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Home My WebLink About98-01537 ~ ::s \!I '-Jl i I ;z! l'l j W ~ I I I , ''', " \ " \ \ \ \ \ I I I / / .I , / / JF / l ~ :-... . .~ tJ t-.... ~ " . .:.:. .:+:. .:+:. .:+;. ':.~. :.:. <+:. <.;. -:+:. <c>;. .:+} .:.;. -:+;, -:+:0 ,~.:' 0:.;' <+> .:+;. .:+:. <+:- ;. <.~. ':+;. ,~.;, <+;, .:+: ":+." '. .',. . -, . , . '."','-.'-..._-, ~ '. .. '. . ~ M ... .- ~\ IN THE COURT OF COMMON PLEAS ~ <, ~ OF CUMBERLAND COUNTY ~I':\,' . ..~ 'Ill" -. . -..:. l' ;',i' ST A TE OF ;~.'\;$il\\'" ~ \ ' .'~ -\~~)~-;, r '- " " ,;, " .', ~ PENNA. w ',' ~ ',' VINETTE CRUZ ... ~ W ,,' PI.AINTIFF N (l, 1537CIVI~, 1998 .', ~. \'I')',-:lI.-; w .,' SAMUAL CRUZ ~ DEFENDANT w ',' " W ~,1 .'. ~ W ,,' DECREE IN DIVORCE , \., P ~ AND NOW, ' " .J<^4' '2-'1, ,,19Lt, decreed that" "'" ", '" VINETTE, CRUZ ~l ~ ,'. ~ ~ ~ ~ , it is ordered and , , , , , , , , " plaintiff, and""" , SAMUAL CRUZ , . , , , , , , , , " defendant, are divorced from the bonds of matrimony, .', ~ w ',' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ',' .'. ~ ... ~ w. ',' NONE """""/"',/'" '"".,..."" . ,;, ~ ~ ,.. .', ~ " " ..,.",.,..".." , ,.,.....",.", , / I) Y~T h C lie).>" l' 1/ \ ' . ~ \, ..' (,t/', AlIltoh:~~ 77' ~4H'''~trl!et:7 '~~..t:<. ... .h:kb<cLbA~ P"othonolal'Y ~ ... ~ ~ ~L.~.,,,,,,,,,_. _ __ :..:. .:,to:..:.:. .:+;. .~> -:+:. <.;. .:+:. .:.;. 0:+:' IPP :$55~ ()O (J~..,."l" <+:. ':.;' ~ ,<+: .:.;. .:+;. <.;. ':+> .:.:- b v.. e.. .~;. .:+:. .:.:. . ';4 I~ r~ ~ ',' .I, .. ... ~ '.~ ~ ~ I,;, " *- ',' ,', ~ ~ ... ~ 'i ~ ',' ~ .', ~ ~ \,~ i,' ~ ',' w ~.~ .', ~ Is i~ ~, ~ ~ ~, ~ ,,' !~ i: ~.' !~ ~ ',' I~ )',' ~ ',' ~ ',' ~ ',' * ',' ~ ~ ',' ~ ',' ~' ',' 7'..19 fy tJe/ (~~;u:l~~ \*"''1 MJ 7',}9".9t' '7"#'l~d ,..M~"<?,, ~J cy . - . VINETTE CRUZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW IN DIVORCE SAMUAL CRUZ, Defendant NO. 98- hJ7 CIVIL TERM HQTICE TO DEFEND AND CLAIK RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the oase may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretr.ievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, CarliSle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. AMIRIC~S WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 .' I, . VINETTE CRUZ Plaintiff v. I I I I I IN THlt COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE SAMUAL CRUZ Defendant NO. ~;i of, /)/'j ('ii" (iT;:,.. COMPLAINT FOR DIVORCB UNDER 23 Pa.C.S. SECTION 3301(0) an4 3301(4) The plaintiff, Vinette Cruz, by her attorneys, the Family Law Clinic, sets forth the following causes of action. 1. Plaintiff is Vinette Cruz, who currently resides at 310 North West street, CarliSle, Cumberland County, Pennsylvania. 2. Defendant is Samual Cruz, who currently resides at 68 West Middle Street, Apt.4, Gettysburg, Adams County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on February 1, 1986. 5. Plaintiff and defendant have lived separate and apart since March, 1987. 6. There have been no prior actions of divorce or for a annulment between the parties. 7. The marriage is irretrievably broken. 8. Plainti.ff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counselling. .. .!~ ' In '" If) ," '\') Q- ~ 1';:, , 1:X:; 0 ~ ~ c~ 1.'-- 'i 1!,1Q. ;'.') ::;'; ~.. ~(' :-r: ',. ) ~'E~ 8 5?-\ ... -r-:',i Q cj r.::> "1',1 ~ ~l) \ ;'/ J t:J.. N iT . ~' I . .lll D~ 1,j',eU ....., ....:.: \~,~) [~ '-\- F ':,1i.:, - (r.l ::J \~J ~ ~,-. ~ 0' U . , ,... Ln ~: ~..'f. c; ? I::c' N (5..,- ~};) ~- :3~;.~': ~~.~ cl: r:):.J ~. c. >~ ~1~ e~:.~' 'c.J r:..