[39 Pa.B. 6729]
[Saturday, November 28, 2009]
[Continued from previous Web Page] YCCiv. 2039.2: Order Scheduling Hearing, Final Order, and Affidavit Of Deposit:
(a) The order scheduling a hearing on the compromise or settlement of an action in which a minor is a party shall be substantially in the following form:
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
[CAPTION]
O R D E R
SCHEDULING A HEARING ON THE COMPROMISE OR SETTLEMENT OF AN
ACTION IN WHICH A MINOR IS A PARTYAND NOW, this ______ day of ______ 20 ____ , a hearing on the Petition is hereby scheduled before the undersigned Judge on ______ , ______ , 20 ____ , beginning at ______ ____ .m. In Courtroom No. ____ , _____ th Floor, York County Judicial Center, 45 North George Street, York, PA 17401.
The Petition shall comply with the requirements of YCCiv. 2039.1(d), or if the Petition does not set forth the requirements of YCCiv. 2039.1(d), the Petitioner shall establish those requirements at the time of the hearing.
At the time of the hearing, counsel for the Petitioner shall present a proposed Order approving settlement substantially in the form as set forth in YCCiv. 2039.2(b).
The Prothonotary shall provide copies of this Order with Attachments to ______ , Esquire, attorney for the Petitioner.
BY THE COURT,
_________________
, Judge(b) The order approving the compromise and settlement and distribution shall be substantially in the following form:
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA [CAPTION]
ORDER APPROVING COMPROMISE, SETTLEMENT
AND DISTRIBUTIONAND NOW, this ______ day of ______ 20 ____ , upon consideration of the Petition For Leave To Compromise/Settle An Action Involving A Minor, it is hereby ordered that Petitioner is authorized to enter into a settlement with the Defendant in a gross amount of $ ______ on behalf of the minor. Defendant shall forward all settlement drafts or checks to Petitioner's counsel for proper distribution.
The settlement proceeds shall be allocated as follows:
A. To: _________________ , (Minor's Name), a Minor $ _________________
B. To: _________________ , (Minor's Name), a Minor $ _________________
IT IS FURTHER ORDERED that the settlement proceeds be distributed as follows:A. To: _________________ , Esquire, (Name of Counsel)
Costs $ _________________
Counsel Fees $ _________________
B. The balance of the settlement proceeds, the sum of $ _____
as follows:1. ___________________________
2. ___________________________
and any interest thereon, payable to the minor, or minors in a pro-rata share as set forth above.
Within 14 days of receipt of the settlement proceeds, COUNSEL, and not the parent(s) or guardian(s) of the minor, is hereby authorized and specifically DIRECTED to execute all documentation necessary to deposit the funds belonging to the minor into an interest bearing savings account or savings certificate in a federally insured financial institution having an office in York County, IN THE NAME OF THE MINOR ONLY. The savings account or certificate shall be marked as hereinafter directed.
The savings account shall be titled and restricted as follows:
(Minor's Name), a minor, not to be withdrawn before minor attains majority or upon prior Order of Court.
The savings certificate shall be titled and restricted as follows:
(Minor's Name), a minor, not to be redeemed except for renewal in its entirety, nor to be withdrawn, assigned, negotiated, or otherwise alienated before the minor attains majority, except upon prior Order of Court.
If no withdrawals are made from the investments authorized by this Order, the depository may pay over the balance on deposit when the minor attains majority, as defined with reference to 20 Pa.C.S.A. § 102, upon the order of the late minor, without further Order of this Court.
Counsel shall file with the Prothonotary of York County within 14 days from the date of deposit of the funds proof of the establishment of the accounts as required herein, by Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the Affidavit a copy of this Order as well as a copy of the Certificate of Deposit or bank account showing the amount deposited and containing the required restrictions. The Affidavit shall further contain a specific averment by counsel that counsel, and not the parent(s) and/or guardian(s) of the minor, established the account(s) and deposited the funds therein as directed above and that counsel has provided to the financial institution a certified copy of this Order. The Affidavit shall be substantially in the form as set forth in YCCiv. 2039.2(c).
