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Home My WebLink About94-03278 \ ~, i i i / , ~ ~ J I J 001 C' ! ~! CY) i I , ! t,/ . I o <: PlmNSYLVANIA GOHRT Or' COMMONWEALTH PLAINTIFF I NO. DENNIS W. HAnAN , I VS , I nEF't;NDA NT (s) , DONNA M. HAnAN '1'01 CLERK OF THE COURT PLAINTIFP D~~NNIS W. HAGAN, PRO SEt REQUESTS THAT yOU ENTER ,TUDOJ<:MENT BY nr;CREI'; RASED UPON THE ATTACHED AFFIDAVIT AGAINST DEFENDANT DONNA M. HAGAN IN 'rHj<; AROVl': t:NTITLED MATTER. RE:iPECTPULLY SUIlMITTED 'P . 1"/1 BY, .I'. '" nL~) IV ~Y\) DENNIS W. HAOAN STATE CORRECTIONAL INSTUTE AT CAMP HILL PO BOX 200 OAMP HILL. PA 17001-0200 PI' i PENNSYLVANIA COUllT OF' COMMONWr:ALTH DliNNIS W. HAGAN VS DONNA M. HAGAN TO Till>: 1I0NORABLI!: JU1Wl>:S OF 'I' HI<; ABOVE CAPTIONED COURT, AND NOW COMES, DENNIS W. HAGAN, PRO SE (PROPRIA PERSONA) AND IN SUPPORT OF HIS MOTION i<'OH APPOINTMENT at' COUNSEL SETS FORTH THE FOLLOWINn, 1. I AM THli PLAIN'rIFF IN THt; ABOVE CAPTIONED MATTER. 2. THAT I REQUEST THIS COURT TO APPOINT ME COUNSEL TO HELP ME PERFECT AND PROSECUTE THE COMPLAINT HEREIN MENTIONED, DUE TO THE COMPI,EXITY OF TH'~ ISSUES INVOLVED, AND PLAINTIFF'S LACK OF ACCESS TO LAW BOOKS WITH IlESPi<:CT TO THI!: PENNSYLVANIA STATUTES Hi<:RE AT STATE CORHJiCTIONAL INSTUT!:: AT CAMP HILL, THUS IS UNABLE TO PURSUE THIS LI'I'IGATION. ). THE PI,AINTIFF IS A LAYMAN AT LAW, AND WI'rHOUT THE LEGAL EXPERTISE NECESSARY TO PERFECT AND PROSECUTE THIS CLAIM. 4. THE PLAINTIFF Sl>:EKS REDRESS OF HIS rlllU:VANCE WITHOUT ANY VEXATOUS OR DILATORY INTENT, AND RELIEVES HIS ISSUES ARE ,/USTIFIA IlLE. 5. THr: PLAINTIFF AVl>:RS TO THE COURT THAT PLAINTH'F IS WITHOUT MONEY OR MEANS WHICII TO EMPLOY AN ATTORNEY, AND SO AM UNAIlLr: FINANCIALLY TO Ri<:TAIN COUNSEL FOR MYSET,F, p~ ) PENNSYLVANIA COURT OF COMMONWEALTH ,,-1' \ DENNIS W. HAGAN , PLAINTH'F , VS , I DONNA M. HA GA N , DEFI~NDA NT (S) , NO. REQUEST FOR ENTRY OF DEOREE OF DIVORCE 'l'()1 CLl-:RK OF THE COURT OF COMMONWEALTH OF PENNSYLVANIA YOU WILL PLEAS/'; ENTER THE DECREI~ OF 1)1 VORCE TO PLEAlJ 011 OTHERWISE DEFEND, AS APPEARS t'ROM THE ATTACHIm At'I"JI)AVIT OF DENNIS W, HAGAN, PLAINTIFF, RESPECTFULLY SUBMIT'I'EU, II.,. , " 1 i , ..:,f"f"tU.). ~ /\. ~ BY' ~ ',.~, , ) MR. DENNIS W, HAOA N, T,AIN'rlPJ' PRO SE STATE CORRECTIONAL IN!l'rU'rK AT CAMP HILL PO BOX 200 CAMP HILL, I'A 17001-0200 0,12292 PI6 PENNSYLVANIA COURT OF COMMONWEALTH PLAINTIFF DENNIS W, HAGAN VS DEFENDANT(S) DONNA M, HAGAN CJS IHVORCE SUB SECTION 93 WHENEVER IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE IS ALLEGED WHERE EACH OF THE PARTIES CONSENTS TO THE DIVORCE AS THE GROUND, THE COURT SHALL REQUIRE UP TO A MAXIMUM OF THREE COUNSELING SESS IONS WITHIN THI': NINETY DA