[44 Pa.B. 7515]
[Saturday, December 6, 2014]
[Continued from previous Web Page]
LACKAWANNA COUNTY COURT OF COMMON PLEAS
CIVIL COVER SHEET INSTRUCTIONSAn attorney or pro se party filing a document commencing any type of civil action shall file a properly completed Civil Cover Sheet. Copies of the Civil Cover Sheet shall be attached to service copies of the document commencing the action.
PARTIES
Regardless of the type of action, the initiating party or parties shall be designated as Plaintiff or Plaintiffs and the responding party or parties shall be designated as Defendant or Defendants. Names of individuals shall be listed as last name, first name, middle initial. Full names of agencies and corporations shall be provided. Spouses shall be listed as separate parties unless the claim of one spouse is limited to a claim for consortium in which case the designation, et ux, or et vir shall be used. Where there are more than three plaintiffs or defendants, a supplemental form listing the additional parties shall be attached to the Cover Sheet.
The section labeled ''Remarks'' is for procedural matters only. These may include such matters as related cases where consolidation might be advisable. Matters such as expected difficulty with service of process or status of settlement discussions do not belong in the section.
CASE TYPE AND CODE DESIGNATION
FAM Family Court TORT/BF Tort Bad Faith FAM/CUST Custody TORT/WCP Wrongful Use of Civil Process FAM/DIV Divorce TORT/O Other Torts MCT Minor Court Appeal NGL/MVA Motor Vehicle Accident LAG Local Agency Appeal NGL/NF No-Fault Benefits LAG/MVS Motor Vehicle Suspension NGL/PI Personal Injury LAG/ZB Zoning Board Appeal NGL/PREM Premises Liability LAG/O Other Agency Appeals NGL/PROD Product Liability PCP/VAL Validation of Tax Title NGL/TT Toxic Tort PCP/TS Tax Sale NGL/O Other Negligence Action PCP/OBJ Objection to Tax Sale MLP/D Dental Malpractice PCP/PRIV Petition to set aside private sale MLP/L Legal Malpractice PCP/O Other Proceedings commenced by MLP/M Medical Malpractice Petition MLP/O Other Malpractice CJ Confession of Judgment EQ Equity CLASS Class Action REPL Replevin CNT Contract cases RP Real Property DECL Declaratory Judgment RP/EJ Ejectment COND/DT Condemnation/Declaration of Taking RP/QT Quiet Title TORT/AB Assault & Battery RP/MF Mortgage Foreclosure TORT/LS Libel & Slander RP/ML Mechanic's Lien TORT/FR Fraud RP/PRT Partition PP Personal Property Actions STATUTORY CAUSE OF ACTION
If the action is commenced pursuant to statutory authority, the specific statute must be identified with full citation.
PENDING CASES
Previously filed related cases must be identified by caption and docket number whether or not consolidated.
FORM 2
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
PRAECIPE FOR ASSIGNMENT TO: Lackawanna County Court Administrator
Please be advised that the Plaintiff/Defendant has filed _________________ in the
(Identify motion, petition, or preliminary objection)
above-captioned case.____ All parties have agreed to submit this matter on briefs Without the necessity of oral argument.
____ Please schedule this matter for oral argument.
_________________ _________________ (Attorney for Plaintiff) (Attorney for Defendant) _________________ _________________ _________________ _________________ _________________ _________________ Address Address _________________ _________________ Telephone Number Telephone Number Respectfully submitted: Date: _________________ By: _________________
FORM 3
PLAINTIFF/DEFENDANT PRE-TRIAL
SETTLEMENT STATEMENTCase Caption
Court Term & No.I. Facts in brief detail:
II. Contentions of the parties as to liability and pertinent legal issues:
III. A statement of settlement negotiations to date, including plaintiff's most recent demand and the defendant's most recent offer.
