FORM
3.2 Petition to Prevent Dissipation of Marital Assets
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
TO PREVENT DISSIPATION OF MARITAL ASSETS
Petitioner,
Husband, files this Petition for Injunctive Relief, and is support thereof,
avers as follows:
1.
Petitioner is the plaintiff in the above-captioned divorce action.
2.
Respondent is the defendant in the above-captioned divorce action.
3.
Husband filed a Complaint in Divorce on __________________, 20______,
requesting economic relief,
including
a request for equitable distribution.
4.
Husband has learned that Wife has redeemed Certificates of Deposit in the
amount of $20,000 which are marital
property.
5.
Based upon Wife's statements, Husband believes that Wife will either remove
these funds from the
Commonwealth
of Pennsylvania, spend the funds, or secret them in order to defeat his claim
to an equitable distribution
of
this marital property.
6. Husband
further believes that Wife will dissipate, alienate or encumber other marital
property of the parties.
7.
Section 3323(f) of the Divorce Code provides in relevant part:
In
all matrimonial causes, the court shall have full equity power and jurisdiction
and may issue
injunctions
or other orders which are necessary to protect the interests of the parties or
to effectuate the
purposes
of this part, and may grant such other relief or remedy as equity and justice
require against
either
party... .
8.
Section 3505(a) of the Divorce Code provides:
Where
it appears to the court that a party is about to leave the jurisdiction of the
court or is about to
remove
property of that party from the jurisdiction of the court or is about to
dispose of, alienate or
encumber
property in order to defeat equitable distribution, alimony pendente lite,
alimony, child and
spousal
support or a similar award, an injunction may issue to prevent the removal or
disposition and the
property
may be attached as prescribed by general rules.
9. Pennsylvania
Rule of Civil Procedure 1920.43(a) provides:
At
any time after the filing of the complaint, on petition setting forth the facts
entitling the party to
relief,
the court may, upon such terms and conditions as it deems just, including the
filing of security,
(1)
issue preliminary or special injunctions necessary to prevent the removal,
disposition, alienation
or
encumbering of real or personal property in accordance with Rule 1531(a), (c),
(d) and (e); or
(2)
order the seizure or attachment of real or personal property; or
(3)
grant other appropriate relief.
WHEREFORE,
Petitioner, Husband, respectfully requests that this Honorable Court grant the
within
Petition
for Injunctive Relief and enjoin and restrain Wife from encumbering,
dissipating, selling or
otherwise
alienating any and all marital assets of the parties.
Respectfully
submitted,
__________________
Attorney
for Husband
[Verification]
FORM
3.2A Order Restraining Dissipation of Marital Assets
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the
__________________'s
Petition for Injunctive Relief, it is hereby ORDERED and DECREED that
__________________
is hereby enjoined and restrained from encumbering, dissipating, selling or
otherwise alienating
any
and all marital assets of the parties, including but not limited to, the assets
in the __________________ Pension
Plan,
until further Order of the Court.
BY
THE COURT:
__________________
J.
FORM
3.3 Stipulation for Agreed Order (to Prevent Dissipation of Marital Property)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
STIPULATION
FOR AGREED ORDER
AND
NOW, this __________________ day of __________________, 20______, the parties
hereby stipulate and
agree
that neither party shall sell, transfer, convey, assign, alienate, encumber,
dissipate or otherwise transfer any
marital
assets without the written consent of the other party or Court Order. The
parties agree that this Stipulation shall
remain
in effect until further written agreement of the parties or Order of the Court.
This Stipulation is entered into
without
prejudice to the parties' rights in the pending action. Nothing herein is
intended to interfere with the daily
operations
of __________________, Inc., the business owned and operated by
__________________.
__________________
Plaintiff
__________________
Defendant
__________________
Plaintiff's
Attorney
__________________
Defendant's
Attorney
APPROVED
BY THE
COURT:
__________________
J.
FORM
3.4 Petition for Interim Exclusive Possession of Marital Residence
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO §
3502(c)
OF THE DIVORCE CODE
AND
NOW, this __________________ day of __________________, 20______, Petitioner,
__________________,
by and through his/her attorney, __________________, Esquire, files the within
Petition for
Interim
Exclusive Possession of Marital Residence, and in support thereof, avers as
follows:
1.
Petitioner is __________________, Plaintiff/Defendant in the above-captioned
divorce action. Petitioner (and
the
parties' children) reside at __________________ on a temporary basis.
2. Respondent
is __________________, Defendant/Plaintiff in the above-captioned divorce
action.
Plaintiff/Defendant
currently resides at __________________, the ``marital home.''
3.
The parties hereto were married on __________________, 20______, in __________________.
The parties are
the
parents of the following unemancipated children who reside with
__________________ __________________: (1)
__________________
(born __________________); (2) __________________ (born __________________);
(3) (born
__________________);
4.
On __________________, 20______, __________________ filed a Complaint in
Divorce against
__________________
in __________________ County, Pennsylvania.
5.
The marital home, where the parties' children have resided exclusively since __________________,
is owned by
the
parties as tenants by the entireties.
6.
Section 3502(c) of the Divorce Code states that ``the court may award, during
the pendency of the action or
otherwise,
to one or both of the parties the right to reside in the marital residence.''
7.
Section 3323(f) of the Divorce Code states that ``[i]n all matrimonial causes,
the court shall have full equity
power
and jurisdiction and may issue injunctions or other orders which are necessary
to protect the interests of the
parties
or to effectuate the purposes of this part and may grant such other relief or
remedy as equity and justice require
against
either party or against any third person over whom the court has jurisdiction
and who is involved in or
concerned
with the disposition of the cause.''
8.
The marital home is the only home the parties' children have ever known.
9.
Unless Plaintiff/Defendant and the parties' children are permitted interim
exclusive possession of the marital
home,
the mental and emotional health and welfare of Plaintiff/Defendant and the
children will be compromised.
10.
Plaintiff/Defendant has been the primary caretaker and nurturer of the parties'
children from the time of their
births
to the present.
11.
An award of interim exclusive possession of the marital home will avoid
uprooting the parties' children from
not
only the marital home, but also the social and community setting in which they
were thriving.
12.
Presently, Plaintiff/Defendant and the parties' children are living in an
apartment located in an alien
environment
which is further away from the children's school district, the family church,
and the children's activities
(for
soccer games, art lessons, etc.).
13.
Moreover, the children are currently residing outside of their school district,
and will not be able to attend their
respective
schools unless they continue to reside within the school district.
14.
Before Plaintiff/Defendant and the parties' children left the marital home on a
temporary basis,
Plaintiff/Defendant
engaged in a course of wrongful conduct which resulted in making the conditions
under which
Plaintiff/Defendant
and the parties' children were living both intolerable and unconscionable.
Illustrations of such
conduct
are the following:(a) __________________ was prohibited by __________________
from sleeping in her own
bed,
thereby forcing __________________ to sleep on the floor.(b) On over
__________________ occasions,
__________________
verbally abused and constantly nagged __________________ right before
bedtime.(c) Before
__________________
left the marital home on a temporary basis, __________________ told
__________________ on
a
number of occasions to pack up her belongings and leave the marital home or __________________
would throw
__________________
__________________ out.(d) Before __________________ left the marital home on a
temporary
basis, __________________ often directed vile and abusive language toward
__________________ and the
children.(e)
Before __________________ left the marital home on a temporary basis,
__________________ neglected
his/her
household and parental duties and obligations and ignored __________________
__________________ and the
children
entirely.(f) Before __________________ left the marital home on a temporary
basis, __________________
committed
sexual excess which insulted __________________ sensibilities. (g)
__________________'s aforesaid
conduct
has had an adverse medical and emotional effect on __________________ and the children.(h)
During the
parties'
marriage, __________________ has engaged in open and flagrant marital
misconduct, thereby subjecting
__________________
to an atmosphere of tension, stress and conflict.
WHEREFORE,
Petitioner, __________________, respectfully requests this Honorable Court
grant him/her and the
parties'
children interim exclusive possession of the marital home until the conclusion
of the divorce proceedings.
Respectfully
submitted,
__________________
Attorney
for Petitioner
[Verification]
IN THE
COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the within
Petition
for Interim Exclusive Possession of the Marital Residence filed by
__________________, and after hearing
thereon,
it is hereby ORDERED and DECREED that __________________ and the children are
granted interim
exclusive
possession of the marital residence located at __________________, and
__________________ is hereby
ordered
to vacate the property no later than __________________, __________________. M. on
__________________,
20______.
This order shall remain in effect until further order of the Court and is
without prejudice to the issue of
possession
and ownership of the home on a final basis as part of the equitable
distribution proceedings.
BY
THE COURT:
__________________
J.
FORM
3.5 Petition to Stay Mortgage Foreclosure
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
TO STAY MORTGAGE FORECLOSURE
__________________,
by and through his/her attorney, __________________, Esquire, files the within
Petition to
Stay
Mortgage Foreclosure, and in support thereof, avers as follows:
1.
Petitioner is __________________, the plaintiff/defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the plaintiff/defendant in the
above-captioned divorce action.
3.
__________________ has received a Notice of Intention to Foreclose from
__________________ Bank stating
that
the Bank intends to foreclose on the mortgage given by the parties with respect
to the marital residence. Attached
hereto
and made a part hereof as Exhibit ``A'' is a copy of the notice.
4.
The marital residence is owned by the parties as tenants by the entireties and
both parties signed the mortgage.
5.
__________________ does not have the current ability to make the mortgage
payments.
6.
__________________ and the parties' children have been living in the marital
residence for
__________________
years since the parties' separation.
7.
__________________ and the parties' children would be emotionally harmed and
injured if forced to vacate the
marital
residence at this time.
8.
__________________ has the financial ability to pay the mortgage and should be
ordered to do so.
9.
Section 3323(f) of the Divorce Code, as amended, permits this Honorable Court
to enter an Order granting
special
relief requested herein.
WHEREFORE,
__________________ respectfully requests that this Honorable Court grant the
within Petition to
Stay
Mortgage Foreclosure and enter the following specific remedies:
1.
Join __________________ Bank as a third-party defendant in the above-captioned
action.
2.
Stay any mortgage foreclosure proceedings instituted by __________________
Bank.
3.
Order __________________ to pay the existing mortgage during the pendency of
the divorce proceedings.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for
[Verification]
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of
__________________'s
Petition to Stay Mortgage Foreclosure, and after hearing thereon, it is hereby
ORDERED and
DECREED
that:
1.
__________________ Bank is joined as a third-party defendant in the
above-captioned action.
2.
__________________ Bank is stayed from foreclosing on the mortgage with
__________________ and
__________________
until further Order of this Court.
3.
__________________ shall pay the existing mortgage payment in the amount of $
____________until further
Order
of the Court.
BY
THE COURT:
__________________
J.
FORM
3.6 Petition for Interim Use of Personal Property
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
FOR INTERIM USE OF PERSONAL PROPERTY
Plaintiff/Defendant,
by and through his/her attorney, __________________ __________________,
Esquire, files
the
within Petition for Interim Use of Personal Property, and in support thereof,
avers as follows:
1.
Petitioner is __________________, the Plaintiff/ Defendant and the Respondent
is __________________ the
Defendant/Plaintiff
in the above-captioned divorce action.
2.
On __________________, 20______, the parties separated. __________________ left
the marital home located
at
__________________ __________________ and relocated to __________________.
3.
__________________ and the parties' minor children now reside permanently at
the __________________
address.
4.
__________________ occupies the marital residence by [himself/herself] and
currently enjoys the use of all of
the
personal property therein.
5.
__________________ will not permit __________________ to remove any of the
personal property items.
6.
Attached hereto and made a part hereof as Exhibit ``A'' is a reasonable listing
of those items of personal property
which
__________________ respectfully requests be used by him/her and their children
pending final determination of
his/her
economic claims.
WHEREFORE,
Petitioner, __________________, respectfully requests that this Honorable Court
grant the within
Petition
for Interim Use of Personal Property.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for
[Verification]
EXHIBIT
``A''
LIBRARY
LIVING
ROOM
DINING
ROOM
KITCHEN
ENTRANCE
HALL
MISCELLANEOUS
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the
__________________
Petition for Interim Use of Personal Property, it is hereby ORDERED and DECREED
that
__________________
shall return to __________________ the personal property listed on Exhibit
``A'' to this Order.
__________________
shall return these items to __________________ within twenty (20) days of the
date of this
Court
Order. This interim distribution of personal property is without prejudice to
the final determination in equitable
distribution.
BY
THE COURT:
__________________
J.
FORM
3.7 Petition for Appointment of a Receiver
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
FOR APPOINTMENT OF A RECEIVER
__________________,
by and through his/her attorney, __________________, Esquire, files the within
Petition for
Appointment
of a Receiver, and in support thereof, avers as follows:
1.
Petitioner is __________________, the plaintiff/defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the plaintiff/defendant in the
above-captioned divorce action.
3.
__________________ owns and operates __________________ __________________,
Inc., the parties' closely
held
family business.
4.
__________________ owns 100% of the common stock of __________________, Inc.
5.
__________________ acquired the stock during the marriage and the stock is
marital property.
6.
Although __________________ does not own any common stock titled in his/her
name, __________________
has
spent approximately __________________ hours per week for the last
__________________
__________________
years working in the business without any pay.
7.
