[27 Pa.B. 5762]

[Continued from previous Web Page]

''Form C''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
	:
vs.	:	NO.
	:	CUSTODY
	:

PRE-TRIAL CONCILIATION INFORMATION
(To be submitted at conciliation conference)

GENERAL INFORMATION:

1.  Names, addresses, ages and employment of parents:

FATHER	MOTHER
___________________________	___________________________
___________________________	___________________________
___________________________	___________________________
___________________________	___________________________

2.  Names and ages of all children involved; state with whom living:

___________________________	___________________________
___________________________	___________________________
___________________________	___________________________
___________________________	___________________________
___________________________	___________________________

3.  Names and addresses of other parties involved (if any--children's services, grandparents, foster parents, etc.)
 
__________
 
__________
 
__________

4.  Status of current custody orders or custody arrangements:
 
__________
 
__________
 
__________

5.  Addresses of children for past 5 years; state who had custody at each location:
 
__________
 
__________
 
__________
 
__________
___________________________ Position of Party Submitting Memorandum:

1.  State what living arrangements you consider to be in child(ren)'s best interests (i.e. where children should spend weekdays, weekends, holidays, vacation, attend school, matters of that sort):  
__________
 
__________
 
__________
 
__________
 
__________
 
__________
 
__________

2.  State kind of environment you can provide under above arrangement (home, school, other children in neighborhood, your availability at various times):
 
__________
 
__________
 
__________
 
__________

3.  Other factors you consider relevant to resolution of dispute:
 
__________
 
__________
 
__________
 
__________

4.  Efforts at mediation, conciliation, counseling:
 
__________
 
__________
 
__________
 
__________

TRIAL INFORMATION:

1.  List of witnesses you would intend to call:

Fact Witnesses: __________
 
__________
 
__________

Experts: (attach copies of any reports currently available to the memorandum):
 
__________
 
__________
 
__________

2.  Issues for resolution: (e.g., suitability of physical environment, suitability of parent, unusual opportunities for enrichment, particular skills of availability of one parent as opposed to another):
 
__________
 
__________
 
__________
 
__________
 
__________

3.  Remarks: __________
 
__________
 
__________
 
__________
 
__________
 
__________

__________
Counsel for __________

COPIES TO BE SENT TO:      Court
Opposing Counsel

Rule L1915.5.  Discovery Motion Practice.

   (1)  Discovery shall be limited to the following Motion practice unless authorized by special order of Court:

   (A)  Motions authorized by the Uniform Child Custody Jurisdiction Act, 42 Pa.C.S. §  5341 et. seq.

   (B)  Motion for physical or mental examinations.

   (C)  Motion for a home study.

   (2)  All discovery motions shall be in writing and filed with the court no later than five (5) days after the pre-hearing conference. All motions shall be supported or opposed according to the practice followed on motion for summary judgment under Pa.R.C.P. 1035(d).

Rule L1915.12.  Civil Contempt for Disobedience of Custody Order.

   A petition for civil contempt shall be assigned only to the judge who signed the Order which is allegedly violated, who shall take testimony, make a decision and specify the conditions which must be fulfilled to purge the contempt. The petition for civil contempt shall comply substantially with the prescribed format pursuant to Pa. R.C.P.1915.12

Rule L1915.20.  Exceptions to Hearing Officer's Report--De Novo Hearings--Final Order.

   (1)  Within ten (10) days after notice of the filing of the hearing officer's report has been mailed, exceptions may be filed by any party to the report or any part thereof, to rulings on objections to evidence, to statement or findings of fact, to conclusions of law, or to any other matters occurring during the hearings. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to the entry of the final order, leave is granted to file exceptions raising those matters.

   (2)  If no exceptions are filed to the hearing officer's report within the ten (10) day period, the Prothonotary shall transmit the entire record to the Court.

   (3)  If exceptions are filed the Court shall hear arguments and enter an appropriate final order. No exceptions may be filed to the final order.

   (4)  Exceptions shall be served upon the hearing officer and all opposing counsel.

