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HomeMy WebLinkAbout02-3384IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, : Plaintiff, : V. : IDELISA VAZQUEZ COLLAZO, : Defendant. : NOTICE TO DI~.FEND 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 Jist of marriage counselors is available in the Office of the Prothonotary at Cumberland Count}, Courthouse, One Courthouse Square~ Carlisle, Pennsylvania 17013-3387. 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 TFI FPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF COUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Ptaintiff, V. IDELISA VAZQUEZ COLLAZO, Defendant. COMPLAINT UNDER SECTION 3301 (c) OR 3301 (el) OF THE DIVORCE CODE 1. Plaintiff is Heriberto Collazo, who currently resides at the State Correctional Institution at Camp Hill, Post Office Box 200, Camp Hill, Pennsylvania 17001-0200. Plaintiff has resided at the aforesaid address since November of 1989. 2. Defendant is Idelisa Vazquez Collazo, who currently resides at 21 Rodney Street, Worcester, Massachusetts 01605. Defendant has resided at the aforesaid address since December of 1989. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 9, 1988, in Lancaster County, Pennsylvania. A true and correct copy of Marriage License No. 19880373 issued to Plaintiff and Defendant is attached hereto and made a part hereof as Exhibit A. 5. There has been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce. -1- I verify that the statements made in this Complaint 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. Respectfully submitted, I/,(Eh~BERTO 'I~OLL~ZO Plaintiff, Pro Se institution Number ED-5893 State Correctional Institution at Camp Hill Post Office Box 200 Camp Hill, Pennsylvania 17001-0200 Dated: July (I , 2002 -2- COUNTY OF LANCASTER ~RRIAGE LICENSE. DUPLiCATE CERTIFICATE NO. 19880373 I, PABLO FIGUEROA hereby certify that on the 9TH day of APRIL ONE THOUSAND NINE HUNDRED and EIGHTY-EIGHT at LANCASTER county HERIBERTO COLLAZO and IDELISA VAZQUEZ were by me united in marriage, in accordance, with license issued by the Clerk of Orphans~ court Division., of Lancaster County, Pennsyivania numbered 19880373 filed APRIL 12TH, 1988. PABLO FIGUEROA ,.REVEP, END Authorized by law to solemnize marriage. I, MICHELE L. SAGER, ASSISTANT CLERK OF ORPHANS''COURT DIVISION In and for said County of Lancaster~ pennsylvania, hereby certify the foregoing to be a true and correct copy of the Dupiicate Certificate as appears in Marriage License ~u~ber 19880373. Witness my hand and seal of the Orphans' Court of Lancaster.~ Pennsylvania, this 27TH day of JUNE, 2002. Exhibit 'A" IN THE COURT OF COMMON I~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, V. IDELISA VAZQUEZ COLLAZO, Defendant. PETITION FOR LEAVE TO PROCJ=~Crt IN FORMA PAUPERIR NOW, comes the Plaintiff, Heriberto Collazo, pro se, and respectfully moves this Honorable Court for leave to proceed in forma pauperis. In support thereof, Plaintiff avers the following: 1. The Plaintiff is currently an inmate incarcerated at the State Correctional Institution at Camp Hill, Pennsylvania. 2. Contemporaneously filed herewith, Plaintiff has filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. 3. Said Complaint was filed without prepayment of fees and costs. 4. Plaintiff is a poor person and does not own any asset other than personal clothing and a few household or personal items and has no real property of any kind. 5. Plaintiff avers that his Complaint was filed in good faith, that he believes his cause to be just and not frivolous. 6. If Plaintiff is denied the right to file and prosecute his cause of action because of his inability to pay the fees and costs thereof, Plaintiff will suffer serious hardship and injustice. 7. Attached hereto as Exhibit "A" is an affidavit detailing Plaintiff's financial condition. WHEREFORE, for all the above stated reasons, Plaintiff's Petition for Leave to Proceed In Forma. Pauperis should be granted. Respectfully submitted, HERIBERTO C{3'LLAZ~ Plaintiff, Pro Se Institution Number ED-5893 State Correctional Institution at Camp Hill Post Office Box 200 Camp Hill, Pennsylvania 17001-0200 Dated: July ti/ ., 2002 -2- VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the ~enalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. HERIBERTO~COLLAZO Plaintiff, Pro Se Dated: July I/ , 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, V. IDELISA VAZQUEZ COLLAZO, Defendant. NO. AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROC~-',=~_ IN FORMA PAI.~;~S 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of filing and litigating my divorce complaint. 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) (b) Name: Heriberto Collazo Address: SCI-Camp Hill, P.O. Box 200, Camp Hill, PA 17001-0200 Employment: Yes If you are presently employed, state Employer: SCI-Camp Hill Address: Same as Plaintiff's Salary or wages per month: Approximately $60.00 a month/55C an hour Type of work: Community Detail If you are presently unemployed, state Date of last employment: Not applicable (N/A) Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or professions: No Other self-employment: No Interest: No Dividends: No Pension and annuities: No Social security benefits: No Disability payments: No Unemployment compensation and supplemental benefits: No Workman's compensation: No Public assistance: No Other: Approximately $200.00 from family and friends (d) Other contributions to household support (Wife)(Husband) Name: None Exhibit *A* jUL I 8 ?_.OOZ ~ IN THE COURT OF cOMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIViSiON NERIBERTO COLLAZO, Plaintiff, Vo IDELISA VAZQUEZ COLLAZO, Defendant. ORDEF~ , of Plaintiff's Petition for Leave to Proceed I~ F~rm~ Pauperi~, IT IS HER~Y OR.RED that said petition be and is G~N~D. Plaintiff will be permitted to proceed with his Complaint Under Section 3~01(c) or 3301(d) of the Divorce Code without prepayment of filing fees ~,~d ~c ~; ~'" (e) Property owned Cash: No Checking account: No Saving account: No Certificate of deposit: No Real estate (including home): No Motor vehicle: No Stocks; bonds: No Other: Less than $60.00 in prison account (f) Debts and obligations Mortgage: No Rent: No Loans: No Other: Court costs, fines and restitution (g) Persons dependent upon you for support (Wife)(Husband)(children) (other persons): None 4. I understand that I have a continuing obligation to inform the court of improvement in 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. Executed on: July 2002 Plaintiff, Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, IDELISA VAZQUEZ COLLAZO, Defendant. NO. 02-3384 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the above-named Plaintiff's NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE, COUNTER-AFFIDAVIT UNDER §3301(c) OF THE DIVORCE CODE, COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE, and PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, which were filed with the Court at the above docket number. Date: Defendant 21 Rodney Street Worcester, Massachusetts 01605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, V. IDELISA VAZQUEZ COLLAZO, Defendant. NO. 02-.3384 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 17, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made suject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: IDELISA VAZQUEZ~'~A~O -~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, : Plaintiff, : : V. : IDELISA VAZQUEZ COLLAZO, : Defendant. : NO. 02-3384 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 17, 2002. 2. The marriage of Plaintiff and Defendant is iirretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: /,~ ~/Z.-(22_ XHERIBERTO COLLAZO ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, IDELISA VAZQUEZ COLLAZO, Defendant. NO. 02--3384 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) AND §3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before, a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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. Date: /~ ',/,~'C' 2 ~~/z.,,t~' ~~~'/~~ IDELISA VA Z O U Er"Z~LA Z O ~ Defendant, Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HERIBERTO COLLAZO, Plaintiff, IDELISA VAZQUEZ COLLAZO, Defendant. NO. 02-3384 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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. Date: J2..-/~-43'Z. ~HE'RIBERTO COLLAZO Plaintiff, Pro Se © ©