[43 Pa.B. 7246]
[Saturday, December 14, 2013]
[Continued from previous Web Page]
CUSTODY Rule C.P.L1915.3. Commencement of Action.
(a) In all cases involving claims for custody, partial custody, or visitation, a conference before the Court Hearing Officer shall be held except where the interest of justice would otherwise require.
(b) A proposed order shall be attached to the complaint or petition directing the Defendant to appear at a time and place specified. The proposed order shall be substantially in the form provided by Rule L1915.15(c).
(c) The Court Hearing Officer shall have authority to grant continuances.
(d) At any time during the course of the proceedings, the Court or the Court Hearing Officer, sua sponte or upon application of any party, may hold a status conference, in person or by any other means permitted by these rules, with counsel or with counsel and the parties in order to review the case status and expedite the litigation.
Rule C.P.L1915.4-2. Office Conference. Hearing. Parenting Program.
(a) Office Conference
(1) Except as otherwise provided for in this rule, the Court Hearing Officer shall conduct an initial conference in accordance with Pa.R.C.P. 1915.4-2(a).
(2) If the parties are unsuccessful in reaching an agreement during the initial conference with the Court Hearing Officer, the Court Hearing Officer shall prepare an appropriate Recommended Order directing the parties to attend and pay the cost of the ''Helping Your Children Cope With Divorce'' program referenced in subparagraph (c) of this rule or a comparable program, and, upon verification that at least one of the parties has completed the program, the Court Hearing Officer shall either,
(i) schedule a hearing before the Court Hearing Officer, or,
(ii) refer the matter to the Court Administrator to schedule a hearing before the Court on the issue of custody, shared custody, or legal custody.
(b) Hearing
When a partial custody or visitation hearing is scheduled to be held before the Court Hearing Officer, the Court Hearing Officer shall conduct a hearing and file a report in accordance with Pa.R.C.P. 1915.4-2(b).
(c) Seminar for Separating Parents in Contested Custody Matters
(1) In all divorce and custody proceedings and in such other cases as the Court shall direct, where the interest of children under the age of eighteen years are involved and an issue of custody or visitation remains disputed and unresolved following a conference before the Court Hearing Officer, the parties shall complete a seminar entitled ''Helping Your Children Cope With Divorce'' or a comparable program.
(2) Both parties shall attend the seminar prior to the date of the custody hearing.
(3) Any requests for an extension of time within which to complete the seminar shall be made to the Court Hearing Officer.
(4) The fee for the seminar shall be determined by the provider and must be paid prior to attendance. Any request for waiver or reduction of the fee shall be filed with the Court Hearing Officer and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship in accordance with Pa.R.C.P. No. 240, at least five days prior to the scheduled seminar.
(5) The requirements to attend the seminar may be waived if:
(i) the Court, on motion, determines that participation is not necessary or,
(ii) the parties select and participate in a comparable parenting education program.
(6) No hearing or trial shall be delayed or court action withheld because of the failure of one party to attend the seminar.
(7) Failure to comply with this rule may result in the dismissal of the action, striking of pleadings, or other appropriate remedy including sanction for contempt and attorney fees.
(8) Should a party fail to attend the seminar, the Court may sua sponte bring a contempt action against a non-complying party. A party who has complied with the rules shall not be required to either bring the contempt action or appear at any contempt proceedings.
(9) Copies of this rule and program description shall be available in the office of the Prothonotary, the Court Hearing Officer's office, and the office of the Court Administrator.
Rule C.P.L1915.15(c). Form of Notice and Order to Appear.
The order to be attached at the front of the complaint or petition for modification shall be in substantially the following form:
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
(FOREST) (WARREN) COUNTY BRANCH
CIVIL_________________ ,
Plaintiff In Custody
vs. No._________________ ,
Defendant
NOTICE AND ORDER TO APPEAR You, ______ , have been sued in Court to (obtain) (modify) custody, partial custody, or visitation of the following child(ren):
You are ordered to appear in person in ______
Room, (Forest) (Warren) County Courthouse, (Tionesta) (Warren), Pennsylvania, before the Court Hearing Officer, ______ on the _____ day of _____ , ____ , at _____ m. for the purpose of a conference to determine the disputed issues.You should not bring the child(ren) to the conference.