The Prothonotary shall provide copies of this Order to _________________ , Esquire, attorney for the Petitioner, and to _________________ .
BY THE COURT,
_________________ ,
Judge(c) The affidavit of deposit of minor's funds shall be substantially the following form:
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA [CAPTION]
AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS
COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF YORK : I, ______ , being duly sworn according to law depose and say:
1. I am counsel for petitioner in the above captioned matter.
2. I am authorized to make this affidavit on behalf of ______ .
3. On ______ , 20 ____ , the sum of $ ______ was deposited into an insured, interest-bearing Savings Account/Certificate of Deposit, No. ______ , with ______ (financial institution) pursuant to the Court Order entered ______ .
4. Account/Certificate No. ______ is entitled, ______ , A Minor.
5. The express prohibition of withdrawals of income or principal prior to ______ without FURTHER ORDER OF COURT has been noted on the depository's records and on the passbook/certificate.
6. A certified copy of the above referenced Court Order was provided to the above named financial institution.
Name: _________________
Signature: _________________
Sworn to and subscribed before me
this ______ day of ______ ,
20 __ .
_________________
Notary Public
Confession of Judgment YCCiv. 2959: Striking or Opening Confession of Judgment—Procedure:
In the absence of a court order or other rule of procedure to the contrary, the plaintiff shall file an answer to a petition to strike off or open a judgment by confession within twenty (20) days after service of a rule to show cause issued pursuant to Pa.R.Civ.P. 2959(b).
Enforcement of Judgments YCCiv. 3123.1: Claim for Exemption or Immunity of Property:
(a) Any person not a party who claims an interest in property attached pursuant to Pa.R.Civ.P. 3108(a) may intervene in the garnishment proceedings by filing a property claim with the Sheriff.
(b) The property claim shall be in the form as set forth in Pa.R.Civ.P. 3258.
(c) The property claim shall be filed with the Sheriff within the time limits set forth in Pa.R.Civ.P. 3123 (relating to debtor's exemption). The matter shall proceed as set forth in Pa.R.Civ. 3123.1 (relating to claims for exemption and prompt hearings).
YCCiv. 3127: Right of Sheriff to Break and Enter:
In any application made to the Court to permit the Sheriff to break and enter a premises, the proposed order shall state the address of the premises to be entered and shall describe whether the premises is a commercial or residential establishment.
YCCiv. 3129.1: Notice to Internal Revenue Service:
In any case where notice is required to be given to the Internal Revenue Service, in accordance with the provisions of the Federal Tax Lien Act of 1966, 26 U.S.C. Section 7425, (b) and (c), a copy of such notice certified by counsel to be a correct copy and indicating the date of service upon or delivery to the Internal Revenue Service shall be filed with the Sheriff prior to the date fixed for the sale.
YCCiv. 3136(f): Exceptions to Sheriff's Sale:
Exceptions to the proposed schedule of distribution from a Sheriff's sale filed pursuant to Pa.R.Civ.P. 3136(d) shall be resolved by one-judge disposition pursuant to YCCiv. 208.3(b).
Depositions and Discovery YCCiv. 4007.1: Procedure in Deposition by Oral Examination:
Depositions by oral examination shall be taken in York County unless all parties agree or the Court directs otherwise.
Matters Involving Governmental Action YCCiv. 5010: Actions Involving Appeals From Department of Transportation Determinations:
(a) The Court Administrator shall establish and publish periodic dates and times during which the Court will sit to hear appeals from determinations of the Pennsylvania Department of Transportation (PennDoT) pursuant to 75 Pa.C.S. §§ 1377, 1550 and 4724.
(b) A separate appeal shall be taken from each determination made by the Department of Transportation.
(c) An application to the Court which has the effect of appealing any determination of PennDoT shall conform to the requirements of YCCiv. 205.1 and 205.2, and shall be filed in the Office of the Prothonotary.
(1) The application shall be verified.