- ~';-I (Ll I. I ..:1; V~u.. I':: :c 4';" 15 ~ a Children, if any: Name: Causia Bryce Akeyra Age: 11 8 I Other persons; -- Name: .. Relationship: -- , , 4. I understand that I have a continuing obligation to inform the court of Improvement ill my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904, . relating to unsworn falsification to authorities. I) fl dU Datt; ), Id I original verifioation tendered herewith be attaohed to the divoroe oomplaint dooketed at 98-1537. Respeotfully, \ I~ Ilh...J ,,,'In ~~~~if~e~P~~~;l Intern Th~~~ p~-V Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Donald Marritz STAFF AT'I'ORNEY FAMILY LAW CLINIC 45 North pitt street carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Dated -'j 2 c / ') ,\' . II ,'j i I' r; , J. .;~.; ''1>, '- t"'-. i*:': rr ...:l .j" ->, I,,' ('r; :> IU ~.., I ( ) ~r~ ..... r 1"- ( .' i;;:; , ...., '{:'rl. ( Ie Cl , ! 1., \ i (.J ~; ("-,; Uj'- If! t, ' (': fp .'4' :'j: ~'." '!.i{... I .- ~ c, -. I.L O'J , () en () \;" ;, ... .... VINETTE CRUZ plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE v. SAMUAL CRUZ Defendant NO. 98-1537 PRABOIPB TO RIINSTATZ OOMPLAINT To the Prothonotary: Pursuant to Pa.R.C.P 401(b) (1), the plaintiff, by her attorneys the Family Law Clinic, kindly requests that the plaintiff's divorce complaint be reinstated and avers the following in support thereof: 1. On March 20, 1998, pursuant to 23 Pa.C.S. Sect.ions 3301(c) and 3301(d), petitioner filed her divorce complaint against her husband, Samual Cruz, a copy of which is attached. 2. On March 20, 1998, petitioner filed her affidavit supporting the praecipe filed by the Family Law Clinic for her to proceed in forma pauperis. 3. On March 26, 1998, petitioner filed a praecipe to attach verification to divorce complaint. 4. On March 27, 1998, petitioner's divorce complaint was mailed to Samual Cruz at 68 West Middle street, Apt. 14, Gettysburg, PA 17325, by both regular mail and by certified, restd,cted U.S. mail, return receipt requested, postage prepaid. 5. The u.s. Post Office attempted to deliver the certified, , -P.i~L~~;, FILW"QF;IICE O~ 'I','" ';::'1111('(I,:)'r,I'I'" I ,I "- .. . ".,1 H I,'\j I ~8M'R (9 /il1/1:?6 ('l)~ /" "" ..., ' 'J' J'/' I 1,1 n;,:n~;./.,';(J \.;,,.J, j' '( PE,~I,'I."'I\ll"II" f ~u 1 ~ , II "- ; , ~ VINETTE CRUZ : Plaintiff/Petitioner: v. IN 'I'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE SAMUAL CRUZ Defendant NO. 98-1537 MOTION TO CONDUCT SIRVICI BY SHERIFF IN FORMA PAUPIRIS i Plaintiff/Petitioner, Vinette Cruz, by and through her attorneys, the Family Law Clinic, respectfully requests that Petitioner be allowed to perfect service of her divorce complaint by a sheriff at no additional cost to her, and avers the fOllowing in support thereof: 1. On March 20, 1998, pursuant to 23 Pa.C.S. Sections 3301(C) and 3301(d), petitioner filed her divorce complaint against her husband, Samual Cruz. 2. On March 20, 1998, petitioner filed her affidavit supporting the praecipe filed by the Family Law Clinic for her to proceed in forma pauperis, a copy of which is attached. 3. On March 26, 1998, petitioner filed a praecipe to attach verification to divorce complaint. 4. On March 27, 1998, petitioner's divorce complaint was mailed to Samual Cruz at 68 West Middle Street, Apt. #4, Gettysburg, PA 17325, by both regular mail and by certified, restricted U.s. mail, return receipt requested, postage prepaid. 5. The U.S. Post Office attempted to deliver the certified, restricted mail on March 28, 1998, and on April 2, 1998, but was ... unsuccessful each time. 6. The certified, restricted mail was returned to the Family Law Clinic as "unclaimed." 7. The regular mail has not been returned to the Family Law clinic. 