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Christopher Allen Sones and Laura Ann Sones v. John andrew Smay

August 11, 2011

CHRISTOPHER ALLEN SONES AND LAURA ANN SONES, PLAINTIFFS
v.
JOHN ANDREW SMAY, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Jones

(Magistrate Judge Blewitt)

REPORT AND RECOMMENDATION

I. Background.

On June 3, 2011, Plaintiffs, Christopher Allen Sones and Laura Ann Sones, pro se, filed this civil rights action, seemingly pursuant to 42 U.S.C. § 1983, alleging fraud, identity, theft, extortion, collection of money under false pretenses, terrorizing witnesses, legal malpractice and legal misrepresentation by a court-appointed Executor of an estate. (Doc. 1). Plaintiffs simultaneously filed a Motion for Leave to Proceed in forma pauperis which they both executed. (Doc. 2). Plaintiffs did not properly state the basis for this Court's jurisdiction in their Complaint. Plaintiffs indicated that their Complaint was filed under "Title 46A SS [section] 781." (Doc. 1, p. 1). Also, Plaintiffs stated that the basis of their Complaint was legal malpractice and legal misrepresentation. (Id., p. 4).

Plaintiffs named the following three Defendants in their Complaint: John Andrew Smay, Esquire, The Commonwealth of Pennsylvania, and The Court of Common Pleas 44th Judicial District Sullivan County Branch. (Doc. 1).

Plaintiffs alleged that "John A. Smay made false accusations of fraud [against them.] The Sullivan County Court of Common Pleas ... and the Commonwealth of PA commit[t]ed the act of identity theft." (Id., p. 1). Plaintiffs further allege as follows in the 6-paragraph attachment to their Complaint:

1. John A. Smay with the allowance of Sullivan County Court Of Common Pleas unlawfuly (sic) given the name Christopher Williamson To Christopher Sones to try to Collect Money From Christopher Sones that Mr. Smay sayes (sic) is agenst (sic) my property Located at 221 Pecks Road Sonestown PA, 17758.

2. I Christopher A. Sones and Laura A. Sones respectfully Challange (sic) the integraty (sic) and and (sic) compatance (sic) of John A. Smay and his ability to conduct himself in a mannor (sic) suitable to conduct his dutys (sic) as executix (sic)/administrator due to his involvement in 4 other cases involveing (sic) family members and the involvement of his personal opinion and feelings to plaintiffs and whitnesses (sic).

3. John A Smay filed a case agenst (sic) The estate of Marvin R. Sones after the the (sic) appropreate (sic) time allowed by Law. Marvin R. Sones Died 5/24/2003 John A. Smay Filed his case 12/2007 after the fact the statute of limitations had come into play. Abuseing (sic) the rights of the deceaced (sic) Marvin R. Sones and Christopher A. and Laura A. Sones.

4. John A. Smay and Robin A. Read have made fale (sic) accusations of fraud agenst (sic) Christopher A. Sones and Laura A. Sones on several occasions on official documents and under oath in court proceadings (sic) witch (sic) has (sic) damaged the reputation and sound piece (sic) of mind that sayed (sic) indeviduals (sic) are entitled to and have the right to enjoy. Also affected and disrupeded (sic) the health of Christopher A. Sones physical and emotionaly (sic) due to the stress and abuse set forth.

5. John A. Smay is attempting to extort and collect money from the sayed (sic) estate for bills that have already been payed (sic) by Jenny M. Williamson.

6. John A. Smay is attempting to collect money for David R. Sones after David Sones had taken it upon his self (sic) after he read the will of his father Marvin Richard Sones that his inharitance (sic) is the sum of $1.00 to sighn (sic) a leagal (sic) binding contract with Grenoble & Wallis funral (sic) home to pay one half of Marvin R. Sones funral (sic) bill on his own free will and gread (sic) and anger that he did not receave (sic) the sayed (sic) property in question. (Id., pp. 3-4).

