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HomeMy WebLinkAbout94-01734 c} ~ E ~1 JI . I i ! ~ . WANDA S. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. . . : CIVIL ACTION - LAW : IN DIVORCE J : l/Ij - /73-, : NO. CIVIL 1994 Tt r IYl BARRY L. METZGER, Defendant C/y,' J NOTICE TO DEFEND AND CLAIM 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 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 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 irretrievable 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 ".;r ~. . WANDA S. METZGER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE '1y. 173Y : NO. CIVIL 1994 BARRY L. METZGER, Defendant COMPLAINT IN DIVORCE. FILED PURSUANT TO 23 Pa.C.S. llll 33011a)(61. 330l(c). 33011d) The plaintiff, Wanda S. Metzger, by her representative, the Family Law Clinic, sets forth the following cause of action. 1. Plaintiff is Wanda S. Metzger, who curently resides at 299 Greason Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Barry L. Metzger, who currently resides at the Cumberland County Prison, 1101 Claremont Road since February 2, 1994. 3. Wanda S. Metzger, Plaintiff, and Barry L. Metzger, Defendant, have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and the defendant were married on March 15, 1986 at Carlisle, Cumberland County, Pennsylvania 17013. 5. Plaintiff and defendant have lived separate and apart since January 3, 1993. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. ..'.... . ,/ ..' . 8. Plaintiff 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 counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date S - ~O ''1~ ~ fiJ~C/I~f\ Patrick . uinn Student Attorney Elett&t~ Thomas M. Place Robert E. Rains Linda E. Fisher Harvey A. Feldman Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. fi4904, relating to unsworn falsification to authorities. " ~f~~/~ anda S. Metzger Date ~c(9Y '1 ~ ,'" 0' . ~ J _.,--- ',. ~ ;i; . '-...J '~ ... .:a ~.. .t.... ....'" uJ n =>~~ (,)%07,: \i:oO.t h..:CO>, O~X>= t~:~j~ Ido...~:r. ..-luJW:Z: r;:X~~ t-", ~(,) ~ <:l It)' "l) ..,. :c "- N III - tD (;B . MAR 3! 199~ , WANDA S. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE ql/. f7.PI C/vd Tu~ : NO. CIVIL 1994 BARRY L. METZGER, Defendant ORDER OF COURT /-11 .J I A J}I" L- AND NOW, this '1 day of ' , 1994, on consideration of the attached Plaintiffs Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, . \,.- (Jc~\ f-:SL J. L ~ .\'.;;.7 -"', '.', .... . '.: ...._ "_.~,___"""_,,-,.Z<',,,",~''':''--;Ii''.?Yill';5~,.',,.;,''''-tl>':'''-4'~''.:'~~~'_"::',~';';:"" ~... tl. ---'- ," 1 t . . , " J 6(- - IE N In >-.. ~fl- .-'" We,:':)=! o:zCl'-z &;:ou., :.. 'Xo'> 0....;2:-' . r..l-c)- ..... :::-J'" l""Il.6.a:~ .Ju..;wz ;.::J:.~~ ~X ...'" 0<':> U) .. .:z IfAR OJ. 1994~ WANDA S. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. BARRY L. METZGER, Defendant : CIVIL ACTION - LAW : IN DIVORCE II : ttl/. /737 : NO. CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Wanda S. Metzger, plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa.R.C.P. 1920.62 proceed in forma pauperis, to the extent that she be relieved of all costs allendant to this action. Date !>..;o "91 ~ ~l~ ~:2r\~ Patrick W. on Student Attorney ~~ HOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pill Street Carlisle, PA 17013 717/243-2968 :>"':.~ . ~ , , I WANDA S. METZGER, Plaintiff : IN THB COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE 11/. /7.1 Y : NO. CIVIL 1994 BARRY L. METZGER, Defendant ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Patrick W. Quinn, of the Family Law Clinic, which is representing the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. PlaintifflPetitioner's Affidavit showing inability to pay the costs of litigation is attached hereto. Date S' ~O.'t~ OMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 .,~ ,.,.,.....,,..',i<".A..,c,, ,<~ -~-''''''''''~'~ WANDA S. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW : IN DIVORCE II : 9'1. /7.17 : NO. CIVIL 1994 v. BARRY L. METZGER, Defendant PLAINTIFF/PETITIONER'S AFFIDAVIT SUPPORTING PETITIO\ltl FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Wanda S. Metzger, residing at 299 Greason Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania, upon her oath deposes and says: I. I am the named plaintiff in the above titled civil cause of action and the defendant is Barry L. Metzger. 2. This affidavit is made to inform the court as to my status of indigency and to request the court to grant me leave to proceed in this matter as an indigent. 3. In making this affidavit, I am aware that perjury is a felony and that the punishment is a fme of not more than $3,000 or imprisonment for not more than seven years or both. 4. I do not have any money on my person, at home, or elsewhere which could be used for the expenses of this proceeding. 5. I do not own real estate, personal property, or any other assets. I am not owed any amounts of money by any person. 6. My husband, Barry L. Metzger, presently resides at the Cumberland County Prison, 1101 Clarmont Road. He is 37 years old. (a) I last lived with my husband, Barry L. Metzger, on January 3, 1993. '"" (b) I do not have information or knowledge as to whether my husband is employed, has any money, owns an automobile, owns real estate, or has any other personal property or assets. (c) I have not brought action for child support payments because I did not have any children with Barry L. Metzger. 7. I have two children: David who was born on August 26, 1979; and Tina, who was born on September 12, 1985, both of whom reside with me at 299 Greason Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania 17013. 8. I am presently unemployed, because the care of my young children requires my presence at home. I last worked at Excel Logistics as a warehouse worker. 9. My social security number is 186-50-7205. 10. I have the following income: Public Assistance: $403/month Food stamps: $119/month 11. My monthly expenses are as follows: Rent: $102.00 Electric: $82.00 Gas: $35.00 Telephone: $40.00 Food: $250.00 Clothing: $55.00 Car Insurance: $52.76 12. My husband and I have not maintained a checking account throughout our marriage. 13. I am the owner of a one automobile. _~'r'__ ., ,.,.~~. '~"" ~-.:~.",..,.,. -"'!I'" ,.,.. . . 14. I understand that I have a continuing obligation to Inform the court of Improvement In my fmanclal circumstances which would permit me to pay the costs Incurred herein. 15. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penallies of 18 Pa.C.S. 04904, relating to unsworn falsification to authorities. WHEREFORE, petitioner prays that this Honorable Court grant petitioner leave to proceed in forma pauperis in the above titled action without fee or cost to the petitioner. Date5!~~7t I .'A~AA/~A~~ WANDA S. METZGER ..,.. .'" 'i' a; . :c a.- ~ - ~l= -t;r. r \LIb=-;; U~04 -aU """~O~ 'C;..-:t:>. . 'J4(", f'.) ~:~ -';I'; ult_t.t;':.t: ~IW'UuJ -- ~a.)Q... ~J-:c. ::0 ...., co CoD ... .~ ^ ;t I .' ..6 -~ WANDA S. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE BARRY L. METZGER, Defendant : NO. 1734 CIVIL 1994 CERTIFICATE OF SERVICE I, Patrick W. Quinn, Student Attorney, Family Law Clinic, hereby certify that I have personally served a true and correct copy of said Divorce Complaint on Barry L. Metzger, residing at the Cumberland County Prison, 1101 Claremont Road, Cumberland County, Pennsylvania, by delivering said Divorce Complaint to Barry L. Metzger at the Cumberland County Prison this 19th day of April, 1994. ~ ~_x,i:J IN ~~ ., Patrick W. Quinn Student Attorney ,"~~,~;..,"",' "",,,,~,,,,,''''''.'O"",,,,',.,,' . "..'",-,-. .:'.... ~ .... ~... ....... ....I..'J/K" Q-> Q,:v..!l' ... '2t"("'J:"' ~o,..:Ir ~I::'-" ~. , ....."--....1 ::":,,~.~~~: I.' ~'.r. ,. ,;;..u:7 ~:~~ ;... .x4t.. .. ~ ci(."' IE c:;p N' " C7'S' - IE .....