If you fail to appear as provided by this order, an order for custody, partial custody, or visitation may be entered against you or the Court may issue a warrant for your arrest.
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.
PA Lawyer Referral Services
PA Bar Association
100 South Street
Harrisburg, PA 17108
Phone (800) 692-7375
Northwestern Legal Services
First Niagara Bldg.,
4th Floor
315 Second Ave., Suite 401
Warren, PA 16365
Phone (800) 665-6957
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
FOR THE COURT
_________________
Court Hearing Officer
DIVORCE Rule C.P.L1920.33. Divorce Pre-trial Statements.
Any party failing to comply with Pa.R.C.P. 1920.33 is guilty of dilatory conduct and subject to sanction by awarding court costs and attorney fees.
Upon finding that a party has failed to comply with the requirements of Pa.R.C.P. 1920.33 concerning the filing of an inventory or the filing of a pre-trial statement, the Court Hearing Officer may continue the hearing and recommend to the Court an order of sanctions.
Rule C.P.L1920.51. Appointment of Court Hearing Officer, Notice of Hearing, Prehearing, and Continuances.
Rule C.P.L1920.51A. Appointment of Court Hearing Officer.
1. The Court may appoint by separate order the Court Hearing Officer who shall not engage in any private domestic relations matters and who shall serve at the pleasure of the Court.
2. The Court may appoint other attorneys to serve as specially appointed Court Hearing Officers in cases where it is not appropriate to appoint the permanent Court Hearing Officer. In such cases the Court shall attempt to appoint attorneys who have at least five years experience as practicing members of the Bar of this Court with emphasis or expertise in divorce and related matters.
3. All matters which may by statute or rule be referred to the Court Hearing Officer shall be heard by the Court Hearing Officer in the absence of a Court Order to the contrary.
4. The Court Hearing Officer shall have authority to grant continuances.
5. All actions for divorce under Section 3301(a), (b) and (d)(1)(ii) of the divorce code, actions for annulment, and claims for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs, expenses or any aspect thereof, shall be heard by the Court Hearing Officer in the absence of a Court Order to the contrary.
6. A motion for appointment of a Court Hearing Officer shall be substantially in the form prescribed by Form L1920.74 and shall be accompanied by a certificate that the moving party has complied with the filing requirements of PA R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 unless the moving party certifies that one or more of those rules is inapplicable. Motions for appointment of a Court Hearing Officer shall be filed in accordance with Local Rule L208. A Court Hearing Officer shall not be appointed unless and until the moving party has complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46, if applicable, unless the Court has made an order pursuant to Pa.R.C.P. 4019. A copy of the motion shall be filed with the permanent Court Hearing Officer.
Rule C.P.L1920.51B. Fees and Costs.
1. Fees and costs shall be paid to the Prothonotary as follows:
a. A deposit of $350 shall be due from the moving party at the time that a motion for the appointment of the Court Hearing Officer is filed. In the motion the moving party shall certify to the Court that these fees have been paid in full and the Prothonotary shall certify in writing on the face of the motion that the fees have been paid. No motion for the appointment of the Court Hearing Officer shall be filed until all of the fees in this rule have been paid to the Prothonotary.
b. The fees set forth in this rule shall be regarded as costs of the case and the Court Hearing Officer may recommend and/or the Court may order each party to pay his/her own costs or may order that the costs be divided equitably and paid by each party as may be deemed just and reasonable.
c. When the fees deposited with the Prothonotary are deemed insufficient to provide for the total services of the court reporter, the Court Hearing Officer may prepare a Recommended Order for submission to the Court requiring additional deposits. The Court Hearing Officer shall not be required to conduct additional hearings or proceed further in any respect until payment of additional deposits has been received by the Prothonotary.
2. Deposits in cases where someone other than the permanent Court Hearing Officer has been appointed shall be as set out in any appointing or other order and shall be held by the Prothonotary to be paid over as the Court may order to the Court Hearing Officer as a fee or returned to the parties, or otherwise. In such a case the specially appointed Court Hearing Officer shall file a petition or petitions for the payment of the Court Hearing Officer's fees detailing the time and services spent and rendered, and expenses incurred, all in compliance with local motions practice. The special Court Hearing Officer shall receive compensation as set by Court Order. The Prothonotary may pay the special Court Hearing Officer upon receipt of a bill approved by the parties or their attorneys without the necessity of a Court Order. Special Court Hearing Officers are not required to proceed until the court ordered deposit is paid in full.