IV. Plaintiff's contentions as to injuries and special damages:
(a) Injuries sustained:
(b) Special damages:
(1) Medical:
(2) Loss of earnings:
(3) Out of pocket expenses (type and amount):
(4) Other:
V. Nature and extent of loss suffered by plaintiff, or the right sought to be enforced (non-personal injury cases):
VI. Any other factor which should aid in disposing of the action:
FORM 4
PLAINTIFF/DEFENDANT PRE-TRIAL CONFERENCE STATEMENT Case Caption
Court Term & No.I. Version of the facts in brief detail:
II. Contentions as to liability and/or legal issues pertinent:
III. List of requested stipulations of fact or authenticity (admissibility of documents):
IV. Estimated trial time:
V. A list of all documents or exhibits other than those a party expects to use for impeachment or rebuttal purposes. The list should be specific enough to enable the judge and opposing counsel of all documents or exhibits at the pretrial conference in lieu of listing them in the pretrial addresses.
VI. A list by name and address of all witnesses the party intends to call at trial, except those who may be used for rebuttal or impeachment purposes. If the parties learn the names of any additional witnesses after the pretrial conference, they will promptly exchange names and addresses.
VII. A statement of settlement negotiations to date, including the plaintiff's most recent demand and the defendant's most recent offer:
VIII. All legal issues or other questions which counsel reasonably anticipate will arise during selection of the jury or during trial.
IX. Plaintiff's contentions as to injuries and special damages:
(a) The injuries sustained are as follows:
(b) The special damages are as follows:
(1) Medical-(here set forth names of doctors, hospitals, etc., and amount of bills for same)
(2) Loss of earnings-including amount of time lost, occupation and employer rate of pay:
(3) Any other out-of-pocket expenses (type and amount):
(4) Other:
(c) Nature and extent of loss suffered by plaintiff (primary or counterclaim) or the right sought to be enforced (non-personal injury cases):
X. Any additional issues you feel should be considered as an aid in disposing of this action:
__________________________________
Attorney Party Represented
FORM 5
Pre-Trial Order (1) Jurisdiction. A statement as to the nature of the action and the authority under which the jurisdiction of the court is invoked.
(2) Facts. A comprehensive written stipulation of all uncontested facts in such form that it can be read to the jury as the first evidence at trial.
(a) These facts should include all matters capable of ascertainment, such as ownership, agency, dimensions, physical characteristics, weather conditions, road surfaces, etc. Approximations and estimates which are satisfactory to counsel will be accepted by the Judge.
(b) No facts should be denied unless opposing counsel expects to present contrary evidence on the point at trial, or genuinely challenges the fact on credible grounds.
(c) The facts relating to liability and to damages are to be separately stated.
(d) The parties shall reach agreement on uncontested facts even though relevancy is disputed; if such facts are ruled admissible, they need to be proved.
(e) The parties shall also set forth their respective statements of facts which are in dispute, separating those referring to liability from those referring to damages.
(3) Damages or Other Relief. A statement of damages claimed or relief sought.
(a) A party seeking damages shall list each item claimed under a separate descriptive heading (personal injury, wrongful death, loss of profits, survival, loss of wages, deprivation of civil rights, punitive damages, false imprisonment, libel, slander, property damage, pain, suffering, past and future medical expense, balance due under contract, performance due under contract, interest, etc.) and shall provide a detailed description of each item, and state the amount of damages claimed.
(b) A party seeking relief other than damages shall list under separate paragraphs the exact form of relief sought with precise designations of the persons, parties, places, and things expected to be included in any order providing relief.
(4) Legal Issues. Under separate paragraphs, each legal issue that must be decided and the principal constitutional, statutory, regulatory, and decisional authorities relied upon.
(5) Witnesses. Under separate headings, and under separate headings for liability and damages, the names and addresses of all witnesses whom the plaintiff, defendant, and third-parties actually intend to call at trial.
(a) Witnesses shall be listed in the order they will be called. Each witness shall be identified and there shall be a brief statement of the evidence which the witness will give.
(b) A detailed summary of the qualifications of each expert witness shall be submitted. This summary shall be in such form that it can be read to the jury when the expert takes the stand to testify.
(c) Only those witnesses listed will be permitted to testify at trial, except to prevent manifest injustice.
(d) Failure to call at trial any listed witness shall not be a proper subject of jury argument unless justified by the record of the case exclusive of pre-trial conference statements or the pre-trial order.
(e) Whenever practicable, a hypothetical question to be propounded to any expert witness shall be prepared in advance for submission to the court and parties in sufficient time as not to delay the trial. If impracticable at this stage, counsel shall arrange for its submission at a later time during trial.