__________________'s son/daughter is an employee of __________________, Inc.
who has informed
__________________
that __________________ has removed $ ____________ from the corporate bank
account
located
at __________________ Bank and placed those funds in an account in his/her own
name in a bank located
outside
the Commonwealth of Pennsylvania.
8.
__________________'s son/daughter has discovered that __________________
purchased a Porsche automobile
for
$ ____________ with corporate funds and financed a trip to Puerto Rico costing
$____________ with corporate
funds.
9.
Due to this misappropriation of funds by __________________, __________________
can no longer be trusted
to
manage the affairs of __________________, Inc. properly.
10.
A receiver should be appointed to operate the business on a day-to-day basis
during the pendency of the divorce
action.
11.
Section 3505(a) of the Divorce Code, as amended, permits this Honorable Court
to enter an Order granting the
special
relief requested herein.
WHEREFORE,
__________________ respectfully requests that this Honorable Court grant the
within Petition for
Appointment
of a Receiver.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for
[Verification]
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
IN
DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the within
Petition
for Appointment of Receiver, and after hearing thereon, it is hereby ORDERED
and DECREED that
__________________
is appointed as a receiver to operate __________________, Inc. during the
pendency of the
divorce
action. __________________ shall have all powers reasonably necessary to
operate the business. This Order
shall
remain in effect until further Order of this Court.
BY
THE COURT:
__________________
J.
FORM
3.8 Petition to Continue Insurance
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
TO CONTINUE INSURANCE
__________________,
by and through his/her attorney, __________________, Esquire, files the within
Petition to
Continue
Insurance, and in support thereof, avers as follows:
1.
Petitioner is __________________, the plaintiff/defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the plaintiff/defendant in the
above-captioned divorce action.
3.
Prior to the parties' separation, __________________ had maintained policies
insuring the life and health of
__________________
__________________.
4.
These policies were originally purchased during the marriage and are in the
effective control of
__________________.
5.
__________________ has threatened to cancel his/her life insurance policy and
receive the cash surrender value
of
said policy.
6.
__________________ has threatened to discontinue medical insurance for
__________________ and the
children.
7.
Said actions would be inappropriate in light of the intent of the Divorce Code.
8.
The life insurance policy is with __________________ Insurance Company, policy
number ____________, in
the
amount of $____________.
9.
The medical insurance policy is with __________________ Insurance Company,
policy number ____________.
10.
If __________________ has already terminated said policies, he/she should be
required to obtain comparable
coverage.
11.
Pursuant to Section 3502(d) the Court may:
Direct
the continued maintenance and beneficiary designation of existing policies
insuring the life or
health
of either party which were originally purchased during the marriage and owned
by or within the
effective
control of either party. Where it is necessary to protect the interests of a
party, the court may
also
direct the purchase of, and the beneficiary designations on, a policy insuring
the life or health of
either
party.
12.
Additional authority for entry of an order directing maintenance of health
insurance is provided by 23 Pa.
C.S.A.
§ 4324, which provides that where a complaint for support or alimony
pendent lite is pending, the Court may
direct
one spouse to provide health care coverage to the other where the coverage is
available as a benefit of
employment
or at a reasonable cost, and by 23 Pa. C.S.A. § 4326, which mandates
that health care coverage be provided
for
children where it is available at reasonable cost.
WHEREFORE,
__________________ respectfully requests that this Honorable Court grant the
within Petition to
Continue
Insurance.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for
[Verification]
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the within
Petition
to Continue Insurance, and after hearing thereon, it is hereby ORDERED and
DECREED that
__________________
shall maintain the existing life and health insurance policies for the benefit
of
__________________.
The life insurance policy is with __________________ Insurance Company, policy
number
____________,
and the health insurance policy is with __________________ Insurance Company,
policy number
____________
__________________. __________________ shall pay the premiums on these two
policies during the
pendency
of the divorce action. __________________ shall name __________________ as the
sole beneficiary of the
life
insurance policy. __________________ shall provide written documentation to
__________________ that he/she
has
paid the premiums each year and that he/she has designated __________________
as the sole beneficiary of the
said
policy. __________________ shall cooperate in the submission of any insurance
forms necessary to secure
payment
of all insurance benefits to __________________. Plaintiff/Defendant shall not
deposit any insurance checks
into
any of his/her accounts but shall turn over all such checks to
__________________ immediately and shall endorse
all
such checks payable to __________________.
BY
THE COURT:
__________________
J.
FORM
3.9 Emergency Petition for Special Relief as to the Sale of Marital Residence
to Prevent Foreclosure and
Interim
Disposition of Personal Property
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
EMERGENCY
PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO
PREVENT
FORECLOSURE AND INTERIM DISPOSITION OF PERSONAL PROPERTY
1.
Petitioner is __________________, the plaintiff/defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the plaintiff/defendant in the
above-captioned divorce action.
3.
Petitioner and respondent were married on __________________, 20 ______, in
__________________. During
the
marriage, petitioner and respondent acquired a residence at __________________
(the ``marital residence''),
together
with various items of personal property that are presently located in that
residence.
4.
Petitioner and respondent have been separated since __________________, 20
______ [if relevant, explain
circumstances
of separation, e.g., respondent moved into a separate bedroom in the marital
residence; respondent forced
petitioner
and their children to move out of the marital residence to live elsewhere].
5.
Since separation, respondent has occupied and had exclusive possession of the
marital residence.
6.
Respondent, who has the financial ability to pay, has stopped paying the
mortgage on the residence.
7.
As a result, the mortgage is in default and may be subject to foreclosure,
which would cause a dissipation of
marital
assets.
8.
The marital residence is a significant marital asset of the parties and, in
order to protect the marital estate, the
marital
residence must be sold before foreclosure occurs.
9.
The marital residence should be listed for sale immediately, with the parties
cooperating to accomplish the sale.
10.
The net proceeds of the sale should be placed in escrow pending the final
equitable distribution of the assets.
11.
Until such time as the marital residence is sold, respondent, who has the
financial ability to do so, should be
ordered
to pay the monthly mortgage and expenses with respect to said property.
12.
There are various items of personal property located in the marital residence
which should be divided between
the
parties on an interim basis without prejudice to the parties claims in the
final equitable distribution of the assets.
13.
Petitioner requests that respondent be enjoined from removing any item of
personal property from the residence
until
the interim distribution of personal property has been completed. Pending the
interim distribution of personal
property
in the marital residence, petitioner requests that respondent be enjoined from
removing any item of personal
property
from the residence.
WHEREFORE,
Petitioner requests that this Court enter an Order granting the Emergency
Petition for Special
Relief
as to the Sale of Marital Residence to Prevent Foreclosure and Interim
Disposition of Personal Property.
__________________
Attorney
for Petitioner
[Verification]
FORM
3.10 Petition for Maintenance of Beneficiary Designations of Existing Life and
Health Insurance Policies
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
PETITION
FOR MAINTENANCE OF BENEFICIARY DESIGNATIONS OF EXISTING LIFE AND
HEALTH
INSURANCE POLICIES
1.
Petitioner is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
COUNT
I
3.
Respondent is the owner of certain life insurance policies on his/her life of
which Petitioner [or the children, if
applicable]
is the beneficiary.
4.
These policies were acquired during the marriage.
5.
These policies are with [identify insurance companies and policy numbers].
6.
Petitioner believes that Respondent may remove Petitioner [or the children, if
applicable] as the beneficiary
thereof
or will otherwise change the beneficiary designation so as to deprive
Petitioner of the ability to receive death
benefits
payable under said policy or policies in the event of Respondent's death.
Petitioner requests that Respondent
maintain
these policies without change of beneficiary designation, and pay any and all
associated premiums on a timely
basis.
7.
Respondent should be ordered to provide Petitioner with copies of the insurance
policies, the beneficiary
designations,
and evidence that the premiums have been paid.
COUNT
II
8.
Respondent has certain policies of health insurance under which Petitioner and
the parties' children are covered.
9.
Petitioner believes that Respondent may remove Petitioner and the children from
said health insurance policies
which
would have the effect of depriving them of health insurance benefits.
10.
The health insurance coverage was acquired during the marriage.
11.
Without the health insurance coverage, Petitioner and the children could be
denied necessary medical care and
treatment
or could be liable for substantial costs for such treatment.
12.
Respondent should be ordered to maintain the health insurance policies for the
benefit of Petitioner and the
children
during the pendency of this action.
13.
Respondent should pay any associated premiums for the coverage, and provide Petitioner
with a copy of the
insurance
policies, confirmation that the premiums have been paid, and any forms
necessary to apply for coverage under
said
policies.
14.
Respondent should be ordered to cooperate and sign any documents necessary to
provide the health insurance
coverage
and benefits to Petitioner and the children.
__________________
Attorney
for Petitioner
[Verification]
FORM
3.11 Petition for Allowance of Entry Upon Marital Property for a Physical
Inspection and Appraisal
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
PETITION
FOR ALLOWANCE OF ENTRY UPON MARITAL PROPERTY FOR A PHYSICAL
INSPECTION
AND APPRAISAL
1.
Petitioner is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
3.
Respondent is the owner of real estate and personal property which are marital
property.
4.
Respondent's assets are substantial in value and need to be appraised.
5.
Petitioner requests allowance to inspect, measure, photograph, and/or videotape
the premises.
6.
Without the opportunity for Petitioner and/or his/her representative(s) to
inspect and appraise the premises,
his/her
ability to present fully the relevant testimony in the equitable distribution
proceedings will be impaired.
WHEREFORE,
Petitioner requests that this Court enter an Order granting the Petition for
Allowance of Entry
Upon
Marital Property for a Physical Inspection and Appraisal.
__________________
Attorney
for Petitioner
[Verification]
FORM
3.12 Petition for Contribution to Expenses of the Marital Residence
IN
THE COURT OF COMMON PLEAS
OF
__________________, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
PETITION
FOR CONTRIBUTION TO EXPENSES OF THE MARITAL RESIDENCE
1.
Petitioner is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
3.
The parties acquired the marital residence located at __________________ during
the marriage and said property
is
marital property. The marital residence requires substantial expenditures for
repairs and maintenance.
4.
To date, Petitioner has been paying all of the costs associated with the
marital residence and is providing the
necessary
physical labor required for the maintenance of the property.
5.
Petitioner has requested that Respondent share appropriately in the expenses of
the property but Respondent has
failed
and refused to do so.
6.
Petitioner requests that Respondent be ordered to contribute financially to the
costs associated with the marital
residence,
both as to costs previously expended and those costs reasonably required in the
future.
WHEREFORE,
Petitioner requests that this Court enter an Order granting his/her Petition
for Contribution to
Expenses
of the Marital Residence.
__________________
Attorney
for Petitioner
[Verification]
FORM
3.13 Petition for Joinder of Third Party
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
FOR JOINDER
1.
Petitioner is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the Plaintiff/Defendant in the
above-captioned divorce action.
3.
The parties' children are __________________, and __________________, (``the
children'').
4.
From the inception of the divorce action and continuing to date, Respondent has
embarked on a series of
fraudulent
and illegal transfers of property belonging to the marital estate to the
children. These fraudulent transfers
include,
but are not limited to, the following:a. The fraudulent and illegal transfer of
the real estate located at
__________________
to the children on __________________ [date];b. The fraudulent and
illegal transfer of
$____________
from __________________ Bank to the children on __________________ [date];c.
The fraudulent
and
illegal execution of [Name of legal document] allegedly transferring all
of Respondent's assets to the children on
__________________
[date];d. The fraudulent and illegal transfer of $____________ from the
Respondent's Pension
and
Profit-Sharing Plan to the children.
5.
Petitioner has good cause to believe that Respondent is now in the process of
attempting to transfer the remainder
of
the marital estate to the children to defeat Petitioner's claim for equitable
distribution.
6.
Petitioner has reason to believe that the children, intentionally or unknowingly,
may be aiding and abetting
Respondent
in an attempt to defeat Petitioner's claim for equitable distribution.
7.
The children claim an interest in property which is the subject matter of the
equitable distribution proceedings in
this
case.
8.
The children are indispensable parties to the equitable distribution
proceedings.
9.
The children should be joined as third-party defendants to the divorce action.
10.
Section 3323(f) of the Divorce Code and Pennsylvania Rule of Civil Procedure
1920.34 permit this Honorable
Court
to enter an Order granting the relief requested herein.
WHEREFORE,
Petitioner requests that this Court enter an Order granting his/her Petition
for Joinder.
__________________
Attorney
for Petitioner
[Verification]
FORM
3.14 Petition for the Return of Personal Property
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN DIVORCE
PETITION
FOR THE RETURN OF PERSONAL PROPERTY
Petitioner,
__________________, by and through his/her undersigned counsel, respectfully
files the within Petition
for
the Return of Personal Property, and in support thereof, avers as follows:
1.
Petitioner is __________________, the plaintiff/defendant in the
above-captioned divorce action.
2.
Respondent is __________________, the plaintiff/defendant in the
above-captioned divorce action.
3.
The parties were married on __________________ and separated on
__________________ when
__________________
left the marital residence located at __________________ and relocated to
__________________.
4.
On __________________, __________________ filed a Complaint in Divorce
asserting, inter alia, a claim for
equitable
distribution.
5.
On or about __________________, __________________ entered the marital
residence while
__________________
was away and without his/her knowledge. At that time, __________________
surreptitiously
removed
from the marital residence various items of personal property including [list
specific items].
6.
In order to maintain the status quo which has been in place since the date of
separation until final distribution of
the
marital property takes place, __________________ must be directed to return the
personal property he/she removed
from
the marital residence.