3. Whenever a stenographic transcript is required, the Pennsylvania Rules of Judicial Administration shall apply. The Prothonotary shall pay the reporter upon receipt of a bill approved by the Court Hearing Officer or the Court.
Rule C.P.L1920.53D. Hearing Transcripts.
The Court Hearing Officer shall engage the services of a court reporter. The testimony shall be transcribed unless:
1. The parties waive transcription and the Court Hearing Officer concurs.
2. If a transcript is ordered by a party, that party shall arrange to pay for the transcript in accordance with the Rules of Judicial Administration and the cost of the transcript may be allocated to one or both of the parties by a court order.
FORM L1920.74
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
CIVIL ACTION-LAW_________________ ,
Plaintiff
vs. No. A. D. __ of___________________ ,
Defendant______ , Esq., for Plaintiff
______ , Esq., for Defendant
(of record or consulted)
MOTION FOR APPOINTMENT OF
COURT HEARING OFFICER
IN DIVORCEAND NOW, ______ , _____ , ______ moves the Court to appoint the Court Hearing Officer with respect to the following claims:
( ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states:
(1) Discovery is complete as to the claim(s) for which the appointment of the Court Hearing Officer is requested.
(2) The statutory ground(s) for divorce (is) (are)
__________
(a) If 3301(c), affidavit of consent filed by Plaintiff
______ , ______
(date)Defendant. ______ , ______
(date)(b) If 3301(d), Plaintiff's affidavit filed ______ ,
(date)Defendant's counter affidavit, if any, filed ______ ,
(date)(3) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
__________
(c) The action is contested with respect to the following claims: __________
(4) The action (involves) (does not involve) complex issues of law or fact.
(5) The hearing is expected to take _____ (hours) (days).
(6) The Complaint was filed ______ and served ______.
(7) Matters at issue under the pleadings which are not to be referred to the Court Hearing Officer: __________
__________
(8) Attached hereto is the completed form required by Pa.R.C.P. No. 1920.46.
(9) I hereby certify that Pa.R.C.P. No. 1920.31(a) is ____ applicable, _____ not applicable, and the income and expense statements have been filed as follows:
Plaintiff ______ Date __________
Defendant ______ Date __________
(10) I hereby certify that Pa.R.C.P. No. 1920.33(a) is ____ applicable ____ not applicable, and the inventories have been filed as follows:
Plaintiff ______ Date __________
Defendant ______ Date __________
(11) Approximate monthly take home income of:
Plaintiff ______ Date __________
Defendant ______ Date __________
(12) If applicable, approximate value of marital assets to be distributed:
From Plaintiff's inventory __________
From Defendant's inventory __________
(13) Approximate value of assets as to which there is a dispute as to whether they are marital assets: $ __________
(14) Additional information, if any, relevant to the motion: __________
(15) I hereby certify that all Court Hearing Officer's fees required to be paid have been paid.
Date: ______ ______
Attorney for: ______
ORDER APPOINTING
COURT HEARING OFFICERAND NOW, ______ , ______ Esq., is appointed Court Hearing Officer in respect to the following claims:
If not filed already the parties are ordered to file their pre-hearing statements within twenty (20) days from this date.
Per Curiam,
_________________
JudgeReceived of Plaintiff $ __________
______ ______
Prothonotary DateReceived of Defendant $ __________
______ ______
Prothonotary DateRule C.P.L1920.76.1. Incorporation of Agreement in Divorce Decree.
If the parties conclude a written agreement as to any or all ancillary matters and desire to have the agreement incorporated into the divorce decree the agreement to be so incorporated must be filed of record and the parties must stipulate in writing that they desire that the agreement be incorporated into the divorce decree. If the stipulation is included in the agreement itself, the praecipe to transmit the record shall refer to the paragraph and page number(s) of the agreement at which the stipulation may be found.
Rule C.P.L1930.7. Status Conference.
At any time in the proceedings, the court, the court's designee, the master or the Court Hearing Officer, sua sponte or upon application of any party, may hold a status conference, in person or by any other means permitted by these rules, with counsel or with counsel and the parties in order to review the case status and expedite the litigation.