YS FOLI,OWING THE FILING OF THE COMPLAINT WHERE EITHER OF THE PARTIES REQUEST IT, WHENEVER THE COURT ORDERS A CONTINUATION PERIOD AS PROVIDED UNDER THE PROVISION SETTING FORTH IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE BY THE PARTIES WHO HAVE LIVED IEPARATE AND APART FOR AT LEAST THREE YEARS AS A GROllND FOR DIVORCE, THE COURT SHALL REQUIRE UP TO A MAXIMUM OF THREE COllNSELING SESSIONS WITHIN THE TIME PERIOD WHERE EITHER OF THE PARTIES REQUESTS IT OR MAY REQUIRE SUCH COUNSELING WHERE THE PAHTIES HA Vl\ AT U;AST ONE CHILD UNDER THE AGE OF SIXTEEN YEARS, WHEN THE GROUNDS FOR DIVORCE IS IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE BY THE PARTIES WHO HA VE LIVEn SEPARATE AND APART FOR AT LEAST THREE YEARS AND THE COURT ORDERS COUNSELING, IT MUST BE COMPLETED WITHIN ONE HUNDRlm AND TWENTY DAYS UNLESS THE PARTIES AGREE TO A LONGER PERIOD, pg 7 PENNSYLVANIA COURT OF COMMONWEALTH PLA INTIF~' DENNIS W, HAGAN vs DEF/mDAN'r(s) DONNA M. HAOA N I C,IS DIVORCE I SUBSECTION 9) I I I I WIIERE TH~: COURT flEQUIRES COUNSELING, A REPORT SHALL at: MADE BY TilE QUALIFU:D PROFESSIONAL STATING THAT THE PARTIES DID OR DID NOT ATTEND. IF THE AC1'ION J-'OR DIVORCE HAS BEEN REFERHED TO A MASTER AND THBRE IS A flEQUEST FOR COUNSELING PURSUANT TO THE DIVORCE CODE, THE MASTER, WITHOUT LEAVE OF COURT, MAY REQUIRE COUNSELING AND CONTINUE THE HEARING PENDING THE COUNSELOR'S REPORT. IRRETRIEVABLE BREAKDOWN OF MARRIAGE, IF A COMPLAINT HAS BEEN FILED REQUESTING A DIVORCE ON THE OROUND OF IRRETRIEVABI,E BREAKDOWN AND BOTH PARTIES HAVE FILED AN AFFIDAVIT WHERE THEY r,ONSENT TO THE DIVORCE IN THE FORM PRESCRIBED BY THE RULES OF CIVIL PROCEDURE, OR IF A COMPLAINT HAS BEEN FILED REQUESTING A DIVORCE ON THE [JOOUND OF IRHt:TRIEVABLJ-; BREAKDOWN AND THE PARTIES HAVE LIVED:EPARATE AND APART FOR AT I.EAST THREE YEARS AND THE PLAINTIFF HAS Fn.~:D AN AFFlDAVIT SUBSTANTIAJ,LY IN THE FORM PRESCRIBED BY THE RULES OF CIVIL PROClmURE TH~; AVER~~ENT ot' WHICH THE DEFENDANT HAS ADMITTED OR F'AIL~:D TO DENY THE PROTHONOTARY ON \.'11. A PENNSYLVANIA COURT m' COMMONWEALTH PLA I N1' I1~I~ I CJS OIVORCE DENNIS W, HA GA N I SUBSKCTION 9) I VS , DEFENOANT(S) I DONNA M, HAGAN , PRAECIPE IN THE ,"'ORM PRESCRIBED BY THE RULES SHALL TRANSMIT THE RECORD TO 1'HE COURT I WHICH SHALL REVIEW THE RECORD TO THE COURT, WHICH SHALL REVIEW THE RECORD AND ENTER AN APPROPRIATE DECREE, NO MASTER SHALt BE APPOINTED, THE AFFIDAVIT REQUIRED WHERE A DIVORCE IS SOUGHT ON THE GROUND OF IRRETRJIVABLE BREAKDOWN AND t:ACH OF THE PARTIES CONSENTS TO THE DIVOIlCE MUST HA VE BEEN r;XECUn:D NINETY DA YS OR MORE AFTER THE FILING OF THE COMPLAINT AND WITHIN THIRTY OAYS OF THE DATE THE AFFIDAVIT WAS FILED, IF A