7.
Pursuant to Sections 3323(f) and 3505(a) of the Divorce Code, 23 Pa. C.S. §§
3323(f) and 3505(a), this Court is
empowered
to enter an order requiring that the personal property removed from the marital
residence be returned.
WHEREFORE,
Petitioner, __________________, respectfully requests this Honorable Court
enter an Order
granting
his/her Petition for the Return of Personal Property.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for __________________
[Verification]
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of
__________________
Petition for Return of Personal Property, it is hereby ORDERED and DECREED that
said
Petition
is GRANTED. __________________ is directed to return to the marital residence
within twenty (20) days of
the
date of this Court Order, the following items of personal property: [list
items]. It is further ordered that
__________________
is enjoined and restrained from removing any personal property from the marital
residence until
further
Order of this Court.
BY
THE COURT:
__________________
J.
FORM
3.15 Complaint for Specific Performance of Agreement and Other Legal and
Equitable Relief
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
COMPLAINT
FOR SPECIFIC PERFORMANCE OF AGREEMENT AND OTHER LEGAL AND
EQUITABLE
RELIEF
Plaintiff,
__________________, by and through her undersigned counsel, respectfully files
this Complaint for
Specific
Performance of Agreement and Other Legal and Equitable Relief and, in support
thereof, avers as follows:
1.
Plaintiff, __________________, is an adult individual residing at
__________________.
2.
Defendant, __________________, is an adult individual residing at
__________________.
COUNT
I PETITION TO ENFORCE AGREEMENT
3.
In or about [date], the parties entered into an oral agreement to live
together, to care for each other, and to
provide
a comfortable home and living for each other, as more fully described in this
Complaint.
4.
Under the parties' agreement, Plaintiff agreed to provide food, lodging,
clothing, medical care, laundry services,
and
other caretaking services to Defendant.
5.
Under the parties' agreement, Defendant promised Plaintiff that he would
provide financially for Plaintiff for the
rest
of his life, even after his death.
6.
The parties lived together according to their agreement for [] years until they
separated in [date].
7.
Plaintiff, at all times, fulfilled her promise under the agreement by
performing services for Defendant including,
but
not limited to, shopping, preparing meals, doing laundry and nursing Defendant
when he was ill.
8.
From [date], Defendant regularly promised Plaintiff that he would care for her
financially, that she need never
worry
financially, and that he would take care of all of her financial concerns.
Page
31
9.
From [date], Defendant paid for 100% of Plaintiff's living expenses, including,
but not limited to, food, clothing,
housing,
automobile, vacation and entertainment. Defendant also provided to Plaintiff
free access to his credit cards.
10.
Since separation, Defendant has revoked Plaintiff's charge card privileges and
has limited her weekly cash
payment
to $____________ per week.
11.
Defendant's net worth is estimated to be in excess of $____________, due, in
part, to Plaintiff's staunch support
and
devotion to securing Defendant's happiness over their __________________ year
relationship.
12.
In reliance upon the parties' agreement to live together and to provide a
comfortable home for each other,
Plaintiff
declined to pursue her own career so that she is lacking marketable skills, is
substantially unemployable, and
has
no savings or pension to rely upon for support as she approaches age
__________________. Plaintiff relied upon
Defendant
as her sole source of financial support since [date], pursuant to the parties'
agreement, which was reaffirmed
over
and over again by Defendant.
WHEREFORE,
Plaintiff requests that this Court specifically enforce Defendant's promise to
support Plaintiff and
order
Defendant to pay all of Plaintiff's expenses based upon their lifestyle
developed over the years, for the rest of
Plaintiff's
life, terminated only by cohabitation, marriage or Plaintiff's death, and order
Defendant to make similar
provisions
for Plaintiff's lifetime under his Will should Defendant predecease Plaintiff.
COUNT
II PETITION FOR CONSTRUCTIVE TRUST
13.
The allegations contained in the foregoing paragraphs are incorporated herein
as if set forth in full.
14.
Throughout the time that the parties lived together, they had a confidential
relationship in which Plaintiff
believed
that Defendant would always act in a manner consistent with her best interests.
15.
Defendant abused such confidential relationship and took advantage of the trust
of Plaintiff to obtain Plaintiff's
property
and earnings in his own name or for his own benefit.
16.
Defendant had no intention of furthering Plaintiff's financial best interests,
but instead, deliberately
misrepresented
his intentions to Defendant for the purpose of acquiring her savings,
securities, and other assets which
provided
to Plaintiff her only source of financial security.
17.
Specifically, Defendant dissipated Plaintiff's __________________ Account No.
____________ with a value of
__________________
as of __________________.
18.
Plaintiff did not authorize Defendant to manage her investment account.
19.
Plaintiff is entitled to reimbursement for the losses that she sustained as a
result of Defendant's unauthorized
trading
of her stock through the imposition of a constructive trust in the amount of
__________________, plus interest,
imposed
upon Defendant's assets so as to avoid unjust enrichment.
WHEREFORE,
Plaintiff respectfully requests that this Court enter an order directing that a
constructive trust in the
amount
of __________________, plus interest, be imposed upon Defendant's assets.
COUNT
III PETITION FOR ENFORCEMENT OF AGREEMENT RELATING TO GIFTS
20.
The allegations contained in the foregoing paragraphs are incorporated herein
as if set forth in full.
21.
Throughout their relationship, Defendant gifted to Plaintiff __________________
worth approximately
$____________.
22.
Such gifts constitute Plaintiff's sole and exclusive property.
WHEREFORE,
Plaintiff respectfully requests that this Court award to her sole ownership and
exclusive possession
of
said gifts.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for
[VERIFICATION]
FORM
4.3 Petition for Alimony Pendente Lite
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
RULE
TO SHOW CAUSE
AND
NOW, this __________________ day of __________________, 20______, upon consideration
of the within
Petition
for Court Order Awarding Alimony Pendente Lite, a RULE is granted upon
Respondent to show cause why the
relief
requested in said Petition should not be granted.
RULE
RETURNABLE, with hearing thereon, on the __________________ day of
__________________,
20______,
at ____________ o'clock __________________ in Courtroom __________________,
__________________
Courthouse,
__________________, Pennsylvania.
BY
THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the within
Petition
for Court Order Awarding alimony pendente lite and after hearing thereon, this
Court Orders the Respondent to
make
alimony pendente lite payments in the amount of $____________ per week
beginning this __________________
day
of __________________ __________________, 20______.
BY
THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR ALIMONY PENDENTE LITE
AND
NOW, the Petitioner, __________________, by and through his/her attorney,
__________________,
respectively
represents the following:
1. A
divorce proceeding between the Petitioner, __________________, and the
Respondent,
__________________,
was initiated on __________________.
2.
The Petitioner is unable to sustain himself/herself during the course of
litigation.
3.
The Petitioner lacks sufficient property to provide for his/her reasonable
needs and is unable to sustain
himself/herself
through appropriate employment.
4.
Plaintiff requests that this Court enter an award of alimony pendente lite
until the final hearing and thereupon to
enter
an award of alimony in his/her favor pursuant to Sections 3701(a) and 3702 of
the 1980 Pennsylvania Divorce
Code.
WHEREFORE,
Petitioner respectfully requests that this Court enter an award of alimony
pendente lite until final
hearing
and thereupon to enter an award of alimony in his/her favor pursuant to
Sections 3701(a) and 3702 of the 1980
Pennsylvania
Divorce Code, as amended.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for Petitioner
[Verification]
FORM
4.4 Income and Expense Statement
__________________
COUNTY, DOMESTIC RELATIONS SECTION
__________________
v. __________________ No. __________________
If
you are self-employed or if you are salaried by a business of which you are the
owner in whole or in part, you
must
also fill out the Supplemental Income Statement which appears on the last page
of this Income and Expense
Statement.
INCOME
AND EXPENSE STATEMENT OF:
Name
__________________
I
verify that the statements made in this Income and Expense Statement are true
and correct. I understand that false
statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to the unsworn falsification to
authorities.
Date:
____________
__________________
Plaintiff
or Defendant
INCOME
Employer
__________________
Address
__________________
Type
of Work __________________
Payroll
Number __________________
Pay
Period (weekly, biweekly, etc.) __________________
Gross
Pay per Pay $__________________
Period:
Itemized
Payroll Deductions:
Federal
Withholding $__________________
Social
Security __________________
Local
Wage Tax __________________
State
Income Tax __________________
Retirement
__________________
Savings
Bonds __________________
Credit
Union __________________
Life
Insurance __________________
Health
Insurance __________________
Other
(specify)
__________________
__________________
Net
Pay per Pay Period $__________________
Week
Month Year
OTHER
INCOME
(Fill
in appropriate column)
Interest
$__________________
$__________________
$__________________
Dividends_____________________________________________________
Pension______________________________________________________
Annuity______________________________________________________
Social
Security______________________________________________________
Rents______________________________________________________
Royalties______________________________________________________
ExpenseAccount
______________________________________
Gifts______________________________________________________
Unemployment
Comp.______________________________________________________
Workers'
Comp.______________________________________________________
________________________________________________________________________
TOTAL
$__________________
$__________________
$__________________
TOTAL
INCOME $____________________________________
EXPENSES
Total
Monthly
Self
Spouse and/or Children
Home
Mortgage/rent
$__________________
$__________________
$__________________
Maintenance______________________________________________________
Utilities______________________________________________________
Electric
______________________________________________________
Gas
______________________________________________________
Oil
______________________________________________________
Telephone
______________________________________________________
Water
_____________________________________________________
Sewer
______________________________________________________
Employment
PublicTransportation______________________________________________________
Lunch______________________________________________________
Taxes
Real Estate______________________________________________________
Personal
Property______________________________________________________
Income______________________________________________________
Insurance
Homeowners______________________________________________________
Automobile______________________________________________
Life
______________________________________________________
Accident______________________________________________________
Health______________________________________________________
Other______________________________________________________
Automobile
Payments______________________________________________________
Fuel
______________________________________________________
Repairs______________________________________________________
Licenses/Registration______________________________________________________
AutoClub______________________________________________________
Medical
Doctor
__________
________
__________
________
__________________
Dent
ist
__________
________
__________
________
__________________
Orthod
ontist
__________
________
__________
________
__________________
Hospital
__________
________
__________
________
__________________
Med
icine
__________
________
__________
________
__________________
Special
Nee
ds
(glas
__________
________
__________
________
__________________
ses,
brac
es,
orthop
edic
devi
ces)
Education
Priv
ate
Sch
ool
__________
________
__________
________
__________________
Parochial
Sch
ool
__________
________
__________
________
__________________
College
__________
________
__________
________
__________________
Religiou
s
__________
________
__________
________
__________________
Sch
ool
Lun
ches
__________
________
__________
________
__________________
Boo
ks/
Miscellane
ous
__________
________
__________
________
__________________
Personal
Clot
hing
__________
________
__________
________
__________________
Foo
d
__________
________
__________
________
__________________
Barb
er/
Hair
dres
ser
__________
________
__________
________
__________________
Person-
__________
________
__________
________
__________________
al
Care
Lau
ndry
/Dry
Clea
ning
__________
________
__________
________
__________________
Cred
it
Paymen
ts
__________
________
__________
________
__________________
Credit
Card __________
________
__________
________
__________________
Charge
Account
__________
________
__________
________
__________________
Me
mbe
rshi
ps
__________
________
__________
________
__________________
Hob
bies
__________
________
__________
________
__________________
Loans
or Debts
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
__________
________
__________
________
__________________
___
Miscellaneous
Hou
sehold
Help
__________
________
__________
________
__________________
Chil
d
Care
__________
________
__________
________
__________________
Cam
p
__________
________
__________
________
__________________
Pet
Expens
e
__________
________
__________
________
__________________
Papers/
Boo
ks/
Mag
azin
es
__________
________
__________
________
__________________
Entertainmen
t
__________
________
__________
________
__________________
Pay
TV
__________
________
__________
________
__________________
Vacatio
n
__________
________
__________
________
__________________
Gift
s
__________
________
__________
________
__________________
Legal
Fees
__________
________
__________
________
__________________
Char
itable
Cont
ributions
__________
________
__________
________
__________________
Religiou
__________
________
__________
________
__________________
s
Me
mbe
rshi
p
Chil
dren
Allowance
s
__________
________
__________
________
__________________
Other
Chil
d
Support
__________
________
__________
________
__________________
Alimon
y
Paymen
ts
__________
________
__________
________
__________________
Other
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
___
__________
________
__________
________
__________________
___
___
___
___
___
__________
________
__________
________
__________________
___
TOT
AL
EXPEN
SES
$_________
_________
$_________
_________
$__________________
__________
________
__________
________
__________________
__________________
PROPERTY
OWNED Ownership*
Description
Value HWJ
Real
Estate
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
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__
__
__
Mtg.
___________
_______
___________
_______
$__________
________
__
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__
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_______
___________
_______
$__________
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___________
_______
___________
_______
$__________
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______
___________
_______
___________
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$__________
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___________
_______
___________
_______
$__________
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__
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__
__
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__
__
__
__
__
__
__
Bank
Accounts
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
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__
__
__
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___________
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$__________
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$__________
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Securities
___________
_______
___________
_______
$__________
________
__
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$__________
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$__________
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Automobiles
___________
_______
___________
_______
$__________
________
__
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_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Other
Assets
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
___________ $__________ ______
_______
_______ ________ __
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
TOTAL
$_________________
_
__________________
INSURANCE
__________________
Coverage*
Company
Policy No. HWC
Hospital
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Medical
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Health/Accident
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Disability
Income
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Dental
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Other
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
___________
_______
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__________________
*H =
Husband; W = Wife; J = Joint; C = Child.