MISCELLANEOUS Rules C.P.L2039, C.P.L2064, and C.P.L2206. Approval of compromises involving minors, incapacitated persons, wrongful death and survival actions.
1. Minor or incapacitated person's compromises:
Situs of the filing of the petition.
(a) Petitions for approval of settlements in cases where minors or incapacitated persons have an interest shall be filed with the Prothonotary if the underlying suit has been filed with the Prothonotary. If no suit has been filed, such petitions shall be filed with the Clerk of the Orphans' Court.
(b) Contents of petition. The petition shall be substantially in the form set forth hereunder, and shall:
(1) set forth the date of birth and social security number of the minor plaintiff or incapacitated person, the names and addresses of the minor's parents, the name of the plaintiff's guardian and the appointing court, the address of the plaintiff, and a factual recitation of the salient facts which form the bases of the cause of action;
(2) state the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, periodic and lump sum payments, and otherwise comply with Pa.R.C.P. 2039 and 2064;
(3) state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare;
(4) contain or be accompanied by the following:
(a) a written report of a physician setting forth the present condition of the minor or incapacitated person;
(b) a statement under oath by the guardian and, if appropriate, the parent(s), certifying (i) the present physical or mental condition of the minor or incapacitated person, and (ii) approval of the proposed settlement and distribution thereof;
(c) a statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and
(d) if there is to be an allocation between parents and children or incapacitated persons, or among children or other parties, the amounts allocated to each party and the specific reasons for such allocation must be set forth. In the event more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each plaintiff is to receive and shall provide justification for the requested allocation;
(e) in the event that a minor is sixteen (16) years of age or older, his or her written approval of the proposed settlement and distribution thereof.
(f) a proposed Order.
(g) Opinion of Guardian. When the minor or incapacitated person is represented by a guardian ad litem, the guardian ad litem shall submit a statement concerning his/her opinion as to the reasonableness of the proposed settlement and requested allocation of the gross settlement proceeds.
(h) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary certifying compliance with the court order, and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.
2. Petitions for Approval of Settlements in Wrongful Death/Survival Actions.
(a) When Required.
(1) Survival Action. Court approval of settlements in survival actions is always required.
(2) Wrongful Death. If the complaint only raised a wrongful death claim, court approval of settlements shall be required only where a minor or incapacitated person has an interest.
(3) Combined Wrongful Death and Survival Actions. If the complaint raised wrongful death and survival claims, court approval is required as to allocation between the categories notwithstanding the absence of minors or incapacitated persons, even if plaintiff requests that the entire proceeds be allocated entirely to the wrongful death claim.
(b) Situs of the Filing of the Petition. Petitions for Approval of Settlements in Wrongful Death or Survival Actions shall be filed with the Prothonotary if the underlying suit has been filed with the Prothonotary. If no suit has been filed, such petitions shall be filed with the Clerk of the Orphans' Court.
(c) Contents of Petition. The Petition shall be substantially in the form set forth hereunder, and shall:
(1) set forth the date of death of plaintiff-decedent, the name of the personal representative of the estate and the county of appointment. A copy of the Decree of the Register must be attached;
(2) state the terms of the settlement, including the specific allocation as between wrongful death and survival, name the wrongful death beneficiaries and the amount each is to receive, name the intestate heirs of Plaintiff-decedent as of the date the cause of action arose, state reasons why the settlement and allocation are reasonable, and otherwise comply with Pa.R.C.P. 2206. In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum payments.
(3) show compliance with Pa.R.C.P. 2205 and set forth the name, relationship and address of plaintiff-decedent's intestate heirs who must be served with a copy of the petition (as required by 20 Pa.C.S.A. § 2101, et. seq.)
(4) identify any other parties who may have a possible interest in plaintiff-decedent's estate, and list unpaid claims raised, or which are outstanding, in the decedent's estate;
(5) state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare; and
(6) attach a proposed order.
(d) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary substantially in the form set forth hereunder, certifying compliance with the court order and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.
3. Petitions for Allowance
(a) Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of Warren/Forest County shall be filed directly with such division. A copy of the order approving the settlement shall be attached to the petition.
(b) Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of a county other than Warren/Forest County, or by a different state, shall be filed directly with such appointing court. A copy of the order approving the settlement shall be attached to the petition.
(c) Petitions for Allowance in those cases where a guardian has not been appointed shall be filed with the Orphans' Court Division of the appropriate county or other state. A copy of the order approving the settlement shall be attached to the petition.
