HomeMy WebLinkAbout09-7604r:
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARIA I. NICHOLS, )
Plaintiff )
V. )
MICHAEL H. NICHOLS, )
Defendant )
No. 4 9- `7 L o Y e4Ld 7c_.....
Petition For Waiver Of Costs
1. I am the Plaintiff in the above matter and because of my financial condition, I am unable to
pay the fees and costs of prosecuting or defending this action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation. I represent that the information below relating to my ability to pay the fees and
costs is true and correct:
(A) NAME: MARIA I. NICHOLS
ADDRESS: 319 Rosemont Ave, New Cumberland, Pa 17070
(B) EMPLOYMENT:
If you are presently employed, state:
EMPLOYER: New Cumberland Boro
ADDRESS: 1120 Market St, New Cumberland, PA 17070
SALARY OR WAGES PER MONTH: $ 100
TYPE OF WORK: Crossing Guard
If you are presently unemployed, state:
DATE OF LAST EMPLOYMENT:
SALARY OR WAGES PER MONTH:
TYPE OF WORK:
(C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE (12) MONTHS:
BUSINESS OR SELF-EMPLOYMENT: $ 0
INTEREST OR DIVIDENDS: $ 0
PENSION OR ANNUITIES: $ 0
Petition for Waiver of Costs Page 2 of 4
?• I
(D)
(E)
SOCIAL SECURITY OR S.S.I.: $ 0
SUPPORT: $ 598 (Every other week )
UNEMPLOYMENT COMPENSATION: $ 0
WORKER'S COMPENSATION: $ 0
WELFARE: $ 0
OTHER (Please specify): $ 0
OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT:
SPOUSE'S NAME (if living together):
If your spouse is employed, state:
EMPLOYER:
SALARY OR WAGES PER MONTH:
TYPE OF WORK:
CONTRIBUTIONS FROM CHILDREN:
CONTRIBUTIONS FROM PARENTS:
OTHER CONTRIBUTIONS:
PROPERTY OWNED:
CASH:
CHECKING ACCOUNT:
SAVINGS ACCOUNT:
CERTIFICATES OF DEP
REAL ESTATE / HOME:
(Not applicable)
(None)
(None)
(None)
(None)
(None)
(None)
DSIT, STOCKS, BONDS: (None)
PRESENT VALUE: $ 80,000
AMOUNT STILL OWED: $ 0
MOTOR VEHICLE: (None)
OTHER: (None)
(F) DEBTS AND OBLIGATIONS PER MONTH:
MORTGAGE/RENT: $ 0 WATER/SEWER: $ 40
ELECTRIC: $ 60 TELEPHONE: $ 25
OIL/GAS/HEAT: $ 150 CABLE: $ 0
FOOD: $ 300 CLOTHING: $ 0
CHILD SUPPORT: $ 0 CHILD CARE: $ 0
TRANSPORTATION: $ 0 MEDICAL EXPENSES: $ 20
LOAN PAYMENTS: $ 0 CREDIT CARD PAYMENTS: $ 0
INSURANCE: $ 0 MISCELLANEOUS: $ 0
(G) PERSONS DEPENDENT UPON YOU FOR SUPPORT:
CHILDREN (STATE NAMES AND AGES):
Petition for Waiver of Costs Page 3 of 4
F(L.ED-01f
OF THE P"" `Hr)NOTARY
2009 NOV -4 PH 12: 18
l
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARIA 1. NICHOLS, )
Plaintiff )
V. )
MICHAEL H. NICHOLS, )
Defendant )
No. 61- 1&0 V & d 7-u,
COMPLAINT FOR CUSTODY
1. Plaintiff is MARIA I. NICHOLS, who resides at 319 Rosemont Ave, New
Cumberland, Cumberland County, PA 17070.
2. Defendant is MICHAEL H. NICHOLS, who resides at 11 Th And Bridge St , New
Cumberland, Cumberland County, PA 17070.
3. Plaintiff seeks custody of the following child:
Name Age Was child born
out of wedlock?
Michael A. Nichols, Jr. 12 years No
4. The child is presently in the custody of Plaintiff who resides at 319 Rosemont
Ave, New Cumberland, Cumberland County, PA 17070.
5. During the past five years, the child has resided with the following persons and at
the following addresses:
From To Address With whom
OCT, 2009 (Still living 319 Rosemont Ave Plaintiff, mother; n/a
there) New Cumberland, PA 17070
OCT, 2009
6. The mother of the child is currently residing at 319 Rosemont Ave, New
Cumberland, PA 17070. She is divorced.
Complaint Page 3 of 5
7. The father of the child is currently residing at 11 Th And Bridge St , New
Cumberland, PA 17070. He is divorced.
8. The relationship of Plaintiff to the child is mother. Plaintiff currently resides with
the following persons:
Name Relationship to Plaintiff
Michael A. Nichols, Jr. child
9. The relationship of Defendant to the child is father. Defendant currently resides
with the following persons:
Name
Relationship to Defendant
(None)
10. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
11. Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth or any other state.
12. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
13. The best interest and permanent welfare of the child will be served by granting the
relief requested because My son has always lived in our family home and is very comfortable
with his surroundings at the present time. He has his own room and I want him to be able to keep
his own friends in our area. He is within walking distance of his school in which he has always
gone to since he started. I attend all of his activities at school and his activities outside of school.
I have always been the main caretaker of our child since he was born. Our son would not benefit
from being removed from the surroundings he has been used to since birth. I maintain that I
keep him in activities to keep him well rounded and make sure he has a balanced diet, enough
sleep and keep his yearly check-ups. I am his mother and it is in the best interest of our son
Mikey to let him be with me.
14. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
Complaint Page 4 of 5
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OF TIC""".` :';'ARY
2009 NOV --4 Pl°. 12= 18
? A.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARIA I. NICHOLS,
Plaintiff )
V. )
MICHAEL H. NICHOLS, )
Defendant )
No. v g ,-7L V q ^-
ORDER OF COURT
AND NOW, this *=-day of , 200 ,
it is hereby ORDERED that MARIA I. NICHOLS, the above-named Plaintiff, be GRANTED leave
to proceed in forma pauperis in the above action. At this time, Plaintiff is relieved from paying the
initial filing fees and costs only. Plaintiff shall promptly notify the Court of any material change in
income or financial condition during the pendency
J.
Petition for Waiver of Costs Page 1 of 4
F(LEi
OF THE MT !C:p.OTARY
2009 NOV -9 PH 3: 30
4c--
so
MARIA I. NICHOLS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-7604 CIVIL ACTION LAW
MICHAEL H. NICHOLS IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, November 16, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, December 10, 2009 at 1_30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
OF M nOOM f
2009 NOV 18 PM 1: 58
CUM:?vi BOUNTY
PENNSYLVANIA