SUPPLEMENTAL
INCOME STATEMENT
(a)
This form is to be filled out by a person (check one):______ (1) who operates a
business or practices a
profession,
or______
(2) who is a member of a partnership or joint venture,
or______
(3) who is a shareholder in and is salaried by a closed corporation or similar
entity.
(b)
Attach to this statement a copy of the following documents relating to the
partnership, joint venture, business,
profession,
corporation or similar entity:
(1)the
most recent Federal Income Tax Return, and
(2)the
most recent Profit and Loss Statement.
(c)
Name of business: __________________Address and __________________
Telephone
Number __________________
(d)
Nature of Business (check one)
__(1)
partnership
__(2)
joint venture
__(3)
profession
__(4)
closed corporation
__(5)
other
(e)
Name of accountant, controller or other person in charge of financial records:
__________________
(f)
Annual income from business: __________________(1) How often is income
received?
__________________(2)
Gross income per pay period: __________________(3) Net income per pay period:
__________________(4)
Specified deductions, if any: __________________
FORM
4.5 Exceptions to Master's Recommendation (Record Proceeding)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
: IN SUPPORT
PLAINTIFF'S
EXCEPTIONS TO FINDINGS, RECOMMENDATIONS AND PROPOSED ORDER OF
SUPPORT
OF THE PERMANENT HEARING OFFICER
Plaintiff,
__________________, by his/her attorney, __________________ __________________,
Esquire,
excepts
to the Findings, Recommendations and Proposed Order of Support of the Honorable
__________________,
Permanent
Hearing Officer, dated __________________, 20______, as follows:
1.
The Master erred in determining that Defendant's net monthly income is
$__________________, in that the
Master
ignored testimony given by the Defendant himself.
2.
The Master erred [set forth specifics].
3.
Plaintiff reserves the right to file additional exceptions after receipt of the
transcript.
Respectfully
submitted,
By:
__________________
Attorney
for Plaintiff
cc:
Attorney for Defendant
Permanent
Hearing Officer
Official
Court Reporter
FORM
4.6 Exceptions to Master's Recommendation (Nonrecord Proceeding)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
EXCEPTIONS
TO RECOMMENDATION OF THE CONCILIATOR IN:
__________________
SUPPORT __________________ EQUITABLE DISTRIBUTION __________________
CUSTODY
__________________,
excepts to the recommendation of __________________ dated the
__________________
day
of __________________, 20______, and requests a hearing de novo.
I.D.
__________________
Counsel
for:
I.D.
__________________
Counsel
for:
__________________
__________________
__________________
ADDRESS
__________________
ADDRESS
ORDER
AND
NOW, this __________________ day of __________________, 20______, exceptions
having been filed to
the
recommendation of __________________, and a request for a hearing de novo, a
hearing is fixed for the
__________________
day of __________________, 20______, in Courtroom __________________ of the
__________________
County Courthouse at __________________ -. M.
BY
THE COURT:
__________________
COURT
ADMINISTRATOR
cc:
Court Administrator
Domestic
Relations
FORM
4.7 Stipulation for Agreed Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
STIPULATION
FOR AGREED ORDER OF SUPPORT
AND
NOW, this __________________ day of __________________, 20______, the
Plaintiff,
__________________,
and the Defendant, __________________, stipulate and agree as follows:
1.
Defendant, __________________, will pay to the Domestic Relations Section of __________________
County,
in
__________________, Pennsylvania, ($__________________) per __________________
for __________________
minor
child(ren) and/or spouse, namely: __________________
__________________.
2.
Defendant/Plaintiff is directed to provide medical coverage for
__________________ through his/her employer
or a
private carrier if available at a reasonable cost.
A
mandatory wage attachment will be issued immediately unless: The Defendant is
not in arrears in payment in an
amount
equal to or greater than one month's support obligation and (1) one of
the parties demonstrates, and the Court
finds,
that there is good cause not to require immediate income withholding; or (2)
a written agreement is reached
between
the parties which provides for an alternate arrangement.
The
parties will notify Domestic Relations Section in writing or by personal
appearance within seven (7) days of
any
change of employment, change of personal address or change of address of any
child receiving support. Willful
failure
to comply with this direction may cause a party to be adjudged in Contempt of
Court.
On
and after the date it is due, every support obligation shall constitute a
judgment against the Defendant by
operation
of law.
An
automatic review of this Order may occur after three (3) years from the date of
establishment of this Order or
upon
the filing of a petition for modification by either party.
Arrearage
balances may be reported to credit agencies.
The
Plaintiff and Defendant, by signature below, request the Court to make an Order
as indicated above, effective
the
__________________ day of __________________, 20______.
__________________
Plaintiff
__________________
Witness
__________________
Defendant
__________________
Witness
FORM
4.8 Petition to Modify
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
ORDER
OF COURT
You,
__________________, Respondent, have been sued in Court to modify an existing
support order. You are
ordered
to appear in person at __________________ on __________________ at
____________.M., for a conference/
hearing
and to remain until dismissed by the Court. If you fail to appear as provided
in this Order, an Order for
Modification
may be entered against you.
You
are further ordered to bring to the conference:
(1)a
true copy of your most recent Federal Income Tax Return, including W-2s, as
filed,
(2)your
pay stubs for the preceding six months,
(3)the
Income and Expense Statement attached to this order, completed as required by
Rule
1910.11(c),
(4)verification
of child care expenses, and
(5)proof
of medical coverage which you may have, or may have available to you.
THE
APPROPRIATE COURT OFFICER MAY MODIFY OR TERMINATE THE EXISTING
ORDER
IN ANY MANNER BASED UPON THE EVIDENCE PRESENTED.
Date
of Order:____________
__________________
J.
YOU
HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT
YOU.
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 MAY GET LEGAL HELP]. THIS OFFICE
CAN
PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A
LAWYER,
THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
__________________
(NAME)
__________________
(ADDRESS)
__________________
(TELEPHONE
NUMBER)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR MODIFICATION OF [TO VACATE]
SUPPORT
ORDER
The
petition of __________________ respectfully represents:
1.
Petitioner is __________________, who resides at __________________, and is
employed by
__________________.
2.
Respondent is __________________, who resides at __________________, and is
employed by
__________________.
3.
On the __________________ day of __________________, 20______, your Honorable
Court entered an Order
against
__________________ in the amount of $__________________ per week for the
support of [spouse and/or
minor
child(ren)]. A true and correct copy of the Order is marked Exhibit ``A'',
attached hereto, and made a part hereof.
4.
Petitioner is entitled to an [increase, decrease, modification, termination,
suspension or vacation] of this Order
because
of the following material and substantial change[s] in circumstance[s]: [state
changes]. A true and correct copy
of
the Order is marked Exhibit ``A,'' attached hereto, and made a part hereof.''
WHEREFORE,
Petitioner requests that the Court [increase, decrease, modify, terminate,
suspend or vacate] the
existing
order for support [and medical coverage and award filing fees, reasonable
attorney fees, necessary travel
expenses
and other reasonable expenses incurred by Petitioner and Petitioner's
witnesses].
By:
__________________
,
Esquire
Counsel
for Petitioner
[Verification]
FORM
4.8A Monthly Basic Child Support Schedule-Support Guidelines
The
following schedule sets forth the amounts spent on children in intact families
by combined income and number
of
children. Combined income is on the vertical axis of the schedule and number of
children is on the horizontal axis of
the
schedule. This schedule is used to find the basic child support obligation.
Unless otherwise provided in these rules,
the
obligor's share of the basic support obligation shall be computed using the
formula set forth in Part I of Rule
1910.16-4.
COMBINED
ADJUSTED
NET
INCOME
ONE
CHIL
D
TWO
CHIL
DRE
N
THR
EE
CHIL
DRE
N
FOU
R
CHIL
DRE
N
FIVE
CHIL
DRE
N
SIX
CHILDREN
0-800
50 50 50 50 50 50
850
92 93 94 95 96 97
900
137 138 140 141 143 144
950
182 184 186 188 190 192
1000
227 229 232 234 237 239
1050
271 275 278 281 284 287
1100
284 320 324 327 331 334
1150
296 366 370 374 378 382
1200
309 411 416 420 425 429
1250
322 455 462 467 472 477
1300
335 472 508 513 519 524
1350
348 490 554 560 566 572
1400
360 508 589 606 613 619
1450
373 526 610 653 660 667
1500
386 544 630 699 707 714
1550
397 560 648 723 754 762
1600
409 575 666 743 801 809
1650
421 591 684 763 839 857
1700
432 607 702 783 861 904
1750
444 623 720 803 883 952
1800
455 638 738 822 905 984
1850
467 654 756 842 927 1008
1900
479 670 773 862 949 1032
1950
490 685 790 881 969 1055
2000
501 700 807 900 990 1077
2050
512 715 824 918 1010 1099
2100
523 729 840 937 1031 1121
2150
534 744 857 955 1051 1143
2200
545 759 873 974 1071 1166
2250
557 774 890 992 1092 1188
2300
568 789 907 1011 1112 1210
2350
579 804 924 1030 1133 1233
2400
591 820 942 1051 1156 1257
2450
603 837 961 1071 1179 1282
2500
615 853 979 1092 1201 1307
2550
626 869 998 1113 1224 1332
2600
638 886 1017 1134 1247 1357
2650
650 902 1035 1154 1270 1381
2700
662 918 1054 1175 1292 1406
2750
674 935 1072 1196 1315 1431
2800
684 949 1088 1213 1335 1452
2850
694 962 1103 1230 1353 1472
2900
704 976 1118 1246 1371 1492
2950
714 989 1133 1263 1389 1511
3000
724 1003 1147 1279 1407 1531
3050
734 1016 1162 1296 1425 1551
3100
744 1029 1177 1312 1443 1570
3150
754 1043 1192 1329 1461 1590
3200
763 1054 1204 1342 1477 1607
3250
767 1059 1207 1346 1481 1611
3300
772 1063 1211 1350 1485 1616
3350
776 1068 1214 1354 1489 1620
3400
781 1072 1218 1358 1494 1625
3450
785 1077 1221 1362 1498 1630
3500
790 1081 1225 1365 1502 1634
3550
794 1086 1228 1369 1506 1639
3600
798 1090 1231 1373 1510 1643
3650
804 1096 1237 1380 1518 1651
3700
809 1103 1245 1388 1526 1661
3750
815 1110 1252 1396 1535 1670
3800
820 1117 1259 1403 1544 1680
3850
826 1123 1266 1411 1552 1689
3900
831 1130 1273 1419 1561 1699
3950
837 1137 1280 1427 1570 1708
4000
843 1144 1287 1435 1579 1717
4050
848 1151 1294 1443 1587 1727
4100
854 1158 1302 1452 1597 1738
4150
860 1165 1310 1461 1607 1748
4200
866 1173 1318 1469 1616 1759
4250
872 1180 1326 1478 1626 1769
4300
878 1187 1334 1487 1636 1780
4350
884 1194 1341 1496 1645 1790
4400
890 1202 1349 1504 1655 1800
4450