   (5)  All costs associated with the exceptions including transcription costs, shall be borne by the party or parties taking the same, unless otherwise ordered by Court.

   (6)  De Novo hearings shall not be allowed, except upon Petition alleging special or unusual circumstances and Order of Court.

   (7)  No exceptions shall be argued before the Court unless written briefs have been filed. The moving party shall file three (3) copies of a brief with the Prothonotary's Office no later than twenty (20) days after the filing of the Notes of Testimony, and forthwith serve one (1) copy of the brief upon each adverse party or counsel of record.

   (8)  Each adverse party or his counsel of record shall file in the appropriate filing office three (3) copies of a brief in answer, not later than twenty one (21) days before the date of argument and forthwith serve a copy thereof upon all opposing parties or their counsel of record.

   (9)  All briefs shall be prepared in conformity with Rule L210.

Rule L1920.22.  Discovery.

Motion

   (1)  A party seeking a special order of court for discovery pursuant to Pa.R.C.P. 1920.22(a) shall request the same by written motion in accord with Local Rule 206.5.

Compliance

   (2)  All requests for discovery shall be complied with within the time period established by the order therefor or if no order is required or no period is established by the order then within 30 days from the date of service thereof.

Motion for Compliance

   (3)  If a party fails to comply with requested discovery within the time period provided by Rule L1920.22(2) the requesting party may, upon expiration of said time period file a motion for compliance and serve a copy thereof on the attorney for the noncomplying party or if no attorney is of record, then, on the noncomplying party. Upon service thereof, the noncomplying party shall:

Mandatory compliance

   (A)  Comply with the requested discovery within 15 days, unless additional time is granted by the Court.

Sanctions

   (4)  If a motion for compliance is filed and served in accordance with Local Rule 1920.22(3) and the opposing party fails to comply with Local Rule 1920.22(3)(A), the court shall impose the following sanctions as additional sanctions to those which the Court deems appropriate.

Counsel fees

   (A)  Require the noncomplying party to pay reasonable counsel fees of the requesting party.

Monetary sanctions

   (B)  Require the noncomplying party to pay to the requesting party a sum to be set by the Court for each day of noncompliance.

Rule L2102.  Zoning Appeals.

   (1)  Appeals from the decision of a zoning hearing board shall be captioned

         (Name)                                       
Appellant
vs.
         (Name)   Borough/Township Zoning Hearing Board
Appellee

   (2)  Within ten days after the allowance by this court of a writ of certiorari, on petition to review a decision of a zoning board, the petitioner shall give notice in writing of the court and number of such appeal, to all persons who shall have entered an appearance in writing in the proceedings before the zoning hearing board, stating the name and address of the person or attorney to which it is wished the notice be sent. The appellant shall serve a copy of the petition and order of allowance of the writ upon the solicitor for the zoning hearing board, or, if none, to the solicitor for the municipality for which the zoning board was appointed to serve as such.

   (3)  Whenever a zoning hearing board or the governing body of a municipality is required under the Pennsylvania Municipalities Planning Code to certify its record to the court in response to a writ of certiorari in a zoning appeal case, said record shall contain a copy of the entire zoning ordinance, building code or other ordinance, with the relevant portions indicated therein, and a copy of the zoning map of the municipality. After the zoning hearing board or the governing body of the municipality has made its return, the appeal shall be at issue. Appellant's brief is due 30 days after the record is received and appellee's brief is due 30 days thereafter. The case shall be scheduled by the Court Calendar Officer on the next available Argument List.

   (4)  In the event a party desires to present additional evidence, a motion indicating the reasons therefore shall be presented to the Court within twenty (20) days after filing of the appeal.