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
WARREN/FOREST COUNTY
CIVIL_________________ ,
Plaintiff
vs. No._________________ ,
Defendant
PETITION FOR LEAVE TO SETTLE OR COMPROMISE
MINOR'S ACTIONTo the Honorable, ______ the Judge of the said court:
The petition of ______ , a minor, by his guardian (see Pa.R.C.P. § 2028), by his attorney, ______ , Esq. respectfully requests:
1. Petitioner is (see Pa.R.C.P. 2026): __________
2. The minor was born on ______ and his/her social security number is __________
3. The minor resides with ______ at the following address: __________
4. A guardian (was) (was not) appointed for the minor as follows:__________
__________
A copy of the order is attached.
5. The minor's mother is ______ who resides at the following address: __________
6. The minor's father is ______ who resides at the following address: __________
7. The defendant is ______ who resides or whose principal place of business at all relevant times was _________________ .
8. On ______ , the minor sustained the following injuries at the following location (set forth in detail): __________
(If additional space is needed, please continue on separate page.)
A complaint was filed against defendant(s) as follows:
__________
Attached hereto is a report by Dr. ______ dated ______ which sets forth the present condition of the minor.
11. Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or guardian ad litem certifying the physical and/or mental condition of the minor, as well as the parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and distribution.
12. Attached hereto is the written approval of the proposed settlement and distribution by the minor, who is sixteen (16) years of age or older.
13. The following settlement has been proposed:
__________
__________
(If additional space is needed, please continue on separate page.)
14. Counsel is of the professional opinion that the proposed settlement is reasonable due to the following:
__________
__________
(If additional space is needed, please continue on separate page.)
15. Counsel has incurred the following expenses for which reimbursement is sought. (Please set forth in detail):
__________
__________
__________
(If additional space is needed, please continue on separate page.)
16. The following costs have been incurred by or on behalf of the minor and must be paid from the proceeds of the settlement:
__________
__________
__________
(If additional space is needed, please continue on separate page.)
17. The Department of Public Welfare, or any other entity, does (not) have a claim or lien against the plaintiff(s) as follows:
__________
__________
(If additional space is need, please continue on separate page.)
18. Counsel requests a fee in the sum of $ ______ which is _____ % of the net settlement payable to the minor. A copy of the retainer fee is attached.
19. Counsel (has) (has not) and (will) (will not) receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation).
20. The net settlement payable to the minor (after deduction of costs and attorney's fees) is $ ______ .
WHEREFORE, Petitioner requests that he/she be permitted to enter into the settlement recited above and that the Court enter an Order of Distribution as follows:
a. To _________________
$ ______Reimbursement for Costs
b. To _________________
$ ______c. To _________________
$ ______
Counsel feed. To: Adult Plaintiff(s) (if applicable)
_________________
$ ______e. To ______ , a minor, in restricted accounts not to be withdrawn before majority or upon leave of Court
$ ______OR
f. To ______ , the guardian of the estate of ______ , a minor, appointed or to be appointed by the Orphans' Court of _____ County, after posting appropriate security.
$ _______________________
Name of attorney
Attorney for petitioner
VERIFICATION I, ______ , am the petitioner in this action and hereby verify that the statements made in the foregoing petition to settle or compromise minor's action are true and correct to the best of my knowledge, information and belief.
I understand that the statements in said petition are made subject to the penalties of 18 Pa.C.S. § 4904 relat- ing to unsworn falsification to authorities.
_________________
Date Petitioner
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVILNo. of
ORDER APPROVING SETTLEMENT AND
ORDER FOR DISTRIBUTIONAND NOW, this _____ day of ______ , ____ , upon consideration of the Petition for Leave to Compromise a Minor's Action, filed ______ it is hereby ORDERED and DECREED that Petitioner is authorized to enter into a settlement with Defendant(s) ______ in the gross sum of ______ ($ ______) dollars. Defendant(s) shall forward all settlement drafts or checks to Petitioner's counsel for proper distribution.
IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as follows:
1. To: Minor Plaintiff(s)
Name Date of birth Social Security#
__________
$ ______
__________
$ ______
2. Adult Plaintiff(s)
__________
$ ______
__________
$ ______
IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as follows:
Name Date of birth Social Security#
__________
$ ______
a. To: _________________ , Esq.