(6) Exhibits. A schedule of all exhibits to be offered in evidence at trial, together with a statement of those agreed to be admissible and the grounds for objection to any not so agreed upon.
(a) The exhibits shall be serially numbered without any designation as to whether they are being offered by plaintiff or defendant. The exhibits shall be physically marked before trial in accordance with the schedule.
(b) Where testimony is expected to be offered as to geographical location, building, structure, waterway, highway, road, walkway, or parcel of real estate, plaintiff shall furnish an exhibit in such form that it can be used in the courtroom as an aid to oral testimony.
(i) Except in those cases where the issues require the use of exact scale, the exhibit may be a simple single-line, hand-drawn sketch.
(ii) In most instances, it will not be necessary that the exhibit be to scale or contain other than reasonably accurate features of the geographical characteristics involved.
(iii) If of adequate size and clarity, this exhibit may be an existing drawing, plan, or blue print.
(c) Except for unusual circumstances, it is expected that the authenticity or genuineness of all exhibits, including non-documentary items, documents, photographs, and data from business records from sources other than parties to the litigation will routinely be stipulated to and will be received in evidence if relevant. Counsel likewise are expected to agree upon the use of accurate extracts from or summaries of such records. Life expectancy tables, actuary tables, and other similar statistical tabular data routinely and regularly used in litigation in the Commonwealth's courts should also normally be stipulated to.
(d) At trial, counsel shall furnish a copy of each exhibit to the judge.
(7) Legal Issues and Pleadings. Special comments regarding the legal issues or any amendments to the pleadings not otherwise set forth.
(8) Trial Time. An estimate of the number of trial days required. Separately stated for liability and damages.
(9) Discovery Evidence and Trial Depositions. Each discovery items and trial deposition to be offered into evidence.
(a) Where the videotape or deposition of a witness is to be offered in evidence, counsel shall review it so that there can be eliminated irrelevancies, side comments, resolved objections and other matters not necessary for consideration by the trier of fact. Counsel shall designate by page the specific portions of deposition testimony and by number the interrogatories which shall be offered in evidence at the trial. To serve this end all videotape depositions will be accompanied by a typewritten deposition of the same testimony.
(b) Depositions and interrogatories to be used for cross-examination or impeachment need not be listed or purged.
FORM 6
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
CONFIDENTIAL MEDIATION MEMORANDUM 1. Identification of Counsel:
a. Attorney for Plaintiff:
b. Attorney for Defendant:
2. Lacka.Co.R.C.P. 238 Confirmation of Settlement Offer and Response:
a. Date and amount of settlement offer(s):
b. Date and substance of response to settlement offer(s):
3. Insurance information:
a. Identity of insurance carrier:
b. Identity of insurance adjuster:
c. Policy limits:
d. Coverage issues (if any):
4. Statement of Facts and Legal Issues:
5. Injuries:
6. Calculation of Special Damages:
a. Wage loss (if any):
b. Medical bills (if any):
c. Other (explain):
7. Liens (if a lien has been asserted against all or part of any potential settlement, indicate the amount and entity making the claim, i.e. Worker's Compensation carrier, Department of Public Welfare, Health Insurance carrier, etc.):
8. Identification of Expert Witnesses:
a. For Plaintiff:
b. For Defendant:
9. Estimated Number of Trial Days:
10. Any additional issues which should be considered to facilitate the settlement of this matter:
FORM 8
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM PURSUANT TO LACKA.CO.R.C.P. 205.2(b) and 1143(a) You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Neighborhood Housing Services of Lackawanna County (570) 558-2490 or the United Neighborhood Centers of Northeastern Pennsylvania (570) 343-8835 to schedule an appointment. Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them. During that meeting, you must provide the housing counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you take these steps, the housing counselor will help you prepare and file a Request for Conciliation Conference with the Court. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender. If you and your lawyer complete a financial worksheet within forty (40) days of your receipt of this Notice, your lawyer will be able to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled. At that time, you and your lawyer will meet with a representative of your lender in an effort to work out reasonable arrangements with your lender.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
_______________________
Date [Signature of Counsel for Plaintiff]
FORM 9
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
REQUEST FOR CONCILIATION CONFERENCE Pursuant to the local rules governing the Lackawanna County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows:
1. Defendant is the owner of the property which is the subject of this mortgage foreclosure action;
2. Defendant lives in the subject property which is defendant's primary residence;
3. Defendant has been served with a ''Notice of Residential Mortgage Foreclosure Diversion Program'' and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference under Lacka.Co.R.C.P. 1143.1.
