RACIOPPI III et al v. UNIVEST BANK AND TRUST CO et al
| RICHARD NICHOLAS RACIOPPI III and GLOBAL PROPERTY DEVELOPMENT LLC |
| UNIVEST BANK AND TRUST CO and KLEHR HARRISON HARVEY BRANZBURG LLP |
| 2:2023cv00443 |
| February 2, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MIA ROBERTS PEREZ |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
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This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
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Filing 6
ORDERED THAT RACIOPPIS MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE FOR LACK OF SUFFICIENT FINANCIAL INFORMATION TO ALLOW THE COURT TO DETERMINE WHETHER HE HAS THE MEANS TO PAY THE FEES TO COMMENCE THIS CASE. IN DETERMINING WHETHER A PLAINTIFF IS ELIGIBLE TO PROCEED IN FORMA PAUPERIS, THE COURT MUST ASSESS THE PLAINTIFFS FINANCIAL STATUS. SEE DEUTSCH V. UNITED STATES, 67 F.3D 1080, 1084 N.5 (3D CIR. 1995). WHEN EXERCISING ITS DISCRETION TO APPROVE OR DENY A MOTION TO PROCEED IFP, A DISTRICT COURT MUST BE RIGOROUS... TO ENSURE THAT THE TREASURY IS NOT UNDULY IMPOSED UPON. IN RE MOCK, 252 F. APPX 522, 523 (3D CIR. 2007) (PER CURIAM) (INTERNAL QUOTATIONS OMITTED). ACCORDINGLY, IT IS APPROPRIATE FOR A DISTRICT COURT TO SEEK ADDITIONAL INFORMATION ABOUT A PLAINTIFFS FINANCIAL STATUS WHEN QUESTIONS ARE RAISED BY HIS IN FORMA PAUPERIS APPLICATION. ASSAAD-FALTAS V. UNIV. OF S.C., 971 F. SUPP. 985, 987 (D.S.C. 1997) ([T]HE COURT MAY INQUIRE INTO [A PLAINTIFFS] ALLEGATIONS AND DEMAND MORE SPECIFIC INFORMATION IF NECESSARY FOR A PROPER ASSESSMENT OF THE MOVANTS FINANCIAL STATUS. (QUOTING MONTI V. MCKEON, 600 F. SUPP. 112, 113 (D. CONN. 1984))). RACIOPPIS FINANCIAL CIRCUMSTANCES ARE UNCLEAR FROM HIS MOTION. (SEE ECF NO. 2.) ALTHOUGH CURRENTLY UNEMPLOYED, RACIOPPI REPORTS WORKING FOR THE PAST 12 MONTHS BUT DOES NOT INDICATE HOW MUCH HE WAS PAID DURING THAT TIME. (ID. AT 2.) HE STATES THAT UNIVEST LOCKED [HIS] PRACTICE DOORS IN AUGUST 2023 (SIC), LEAVING HIM UNABLE TO RETRIEVE PATIENT FILES OR TREAT PATIENTS AT THAT LOCATION. (ID.) THIS APPEARS INCONSISTENT WITH RACIOPPIS ASSERTION THAT HE WORKED FOR THE PAST 12 MONTHS, AND DOES NOT ADDRESS THE AMOUNT OF INCOME RECEIVED BY RACIOPPI DURING THAT 12 MONTH PERIOD. IN ADDITION, RACIOPPI LISTS THREE MINOR DEPENDENTS BUT DOES NOT PROVIDE ANY INFORMATION ABOUT HOW HE IS SUPPORTING HIMSELF AND HIS DEPENDENTS OR SATISFYING ANY FINANCIAL 3 OBLIGATIONS OTHER THAN NOTING ALL MONTHLY PAYMENTS ARE PAID BY MY FAMILY FOR DAILY LIVING. (ID.) HE DOES NOT LIST ANY EXPENSES ASSOCIATED WITH DAILY LIFE SUCH AS RENT OR MORTGAGE PAYMENT, TRANSPORTATION RELATED EXPENSE, CREDIT CARD PAYMENTS, OR COSTS FOR GROCERIES, UTILITIES, OR CLOTHING FOR EXAMPLE. HE ALSO DOES NOT PROVIDE ANY INFORMATION REGARDING HIS ASSETS, IF ANY. 2. THE CLERK OF COURT IS DIRECTED TO SEND RACIOPPI AN APPROPRIATE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE. IF RACIOPPI SEEKS TO PROCEED IN FORMA PAUPERIS, HE SHALL WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, COMPLETE THE FORM IN A MANNER THAT MAKES CLEAR TO THE COURT HOW HE IS SUPPORTING HIMSELF AND HIS DEPENDENTS. ALTERNATIVELY, RACIOPPI MAY PROCEED WITH THIS CASE BY PAYING $402 (COMPRISING THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 3. IF GLOBAL PROPERTY, INTENDS TO PROCEED AS A PLAINTIFF IN THIS CASE, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, GLOBAL PROPERTY, AN ARTIFICIAL ENTITY, MUST HAVE LICENSED COUNSEL ENTER AN APPEARANCE ON ITS BEHALF AND MUST PAY THE $402 IN FEES.1 4. ANY PLAINTIFF WHO DOES NOT FULLY COMPLY WITH THIS ORDER MAY BE DISMISSED WITHOUT FURTHER NOTICE AS A PARTY TO THIS CASE. IF NO PLAINTIFF COMPLIES WITH THIS ORDER, THIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 3/7/23.3/7/23 ENTERED AND COPIES E-MAILED. *MAILED IFP FORM TO PLAINTIFF. (jaa, )
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| Filing 5 NOTICE of Lis Pendens by RICHARD NICHOLAS RACIOPPI III (Attachments: #1 COVER LETTER)(jaa, ) |
| Filing 4 APPLICATION FOR PRISONERS TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by RICHARD NICHOLAS RACIOPPI III. (Attachments: #1 COVER LETTER)(jaa, ) |
| Filing 3 MOTION TO ANSWER IN ADDITION TO COMPLAINT filed by RICHARD NICHOLAS RACIOPPI III. (Attachments: #1 COVER LETTER)(jaa, ) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 1 COMPLAINT against KLEHR HARRISON HARVEY BRANZBURG LLP, UNIVEST BANK AND TRUST CO, filed by RICHARD NICHOLAS RACIOPPI III. *NO IFP OR FILING FEE. (Attachments: #1 Exhibit, #2 COVER LETTER)(jaa, ) |
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