(2) The party filing the application shall serve PennDoT with a copy of the application and cause a copy of the application, along with an original detached proposed order to schedule a hearing, to be delivered to the Court Administrator.
(d) The Court Administrator shall assign the application to a judge for disposition during a session of court established to resolve such applications. An application shall not be scheduled for a hearing date which is less than two months from the date of filing.
YCCiv. 5030: Proceedings to Forfeit Property:
(a) All applications to forfeit property filed pursuant to 42 Pa.C.S. Sec. 6801 shall be filed in the Office of the Prothonotary.
(1) Applications requesting forfeiture of property shall conform to the requirements of YCCiv. 205.2 and 42 Pa.C.S. Sec. 6802.
(2) Applications requesting forfeiture of property shall have in the caption a cross reference to the related criminal case, if any, including the criminal defendant's name and case number.
(3) The applications shall specifically describe the property to be forfeited, and, in the case of real property, shall describe the property sufficiently to locate the property on the ground.
(b) An application to forfeit property shall be assigned to the judge assigned to the related criminal case, and if no judge is yet assigned, then to the Administrative Judge of the Criminal Division.
(c) When the matter is at issue as provided in 42 Pa.C.S. Sec. 6802, any party may file a praecipe for one judge disposition, indicating the name of the assigned judge on the praecipe.
(d) Arbitration as provided in YCCiv. 1301 et seq. shall not be applicable to matters involving forfeiture of property.
YCCiv. 5050: Determinations Concerning Firearms:
(a) An application to the Court which has the effect of appealing or reviewing any determination of the Sheriff, chief of police, county Treasurer or other official concerning firearms pursuant to 18 Pa.C.S. Sec. 6105.1 or 18 Pa.C.S. Sec. 6114 concerning hearings and judicial review of actions concerning firearms, shall conform to the requirements of YCCiv. 205.1 and 205.2, and shall be filed in the Office of the Prothonotary.
(1) The application shall be verified.
(2) The party filing the application shall serve the official whose determination is being appealed with a copy of the application and cause a copy of the application, along with an original proposed order to schedule a hearing, to be delivered to the Court Administrator, who shall thereafter assign the matter to a judge for disposition.
(b) The judge to whom the matter is assigned shall promptly schedule a hearing upon the issues presented. The hearing may be conducted with or without a pre-hearing conference.
YCCiv. 5070: Exceptions from Determinations of Governmental Actions or Sales of Property:
(a) Exceptions shall conform to the requirements of YCCiv. 205.2 and shall be numbered consecutively.
(b) Each exception shall specifically set forth the ground therefore but shall not contain any discussion.
(c) Exceptions to a finding or a conclusion or the failure to make a finding or conclusion shall specify the finding or conclusion which the expectant claims should have been made.
(d) References to the record or transcript of proceedings which support or oppose exceptions shall be included.
(e) Exceptions shall be decided by one judge pursuant to YCCiv. 208(3)(b), unless additional testimony or evidence is required to decide the exceptions, in which case, a party requesting a hearing shall file a praecipe requesting such and cause a copy of the praecipe to be transmitted to the Court Administrator for assignment to a judge.
YCCiv. 5090: Proceedings under Right to Know Law:
Proceedings under the Right to Know law or similar public access legislation shall be as provided in the York County Rules of Judicial Administration.
YCCiv. 5100: Appeals from Tax Assessments:
(a) Except as otherwise provided in this section, the procedure in an appeal from a tax assessment determination shall be in accordance with the rules relating to a civil action.
(b) An appeal from a tax assessment determination to the Court of Common Pleas shall be initiated by appellant filing an assessment appeal with the Prothonotary setting forth the basis for the appeal. The Board of Assessment Appeals and all affected taxing districts shall be served a copy of the appeal by certified mail.
(c) If the appellant is a taxing district, service of the appeal by certified mail shall be made upon the affected property owner, the remaining taxing districts, and the Board of Assessment Appeals.