HEMlING HAS BEEN HELD PURSUANT '1'0 THE PROVISION THAT THE COURT MA Y GRANT A DIVOIlCE ON THE GROUND THAT THE PARTIES HAVE LIVED SEPARATE AND APART POR A PERIOD OF AT LEAST THREE YEARS AND THAT THE MARRIAGE IS I1IRETRIEVABLEY BROKI.;N, AND THE COURT DETERMINES THAT THERE IS A REASONABtE PROSPECT OF RECONCILIATION THIN, THE COURT SHUL CONTINUt: THE MA'1'1'ER FOR A PERIOD OF NOT LI~SS THAN NINETY DAYS NOR MariE THAN ONE HUNDRED TWENTY DAYS, DURING SUCH PER Ion THE COURT SHALL REQtJ1 RII COUNSELING S PROVIDED IN THE CODE, IF '/'HII PARTU:S HAV~: NOT RECONCILED AT THE t:XPIIlATION OF THE TIMI~ PRIlIOD ANO ONII PAH'I'Y S'rATE~) UNDlm OATH THAT 'I'HE MARllJAOE IS IRRETRIEVNALY !lfWKEN I 'I'HE COUIl1' SHALL DE'rEHMINII WHETHEIl THE MARHIAOE IS IRHETREIVAIlLY B!WKf:N, H' 'I'HE COUIlT DI~TERMINES THAT TIm MARR IAGE IS I1lRETIllJ:EVAHLI! BHOKEN '1'111\ COUllT SHAI,L GRANT THr; DIVORCE, OTH:mWISE THE COtJIl'/' SHALL IJI~NY 'rlfl': !JIVOHCJ\, pg ') PENNSYLVANIA COUR'r OF COMMONW}>;AL'rH PLA INTIFF DENNIS W. HAGAN VS CJS DIVORCE SUBSECTION 93 DEFENDANT(S) DONNA M. HAGAN DISCOVERY EXCEPT AS PROVIDED BY A RULE AUTHORIZING INTERROGATORIES TO CLAIMS FOR ALIMONY OR THE DETERMINATION AND DISTRIBUTION OF PROPERTY RIGHTS, THERE SHALL BE NO DISCOVERY IN ACTION FOR DIVORCE OR A CLAIM WHICH HAS BERN ,JOINED AS PERMITTED UNDER THE DIVORCE CODE UNLESS AUTHORIZED BY SPECIAl, ORDER OF THE COURT. AUTHORIZATION FOR DISCOVERY BY SPECIAL ORD}>;R OF THE COURT IS OBTAINED BY t'ILING WITH THE COURT A PETITION FOR LEAVE TO OBTAIN DISCOVERY. THE GRANTING OF DISCOVERY IS THUS MADE DISCRETIONARY WITH THE COURT, AND TilE COURT MUST BE GUIDED BY THE OBJECTIVE OF OBTAINING A FAIR DISCLOSURE OF THE FACTS ON WHICH IT'S DECISION SHOULD BE UI/rIMATELY BASlm. THE DISCOVERY OBTAINED UNDER LEAVE OF COIJRT UNDER T/iI': RUU:S IS NOT RESTRICTED TO ANY I!l~UE nUT CAN J<;XTENll 'ro ANY ASPECT OF THE PENDING ACTION. IN DECIDING WIlETHER TO ISSUE A SPECIAL ORDER AUTHORIZING DISCOVERY AT THE OUTSET OF A DIVORCE PROCEJ<;DING, THE COURT IS NOT RRQIIIRED TO MAKE AN INITIAl, DETlmMINATION AS TO WHEIHER GROUNDS FOR DIVORCE EXIST. pg 10 DENNIS W. HAGAN I IN THB COURT OF COMMON PLBAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V I CIVIL TBRM I I (I L/_ .5), 7,>) .. ., r. DONNA M. HAGAN I NO. ( u<c( .....,-t+I'-' Defendant I ORDER or COURT AND NOW, this 17th day of JUNE, 1994, the attached papers having been returned to the Common Pleas Court of cumberland County by the Commonwealth Court, the court makes the following order I (11 Plaintiff may proceed with his divorce action in forma pauperie . (2) The request for the appointment of counsel is RlrUIIP. By the Court, - (l \ H rold B. eel Dennis W. Hagan 18ld