$ ______Reimbursement costs
b. To: _________________
$ ______c. Costs to: _________________ , Esq.
$ ______Counsel fees
d. The balance, the sum of $ ______ payable to ______ , a minor, shall be distributed as follows:
OPTION 1 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 required by the Orphans' Court Division of ______ County pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate petition shall be filed with the Orphans' Court within thirty (30) days.
OPTION 2 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 Forest/Warren 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 and 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 titled and 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.
2. Adult Plaintiff
The portion of the settlement payable to _____ , an adult plaintiff named in the complaint, shall be distributed as follows:
To: _________________ , Esquire
$ ______Reimbursement of Costs
To: _________________
$ ______Costs
To: _________________, Esquire
$ ______Counsel Fees
To: _________________
$ ______
PlaintiffCounsel shall file with the Prothonotary within sixty (60) days from the date of this final order, 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 the Certificate of Deposit and/or bank account containing the required restrictions.
BY THE COURT
_________________
Judge
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL_________________
vs. No. of_________________
AFFIDAVIT I, ______ Esquire, hereby state and affirm that I have complied with the order issued on ____ by the Honorable ______ as follows:
Copies of bank accounts are attached hereto.
I verify that the statements in the affidavit are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_________________ ,Esq. ______
Attorney for Petitioner Date
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL_________________
vs. No. of_________________
PETITION TO SETTLE WRONGFUL DEATH
AND SURVIVAL ACTIONSTo the Honorable ______ , the Judge of the said court:
The petition of ______ , Administrator/Executor of the Estate of ______ , deceased, by his/her attorney, ______ , Esq., respectfully requests:
1. Petitioner is ______ who was appointed Administrator/Executor of the Estate of _____ , deceased, on ______ , ____ , by the Register of Wills of ______ County. A copy of the Decree of the Register is attached.
2. The plaintiff decedent died on ______ as a result of: [set forth relevant information describing the underlying negligence or cause of action as required by Forest/Warren Rule L ______]
(If additional space is needed, please continue on separate sheet).
3. Notice of the institution of the action as required by Pa.R.C.P. 2205 and Forest/Warren Rule L ______ was given on ______ to the following individuals:
Name Address
4. Pursuant to Forest/Warren Rule L ______ Petitioner has served a copy of this petition on the intestate heirs of plaintiff decedent (as provided in 20 Pa.C.S. § 2101 et seq.) who are as follows:
Name Relationship Address
5. Pursuant to Forest/Warren Rule L ______ Petitioner has served a copy of this petition on the following parties who may have a possible interest:
Name Relationship Address
6. Decedent (did) (did not) have a will. A copy is attached.
7. The following unpaid claims have been raised and/or are outstanding in the decedent's estate:
Creditor Amount due
8. A complaint was filed against defendant(s) as follows: __________
9. The following settlement has been proposed:
(If additional space is needed, please continue on a separate page).
10. Counsel is of the professional opinion that the proposed settlement is reasonable due to the following (state the reasons why in the professional opinion of counsel the settlement is proper): __________
11. Petitioner is of the opinion that the proposed settlement is reasonable.
12. Counsel has incurred the following expenses for which reimbursement is sought (Please set forth in detail): __________
(If additional space is needed, please continue on separate page).
13. Counsel requests counsel fees in the amount of $ ______ which represents ______ % of the net proceeds of the settlement.
14. Petitioner requests allocation of the net proceeds of the settlement (after deduction of costs and attorneys fees) as follows:
a. Wrongful Death Claim
$ ______
b. Survival
$ ______
15. The reasons for the requested allocation are as follows: __________
16. Pursuant to the Wrongful Death Statute (42 Pa.C.S. § 8301), the beneficiaries of the Wrongful Death claim, and the proportion of their interest, are as follows:
Name Amount due ______ $ ______ ______ $ ______ ______ $ ______ ______ $ ______ 17. The pecuniary loss suffered by the beneficiaries listed in Paragraph 15 is as follows: __________
(If additional space is needed, please continue on a separate page).