896 1209 1357 1513 1665 1811
4500
902 1216 1365 1522 1674 1821
4550
908 1224 1373 1531 1684 1832
4600
914 1231 1381 1539 1693 1842
4650
920 1238 1389 1548 1703 1853
4700
924 1243 1394 1554 1709 1860
4750
925 1245 1395 1555 1711 1861
4800
927 1246 1396 1557 1713 1863
4850
928 1248 1398 1558 1714 1865
4900
930 1249 1399 1560 1716 1867
4950
931 1251 1400 1561 1717 1869
5000
933 1253 1402 1563 1719 1870
5050
934 1254 1403 1564 1721 1872
5100
936 1256 1404 1566 1722 1874
5150
937 1257 1406 1567 1724 1876
5200
939 1259 1407 1569 1726 1877
5250
940 1261 1408 1570 1727 1879
5300
942 1262 1410 1572 1729 1881
5350
943 1264 1411 1573 1731 1883
5400
945 1265 1412 1575 1732 1885
5450
946 1267 1414 1576 1734 1886
5500
948 1268 1415 1578 1735 1888
5550
952 1273 1420 1583 1742 1895
5600
959 1283 1431 1595 1755 1909
5650
966 1292 1441 1607 1768 1923
5700
973 1302 1452 1619 1780 1937
5750
980 1312 1462 1630 1793 1951
5800
988 1321 1473 1642 1806 1965
5850
995 1331 1483 1654 1819 1979
5900
1002 1340 1494 1666 1832 1993
5950
1009 1350 1504 1677 1845 2007
6000
1016 1359 1515 1689 1858 2021
6050
1023 1369 1525 1701 1871 2035
6100
1030 1379 1536 1712 1884 2049
6150
1038 1388 1546 1724 1897 2063
6200
1045 1398 1557 1736 1909 2077
6250
1052 1407 1567 1748 1922 2092
6300
1059 1417 1578 1759 1935 2106
6350
1066 1426 1588 1771 1948 2120
6400
1072 1435 1597 1781 1959 2132
6450
1077 1441 1604 1788 1967 2140
6500
1082 1447 1610 1796 1975 2149
6550
1087 1454 1617 1803 1983 2158
6600
1092 1460 1624 1810 1991 2167
6650
1097 1466 1630 1818 1999 2175
6700
1102 1473 1637 1825 2008 2184
6750
1107 1479 1643 1832 2016 2193
6800
1112 1485 1650 1840 2024 2202
6850
1117 1491 1657 1847 2032 2211
6900
1122 1498 1663 1854 2040 2219
6950
1127 1504 1670 1862 2048 2228
7000
1132 1510 1676 1869 2056 2237
7050
1137 1517 1683 1876 2064 2246
7100
1142 1523 1690 1884 2072 2255
7150
1147 1529 1696 1891 2080 2263
7200
1152 1536 1703 1898 2088 2272
7250
1157 1542 1709 1906 2096 2281
7300
1162 1548 1716 1913 2104 2290
7350
1167 1555 1722 1921 2113 2298
7400
1172 1561 1729 1928 2121 2307
7450
1177 1567 1736 1935 2129 2316
7500
1182 1573 1742 1943 2137 2325
7550
1187 1580 1749 1950 2145 2334
7600
1192 1586 1755 1957 2153 2342
7650
1197 1592 1762 1965 2161 2351
7700
1202 1598 1768 1971 2169 2359
7750
1206 1604 1774 1978 2176 2367
7800
1210 1609 1780 1985 2183 2375
7850
1214 1615 1786 1992 2191 2384
7900
1219 1620 1792 1998 2198 2392
7950
1223 1626 1798 2005 2206 2400
8000
1227 1631 1804 2012 2213 2408
8050
1231 1637 1810 2019 2220 2416
8100
1235 1642 1816 2025 2228 2424
8150
1240 1648 1822 2032 2235 2432
8200
1244 1653 1828 2039 2243 2440
8250
1248 1659 1835 2045 2250 2448
8300
1252 1664 1841 2052 2257 2456
8350
1257 1670 1847 2059 2265 2464
8400
1261 1675 1853 2066 2272 2472
8450
1265 1681 1859 2072 2280 2480
8500
1269 1686 1865 2079 2287 2488
8550
1273 1692 1871 2086 2295 2496
8600
1278 1697 1877 2093 2302 2504
8650
1282 1703 1883 2099 2309 2513
8700
1286 1708 1889 2106 2317 2521
8750
1290 1714 1895 2113 2324 2529
8800
1295 1719 1901 2120 2332 2537
8850
1299 1725 1907 2126 2339 2545
8900
1303 1730 1913 2133 2346 2553
8950
1307 1736 1919 2140 2354 2561
9000
1311 1741 1925 2147 2361 2569
9050
1316 1747 1931 2153 2369 2577
9100
1320 1752 1937 2160 2376 2585
9150
1324 1758 1943 2167 2383 2593
9200
1328 1763 1949 2173 2391 2601
9250
1333 1769 1955 2180 2398 2609
9300
1337 1775 1961 2187 2406 2617
9350
1341 1780 1967 2194 2413 2625
9400
1345 1786 1973 2200 2420 2633
9450
1349 1791 1980 2207 2428 2642
9500
1354 1797 1986 2214 2435 2650
9550
1358 1802 1992 2221 2443 2658
9600
1362 1807 1996 2226 2449 2664
9650
1365 1811 2001 2231 2454 2670
9700
1369 1815 2005 2235 2459 2675
9750
1372 1819 2009 2240 2464 2681
9800
1376 1823 2013 2244 2469 2686
9850
1379 1827 2017 2249 2474 2692
9900
1383 1832 2021 2253 2479 2697
9950
1386 1836 2025 2258 2484 2702
10000
1390 1840 2029 2263 2489 2708
10050
1393 1844 2033 2267 2494 2713
10100
1397 1848 2037 2272 2499 2719
10150
1400 1852 2042 2276 2504 2724
10200
1404 1856 2046 2281 2509 2730
10250
1407 1860 2050 2285 2514 2735
10300
1411 1865 2054 2290 2519 2741
10350
1414 1869 2058 2295 2524 2746
10400
1418 1873 2062 2299 2529 2752
10450
1421 1877 2066 2304 2534 2757
10500
1425 1881 2070 2308 2539 2763
10550
1428 1885 2074 2313 2544 2768
10600
1432 1889 2078 2317 2549 2774
10650
1435 1894 2083 2322 2554 2779
10700
1439 1898 2087 2327 2559 2784
10750
1442 1902 2091 2331 2564 2790
10800
1446 1906 2095 2336 2569 2795
10850
1449 1910 2099 2340 2574 2801
10900
1453 1914 2103 2345 2579 2806
10950
1456 1918 2107 2349 2584 2812
11000
1460 1922 2111 2354 2589 2817
11050
1464 1927 2115 2359 2594 2823
11100
1467 1931 2119 2363 2599 2828
11150
1471 1935 2124 2368 2604 2834
11200
1474 1939 2128 2372 2610 2839
11250
1478 1943 2132 2377 2615 2845
11300
1481 1947 2136 2381 2620 2850
11350
1485 1951 2140 2386 2625 2856
11400
1488 1956 2144 2391 2630 2861
11450
1492 1960 2148 2395 2635 2866
11500
1495 1964 2152 2400 2640 2872
11550
1499 1968 2156 2404 2645 2877
11600
1502 1972 2160 2409 2650 2883
11650
1506 1976 2164 2413 2655 2888
11700
1509 1980 2169 2418 2660 2894
11750
1513 1984 2173 2423 2665 2899
11800
1516 1989 2177 2427 2670 2905
11850
1520 1993 2181 2432 2675 2910
11900
1523 1997 2185 2436 2680 2916
11950
1527 2001 2189 2441 2685 2921
12000
1530 2005 2193 2445 2690 2927
12050
1534 2009 2197 2450 2695 2932
12100
1537 2013 2201 2455 2700 2938
12150
1541 2018 2205 2459 2705 2943
12200
1544 2022 2210 2464 2710 2948
12250
1548 2026 2214 2468 2715 2954
12300
1551 2030 2218 2473 2720 2959
12350
1555 2034 2222 2477 2725 2965
12400
1558 2038 2226 2482 2730 2970
12450
1562 2042 2230 2486 2735 2976
12500
1565 2046 2234 2491 2740 2981
12550
1569 2051 2238 2496 2745 2987
12600
1572 2055 2242 2500 2750 2992
12650
1576 2059 2246 2505 2755 2998
12700
1579 2063 2251 2509 2760 3003
12750
1583 2067 2255 2514 2765 3009
12800
1586 2071 2259 2518 2770 3014
12850
1590 2075 2263 2523 2775 3020
12900
1593 2080 2267 2528 2780 3025
12950
1597 2084 2271 2532 2785 3030
13000
1600 2088 2275 2537 2790 3036
13050
1604 2092 2279 2541 2795 3041
13100
1607 2096 2283 2546 2800 3047
13150
1611 2100 2287 2550 2805 3052
13200
1614 2104 2291 2555 2811 3058
13250
1618 2108 2296 2560 2816 3063
13300
1622 2113 2300 2564 2821 3069
13350
1625 2117 2304 2569 2826 3074
13400
1629 2121 2308 2573 2831 3080
13450
1632 2125 2312 2578 2836 3085
13500
1636 2129 2316 2582 2841 3091
13550
1639 2133 2320 2587 2846 3096
13600
1643 2137 2324 2592 2851 3102
13650
1646 2142 2328 2596 2856 3107
13700
1650 2146 2332 2601 2861 3113
13750
1653 2150 2337 2605 2866 3118
13800
1657 2154 2341 2610 2871 3123
13850
1660 2158 2345 2614 2876 3129
13900
1664 2162 2349 2619 2881 3134
13950
1667 2166 2353 2624 2886 3140
14000
1671 2170 2357 2628 2891 3145
14050
1674 2175 2361 2633 2896 3151
14100
1678 2179 2365 2637 2901 3156
14150
1681 2183 2369 2642 2906 3162
14200
1685 2187 2373 2646 2911 3167
14250
1688 2191 2378 2651 2916 3173
14300
1692 2195 2382 2656 2921 3178
14350
1695 2199 2386 2660 2926 3184
14400
1699 2203 2390 2665 2931 3189
14450
1702 2208 2394 2669 2936 3195
14500
1706 2212 2398 2674 2941 3200
14550
1709 2216 2402 2678 2946 3205
14600
1713 2220 2406 2683 2951 3211
14650
1716 2224 2410 2687 2956 3216
14700
1720 2228 2414 2692 2961 3222
14750
1723 2232 2418 2697 2966 3227
14800
1727 2237 2423 2701 2971 3233
14850
1730 2241 2427 2706 2976 3238
14900
1734 2245 2431 2710 2981 3244
14950
1737 2249 2435 2715 2986 3249
15000
1741 2253 2439 2719 2991 3255
15050
1806 2319 2493 2780 3058 3327
15100
1811 2325 2498 2785 3064 3334
15150
1816 2330 2503 2791 3071 3341
15200
1821 2336 2509 2797 3077 3348
15250
1826 2342 2514 2803 3084 3355
15300
1831 2347 2519 2809 3090 3362
15350
1836 2353 2525 2815 3097 3369
15400
1841 2359 2530 2821 3103 3376
15450
1846 2364 2535 2827 3110 3383
15500
1851 2370 2541 2833 3116 3390
15550
1856 2375 2546 2839 3123 3397
15600
1861 2381 2551 2845 3129 3404
15650
1866 2387 2557 2851 3136 3411
15700
1871 2392 2562 2856 3142 3419
15750
1876 2398 2567 2862 3149 3426
15800
1881 2404 2572 2868 3155 3433
15850
1886 2409 2578 2874 3162 3440
15900
1891 2415 2583 2880 3168 3447
15950
1896 2420 2588 2886 3175 3454
16000
1901 2426 2594 2892 3181 3461
16050
1906 2432 2599 2898 3188 3468
16100
1911 2437 2604 2904 3194 3475
16150
1916 2443 2610 2910 3201 3482
16200
1921 2449 2615 2916 3207 3489
16250
1926 2454 2620 2921 3214 3496
16300
1931 2460 2625 2927 3220 3503
16350
1936 2466 2631 2933 3227 3511
16400
1941 2471 2636 2939 3233 3518
16450
1946 2477 2641 2945 3240 3525
16500
1951 2482 2647 2951 3246 3532
16550
1956 2488 2652 2957 3253 3539
16600
1961 2494 2657 2963 3259 3546
16650
1966 2499 2663 2969 3266 3553
16700
1971 2505 2668 2975 3272 3560
16750
1976 2511 2673 2981 3279 3567
16800
1981 2516 2678 2986 3285 3574
16850
1986 2522 2684 2992 3292 3581
16900
1991 2527 2689 2998 3298 3588
16950
1996 2533 2694 3004 3305 3595
17000
2001 2539 2700 3010 3311 3603
17050
2006 2544 2705 3016 3318 3610
17100
2011 2550 2710 3022 3324 3617
17150
2016 2556 2716 3028 3331 3624
17200
2021 2561 2721 3034 3337 3631
17250
2026 2567 2726 3040 3344 3638
17300
2031 2572 2731 3046 3350 3645
17350
2036 2578 2737 3052 3357 3652
17400
2041 2584 2742 3057 3363 3659
17450
2046 2589 2747 3063 3370 3666
17500
2051 2595 2753 3069 3376 3673
17550
2056 2601 2758 3075 3383 3680
17600
2061 2606 2763 3081 3389 3687
17650
2066 2612 2769 3087 3396 3694
17700
2071 2618 2774 3093 3402 3702
17750
2076 2623 2779 3099 3409 3709
17800
2081 2629 2784 3105 3415 3716
17850
2086 2634 2790 3111 3422 3723
17900
2091 2640 2795 3117 3428 3730
17950
2096 2646 2800 3122 3435 3737
18000
2101 2651 2806 3128 3441 3744
18050
2106 2657 2811 3134 3448 3751
18100
2111 2663 2816 3140 3454 3758
18150
2116 2668 2822 3146 3461 3765
18200
2121 2674 2827 3152 3467 3772
18250
2126 2679 2832 3158 3474 3779
18300
2131 2685 2838 3164 3480 3786
18350
2136 2691 2843 3170 3487 3794
18400
2141 2696 2848 3176 3493 3801
18450
2146 2702 2853 3182 3500 3808
18500
2151 2708 2859 3187 3506 3815
18550
2156 2713 2864 3193 3513 3822
18600
2161 2719 2869 3199 3519 3829
18650
2166 2725 2875 3205 3526 3836
18700
2171 2730 2880 3211 3532 3843
18750
2176 2736 2885 3217 3539 3850
18800
2181 2741 2891 3223 3545 3857
18850
2186 2747 2896 3229 3552 3864
18900
2191 2753 2901 3235 3558 3871
18950
2196 2758 2906 3241 3565 3878
19000
2201 2764 2912 3247 3571 3886
19050
2206 2770 2917 3253 3578 3893
19100
2211 2775 2922 3258 3584 3900
19150
2216 2781 2928 3264 3591 3907
19200
2221 2786 2933 3270 3597 3914
19250
2226 2792 2938 3276 3604 3921
19300
2231 2798 2944 3282 3610 3928
19350
2236 2803 2949 3288 3617 3935
19400
2241 2809 2954 3294 3623 3942
19450
2246 2815 2959 3300 3630 3949
19500
2251 2820 2965 3306 3636 3956
19550
2256 2826 2970 3312 3643 3963
19600
2261 2831 2975 3318 3649 3970
19650
2266 2837 2981 3323 3656 3977
19700
2271 2843 2986 3329 3662 3985
19750
2276 2848 2991 3335 3669 3992
19800
2281 2854 2997 3341 3675 3999
19850
2286 2860 3002 3347 3682 4006
19900
2291 2865 3007 3353 3688 4013
19950
2296 2871 3012 3359 3695 4020
20000
2301 2877 3018 3365 3701 4027
FORM
4.9 Support Guideline Computation Chart
PART
I. BASIC CHILD SUPPORT
OBLIGOR
OBLIGEE
1.
