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Home My WebLink About01-4919IN TFIE COURT OF COMMON PLEAS OFt ¢ ~m b ~ r 1 ~ n ~ COUNTY, PENNSYLVANIA _F~in IRizarry ,,, ~illian Irizarry VS. , DEFENDANT CIVIL ACTION NO. ORDER thisa~d~.~ day , 20° , upon consideration of the Petition NOW, before this court, pursuant P. 19:20.62, petitioner is granted leave to file the Complaint in Divorce without payment of court costs or fees. The Complaint shall be served as provided in Pa. R. Civ. P. 142; provided, however, that petitioner shall attempt personal service by restricted mail, restricted delivery, re~um receipt requested, before requesting the Sheriffto make service &the Complaint in this action without fee. Petitioner may proceed in Forma Pauperis until further Order of the Court. BytheCourt, IN THE COURT OF COMMON PLEAS OF C u m h a r 1 a n d COUNTY, PENNSYLVANIA Edwin Irizarry ,P~I~ : .. VS. : : ~-rizarr¥ L±ll±an ,DEFENDANT CIVIL ACTION NO. Rule to Show Cause---Permission to Proceed in Forma Pauperis AND NOW, this day of ,20 _ , upon motion of petitioner, the court hereby grants a Rule upon defendant, and any other interested parties, to show cause why plaintiff should not be permitted to proceed in Fo~ma Pauperis and without posting bond in the above captioned divorce proceedings. Petitioner shall be permitted to proceed in Forma Pauperis pending entry of a final order on this petition by the Court; provided, however, that Petitioner shall attempt personal service or service by registered mail, restricted delivery, return receipt requested, before requesting the Sheriff to make service of the Complaint in this action without fee. Rule returnable, the __ day of , 20. , at o'clock, .M., in Courtroom --, , Pennsylvania. By the Court, IN TI~ COURT OF COMMON PLEAS OF_C vm b e r i e n d COUNTY, PENNSYLVANIA Edwin,~rizarry Lillien Irizerr¥ VS. , DEFENDANT CIVIL ACTION PETITION TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner respectfully represents that: 1. Petitioner, Edwin Irizerr¥ , is the plaintiff in the above- captioned action or divorce. 2. Petitioner's social security number is: 583-08-4911 ^ 3. Petitioner's address is: The State Correctional Institution at Camp Hill, P.O. Box 200, Camp Hill, PA 17001-0200. 4. Petitioner's income information is fully and accurately set forth on the attached IN FORMA PAUPERIS STATEMENT. 5. In addition to the petitioner, the following are dependant on such income: {a) Child(ren) of this marriage: .noel Irizarry ZACHARY Irizarry ~ (b) Others:~dam F~,~nd~? ~,,,i~ T~ ~,, ~. (relationship to Petitioner and Respondent}. - ' ~ 6. Respondent, Lillien Irizerry is the defendant in the above- captioned action for divorce. 7. Respondent's social security number is: 095-62-5354 8. Respondent's address is: 139 n pinest Yn~k PA ~Tdnn 9. Respondent's income and source are believed to be: 10. (If unemployed, state when and where respondent was last employed.) 11. A support complaint was filed against respondent on or about the day of ., 20. (al The Domestic Relations number is: ....k/c~, 7~ ! ~ ~ (b} Petitioner receives support from respondent totaling week/month. per (c) Petitioner (has)(has not) assigned support rights to the Department of ' Public Assistance. 12. After talking with an attorney, Petitioner is of the opinion that he has a good and just cause against the above named respondent on the grounds of: 13. Petitioner is unable to pay any of the necessary costs, or giver security for the fees, costs and expenses, necessary to prosecute said action without substantially impairing his ability to provide the necessities of life for himself and his child(ren). 14. WHEREFORE, Petitioner respectfuily requests your Honorable Court to enter an Order Oranting Petitioner leave on file the Complaint in Divorce as an indigent party and to proceed to termination thereof without the necessity of paying an costs therefore. Respectfully submitted, Petitioner 2 IN T//I~ COURT OF COMMON PLI~AS OF Cumberland COUNTY, PENNSYLVANIA .,~dwin Irizarr¥ Lillian Irizarry VS. : , DEFENDANT : CIVIL ACTION NO. IN FORMA PAUERIS STATEMENT I, £ d w i n I r i z a r r y , states under penalties provided by 23 Pa. C.S.A. 6106 relating to unsworn falsification to authorities that: 1. I am the plaintiff in the above action and because of my financial condition I am unable to pay the court costs or fees to file the Complaint of Divorce. 2. My responses to the questions below relating to ability to pay the fees and cost are true and (A) Are you presently employed? (1) ff~e ~ is '~es," ~te ~e anlo~ of your ~on~e ~d ~ess of yo~ ~ploy~. ~i~ bo~ ~oss ~d n~ ~) (2) · ,, ,, e ~er ~s no, ~ate ~e date oflut ~plo~mt ~d ~e ~ount of ~e ~ ~d w~es p~ month w~ch you r~ved. (B) Have you received within the past twelve months any money fi.om and of the following sources? (1) Business, profession or other form of self-employment? YES ~ (2) Rent payments, interest or dividends? YES ~ (3) Pensions, annuities or life insurance payments7 YES ~ (4) Gifts or inheritances? YES ~ (5) Any other sources? YES ~ /fthe answer to any of the above is "yes," describe each source of money and state the amount received fi.om each during the past twelve months. (C) Do.~_~o~wn any cash, or do you have money in checking or savings accounts? YES /~) (Include any funds in prison accounts.) If the answer is "yes," state the total value of the items owned. (D) Do you own or have any interest in any real estate, stocks, bonds, notes, automobiles or other valuable property (excluding ordinary household furnishings and clothing)? YES ~ If the answer is "yes," describe the property and state its approximate value. (E) List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law. yES Iunderstand Executed on 7- [ ~/- ~ [ (Date) (gignatu~ of Applicant 2 CRAIG A. KUHN, Plaintiff JOEY L. MORRISON, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 4919 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Craig A. Kuhn, by and through his attorney, Michael A. Scherer, Esquire, and files the following Reply to New Matter: 11. - 12. Denied. The averments contained in Paragraphs 11 and 12 are conclusions of law and no response is required. 13. Denied. The negligence of the Defendant Morrison as set forth in the Complaint was the proximate cause of the accident. 14. Denied. The accident occurred as a result of the negligence of the Defendant Morrison. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and no response is required. 16. Denied. Plaintiff's injuries are as a result of the negligence of the Defendant Morrison. The remaining averments contained Jin Paragraph 16 are conclusions of law and as such no response is required. 17. Denied. The averments contained in Paragraph 17 are conclusions of law and no response is required. 18. Denied. The Plaintiff was at all times relevant hereto prudent and careful in the operation of his vehicle. The accident was as a result of the negligence of the Defendant Morrison. Respectfully submitted, O'BRIEN, BARIC & SCHERER I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: /~raig A. Kuhn ~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Reply to New Matter upon the persons listed below, by depositing a copy of same in the United States Mail, first class, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, Pennsylvania 17108 Michael A. Scherer I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873