Wherefore, Petitioner requests that he/she be permitted into the settlement recited above, and that the Court enter an Order of Distribution as follows:
a. To: ______
$ ______Reimbursement for costs
b. To: ______
$ ______Costs
c. To: ______
$ ______Counsel fees
d. Wrongful Death Claim
i. To: Spouse; and/or
$ ______ii. To: Adult child(ren); and/or
$ ______iii. To: Minor child(ren) and/or incapacitated persons;
$ ______and/or
(a) in restricted accounts; or
$ ______(b) to the guardian of the minor(s) estate; and/or $ ______
iv. To: Parent(s)
$ ______e. Survival claim
To: ______ , Administrator/
Executor of the Estate of ______ ,
Deceased ______Respectfully submitted,
_________________
Attorney for Petitioner
VERIFICATION I, _________________ , am the Petitioner in this action and hereby verify that the statements made in the foregoing Petition to Settle or Compromise Minor's Action are true and correct to the best of my knowledge, information and belief.
I understand that the statement in said Petition are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_________________ ______
Petitioner Date
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL_________________
vs. No. of_________________
NOTICE To: _________________
(name of beneficiary)Date: _________________
You are hereby notified that, ______ , Administrator/Executor of the Estate of ______ , deceased has filed (or will file) on _____ , a Petition to Approve a Settlement of a Wrongful Death and Survival Action. A copy of that Petition is enclosed.
If you object to the proposed settlement and/or proposed distribution, you must submit your written objections on Response to the Petition on or before _____ , ____ , to the following address:
Prothonotary
Warren County Courthouse
204 Fourth Avenue
Warren, PA 16365
Prothonotary
Forest County Courthouse
Tionesta, PA 16353I hereby certify that the within Notice has been mailed to the above named individual(s) on the date set forth above.
_________________
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL_________________
vs. No. of_________________
ORDER AND NOW, this _____ day of ______ , _____ , upon consideration of the Petition to Compromise Wrongful Death and Survival Action filed on ______ , _____ , it is hereby ordered and decreed that Petitioner is authorized to enter into a settlement with Defendant(s) ______ , in the gross sum of ($ ______ ) dollars. Defendant(s) shall forward all settlement drafts or checks to Petitioner's counsel for proper distribution.
It is further ordered and decreed that the settlement proceeds are allocated as follows:
1. Wrongful Death
$ ______2. Survival Claim
$ ______It is further ordered and decreed that the settlement proceeds be distributed as follows:
1. To: ______ , Esq.
$ ______For costs
2. To: ______ , Esq.
$ ______For counsel fees
3. The Wrongful Death Claim in the sum of
$ ______
shall be paid as follows:a. To: Spouse; and/or
$ ______b. To: Adult Child(ren); and/or
$ ______c. To: Minor Child(ren) as provided hereunder
$ ______
OPTION 1 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 ______ County pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate petition shall be filed with the Orphans' Court within thirty (30) days.
OPTION 2 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 Forest/Warren 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 and restricted as follows:
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:
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.
d. To: Parent(s)
$ ______4. 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 the additional security as may be required by the Register of Wills of ______ County pursuant to 20 Pa.C.S. § 3323(b)(3) is posted.
Within sixty (60) days from the date of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.
BY THE COURT
_________________
Judgecc: Register of Wills of ______ County
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL_________________
vs. No. of_________________
AFFIDAVIT I, ______ Esq. hereby state and affirm that I have complied with the Order issued on _____
by the Honorable ______ as follows:Copies of bank accounts are attached hereto.
I verify that the statements in this affidavit are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
______ , Esq. ______
Attorney for Petitioner Date
TAX APPEALS Rule C.P.L5003. Appeals from Real Estate Assessment
The following rules shall apply to all appeals from a real estate assessment determined by the Board of Assessment Appeals (Board) of Warren or Forest County. These rules apply to all appeals taken following their effective date, and may be applied as appropriate to current appeals ninety (90) days after their effective date.
Definitions Board—the County Board of Assessment Appeals of Warren or Forest County.
Taxing Authority—municipalities, such as school districts, boroughs, townships, of Warren and Forest Counties.
Property Owner—the taxpayer, whether singular or plural, that owns the property which is the subject of an appeal.
Appraisal—an opinion of a qualified expert as to the value of property.
Date of Notification—date which is stamped on the decision of the Board.
Commercial Property—any property whose purpose is to generate income for its owner.