(d) Taxing districts and property owners whose interests are affected by an assessment appeal to the Court of Common Pleas need not file an answer to the assessment appeal but may intervene in the proceedings to address their respective interests at any time prior to final adjudication.
(e) When an appeal from a tax assessment is ready for trial, any party thereto who desires to proceed to trial shall file a praecipe listing the matter for a pretrial conference in compliance with YCCiv. 212.3.
YCCiv. 5150: Appeals in Land Use Cases:
(a) Notice of Appeal—Content: A land use appeal shall contain the following information:
(1) A caption in substantially the following form:
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
Name of Appellant : No. _________________ v. : : Name of municipality or name : [type of] APPEAL of body (i.e. zoning hearing : board, governing body or : or planning commission) which : rendered decision :
Notice of Appeal Names, addresses and telephone numbers of all counsel and who they represent, or of unrepresented parties:
(2) When applicable, in separately numbered paragraphs and in the following order:
(i) Name and address of the appellant.
(ii) Name and address of the zoning hearing board, governing body or planning commission (''local agency'') which rendered the decision.
(iii) Name and address of the applicant to the local agency, if the applicant is not the appellant.
(iv) Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and identification of the real estate.
(v) The chronology of the matter, including the following as applicable:
(vi) Date of filing application or appeal with zoning officer or other official.
(vii) Date of action, if known, of the zoning officer or other official.
(viii) Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency.
(ix) Dates of all hearings or meetings of the local agency.
(x) Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken.
(xi) Date written decision served.
(xii) The purpose for which the application was made.
(xiii) The basis for appellant's standing to file the appeal.
(xiv) All specific legal and factual grounds for the appeal.
(xv) Specific request for relief.
(3) If a court reporter was present and if a transcript is not already in existence, appellant's certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency to be filed with the record. If appellant does not include a certification that appellant has ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal.
(b) Intervention—notice: A notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P. S. § 11004-A, shall contain:
(1) The caption and number of the appeal.
(2) Name and address of intervenor.
(3) Nature of the interest of intervenor in the appeal.
(4) Legal and factual circumstances under which intervenor claims a right to intervene.
(5) Summary of intervenor's position.
(c) Intervention—petition to intervene: Any person or entity who wishes to intervene in an appeal of a land use matter and who cannot intervene as a matter of right pursuant to Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P. S. Sec. 11004-A, shall file a petition to intervene pursuant to Pa.R.Civ.P. 2326 et seq. The petition shall be presented to the Court pursuant to YCCiv. 205.1 and 208.3(a), and shall contain, in addition to the information required by Pa.R.Civ.P. 2328, the following:
(1) The caption and number of the appeal.
(2) Name and address of intervenor.
(3) Nature of the interest of intervenor in the appeal.
(4) Legal and factual circumstances under which intervenor claims a right to intervene, including a statement whether the intervenor was granted status as a party before the local agency.
(5) A summary of intervenor's position and grounds therefor.
(d) Certiorari: The local agency shall submit its entire record within twenty days after receipt of the writ of certiorari or receipt of the transcript(s), whichever is later. The record shall include, but is not limited to:
(1) All original papers filed in chronological order, commencing with the application.
(2) Minutes of meetings of the local agency at which the application was considered.
(3) The complete ordinance under which the local agency rendered its decision, including maps.
(4) The findings of fact and conclusions of law of the local agency, if any, and its written decision.
(5) The names and addresses of all persons the local agency recognized as parties to the proceedings.
(6) Transcripts of hearings.
(e) Transcript of hearings: The local agency shall not submit its record to the Prothonotary until appellant has provided the transcript of all hearings if the transcript is not in existence and available to the local agency prior to appellant filing the appeal. In the event that the appellant has not provided the local agency with a transcript within 45 days of the filing of the appeal, the local agency shall submit its record to the Prothonotary with a certification that a transcript has not been provided and the reason.
(f) The chairperson, presiding officer, keeper of the records, or solicitor of the local agency shall certify the submission and filing of the record, and shall notify the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the land which was the subject of the application and all other persons recognized as parties to the local agency's proceedings. Proof of notice shall be filed with the record or within a reasonable time thereafter.