8. Pursuant to Pa. R. C. P. 1930.4 (c), "if the mail is returned with notation by the postal authorities that it was unclaimed, service shall be made by another means pursuant to these rules." 9. consequently, pursuant to Pa.R.C.P. 1930.4 (a) and 400(d), if necessary, petitioner will attempt to perfect original service of process by having the sheriff hand..deliver the divorce oomplaint to the defendant who resides in Adams County. 10. Petitioner is without funds to effect personal service and is presently proceeding in this divorce in forma pauperis. The Sheriff's office has indicated that service of process without payment is available if the Court orders such service to occur. WHEREFORE, if the oourt deems additional servioe necessary pursuant to Pa.R.C.P 1930.4(c), petitioner respectfully requests the court order service be perfected by sheriffs of appropriate jurisdictions without payment or any additional cost to petitioner. Respectfully, Date: r/2,fi_7J (') (, ("Z~~"~~~~~(l//' 0'- ' ~ VINE'ITE CRUZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SAMUAL CRUZ, Defendant : NO. 98- CIVIL TERM AFFlDA VIT SUPPORTING PRAECIPE F~~ LEA V~ TO PROCEED IN FORMA Pt\uPE ~ I. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of Prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3, I represent that the information below relating to my ability to pay the fees and costs is true and correct, (a) Name: Vinetle Cruz Address: 310 North West Street, Carlisle, PA Social Security No.: 210-44.7187 (b) Employment If you are presently employed, slate Employer: Blue Shield Address: 800 Center Street, Camp Hill, PA Salary or wages per month: $1,253 Type of work: Claims Examiner If you are presently unemployed, slate Date of last employment: __ Salary or wages per month: _. Type of work: -. ("'. '-,~) ,.'1 ~',' ,'" "'-"'I 'I .. , ~ . '.' " I ),~ '. , ., , .. .. \ , , :, , , - J '. " \ -, (c) Other income within the past twelve months Business or profession: .._ Other self-employment: __ Interest: -. Dividends: -- Pension and annuitJes: .._ Social security benefits: __ Support payments: Supposed to be gelling $35 a week Disability payments: ... Unemployment compensation and supplemental benefits: __ Workman's compensation: __ Public Assistance: .. Other: " .. (d) Other contributions to household sUpport (Wlfe)(Husband) ~iame: __ If your (wlfe)(husband) is employed, state Employer: -- Salary or wages per month: __ Type of work: _. ContributJons from children: __ Contributions from parents: .. Other contributions: .. (e) Property owned Cash: -. Checking account: $150.00 Savings account: $50.00 Certificates of deposit: __ Real estate (including home): .. Motor vehicle: Make, Year. 1994 Dodge Shadow Amount Owed. $7.800.00 Monthly Payment. $286.91 Stocks; bonds: -. Other: .. (f) Debts and obligations Mortgage: .. Rent: $365.00 Loans: " Other: gas. $45 - 75 electric- $40 phone- $60 TV. $42 transportation- $50 food- $250 (g) Persons dependent upon you for support (Wlfe)(Husband) Name: .. 0 ~ " . t". LLl if It.. ;.c > fiO l..L..:::l 0,_0 - 0::c..J I.J.J - ILl (I) ('.) :I: X LU ..Q V)oC( 0 a:::: ~ oC( :IE: " {1\ PR 2.8 19<:\( VINETTE CRUZ : Plaintiff/Petitioner: : v. : : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE SAMUAL CRUZ Defendant NO. 98-1537 AND NOW, this ,j q OOURT ORDER clay of _ 0,;, 0 . plaintiff has shown good cause, that , 1998, it is hereby ordered that since the sher.iff' s office of Cumberland County and/or Adams County shall attempt personal service of plaintiff's divorce complaint upon defendant at no cost to plaintiff. By the Court I IS I B~...< .'6, ?.s.~R~ -Jt.J. Ti'WF (':f~py FROM RFCnRD In T."uw",." "~I III 'I' l d . f . - t" , ", C (\ Ui)j") S,jf my film aild d/,I 51,,1/ or :';,;:c/ Court lit Car/i.'de, Pa, This 'l..::ti d' f~' ',0<,1..... clY 0., .. .. .., 199J: .....""'