   (5)  Appeals from decisions of a zoning hearing board or a governing body of a municipality shall be heard by the court upon the record. No questions shall be heard or considered by the court which were not raised at the hearing before the zoning hearing board or the governing body of the municipality, except:

   (A)  Questions involving the validity of a statute or the procedure before the zoning hearing board or the governing body of the municipality;

   (B)  Questions involving the jurisdiction of the zoning hearing board or the governing body of the municipality over the subject matter;

   (C)  Questions involving the timeliness of the decision rendered by the zoning hearing board or the governing body of the municipality;

   (D)  Questions which the court is satisfied that the appellant could not, by the exercise of due diligence, have raised before the zoning hearing board or the governing body of the municipality at the time of the hearing. If, upon argument, the court is satisfied that any such additional questions should be raised, further testimony shall be obtained as provided in section 4 hereof.

Rule L2206.  Petitions for Approval of Settlement in Wrongful Death and Survival Actions.

   (1)  Court approval of settlements in wrongful death cases shall be required only where a minor or incapacitated person has an interest.

   (2)  Petitions for Approval of Settlement shall, and copies thereof, be sent and served on all heirs of the estate wrongful death beneficiaries and any others having a possible interest, pursuant to Carbon Rule L206.1 and be filed with the Prothonotary. When a wrongful death settlement has been approved by a settlement conference or Trial Judge, that Judge shall retain jurisdiction for adjudication of the petition in accord with paragraph (3) below. In all other cases, such petition will be determined by the Assigned Judge.

   (3)  The petition shall:

   (A)  Set forth the factual circumstances of the case;

   (B)  State the reasons why the settlement is a reasonable one;

   (C)  Be accompanied by the following:

   (1)  A proposed order approving the settlement and allocation between wrongful death and survival; the proposed order shall comply substantially with the prescribed format in Form A.

   (2)  A statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion;

   (3)  A statement setting forth the proposed allocation between wrongful death and survival actions and the amount proposed to be allocated to each beneficiary;

   (4)  A statement clearly identifying those parties believed to be beneficiaries under each of the actions, attaching a copy of the will of the decedent, if any;

   (5)  A statement setting forth the following:

   (a)  The time between the injury and death;

   (b)  Whether or not the decedent was conscious, and the circumstances prior to his or her death;

   (c)  The amount of the medical and funeral bills;

   (d)  The amount of the decedent's wage loss; and

   (e)  The age, employment and any other circumstances of any potential beneficiaries under the Wrongful Death Act.

   (6)  A certification of service of notice and a copy of the petition to all parties with a possible interest, together with a list of those persons notified.

   (7)  A letter from the Department of Revenue stating either their approval or objection to the proposed settlement.

Form ''A''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

,	:
Plaintiff	:
	:
vs.	:	NO.
	:
,	:
Defendant	:

ORDER

   AND NOW, this                  day of                                    , 19      , upon consideration of the Petition to Compromise Wrongful Death and Survival Action filed on                                              , 19      , it is hereby ORDERED that Petitioner is authorized to enter into a settlement with Defendant(s)                        in the gross sum of ______ ($            ).

   It is further ORDERED and DECREED that the settlement proceeds be distributed as follows:

1.	To: ______ ,Esq.	$ _________________
	For Costs
2.	To: ______ ,Esq.	$ _________________
	Counsel Fees
3.	The balance of the settlement, the sum of	$ _________________
	is apportioned as follows:
	Wrongful Death Claim	$ _________________
	Survival Claim	$ _________________
	a.  The Wrongful Death Claim shall be paid as follows:
	i.  To: Spouse; and/or	$ _________________
	ii.  Adult Child(ren)	$ _________________
	iii.  To: Minor Child(ren)1 as provided hereunder	$ _________________

OPTION 1

   Counsel is hereby authorized to execute all documentation necessary to purchase saving certificate(s), from federally insured banks or savings institutions having an office in Carbon County, in the sum of $ ______ , each not to exceed the insured amount, with the funds payable to the minor upon majority. The certificate shall be titled in the name of the minor and shall be restricted as follows:

   ______ , a minor, not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the minor attains majority, except upon prior Order of Court.