Total Gross Income
per
Pay Period
________
________
__
__________
________
2.
Less Deductions (________
________
__)
(_________
_________)
3.
Net income ________
________
__
__________
________
4.
Conversion to
Monthly
Amount (if
pay
period is other
than
monthly)
__________
________
5.
Combined Total
Monthly
Net Income
__________________
6.
BASIC CHILD
SUPPORT
OBLIGATION
(Determine
either
from
Schedule based
on
number of children
and
line 5 combined
monthly
net
income
OR from
Chart
by finding proportion
of
combined
income
spent on the
children)
__________________
%
7.
Net Income Ex- ________ __________
pressed
as a Percentage
Share
of Income
(Divide
line 4 by line
5
and multiply by
100)
________
__
________
8.
Each Parent's
Monthly
Share of the
Basic
Child Support
Obligation
(Multiply
line
6 by line 7)
________
________
__
__________
________
PART
II. SUBSTANTIAL or SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICANT (See
subdivision
(c) of this Rule)
9.
(a) Percentage of Time
Spent
with Children
(Divide
number of
overnights
with obligor
by
365 and multiply by
100)
____________
______%
(b)
Subtract 30% ____________
______%
(c)
Obligor's Adjusted Percentage
Share
of the
Basic
Monthly Support
Obligation
(Subtract
line
9b from line 7)
____________
______%
(d)
Obligor's Adjusted
Share
of the Basic
Monthly
Support Obligation
(Multiply
line 9c
by
line 6)
____________
______
(e)
Further adjustment, if
necessary,
under subdivision
(c)(2)
of this
Rule
____________
______
PART
III. ADDITIONAL EXPENSES (See Rule 1910.16-6)
10.
(a) Obligor's share of child care expenses
(b)
Obligor's share of
health
insurance premium,
if
obligee is paying
the
premium
____________
______
(c)
Less obligee's share of
the
health insurance
premium,
if obligor is
(___________
_______)
paying
the premium
(d)
Obligor's share of unreimbursed
medical
expenses
____________
______
(e)
Other additional expenses
____________
______
(f)
Total Additional Expenses
____________
______
PART
IV. SPOUSAL SUPPORT OR APL
With
Dependent Children
11.
Obligor's Monthly Net
Income
(Line 4)
__________________
12.
Less Obligee's
Monthly
Net Income (Line
4)
(__________________)
13.
Difference __________________
14.
Less Obligor's Total
Child
Support Obligation
(Line
11)
(__________________)
15.
Difference __________________
16.
Multiply by 30%
1.30
__________________
17.
AMOUNT OF MONTHLY SPOUSAL SUPPORT
OR
APL
Without
Dependent Children
18.
Obligor's Monthly Net
Income
(Line 4)
__________________
19.
Less Obligee's
Monthly
Net Income (Line
4)
(__________________)
20.
Difference __________________
21.
Multiply by 40%
1.40
__________________
22.
AMOUNT OF MONTHLY SPOUSAL SUPPORT
OR
APL
PROPORTION
OF NET INCOME SPENT
ON
CHILDREN BY COMBINED INCOME LEVEL
Children
$423-$1,
058
$1,059-$
1,481
$1,482-$
1,905
$1,906-$
2,328
$2,329-$
2,751
$2,752-$3,174
1.
$104
plus
24.32%
above
$423
$258,
plus
22.67%
above
$1,059
$354,
plus
22.72%
above
$1,482
$451,
plus
22.32%
above
$1,906
$545,
plus
21.39%
above
$2,329
$636,
plus
11.47%
above
$2,752
2.
$152,
plus
35.44%
above
$423
$377,
plus
32.68%
above
$1,059
$515,
plus
32.77%
above
$1,482
$654,
plus
31.70%
above
$1,906
$788,
plus
31.41%
above
$2,329
$921,
plus
16.16%
above
$2,752
3.
$180,
plus
41.93%
above
$423
$446,
plus
38.34%
above
$1,059
$609,
plus
38.47%
above
$1,482
$772,
plus
36.69%
above
$1,906
$927plus
37.49%
above
$2,329
$1,085
plus
18.62%
above
$2,752
4.
$199,
plus
46.33%
above
$423
$493,
plus
42.37%
above
$1,059
$673,
plus
42.50%
above
$1,482
$853,
plus
40.54%
above
$1,906
$1,024,
plus
41.42%
above
$2,329
$1,199,
plus
20.58%
above
$2,752
5.
$216,
plus
50.22%
above
$423
$535,
plus
45.92%
above
$1,059
$729,
plus
46.08%
above
$1,482
$924,
plus
43.94%
above
$1,906
$1,110
plus
44.90%
above
$2,329
$1,300
plus
22.30%
above
$2,752
6.
$231,
plus
53.74%
above
$423
$572,
plus
49.14%
above
$1,059
$780,
plus
49.30%
above
$1,482
$989,
plus
47.02%
above
$1,906
$1,188,
plus
48.04%
above
$2,329
$1,39
plus
23.87%
above
$2,752
Children
$3,175-$
3,598
$3,599-$
4,021
$4,022-$
4,656
$4,657-$
5,502
$5,503-$
6,349
1.
$684,
plus
7.20%
above
$3,175
$715,
plus
17.74%
above
$3,599
$790,
plus
14.14%
above
$4,022
$879
plus
13.79%
above
$4,657
$996,
plus
13.75%
above
$5,503
2.
$989,
plus
11.89%
above
$3,175
$1,040
plus
22.97%
above
$3,599
$1,137,
plus
20.44%
above
$4,022
$1,267,
plus
19.70%
above
$4,657
1,434,
plus
19.74%
above
$5,503
3.
$1,164,
plus
10.21%
above
$1,207,
plus
29.49%
above
$1,332,
plus
23.99%
above
$1,485,
plus
22.92%
above
$1,679,
plus
23.11%
above
$3,175
$3,599 $4,022 $4,657 $5,503
4.
$1,286,
plus
11.28%
above
$3,175
$1,334,
plus
32.59%
above
$3,599
$1,472,
plus
26.51%
above
$4,022
$1,640,
plus
25.32%
above
$4,657
$1,855,
plus
25.54%
above
$5,503
5.
$1,395,
plus
12.22%
above
$3,175
$1,446,
plus
35.33%
above
$3,599
$1,596,
plus
28.74%
above
$4,022
$1,778,
plus
27.45%
above
$4,657
$2,011,
plus
27.68%
above
$5,503
6.
$1,492,
plus
13.08%
above
$3,175
$1,548,
plus
37.80%
above
$3,599
$1,708,
plus
30.75%
above
$4,022
$1,903,
plus
29.37%
above
$4,657
$2,151,
plus
29.62%
above
$5,503
Children
$6,350-$
7,195
$7,196-$
8,042
$8,043-$
10,581
$10,582-
$12,697
$12,698-
$15,000
1.
$1,113,
plus
13.57%
above
$6,350
$1,227,
plus
7.05%
above
$7,196
$1,287,
plus
15.99%
above
$8,043
$1,693
plus
7.51%
above
$10,582
$1,852,
plus
7.97%
above
$12,698
2.
$1,601,
plus
20.37%
above
$6,350
$1,773,
plus
10.65%
above
$7,196
$1,863,
plus
22.93%
above
$8,043
$2,446,
plus
10.95%
above
$10,582
$2,677,
plus
11.60%
above
$12,698
3.
$1,874,
plus
24.79%
above
$6,350
$2,084,
plus
13.13%
above
$7,196
$2,195,
plus
26.83%
above
$8,043
$2,877,
plus
13.01%
above
$10,582
$3,152,
plus
14.26%
above
$12,698
4.
$2,071,
plus
27.39%
above
$6,350
$2,303,
plus
14.51%
above
$7,196
$2,426,
plus
29.65%
above
$8,043
$3,179,
plus
14.37%
above
$10,582
$3,483,
plus
15.76%
above
$12,698
5.
$2,245,
plus
29.69%
above
$6,350
$2,496,
plus
15.73%
above
$7,196
$2,629,
plus
32.14%
above
$8,043
$3,446,
plus
15.58%
above
$10,582
$3,755,
plus
17.08%
above
$12,698
6.
$2,402,
plus
31.77%
$2,671,
plus
16.83%
$2,813,
plus
34.39%
$3,687,
plus
16.67%
$4,039,
plus
18.28%
above
$6,350
above
$7,196
above
$8,043
above
$10,582
above
$12,698
FORM
4.10 Affidavit of Consent to Complaint in Support
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
AFFIDAVIT
OF CONSENT TO COMPLAINT FOR SUPPORT Pursuant to Pa. R.C.P. 1910.3(4)
I,
[name of child], being __________________ years of age, consent to having
[name], my parent, act in my place
and
stead in the above support action. I further authorize __________________,
Esquire, to appear in any proceeding
on
my behalf related to the complaint for my support.
IN
WITNESS WHEREOF, I set my hand and seal this __________________ day of
__________________
20______.
__________________
[name
of child]
Sworn
to and subscribed
before
me this __________________ day
of
__________________, 20______.
__________________
Notary
Public
I,
[name of parent], agree to act for and on behalf of [name of child], as above
authorized.
__________________
[name
of parent]
FORM
4.11 Medical Child Support Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
MEDICAL
CHILD SUPPORT ORDER
AND
NOW, this __________________, day of 20__________________, it appearing to the
Court that:
A.
Defendant, __________________ (Social Security
#__________________-__________________-__________________),
whose last known mailing address is
__________________
__________________, is employed by __________________ __________________, and
has
available
to him/her health benefits under the __________________, a group health plan
administered by
__________________
[(Group#__________________, Agreement#__________________)] hereinafter
``Plan(s)''; [If
more
than one plan, list each with group or agreement numbers and other specific
identifying information.]
B.
Defendant is father/mother of __________________ (Social security #
______-______-______ and date of
birth);
C.
Plaintiff, __________________ (Social Security #
__________________-__________________-__________________),
is the custodial parent of said child/children and
resides
with them at__________________ ____________.
IT
IS ORDERED, ADJUDGED and DECREED as follows:
1.
The child/children identified at Paragraph B above shall be ``Alternate
Recipients'' within the meaning of Section
609
of the Employee Retirement Income Security Act of 1974 as amended (``ERISA''),
which was added by the
Omnibus
Reconciliation Act of 1993 (``OBRA `93'').
2.
Said Alternate Recipients shall be enrolled in the Plan(s) effective as of
__________________ and are to receive
all
medical, dental, vision, and other health benefits available to a dependent
under any of the employer's group health
plans
available to the Participant. They shall receive the coverage that they would be
entitled to receive under the
Plan(s)
as if they met all of the requirements of a ``dependent'' and thus were
dependents under the Plan. Any benefits to
which
the Alternative Recipient becomes entitled by reason of this Order which are
payable in cash to the Alternate
Recipient
or to the Defendant with respect to the Alternate Recipient shall be paid
instead to the Alternate Recipient's
custodial
parent as set forth at Paragraph C above.
3.
Defendant is to make such elections and to consent to such withholding and
deductions from pay or otherwise
make
required payments as might be necessary in order for the coverage required by
this Order to be maintained.
4.
This Order applies to the __________________ Plan and any successor plan and
applies to each Alternate
Recipient
for that period during which, were the Alternate Recipient a dependent, the
Alternate Recipient would have
been
eligible for or could have elected coverage under the Plan. [List each plan
described in Paragraph A.]
5.
This Order shall be construed so as not to require the Plan to provide any
benefit to an Alternate Recipient which
would
not be available to a dependent under the Plan.
6.
The parties shall promptly submit this Order to the Plan Administrator(s) for
determination of its status as a
Qualified
Medical Child Support Order.
7.
While this Order is in effect, the parties shall promptly notify the Plan
Administrator of any change in:
a.Their
addresses from those set forth in this Order;
b.The
address of any Alternate Recipient or custodial parent as set forth in this
Order;
c.The
change in status of any Alternate Recipient such that the Alternate Recipient
could no longer
be
deemed to be an Alternate Recipient under Section 609 of ERISA; and
d.A
change in custodial parent or legal guardian of an Alternate Recipient.
IT
IS INTENDED that this Order shall qualify as a Qualified Medical Child Support
Order under Section 609 of
ERISA. The
Court retains jurisdiction to amend this Order as might be necessary to
establish or maintain its status as a
Qualified
Medical Child Support Order under Section 609 of ERISA.
BY
THE COURT:
__________________
J.
FORM
4.12 Petition for Vocational Evaluation; Rule and Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR VOCATIONAL EVALUATION
AND
NOW, Petitioner, __________________, by and through [her/his] attorney,
__________________, Esquire,
files
this Petition for Vocational Evaluation, and in support thereof, avers as
follows:
1.
Petitioner, __________________ [``Husband/Wife''], is the [Plaintiff/Defendant]
in the above-captioned divorce
action.