As relief, Plaintiffs request:

John A. Smay be removed as executrix/administrator of said estate, the above named defendants be held criminaly (sic) liable for their actions and compancate (sic) the plaintiffs for the damages caused by their neglagent (sic) actions. (Id., p. 2).*fn1

A review of Plaintiffs' in forma pauperis Motion revealed that it was deficient, since it did not contain sufficient information for this Court to make a proper determination as to their financial status. Specifically, Plaintiffs stated that they own a property located at 221 Pecks Road, Sonestown, Sullivan County, Pennsylvania, with an "assessed value [of] $29,000" and a 1995 Plymouth Grand Voyager van with a "$1200 value." Plaintiffs failed to state how much equity, if any, they had in their real property and van. Also, Plaintiffs only indicated that they had debts for "mortgages, credit card, student loan, etc." in the amount of $50.00 per month and "15 credit card." (Doc. 2).

In order for the Court to rule on Plaintiffs' in forma pauperis Motion, it was found that Plaintiffs must provide the following information:

1) Documentation as to the amount of equity Plaintiffs have in their property located at 221 Pecks Road, Sonestown, Pennsylvania, and in their 1995 Plymouth Grand Voyager van;*fn2

2) List all accounts Plaintiffs hold, either jointly of individually, and the amounts in each account; and

3) Copies of Plaintiffs' 2009 and 2010 Federal Income Tax Returns, if filed. Accordingly, on June 10, 2011, the Court issued the following Order:

1. Within ten (10) days of the date of this Order, Plaintiffs shall file a supplement to their Motion for Leave to Proceed in forma pauperis as specified above.

2. Plaintiffs' failure to timely file the supplement to their Motion for Leave to Proceed in forma pauperis will result in the issuance of an Order denying their in forma pauperis Motion and directing Plaintiffs to pay the required filing fee. (Doc. 4).

Plaintiffs' failure to timely file the supplement to their Motion for Leave to Proceed in forma pauperis resulted in the issuance of an Order on June 27, 2011, in which the Court denied Plaintiffs' Motion for Leave to Proceed in forma pauperis and directed Plaintiffs to pay the $350.00 filing fee within ten (10) days of the date thereof. (Doc. 5).

On July 6, 2011, Plaintiffs filed an 8-sentence response to the Court's Order with attachments. Plaintiffs stated that they have a bankruptcy petition which is pending, that they do not have any equity in their mini van, that they do not have a mortgage on their property located at 221 Pecks Road, Sonestown, Sullivan County, Pennsylvania, that they cannot obtain a loan or borrow against their property due to their bankruptcy, and that they "did not file any income tax for the year 2011." (Doc. 6).

We then obtained copies of the docket sheets for Plaintiffs' Middle District of Pennsylvania Bankruptcy Petitions. Plaintiffs filed a Chapter 7 Bankruptcy Petition on June 4, 2009, Case # 09-bk-4339, M.D. Pa., and it was dismissed on August 28, 2009. Plaintiffs filed a second Chapter 7 Bankruptcy Petition on September 15, 2009, Case # 09-bk-7120, M.D. Pa., and they received a discharge on April 8, 2010. Therefore, we found that Plaintiffs did not have a pending Bankruptcy Petition in the Middle District of Pennsylvania as they indicated they did in their Doc. 6 response.*fn3

Thus, Plaintiffs indicated that they own their property located at 221 Pecks Road, Sonestown, Sullivan County, Pennsylvania free and clear of any mortgage. Also, as stated,Plaintiffs do not have a pending Bankruptcy Petition in the Middle District of Pennsylvania. Plaintiffs failed to provide the Court with the value of their property located at 221 Pecks Road, Sonestown, Sullivan County, Pennsylvania, as previously directed.

Therefore, on July 15, 2011, the Court issued an Order directing Plaintiffs, within ten

(10) days of the date of the Order, to submit to the Court the following:

1. The full filing fee or documentation as to the value of Plaintiffs' ...


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