Barren v. Commonwealth

OPINION BY

FITZGERALD, J.:

Pro se Appellant, David Morris Barren, appeals from the order entered in the Allegheny Court of Common Pleas dismissing his action in replevin. The trial court reasoned that his action requested the same relief he sought in a pending criminal matter. Appellant contends that the court erred because the relief requested was not the same, Pa.R.Civ.P. 1079.1 permits him to pursue the instant case, and dismissal would violate the Pennsylvania and United States Constitutions. We hold that when a litigant institutes a civil action against the Commonwealth requesting the same…