2.
Respondent, __________________ [``Wife/Husband''], is the [Plaintiff/Defendant]
in the above-captioned
divorce
action.
3.
The parties were married on __________________ [date].
4.
The parties separated on __________________ [date].
5.
__________________ filed a divorce complaint in the Court of Common Pleas of
__________________ County
on
__________________, requesting, inter alia, alimony pendente lite,
spousal support, and child support.
6.
__________________'s earning capacity is at issue in this litigation.
7.
__________________ asserts that __________________ is capable of finding
employment with a suitable
income
to contribute to [his/her] support.
8.
__________________ requests that __________________ conduct a vocational
evaluation of
__________________.
WHEREFORE,
Petitioner, __________________, respectfully requests that this Honorable Court
enter an Order
granting
a vocational evaluation of __________________.
__________________
Attorney
for Petitioner
[Verification]
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
RULE
AND
NOW, this __________________ day of __________________, 20______ upon
consideration of the Petition
for
Vocational Evaluation filed by Petitioner, __________________, a Rule is hereby
entered against Respondent,
__________________,
to show cause why the relief requested should not be granted.
RULE
RETURNABLE, the __________________ day of __________________, 20______.
RULE
RETURNABLE, with hearing thereon, the __________________ day of
__________________, 20______,
at
______. M., Courtroom ``______'', __________________ County Courthouse,
__________________,
__________________,
Pennsylvania.
BY
THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of the
Petition
for Vocational Evaluation filed by Petitioner, __________________, and any
Answer thereto filed by
Respondent,
__________________, and after a hearing thereon, it is hereby ORDERED and
DECREED that said
Petition
is GRANTED. Respondent shall submit to a vocational evaluation to be conducted
by __________________,
within
fourteen (14) days of the date of this Order.
BY
THE COURT:
__________________
J.
FORM
4.13 Motion for Special Relief to Vacate Order for College Education Expenses
IN
THE COURT OF COMMON PLEAS OF __________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION - LAW
PLAINTIFF
: No.
v. :
DEFENDANT
: IN
SUPPORT
ORDER
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of
Petitioner's
Motion for Special Relief to Vacate Order for College Education Expenses,
Respondent's Answer to the
Motion
and hearing thereon, it is hereby ORDERED and DECREED that the Court's
__________________ Order
requiring
Petitioner to finance the parties' minor child(ren)'s college education is
VACATED.
BY
THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS OF __________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-LAW
PLAINTIFF
: No.
v. :
DEFENDANT
: IN SUPPORT
RULE
AND
NOW, this __________________ day of __________________, 20______, upon
consideration of
Petitioner's
Motion for Special Relief to Vacate Order for College Education Expenses, a
RULE is hereby entered upon
Respondent,
__________________, to show cause why the relief requested should not be
granted.
RULE
RETURNABLE, with hearing thereon, the __________________ day of
__________________, 20______,
at
____________.m., in Courtroom __________________, __________________ County
Courthouse,
__________________,
Pennsylvania.
IN
THE COURT OF COMMON PLEAS OF __________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION - LAW
PLAINTIFF
: No.
v. :
DEFENDANT
: IN SUPPORT
MOTION
FOR SPECIAL RELIEF TO VACATE ORDER
FOR
COLLEGE EDUCATION EXPENSES
Petitioner,
__________________, by and through his undersigned attorneys, files the Within
Motion for Special
Relief
to Vacate Order for College Education Expenses, and in support thereof, avers
as follows:
1.
Petitioner is __________________, who currently resides at __________________.
2.
Respondent is __________________, who currently resides at __________________.
3.
Petitioner and Respondent are the parents of __________________ minor
child(ren), __________________
(born
__________________).
4.
On __________________, Petitioner was ordered to purchase a zero coupon bond
with a face value of
$____________,
redeemable in the year ____________ for the express purpose of financing the
minor child(ren)'s
college
education.
5.
Petitioner complied with the Court's Order and purchased a bond under the
legend __________________.
6. 23
Pa. C.S.A. § 4327(a) granted courts the authority to order separated,
divorced or unmarried parents subject to
a
support obligation to provide for their child's educational expenses, including
college costs.
7.
In 1995, the Pennsylvania Supreme Court ruled that 23 Pa. C.S.A. § 4327(a) was
unconstitutional. Curtis v.
Kline,
542 Pa. 249, 666 A.2d 265 (1995).
8.
In 1996, the Superior Court of Pennsylvania ruled that existing child support
Orders that contained provisions for
college
education were rendered ``void'' by the Curtis v. Kline decision. Simmers
v. Packer, 451 Pa. Super. 555, 680
A.2d
904 (1996).
9.
The Court's __________________ Order that required Petitioner to purchase the
zero coupon bond to support the
minor
child(ren)'s college education was in effect in __________________ when the
Pennsylvania Supreme Court
issued
the Curtis v. Kline decision.
10.
The Court's __________________ Order was rendered void by the Curtis v.
Kline decision in 1995.
WHEREFORE,
Petitioner, __________________, respectfully requests this Honorable Court to
enter and Order
that
the provisions of the __________________ Order for child support requiring
Petitioner to purchase a zero coupon
bond
for the minor child(ren)'s college education be VACATED and that the funds be
released to Petitioner.
Respectfully
submitted,
__________________
[Verification]
FORM
5.8 Petition for Appointment of Guardian Ad Litem
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
: IN
CUSTODY
PETITION
FOR APPOINTMENT OF GUARDIAN AD LITEM
AND
NOW, Plaintiff, by and through [his/her] attorney, __________________, Esquire,
files a Petition for
Appointment
of Guardian Ad Litem, and in support thereof, avers the following:
1.
Plaintiff is __________________ [Mother/Father], who currently resides at
__________________.
2.
Defendant is __________________ [Mother/Father], who currently resides at
__________________.
3.
The parties hereto are the parents of the following minor [child/children], who
currently reside(s) at
__________________.
4.
On __________________, 20______, [Mother/Father] filed a Complaint for
[Custody/Partial
Custody/Visitation]
in the Court of Common Pleas of __________________ County, Pennsylvania.
5. Pa.
R.C.P. 1915.11(a) states that ``[t]he court may on its own motion or the
motion of a party appoint an attorney
to
represent the child in the action. The court may assess the costs upon the
parties or any of them or as otherwise
provided
by law.''
6.
The circumstances of the above-captioned custody action warrant the appointment
of a Guardian Ad Litem
because
[set forth facts showing that the appointment of a Guardian Ad Litem will be in
the best interests and welfare of
the
child/children].
WHEREFORE,
Plaintiff respectfully requests that this Honorable Court enter an Order of
Court appointing
__________________,
Esquire, as Guardian Ad Litem of the [child/children] in the abovecaptioned
custody action. It is
further
requested that this Honorable Court assess the fees and costs of the Guardian
Ad Litem upon Defendant.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for Plaintiff
[Verification]
FORM
13.13 Petition for Contempt and to Enforce Property Settlement Agreement
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR CONTEMPT AND TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
Petitioner,
by his/her attorney, brings this Petition for Contempt and to Enforce Property
Settlement Agreement
and,
in support thereof, avers as follows:
1.
Petitioner is __________________, who was the plaintiff in a divorce action
between the parties.
2.
Respondent is __________________, who was the defendant in that action.
3.
On __________________, Petitioner and Respondent entered into a comprehensive
Property Settlement
Agreement
which, by its terms, determined the equitable distribution of marital property,
alimony and support of
Petitioner,
and the custody, support and educational expenses of the children. A true and
correct copy of the Property
Settlement
Agreement is marked as Exhibit ``A,'' attached hereto and made part hereof.
4.
On __________________, a final Decree in Divorce was entered by the Court of
Common Pleas of
__________________
County, __________________ [name of state], No. ____________, and said Property
Settlement
Agreement
was incorporated in [but not merged with] the final Decree.
5.
Paragraph __________________ of the Property Settlement Agreement provides as
follows: [specify]
6.
Contrary to the terms of the Property Settlement Agreement, Respondent has/has
not [specify].
7.
Respondent is in contempt of Court for failing to comply with the terms of
Paragraph __________________ of
the
Property Settlement Agreement which may be enforced as an Order of the Court
under Section 3105(a) of the
Divorce
Code, 23 Pa. C.S.A. § 3105(2).
8.
Respondent has the ability to comply with the relevant provisions of the
Property Settlement Agreement.
9.
Respondent should be responsible for Petitioner's counsel fees and costs in
connection with the instant Petition.
10.
This Court has the authority pursuant to Section 3105(a) and 3502(e) of the
Divorce Code of 1980, as amended,
to
enter an Order directing Respondent to [specify].
WHEREFORE,
Petitioner, __________________, hereby respectfully requests that this Court
enter an Order
finding
Respondent in Contempt and directing Respondent to [specify].
__________________
Attorney
for Petitioner
[Verification]
FORM
13.13A Petition to Enforce Property Settlement Agreement (Oral)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
TO ENFORCE PROPERTY SETTLEMENT AGREEMENT (ORAL)
Petitioner,
__________________, by and through his/her undersigned counsel, files the
within Petition to Enforce
Property
Settlement Agreement and, in support thereof, avers as follows:
1.
Petitioner is __________________, plaintiff/defendant in the abovecaptioned
divorce action.
2.
Respondent is __________________, plaintiff/defendant in the abovecaptioned
divorce action.
3.
On __________________, the parties reached an oral agreement concerning
resolution of their economic issues.
4.
Both parties have performed certain acts under the terms of the agreement and
have acted in reliance on the
agreement.
5.
Notwithstanding Respondent's acting under the agreement and his/her receiving
certain benefits from the
agreement,
Respondent now refuses to comply with the terms of the parties' agreement and
refuses to sign a written
agreement
embodying the terms to which the parties agreed. A draft of the written
agreement is attached hereto as
Exhibit
``A.''
6.
Respondent has the ability to comply with the agreement of the parties.
7.
This Court has the authority pursuant to § 3105(a) of the Divorce Code, as
amended, to enter an Order directing
Respondent
to comply with the parties' agreement, the terms of which are embodied in
Exhibit ``A'' to the instant
Petition.
WHEREFORE,
Petitioner respectfully requests that this Honorable Court enter an Order
directing Respondent to
comply
with the parties' agreement, the terms of which are embodied in Exhibit ``A''
to the instant Petition.
Respectfully
submitted,
__________________
,
Esquire
Attorney
for Petitioner
[Verification]
FORM
13.15 Petition for Declaratory Judgment to Determine The Validity of
Post-Nuptial Agreement
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR DECLARATORY JUDGMENT TO DETERMINE THE VALIDITY OF POST-NUPTIAL
AGREEMENT
Petitioner
by his/her attorney, Petitions this Honorable Court for Declaratory Judgment
and avers as follows:
1.
Petitioner is __________________ (hereinafter ``Husband''), Defendant in the
above-captioned divorce action.
2.
Respondent is __________________ (hereinafter ``Wife''), Plaintiff in the
above-captioned action.
3.
Following their marriage, Husband and Wife entered into a Post-Nuptial
Agreement on __________________
[date].
A true and correct copy of the said Post-Nuptial Agreement is marked as Exhibit
``A'' attached hereto and made
a
part hereof.
4.
The said Post-Nuptial Agreement sets forth various rights of the parties with
respect to equitable distribution.
5.
An issue has been raised on behalf of [Husband/Wife] with respect to the
validity of the aforesaid Post-Nuptial
Agreement,
and it would be beneficial to both the parties and the Court to address the
validity of said Agreement prior
to
the parties proceeding with respect to equitable distribution.
6.
This Petition is filed pursuant to Sections 3105, 3501 and 3323 of the Divorce
Code.
WHEREFORE,
Petitioner respectfully request that this Honorable Court determine the
validity of the Post-Nuptial
Agreement.
__________________
Attorney
for Petitioner
[Verification]
FORM
13.16 Third Party Petition To Enforce Property Settlement Agreement
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
________________________
ORDER
________________________
AND
NOW, this ____________ day of __________________, 20______, after consideration
of the Third Party
Petition
to Enforce Property Settlement Agreement, any Answer(s) thereto, and after
hearing thereon, it is hereby
ORDERED
and DECREED as follows:
1.
________________________, is hereby appointed real estate listing agent
(``Listing Agent'') for the marital
residence
located at __________________.
2.
__________________ Esquire and (law firm) are confirmed as the sole escrow
agents (``escrow agents'') to
handle
the net proceeds from the sale of the marital residence pursuant to the
directives of the Agreed Order concerning
the
distribution of the net proceeds.
3.
Neither Husband nor Wife shall interfere in any way with the marketing and sale
of the marital residence by the
listing
agent or with the management of the net proceeds from the sale by the escrow
agent, and will fully cooperate
with
the listing agent and escrow agent.
4.
Failure to strictly abide by these terms of this Order and with the terms of
the Agreed Order will result in
sanctions.
BY
THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
THIRD
PARTY PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
AND
NOW, Petitioner, [Law Firm] submits the foregoing Third Party Petition to
Enforce Property Settlement
Agreement,
and, in support thereof, asserts as follows:
1.
Petitioner is [Law Firm], a third party beneficiary of the Property Settlement
Agreement between the
above-named
parties.
2.
Respondents are Husband and Wife, the parties named above.
3.