YCCiv. 5155: Appeals in Land Use Cases—Disposition:
(a) Any appeal which does not require the record to be supplemented by a hearing shall proceed as a case for one judge disposition pursuant to YCCiv. 208.3(b).
(b) Any appeal which requires the record to be supplemented shall proceed as a trial and may, after all pre-trial matters have been completed, be listed for pre-trial conference pursuant to YCCiv. 212.3.
YCCiv. 5170: Boards of View:
(a) Requests for appointment of boards of view shall be made by motion pursuant to YCCiv. 208.3(a), which shall be filed only after the close of all pleadings and only after rulings on any preliminary objections have been issued by the court.
(b) Upon receipt of a motion for appointment of a board of view, the President Judge shall appoint a chair and two additional members from the general board of viewers who shall serve until the conclusion of the matters presented to them. The chair shall be an attorney admitted to the bar of this Commonwealth and who maintains an office for the practice of law in York County.
(c) The members of the Board of View shall be compensated at an hourly rate as established from time to time by administrative order of the Court and shall be compensated for expenses incurred in the performance of their duties, including travel to and from view sites but not travel to and from the Judicial Center, at the rate established by the County of York for reimbursement of expenses. Petitions for compensation shall be submitted, no later than three months after the Board's last action, to the President Judge for approval.
(d) Any hearings conducted by the board pursuant to the Private Road Act, shall be recorded in such manner so that the proceedings can be reduced to written transcript form. No later than the initial view, the parties and the board shall agree upon the extent of hearings needed, and the board chair shall fix an amount to be advanced by the parties to cover the initial costs of the recordings, and a date by which the costs advanced shall be paid. The moving party shall advance sufficient fees to cover the initial cost of the recording. The board shall direct the safekeeping of the recording and shall include as part of its report to the Court a recommendation as to how the costs of any recording and transcript shall be apportioned as among the parties.
(e) The report of the board shall include, at a minimum:
(1) The names and addresses of all parties to the matter, and their attorneys, if any;
(2) A brief recitation of the factual and procedural history of the matter;
(3) Findings of fact;
(4) A recommendation whether a private road should be laid out, and if so, a description sufficient to locate such a road on the ground;
(5) An assessment as to the amount of damages to be paid to the party or parties over whose land the road is to be laid; and
(6) A brief statement of reasons for the recommendations and assessments.
(f) The chairman of the board shall file the original of the board's report with the Prothonotary and shall present the President Judge with a copy of the report and both a proposed decree nisi and a final order for consideration.
(g) Exceptions to the findings of a board of view shall be filed within thirty days of the filing of the decree nisi.
(1) Exceptions shall list all parties to the proceedings and their addresses, and shall be separately stated in numbered paragraphs.
(2) Exceptions shall be filed in accordance with YCCiv. 205.2 and 208.3(b), and shall be disposed of by one judge.
(3) Exceptions taken to an assessment of damages shall state whether a jury trial is demanded.
YCCiv. 5200: Appeals from Determinations of Other Governmental Actions:
(a) Appeals from an appealable determination of other government agencies, not specifically provided for in these Rules, of which this court has jurisdiction pursuant to the applicable law or general rule shall be commenced by filing a Petition for Review with the Prothonotary of York County. The Petition for Review shall contain the following:
(1) A statement of the basis for the jurisdiction of this court;
(2) The names and addresses of the parties seeking review; the name and address of the government agency which made the determination sought to be reviewed;
(3) Reference to the order or other determination sought to be reviewed, with a copy of the same, if in writing, attached to the Petition for Review;
(4) A concise statement of the reasons for the appeal; The reasons for the appeal may be stated in the alternative, and relief of several different types may be requested. A Petition for Review need not be verified.
(5) And a statement of relief sought.
(6) No Answer to the Petition for Review need be filed; the reasons for the appeal stated therein shall be deemed to be denied and at issue.
