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HomeMy WebLinkAbout01-4932IN THE COURT OF COMMON PLEAS OF Fg , P '.T,FF COUNTY, PENNSYLVANIA CIVIL ACTION NOTICE TO DEFEND AND CLAIM RIGHT8 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 case 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 relYef 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 irretrievable breakdown of the marriage, you may request mardage counseling. A list of marriage counselors is available in the Office of the Prothonotray at IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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. Name: Address:_ Phone: IN THE COURT OF COMMON PLEAS OF. .- V. ~ DANT ' COUNTY, PENNSYLVANIA CIVIL ACTION COMPLAINT IN DIVORCE Plaintiff, by and through himself, respectfully represents: 1. Plaintiff is " · ~-~2ga~, who ~s currently incarcerated at the State Correctional Institution at Camp Hill, Post Office Box 200, Camp Hill, Pennsylvania 17001-0200, since ~. 2. Defendant in the City ofc. t~,,~..9 ~-~._,. _. ~- ' ,,u,.r. urre~l?ly res!(3es~a~ ~ I,, e~'t' U.~ , since' 3. Plaintiff and Defendant are suiju#s, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of the Complaint. 4.The parties were married on the I/-// day of.~..~., State of 'V;* ~'R;~;Q~ - 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding is/are: ¢ ',"'~ ct S 7. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the dght to request the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Date: P aintiff. Fc_.a/ Inst, No. ~;/vt ~.Eq~' COUNTY, PENNSYLVANIA ~PLAINTIFF V. . DEFENDANT CIVIL ACTION : .. : .o. 0/- YfJP- PETITION TO PROCEED IN FORMA PAUPERI8 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner respectfully represents that: 1. Petitioner, ~, is the plaintiff in the above-captioned action or divorce. 2. Petitioner's social security number is: 3. Petitioner's address is · The State Correctional Institution at Camp Hill, P.O. Box 200, Camp Hill, PA 17002-0200. 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 dependent on such income: (a) Child(ren) of this marriage: (b) Others: _ ~,'V'~ 7/P (relationship to Petitioner and Respondent). 6. Respondent,~s the defendant in the above-captioned action for divorce. 7. Respondent's social security number is :. /~/'c~ 'n ~ 8. Respondent's address is 35~ f-el~¢r{ .4W. ~-h~'mJ~r~(,¥¢~ 9. Respendent's income and source are believed to be: r,'t-/© ~ c 10. (If unemployed, state when and where respondent was last employed:) 11. A support complaint was filed against respondent on or about the of ,19 (a) The Domestic Relations number is: (b) Petitioner receives support from respondent totaling per week/month. " (c) Petitioner (has) (has not) assigned support rights to the Department of Public Assistance. day 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 give secudty 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 respectfully requests your Honorable Court to enter an Order Granting Petitioner leave to 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 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ~J~,.~.~, PLAINTIFF V. ~- ~~, DEFENDANT ClVlL ACTION : : : NO. IN FORMA PAUPERI8 STATEMENT I, ~, states under penalties provided by 23 Pa. C.S.A. 6106 relating to unswom 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 in Divorce. 2. My responses to the questions below relating to ability to pay the fees and cost are true and correct. (A) Are you presently employed? YES ~ (1) If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. (list both gross and net salary) (2) If the answer is "no," state the date of last employment and the amount of the salary and wages per month which you received. / ~Z/~c - e I (B) Have you received with in the past twelve months any money from 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 payments? YES ~ (4) Gifts or inheritances? (5) Any other sources? ~ NO If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months. (G) Do you own any cash, or do you have money in checking or savings accounts? YES ~ (Include any funds in priori a~unts.) If the answer is "yes," state the total value of the ~ems ownS. (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 clothingJ..~? 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. ~A/'~ y3 ¢ 3. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law. Executed on (Date) SignatUre Of~pplicent FEDERICO YANEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA IRMA MAYLET ESPINOSA YANEZ, DEFENDANT : 01-4932 CIVIL TERM AND NOW, this ~ day of September, 2001, the petition of plaintiff to proceed in forma pauperis, IS DENIED at this time. If plaintiff files a complaint in conformity with the Pennsylvania Rules of Civil Procedure, stating a cause of action under the Divorce Code, we will reconsider whether to allow him to proceed in forma pauperis excusing him from payment of the filing fees. Federico Yanez, EM 2895, Pro se State Correctional Institution at Camp Hill P,O. Box 200 Camp Hill, PA 17001-0200 Edgar B.-~a~, J. :saa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW PENNSYLVANIA ~, Plaintiff : vs. Defendant : File No. ~/-- ~ IN DIVORCE NOTICE TO RESUME PRIOR SURN~4E Notice is hereby' given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~ day of_ F~gL~~ ! · hereby elects to resume the prior surname of ~,~..~l~ and gives this written notice pursuant to the provisions of 54 P.S. S 704. Signature 'g ature o~ name being resumed COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : On the / ~'-- day of ~l_q~ · ~before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that be/she executed the foregoing for the purpose therein contained. seal. Ia Witness Whereof, I have bere~nto set my hand and official