No. 3316 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County at No. 78-18531.
Allen L. Feingold, Philadelphia, for appellant.
George H. Knoell, III, Norristown, for appellee.
Wickersham, Wieand and Lipez, JJ.
[ 335 Pa. Super. Page 484]
Jan Koziatek appeals from the order of the Court of Common Pleas of Montgomery County denying his petition to proceed in forma pauperis.*fn1
In this case, which arose out of an automobile accident, the jury returned a verdict finding that defendant-appellee was sixty-five percent (65%) negligent and plaintiff-appellant was thirty-five percent (35%) negligent, assessing damages sustained by plaintiff-appellant at $10,500.00. The lower court assessed delay damages, molded the verdict, and directed that a verdict be entered in favor of plaintiff and against defendant in the amount of $7,232.66.
Thereafter, the following occurred:
1. plaintiff filed post verdict motions;
2. plaintiff filed a petition to proceed in forma pauperis;
3. on September 12, 1980, Mr. Bonner [counsel for defendant] advised Judge Cirillo that he had never been served a copy of the petition to proceed in forma pauperis, and requested that same be stricken;
4. on September 15, 1980, Judge Cirillo wrote to Mr. Bonner (counsel for defendant) and Mr. Feingold (counsel for plaintiff), advising that he was setting a conference for Tuesday, September 30, 1980, in his ...