(b) A copy of the appeal pleading shall be served by the appellant in person on or by mailing the same, by registered or certified mail, to the government agency which made the determination sought to be reviewed and to all other entities or persons named as appellees or respondents and all parties of record before the government agency within ten (10) days of filing the same with the Prothonotary. Service shall be complete on the date of mailing. Proof of service shall be filed with the Prothonotary.
(c) If a court reporter was present and if a transcript is not already in existence, the appellant shall certify that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency to be filed with the record. If appellant does not include a certification that appellant has ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal.
(d) The local agency shall not submit its record to the Prothonotary until appellant has provided the transcript of all hearings if the transcript is not in existence and available to the local agency prior to appellant filing the appeal. In the event that the appellant has not provided the local agency with a transcript within 45 days of the filing of the appeal, the local agency shall submit its record to the Prothonotary with a certification that a transcript has not been provided and the reason.
YCCiv. 5210: Appeals from Determinations of Other Governmental Actions—Dispostition:
(a) Any appeal which does not require the record to be supplemented by a hearing shall proceed as a case for one judge disposition pursuant to YCCiv. 208.3(b).
(b) Any appeal which requires the record to be supplemented shall proceed as a trial and may, after all pre-trial matters have been completed, be listed for pre-trial conference pursuant to YCCiv. 212.3.
Miscellaneous Matters YCCiv. 5700: Security for Costs:
(a) If the plaintiff is a non-resident of Pennsylvania or if insolvency or bankruptcy proceedings are pending against him, the court may order the plaintiff to give security for costs on the motion of a defendant who has filed an answer to the plaintiff's complaint, if an answer is required in the action, or who has filed an affidavit that he has a just defense against the plaintiff's claim, if an answer is not required in the action.
(b) If the plaintiff fails to give the security ordered by the court, the Prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros against the plaintiff.
(c) If the security for costs given by the plaintiff becomes insufficient, the defendant may move for the filing of additional security in the same manner and subject to the same conditions as provided for the giving of the original security.
YCCiv. 5710: Service of Copies on Judge:
In addition to the service on other parties prescribed by applicable law or rule of court, a copy of exceptions to or requests for reconsideration of a court order or decision shall also be delivered to the Court Administrator for service upon the judge or the officer or appointee of the court to whose action the exceptions have been filed or reconsideration requested.
YCCiv. 5730: Proceedings to Change Name:
(a) Petitions to change a name pursuant to 54 Pa.C.S. Sec. 701 et seq. shall be filed in the Prothonotary's office, pursuant to YCCiv. 205.1.
(1) Petitions shall meet the requirements of 54 Pa.C.S. Sec. 701(a.1) and YCCiv. 205.2.
(2) A copy of the petition shall be delivered to the Court Administrator for assignment to a judge.
(3) An original proposed order, with a brief title describing the nature of the proposed order, shall accompany the petition, but shall not be attached to it.
(b) Notice of the filing of a petition for change of name and of the date, time and location of the hearing to consider the petition shall be given by publication in the York Legal Record and one (1) newspaper of general circulation in the county. The publication shall appear not less than twenty (20) days before the hearing. The same notice shall be served not less than twenty (20) days before the hearing by first class mail on any nonpetitioning parent of a child whose name may be affected by the proceedings.
(c) At the hearing, the petitioner shall present to the court proof of the following:
(1) Publication of the notice and, where required, proof of service of the notice;
(2) Official searches of the offices of the York County Prothonotary and Recorder of Deeds and of the proper offices of any other county where the petitioner may have resided within five (5) years of the filing of the petition for change of name, showing that there are no judgments, decrees of record or any other similar matters against the petitioner.
a. An ''official search'' is a search and certification done by the official custodian of records of the respective office.
b. The search requirement may also be satisfied by a certification given by a corporation authorized by law to do such searches, by a title abstractor, or by an attorney at law.
[Pa.B. Doc. No. 09-2174. Filed for public inspection November 25, 2009, 9:00 a.m.]
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