The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_______________________
Signature of Defendant/Defendant's Counsel Date
FORM 10
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
CASE MANAGEMENT ORDER
PURSUANT TO LACKA.CO.R.C.P. 1143.1(c)AND NOW, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference form verifying that the defendant/borrower has complied with the local rule requirements for the scheduling of a Conciliation Conference under Lacka.Co.R.C.P. 1143.1, it is hereby ORDERED and DECREED that
1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on ______ at 9:30 AM in the Jury Orientation Lounge, 1st Floor, Lackawanna County Court House;
2. At least fourteen (14) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender or its counsel a copy of the ''Lackawanna County Residential Mortgage Foreclosure Diversion Program Financial Worksheet'' (Form No. 14) which has been completed by the defendant/borrower in compliance with Lacka.Co.R.C.P. 1143.1. The failure to do so will result in the removal of this case from the Conciliation Conference schedule and the termination of the temporary stay of proceedings under Lacka.Co.R.C.P. 1034(b), 1035.2(b), 1143(d) or 3129.1(e);
3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participated in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with that authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representation of the plaintiff/lender at the rescheduled Conciliation Conference;
4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference.
BY THE COURT:
_________________
FORM 11
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
PURSUANT TO LACKA.CO.R.C.P. 1034 OR 1035.2You have been sued in this mortgage foreclosure action and your lender intends to promptly ask the court to enter judgment against you. The entry of judgment against you could cause you to lose your property in the near future.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Neighborhood Housing Services of Lackawanna County (570) 558-2490 or the United Neighborhood Centers of Northeastern Pennsylvania (570) 343-8835 to schedule an appointment. Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them. During that meeting, you must provide the housing counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you take these steps, the housing counselor will help you prepare and file a Request for Conciliation Conference with the Court. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before a judgment is entered against you.
If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender. If you and your lawyer complete a financial worksheet within forty (40) days of your receipt of this Notice, your lawyer will be able to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled. At that time, you and your lawyer will meet with a representative of your lender in an effort to work out reasonable arrangements with your lender.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
_______________________
[Signature of Counsel for Plaintiff] Date
FORM 12
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
PURSUANT TO LACKA.CO.R.C.P. 3129.1A judgment has been entered against you in this mortgage foreclosure action and your property is about to be listed for Sheriff's Sale.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to have the sale of your residence postponed so that you can participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Neighborhood Housing Services of Lackawanna County (570) 558-2490 or the United Neighborhood Centers of Northeastern Pennsylvania (570) 343-8835 to schedule an appointment. Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them. During that meeting, you must provide the housing counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you take these steps, the housing counselor will help you prepare and file a Request for Conciliation Conference with the Court. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before your house is listed for Sheriff's Sale.
If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender. If you and your lawyer complete a financial worksheet within forty (40) days of your receipt of this Notice, your lawyer will be able to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled. At that time, you and your lawyer will meet with a representative of your lender in an effort to work out reasonable arrangements with your lender.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
_______________________
Date [Signature of Counsel for Plaintiff]
FORM 13
: IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff (s) : : vs. : : : Defendant(s) : NO. ____ CIV ____
AFFIDAVIT PURSUANT TO LACKA.CO.R.C.P. 3129.1 I, _________________ , counsel for plaintiff in the above action, do hereby certify that on ______ , I served the ''Notice of Residential Mortgage Foreclosure Diversion Program'' upon defendant(s) or defendant's counsel and that:
[ ] More than 60 days have elapsed since the service of the Notice and, to the best of my knowledge, information and belief, defendant has not opted to participate in the diversion program by taking the affirmative steps required by the Notice.
[ ] Plaintiff(s) and defendant(s) have participated in a court-supervised conciliation conference, but the parties have been unable to resolve this matter and no further conciliation conferences have been scheduled.
Respectfully submitted
_______________________
Date [Plaintiff's Counsel]
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
