pro se; however, on March 25, 2010, an attorney entered his appearance on behalf of Mrs. Walthour. The attachments to the Complaint (Doc. No. 1) and the attachments to the Motion to Amend (Doc. No. 2) filed by Plaintiffs reveal that Mrs. Walthour is incapacitated and her affairs are being managed by court-appointed guardians.*fn1

The Complaint appears to allege that Defendants Sheila Gibson, Paul Feldman, Kate Murphy, Linda Hobkirk, Emily Ryan, the Honorable Richard M. Cappelli, the Honorable James P. Bradley, Josh Waterson, and Mike Dagostino conspired to rob and extort financial assets from Mr. Walthour through the administration of a trust created for the benefit of Mrs. Walthour. The Complaint asserts federal question jurisdiction under 18 U.S.C. §§ 241, 242, 371 and 1951. The Complaint seeks the following relief, "Pretty much I just want justice in any fashion acceptable by court." (Doc. No. 1.)

Before the Court is a Motion to Dismiss filed on behalf of several Defendants: the Honorable Richard Cappelli, Judge of Pennsylvania Magisterial District Court 32-2-49; the Honorable James Bradley, Judge of the Court of Common Pleas of Delaware County; and Emily M. Ryan, court-appointed master in the Court of Common Pleas of Delaware County. Plaintiffs filed a response in the form of a Motion (Doc. No. 13) requesting that the Motion to Dismiss be denied (hereinafter "Plaintiffs' Response in Opposition"). Plaintiffs' Response in Opposition states in full: "Now this day 22 April 2010 I Victor Walthour ask that any Request For Dismissal be denied." (See Doc. No. 13.)

For the reasons that follow, the Court will grant Defendants' Motion to Dismiss.

II. BACKGROUND

Based on Plaintiffs' attachments to the Complaint (Doc. No. 1) and their Motion to Amend (Doc. No. 2), it appears that Mrs. Walthour was declared to be an "Incapacitated Person" on July 12, 2004 by a decree of the Court of Common Pleas of Philadelphia County, Orphans Court Division. (Motion to Amend, Doc. No. 2 at p. 10.) Mrs. Walthour sustained disabling injuries during the birth of her son. As a result, she received a multi-million dollar medical malpractice settlement which was placed in a trust account for her care and support. (Id. at p. 10-11.) As of January 5, 2010, the trust's assets were valued at $9,649,643.84. (Id. at p. 11.)

As noted above, the information regarding Mrs. Walthour's incapacitation and the trust created due to her medical condition was largely gleaned from a review of the documents attached to Plaintiffs' Complaint and Motion to Amend. These attachments primarily consist of judicial documents from proceedings in the Delaware County and Philadelphia County Courts of Common Pleas. The actual pleadings filed by Plaintiffs, however, are largely rambling and unclear. Plaintiffs appear to allege that Defendants falsified documents and conspired to rob and extort money from the trust created for Mrs. Walthour. For example, Plaintiffs allege the following:

[Emily Ryan] used her powers as a state employee who's allowed to wear a "psuedo" [sic] black robe in a [sic] effort to clear some minor cases to assist others in a conspiracy plot to rob and extort Mr. Walthour. ....

Master Ryan's assistance with others including Paul Feldman, Linda Hobkirk, Sheila Gibson, Kate Murphy, James P. Bradley, Establishment Team 9, Josh Waterson, Mike Dagostino stole money from Mr. Walthour under the disguise of Child Support at $825.00 per month/ 750 per month and 75 arrears.

Even though Mr. Walthour told Master Ryan that he pays all the bills opposite what she had been told without Mr. Walthours [sic] presence.

Even though Mr. Walthour told Master Ryan he has never worked at Cracker Barrel, she insists on, that in 2001 my income tax statement shows Mr. Walthour was earning ...


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