   Counsel shall open a savings account in the sum of $ ______ in the name of the minor. The savings account shall be restricted as follows:

   ______, a minor, not to be withdrawn, before the minor attains majority, except for the payment of city, state, and federal income taxes on the interest earned by the savings certificate and savings account, or upon prior Order of Court.

______
¹ In the event the beneficiary is an incapacitate person, appropriate changes are to be made. Counsel shall set forth in the Order a separate provision for each minor or incapacitated person.

OPTION 2

   To: ______ , Guardian   $ _________________

of the Estate of ______ , a minor; provided, however, that no payment shall be made to the guardian until the guardian has posted additional security as may be required by the Orphans' Court Division of Carbon County pursuant to 20 Pa.C.S. §  5121, et seq. An appropriate Petition shall be filed with the Orphans' Court within thirty (30) days.

OR

   [To: Guardian of the Estate of
$ _________________

   ______ , a minor, upon appointment by the Orphans' Court Division of Carbon County and upon the posting of any security as required by the said Orphans' Court pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate Petition shall be filed with the Orphans' Court within thirty (30) days. Counsel shall not make any Distribution to said Guardian upon appointment until this provision is fully complied with.]; and/or

   iv.  To: Parent(s)
$ _________________

   b.  The Survival Claim, in the sum of
$ _________________

shall be paid to ______ , Administrator/Executor of the Estate of _________________ , Deceased; provided, however, that counsel shall not distribute any funds to the said Administrator/Executor until additional security as may be required by the Register of Wills of Carbon County pursuant to 20 Pa.C.S. §  3323(b)(3) is posted.

   Within thirty (30) days from the date of this Order, counsel shall file with the Motion's Court an Affidavit from counsel certifying compliance with this Order.

BY THE COURT:

P.J.

Rule L2971.  Confession of Judgment for Possession of Real Property.

   (1)  When an action is commenced pursuant to Pa.R.C.P. No. 2971 for possession of residential property, the Prothonotary, upon praecipe, shall only enter judgment in conformity with the confession after twenty-one (21) days have elapsed since commencement of the action and either:

   (A)  service has been made as required by (2) hereof and no petition has been filed which raises the issue of whether there was a knowing and voluntary waiver of due process rights by the defendant when the lease authorizing confession of judgment was executed; or

   (B)  entry of judgment is authorized by order of court.

   (2)  Plaintiff must file the complaint and make service of it in accord with Pa.R.C.P. No. 400 et seq, except that service shall not be made by publication under Pa.R.C.P. No. 430(b) or by posting a copy under Pa.R.C.P. No. 410(a)(2) without order of the court. In addition, the plaintiff shall also serve a notice and a petition in the form set forth in the addendum after this rule in the same manner as service of the complaint.

   (3)  The required notice shall be substantially in the form of the addendum following this rule.

   (4)  If a petition is filed pursuant to this rule, the Court shall hear the petition within five (5) business days after filing upon such notice to the parties as the Court shall direct and shall promptly dispose of the matter on the testimony, admissions or other evidence.

''Addendum 1''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
Plaintiff	:
	:
vs.	:	NO.
	:
Defendant	:

NOTICE TO DEFEND

   You have been sued in Court.

   A complaint has been filed and a judgment will be entered against you and you may be evicted from your residence.

   The judgment will be entered against you unless you file a petition with the Prothonotary which raises the issue of whether you knowingly and voluntarily waived your rights to due process when you signed the lease which authorized confession of judgment against you.

   The petition must be filed no later than twenty (20) days from the date of service of the complaint. If you fail to file the petition and judgment is entered against you, you may file a petition with the Court in accord with Pa.R.C.P. 2959 to strike off the judgment or to open it.

   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.

   LEGAL SERVICES OF NORTHEASTERN PENNSYLVANIA, INC.
122 Iron Street
Lehighton, Pennsylvania 18235
Telephone: 610-377-5400

''Addendum 2''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
Plaintiff	:
	:
vs.	:	No.
	:
Defendant	:

PETITION TO STAY JUDGMENT BY CONFESSION

TO YOUR HONORABLE COURT:

   The above-named Defendant files this Petition and states the following:

   1.  I did not knowingly and voluntarily waive my rights to due process when the lease which authorized confession of judgment against me was executed.