~~.."a.,:,....~,.;,.."' '" 'tf7"T'..'I'l';"............. .~' Prothonotary ,"" I' VINETTE CRUZ : Plaintiff/Petitioner: . . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE SAMUAL CRUZ Defendant NO. 98-1537 KOTION TO CONDUCT SERVICE BY SHERIFP IN PORMA PAUPERIS Plaintiff/Petitioner, Vinette Cruz, by and through her attorneys, the Family Law Clinic, respectfully requests that Petitioner be allowed to perfect service of her divorce complaint by a sheriff at no additional cost to her, and avers the following in support thereof: 1. On March 20, 1998, pursuant to 23 Pa.c.s. Sections 3301(c) and 3301(d), petitioner filed her divorce complaint against her husband, Samual Cruz. 2. On March 20, 1998, petitioner filed her affidavit supporting the praecipe filed by the Family Law Clinic for her to proceed in forma pauperis, a copy of which is attached. 3. On March 26, 1998, petitioner filed a praecipe to ilttach verification to divorce complaint. 4. On March 27, 1998, petitioner's divorce complaint was mailed to Samual Cruz at 68 West Middle street, Apt. #4, Gettysburg, PA 17325, by both regular mai.l and by certified, restricted u.s. mail, return receipt requested, postage prepaid. 5. The U.S. Post Office attempted to deliver the certified, restricted mail on March 28, 1998, and on April 2, 1998, but was """.~ unsuccessful each time. 6. The certified, restricted mail was returned to the Family Law Clinic as "unclaimed." 7. The regular mail has not been returned to the Family Law Clinic. 8. Pursuant to Pa.R.C.p. 1930.4(c), "if the mail is returned with notation by the postal authorities that it was unclaimed, servJ.ce shall be made by another means pursuant to these rules." 9. Consoquently, pursuant tOPa.R.c.p. 1930.4(a) and 400(d), if necessary, petitioner will attempt to perfect original service of process by having the sheriff hand-deliver the divorce complaint to the defendant who resides in Adams County. 10. Petitioner is without funds to effect personal service and is presently proceeding in this divorce in forma pauperis. The Sheriff's office has indicated that service of process without payment is available if the Court orders such service to occur. WHEREJo'ORE, if the court deems additional service necessary pursuant to Pa.R.c.p 1930.4(c), petitioner respectfully requests the court order service be perfected by sheriffs of appropriate jurisdictions without payment or any additional cost to petitioner. Respectfully, /'~, Date: 'I/./,lj :/J L L-.., ,c.. \.._,.,. l r S)4ZlI,!PB Sporr I_,)",c.. I , " .4 -wt" Tomas M. Pace Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VlNE1TE CRUZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW SAMUAL CRUZ, Defendant : NO. 98. CIVIL TERM AFFlDA VIT SUPPORTING PRAECIPF~ FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or dllfending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Vinette Cruz Address: 310 North West Street, Carlisle, PA Social Security No.: 210.44.7187 (b) Employment If you are presently employed, state Employer: Blue Shield Address: 800 Center Street, Camp Hill, PA Salary or wages per month: $1,253 :4" Type of work: Claims Examiner ~~,' If you are presently unemployed, state .. Date of last employment: .. ',;, Salary or wages per month: .. ., Type of work: .. ., " " (c) Other income within the past twelve months .~ Business or profession: .. '4': Other self.employment: _. Interest: .. ..,"": r<.' .. n i' (, t J I C , '- .1 , [,n t c,r- i ,. (\ t~~l L-I- pod ( ; .'-__1 ti-: .", , , I , r(' () c.'\. .r !\' , ! i~' ~ , J I I I ri . , ~ p , . .