(a) Filing Instructions:
1. An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification by the Board.
2. Ten (10) days after filing the appeal the appellant shall serve a copy of the appeal on the Board and all affected taxing authorities or property owners by certified mail to the Board, to the property owner at his, her, its, or their registered address as shown on the tax records, and on the taxing districts at their business address.
3. Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.
4. For purposes of service or notice, an appellant or party may use the address provided to the Board as part of its proceedings.
5. The Board shall automatically be a party to any appeal unless it specifically declines that status in writing.
Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance within one hundred-twenty (120) days of the filing of the appeal. The entry of appearance shall be considered to deny the allegations in the appellant's petition, except for the names of the parties and the location of the taxable property. However, any party may plead additional material by way of answer or new matter, as appropriate, within (30) days of becoming a party.
(b) Contents of Appeal:
1. Names and addresses of the taxpayer and the taxing districts;
2. Identification of the property, including street address and tax parcel number;
3. Reason(s) for the appeal. For the purposes of this section, where a challenge is based on fair market value, it shall be sufficient to state that the assessment pursuant to the applicable State Tax Equalization Board, common level or predetermined ratio, is excessive. Where the challenge is based on uniformity as the basis for the appeal it shall be sufficient to state lack of uniformity as the basis for the appeal. Where a challenge is based on class certification for the purposes of a class action suit, the appellant shall state with specificity the alleged error of law or abuse of discretion committed by the Board of Assessment Appeals.
4. Photocopy of the decision or the Board, if any.
(c) Discovery Procedures:
1. The appellant shall provide the Board and the other parties entitled to notice of the appeal with a copy of appellant's appraisal within sixty (60) days of filing the appeal. The other parties shall then have ninety (90) days from the receipt of the appellant's appraisal to provide the appellant with a counter-appraisal. Any party may designate an appraisal submitted to the Board as its appraisal for the purposes of appeal. Appraisals must certify that the appraiser's fee is not contingent upon the results of the appeal.
2. Any party who fails to provide an appraisal within the time frame provided by this rule or by leave of court or within such time as may be agreed to by the parties will not be allowed to present evidence of valuation at trial. This rule shall not preclude the Board for presenting County records in support of its valuation. Such records shall be admissible in evidence as official records in accordance with the requirements of the Judicial Code, 42 Pa.C.S.A. § 6103. Further, this rule shall not preclude a homeowner from presenting his own opinion as to his property's value.
3. The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to all other parties within one hundred fifty (150) days of the appeal date.
4. Additional discovery shall be by leave of court only.
5. The matter shall be scheduled for trial before the assigned judge after the lapse of one hundred fifty (150) days from the appeal date. Any party may request an administrative conference at any time up to one hundred twenty (120) days after the appeal date.
6. Masters may be appointed in cases involving a voluminous record or particularly complex issues.
7. Time periods may be extended for cause shown.
(d) Class Action Appeal:
In all cases involving an appeal from class action certification, a full record shall be made before the Board of Assessment Appeals.
(e) Discontinuance:
The party filing the appeal may discontinue the appeal prior to the time set for the first exchange of appraisals. Thereafter, the appeal may be discontinued only with the agreement of all parties, or by leave of court.
(f) Tax Exemption Cases:
1. All appeals to court from a determination of the Board of Tax Assessment Appeals involving a claimed exemption from real estate tax shall be accompanied by the full and complete transcript of the hearing before the Board, together with all documentary evidence entered as part of that record and the Board's Findings of Fact and Conclusions of Law in support of its decision.
2. In any appeal to the Board or to Court involving a claimed exemption from real estate taxation, the property owner claiming tax exemption shall be subject to such relevant discovery by written interrogatories, deposition and production of documentary evidence as reasonably bears on the property owner's claim of tax exemption. Discovery shall be requested and completed within one hundred twenty (120) days from the requesting party's receipt of notice of the initial application to the Board. Except in cases where such discovery request has not been complied with prior to the Board's hearing, no additional discovery shall be permitted on appeal to Court from the Board's decision, except by leave of court.
Comment This rule specifically does not require simultaneous exchange of information; instead the entity filing an appeal should bear the initial expense and burden of producing an appraisal. This rule should then conserve resources by giving the respondent the opportunity to accept the appellant's appraisal as satisfactory before ordering his or its own appraisal.
[Pa.B. Doc. No. 13-2311. Filed for public inspection December 13, 2013, 9:00 a.m.]
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