   2.  I request a prompt court hearing to determine my rights. Notice of the hearing should be given to me at:

    
   __________
Address

    
__________
Telephone

   I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.

DATE:
 
   __________
Defendant

Rule L3154.  Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residential Lease.

   (a)  After obtaining a final judgment for damages arising under a residential lease, the judgment creditor/landlord may petition the Court to attach the debtor/tenant's income to satisfy that portion of the judgment representing damages for abuse of the physical make up of the leased premises.

   (b)  The petition procedure utilized by the judgment creditor/landlord shall be in compliance with Pennsylvania Rules of Civil Procedure 206.1--206.7 and Carbon County Rule L206.1 All petitions for attachment of income shall be accompanied by a proposed ''Order of Attachment of Income'' substantially in accordance with the form provided in Rule L3155.

   (c)  At the time of the hearing on the petition it shall be the burden of the judgment credit/landlord to establish: (1) notice to the defendant/tenant of the income attachment hearing date; (2) that the attachment is for a judgment that represents damages for abuse of the physical makeup of the leasehold premises; and (3) that the tenant's security deposit, if any, has been deducted from the amount subject to attachment, or has been applied to payment of rent due on the same premises for which the judgment of attachment is to be entered.

   (d)  At the time of the hearing on the petition, it shall be the burden of the debtor/tenant to: (1) establish that the attachment would place the debtor's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget; or (2) other good cause why the attachment order should not issue.

Rule L3155.  Order of Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residential Lease-Form.

To: (employer)

   Pursuant to the laws of the Commonwealth of Pennsylvania the net wages of _________________ , defendant/tenant, _________________ (payroll or other identification number, if applicable), of _________________ (address), is hereby attached to the following extent.

   You are directed to pay to the Prothonotary of the Court of Common Pleas of Carbon County 10% of the net wages due the defendant/tenant. The attachment payment must be sent to the Prothonotary within fifteen (15) days of the date the defendant/tenant is paid. Checks should be made payable to ''Prothonotary of Carbon County'', Post Office Box 127, Jim Thorpe, PA 18229.

   The order of attachment for damages arising out of a residential lease is binding upon you until further notice and shall have priority over any attachment, execution, garnishment, or wage attachment under state or local law except one relating to a support order or a prior attachment for damages arising out of a residential lease. You must commence the attachment of the defendant/tenant's income as soon as possible but no later than fourteen (14) days from the date of the issuance of this order of attachment.

   You are notified further that pursuant to law:

   1.  The defendant/tenant has been notified that an order of attachment would be issued.

   2.  Willful failure to comply with this order may result in (i) your being adjudged in contempt of court with appropriate sanctions; (ii) your being held liable for any amount not withheld or withheld but not forwarded to the Prothonotary; and (iii) attachment of your funds or property.

   3.  The attachment of income or the possibility thereof as a basis, in whole or in part, for the discharge of an employee or any disciplinary action against or demotion of an employee is prohibited. Violation may result in (I) your being adjudged in contempt with appropriate sanctions; and (ii) an action against you by the employee for damages.

   4.  You must notify the Prothonotary when the defendant/tenant terminates employment and provide the Prothonotary with the employee's last known address and the name and address of the new employer, if known.

   5.  The maximum amount of the attachment shall not exceed 10% of the employee's net wages per pay period. The total amount of wages attached pursuant to this order shall not exceed _________________ .

   6.  For the purposes of this order, ''net wages'' means all wages paid less only the following items:

   (i)  Federal, State, and local income taxes;

   (ii)  F.I.C.A. payments and nonvoluntary retirement payments;

   (iii)  Union dues; and

   (iv)  Health insurance premiums.

Date of Order: __________

BY THE COURT,
 
__________
J.

[Pa.B. Doc. No. 97-1782. Filed for public inspection November 7, 1997, 9:00 a.m.]

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