On __________________ the parties entered into an Agreed Order to resolve all
of the economic issues related
to
their divorce, and on __________________, this Court entered a Divorce Decree
incorporating the terms of the
parties'
Agreed Order. A copy of the Decree and the Agreed Order is attached hereto as
Exhibit A.
4.
Pursuant to the terms of the Agreed Order:a. Wife was to immediately list the
marital residence, located at
__________________
for sale with a real estate broker of her choosing, and the sale price was to
be set by the real
estate
broker.b. __________________, Esquire and [Law Firm] were to be appointed sole
escrow agents (``escrow
agents'')
for the net proceeds realized from the eventual sale of the marital home.c. The
escrow agents were to distribute
the
net proceeds realized from the sale of the marital residence by first paying
the specific liabilities referenced in the
Agreed
Order, by second paying each party's respective counsel fees directly, and
finally, by distributing to the parties
any
remaining net proceeds in the percentages set forth in the Agreed Order.
5.
Upon information and belief, Wife has not listed the marital home for sale as
required.
6.
[Law Firm] is a third party beneficiary to the Agreed Order between Husband and
Wife because the terms of the
Agreed
Order specify that it is to receive a portion of the net proceeds from the sale
of the marital residence.
WHEREFORE,
Petitioner, [Law Firm] respectfully requests that this Honorable Court enter an
Order directing the
appointment
of a new, neutral real estate listing agent of the Court's choosing to actively
market the marital residence,
specifically
confirming the continuing position of [Law Firm] as escrow agents to handle the
net proceeds from the sale
of
the marital residence in accordance with the terms of the Agreed Order.
__________________
,
Esquire
Counsel
for
[VERIFICATION]
FORM
13.17 Stand-By Qualified Domestic Relations Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
________________________
STAND-BY
QUALIFIED DOMESTIC RELATIONS ORDER
________________________
WHEREAS,
the parties, Husband, hereinafter referred to as the ``Participant,'' and Wife,
hereinafter referred to as
the
``Alternate Payee,'' were divorced on __________________ by a Divorce Decree
entered by the Court of Common
Pleas
of ____________ County, Pennsylvania; and
WHEREAS,
the Participant's current and last known mailing address is __________________,
Pennsylvania and
his
social security number is __________________; and
WHEREAS,
the Alternate Payee's current and last known mailing address is
__________________, Pennsylvania
and
her social security number is __________________; and
WHEREAS,
the Participant is employed by __________________ and is a participant in the
__________________
Employees' Profit Sharing Plan, such plan or any successor thereto hereinafter
referred to as the
``Plan'';
and
WHEREAS,
the Plan Administrator is __________________; and
WHEREAS,
the Stipulation for Agreed Order provides for the entry of a Stand-by Qualified
Domestic Relations
Order
pursuant to Section 414(p) of the Internal Revenue Code, as amended, to
provide security for the payments to the
Alternate
Payee prescribed in the Stipulation for Agreed Order; and
WHEREAS,
this assignment of benefits does not require the Plan to provide any type or
form of benefit, or any
option
not otherwise provided under the Plan as determined under Section 414(p) of
the Internal Revenue Code; this
assignment
does not require the Plan to provide increased benefits (determined on the
basis of actuarial value); and this
assignment
does not require the Plan to provide benefits to the Alternate Payee which are
required to be paid to another
alternate
payee under another order previously determined to be a qualified domestic
relations order.
It
is therefore, ORDERED, ADJUDGED, and DECREED as follows:
1. Amount
of Benefits.
The
Alternate Payee is awarded from the Participant's accrued benefit under the
Plan $ ____________ a month
minus
the amount of alimony the Participant pays in accordance with the Stipulation
for Agreed Order each month. This
award
shall continue in effect until Alternate Payee's death, and this Order shall be
of no force and effect thereafter
except
as to alimony payments required under the Stipulation for Agreed Order that
remain unsatisfied.
2. Time
and Manner of Payment.
If
the Participant is required to make an alimony payment for a month under the
Stipulation for Agreed Order and
any
portion remains unpaid 15 days after the end of the month, the Alternate Payee
may notify the Plan Administrator
of
the Payee's failure to satisfy the alimony obligation. Upon receipt of written
notification from the Alternate Payee,
the
Plan Administrator shall pay promptly to the Alternate Payee from the
Participant's benefit under the Plan an
amount
equal to such unpaid portion.
3. Liability
for Income Taxes.
Alternate
Payee shall be solely responsible for, and bear the burden of, all federal,
state and local income taxes,
penalties,
fines, interest and/or other taxes of any nature, if any, due from and/or
payable by her with respect to all
amounts
she receives under this Stand-by QDRO, and she shall exonerate, indemnify and
hold harmless the Participant
from
any resulting liabilities, including, but not limited to, any federal, state
and local income taxes, penalties, fines,
interest
and/or taxes of any nature.
On a
quarterly basis (April 15, June 15, September 15 in each year and January 15 in
the next succeeding year), the
Plan
shall disburse to the Alternate Payee from Participant's accrued benefit a sum
equal to the amount of Federal and
Pennsylvania
income tax (if any is imposed) payable by Wife on amounts received under this
Stand-by QDRO since the
last
quarterly disbursement. In determining the Federal and Pennsylvania income
taxes of the Alternate Payee for a
quarterly
disbursement, the rate of tax shall be calculated as if (i) the distribution
payments under Paragraph 1 were the
Alternate
Payee's sole income and (ii) that she claimed __________________ exemptions and
(iii) distributions
payments
since the last quarterly disbursement would continue at the same rate for the
remainder of the year.
4. Alternate
Payee as Surviving Spouse.
The
Alternate Payee shall be treated under the Plan as the surviving spouse of the
Participant only to the extent of
the
Participant's maximum remaining obligation for non-taxable alimony payments
under the Stipulation for Agreed
Order.
The Participant shall make no election inconsistent with this Order concerning
benefits provided to the Alternate
Payee
under this Order and the Plan Administrator shall not recognize any election or
beneficiary designation by the
Participant
inconsistent herewith. The death benefit payable to the Alternate Payee as the
Participant's surviving spouse
upon
Participant's death, if any, shall be payable only to the extent of the
Alternate Payee's entitlement to benefits as
provided
in Section 1 herein. The Plan Administrator shall not take any action which
will cause any amount due to the
Alternate
Payee or her beneficiary to be paid to any other person or entity under any
circumstances.
5. No
Additional Benefits to Alternate Payee.
The
Alternate Payee is not entitled to any benefit not otherwise provided under the
Plan or this Order. The
Alternate
Payee is only entitled to the specific benefits under the Plan as provided for
in this Order.
6. Change
of Address.
The
parties shall promptly notify the Plan Administrator of any change in their
addresses from those set forth in this
Order.
WHEREFORE, it
is intended that this Order shall qualify as a Qualified Domestic Relations
Order under the
Employee
Retirement Income Security Act of 1974 and Section 414(p) of the Internal
Revenue Code, as amended. The
Court
retains jurisdiction to amend this Order as might be necessary to establish or
to maintain its status as a Qualified
Domestic
Relations Order.
So
stipulated:
__________________
__________________
Participant
Alternate Payee
__________________
__________________
Date
Date
ORDER
AND
NOW, this ____________ day of ____________, 20______, this
Stipulation is hereby approved as an
ORDER
of this Court.
BY
THE COURT:
__________________
J.
FORM
14.3 Order
AND
NOW, this ____________ day of __________________, 20______, it is hereby
ORDERED and DECREED,
that
the attached [Date] Amendment to Agreement is hereby approved and made an Order
of the Court.
BY
THE COURT:
__________________
J.
FORM
15.2 Complaint for Specific Performance, Support and Other Relief
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
COMPLAINT
FOR SPECIFIC PERFORMANCE, SUPPORT AND OTHER RELIEF
AND
NOW comes the Plaintiff, MARY SMITH, by her attorney, John Jones, and
respectfully represents:
1.
Both parties are unmarried adults and residents of the Commonwealth of
Pennsylvania.
2.
On or about December 20, 1967, the Plaintiff and ROBERT F. DOE, Defendant,
began living together at 123
Brown
Street, Philadelphia, Pennsylvania 19103.
3.
On or about December 20, 1967, the parties intended to and did enter into a
written agreement to live together at
the
aforementioned residence; to care for each other; and to provide a comfortable
home and living for each other for
the
remainder of their lives. A true and correct copy of said agreement is attached
as Exhibit ``A.'' [Note: No agreement
attached]
4.
Both parties understood that the terms ``to provide a comfortable home and
living for each other'' meant and
were
intended to include, but were not limited to, the provision of food, lodging,
clothing, medical care, laundry
services
and a congenial environment. Each party was expected to contribute his or her
skills, financial resources and
services
to the best of his or her ability.
5.
Plaintiff did at all times fulfill her promise by performing services for the
Defendant, including but not limited
to,
shopping and preparing the couple's meals, providing the couple with laundered
clothes and a clean home, nursing
the
Defendant when he was ill and contributing any money she received from whatever
source to the couple's joint bank
account.
6.
On or about February 5, 1989, the Defendant constructively abandoned and
deserted Plaintiff, and forced
Plaintiff
to leave the aforementioned premises and has not since that time provided
Plaintiff with a home or any form of
support.
7.
Defendant's actions constitute a breach of the contract entered into between
the parties.
8.
During the twenty-two years in which the parties lived together, Plaintiff
assisted Defendant in the advancement
of
his career, and in reliance upon the parties' agreement to live together and to
provide a comfortable home for each
other,
declined to pursue her own career, so that she is now lacking marketable skills
and is substantially unemployable.
9.
The parties have substantial property both real and personal, tangible and
intangible, which was acquired during
the
time they lived together, including household furnishings, appliances and art
work.
10.
Plaintiff has suffered substantial injury and has no adequate remedy at law.
WHEREFORE,
the Plaintiff prays that this Court order the following relief:
A.
Specific enforcement of the parties' agreement;
B.
Order the Defendant to pay a reasonable amount to support Plaintiff in the
manner that she would have been
supported
if the parties had continued to live together in accordance with their
agreement;
C.
Determine the ownership of all property, real and personal, tangible and
intangible, owned individually or jointly
by
the parties, and order a partition or sale of all jointly owned property and a
division of the proceeds;
D.
Instruct the Defendant to pay Plaintiff's reasonable counsel fees, and the
costs of these proceedings;
E.
Award to Plaintiff such other and further relief as the nature of her cause may
require.
__________________
JOHN
JONES
[Address
and Telephone]
Attorney
for Plaintiff
VERIFICATION
Mary
Smith verifies that the statements made in the attached Complaint are true and
correct. She understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Mary
Smith
FORM
15.3 Complaint for Declaration of Trust, Support and Other Relief
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
COMPLAINT
FOR DECLARATION OF TRUST, SUPPORT AND OTHER RELIEF
AND
NOW comes the Plaintiff, MARY SMITH, by her attorney, John Jones, and
respectfully represents:
1.
Both parties are unmarried adults and residents of the Commonwealth of
Pennsylvania.
2.
On or about December 20, 1967, the parties began living together at 123 Brown
Street, Philadelphia,
Pennsylvania
19103, upon Defendant's representations and promises that if Plaintiff lived
with him and kept house for
him
and otherwise contributed her skills and time to the making of a comfortable
home, Defendant would provide
financially
for Plaintiff's needs for the rest of her life.
3.
Plaintiff agreed to do so, upon Defendant's representations and promises.
4.
Plaintiff, at all times pertinent hereto, was employed parttime as a nurse and
continued to work as such during
the
time she was living with Defendant.
5.
In reliance on Defendant's representations and promises that he would provide
financially for her needs, Plaintiff
regularly
turned over to Defendant all of her earnings.
6.
In addition, Defendant induced Plaintiff to give to him certain savings,
securities and other assets which she
owned
prior to the commencement of her relationship with the Defendant, upon the
representation that he would
provide
financially for her needs; that said savings, securities and other assets are
valued at more than $10,000.
7.
Throughout the time that the parties lived together, they were in a
confidential relationship in which Plaintiff
reasonably
believed that Defendant would not act in a manner inconsistent with her
welfare, and Plaintiff trusted
Defendant;
that Defendant abused such confidential relationship and took advantage of
Plaintiff's trust to obtain
property
and earnings in his own name for his own benefit.
8.
Defendant knew that he had no intention of providing financially for
Plaintiff's needs but, instead, he deliberately
misrepresented
his intention to Plaintiff for the purpose of acquiring her savings, securities
and other assets.
9.
On or about February 5, 1989, the Defendant constructively abandoned and
deserted Plaintiff, and forced
Plaintiff
to leave the aforementioned premises and has not since that time provided
Plaintiff with a home or any form of
support.
10.
Although Plaintiff has demanded the return of her earnings, savings, securities
and other assets, Defendant has
refused
to return any of them.
11.
As a result of Defendant's willful and fraudulent misrepresentations, and his
breach of the parties' confidential
relationship,
Plaintiff has suffered substantial damages and has no adequate remedy at law.
WHEREFORE,
the Plaintiff prays that this Court:
A.
Determine that all earnings, savings, securities and other assets acquired by
the Defendant from the Plaintiff are
held
in a constructive trust for the benefit of Plaintiff;
B.
Order the Defendant to return to the Plaintiff all earnings, savings,
securities, and other assets that are held in
trust;
C.
Order the Defendant to pay a reasonable amount to support Plaintiff in the
manner that she would have been
supported
by the Defendant had the parties continued to live together in accordance with
their agreement;
D.
Determine ownership of all real or personal, tangible and intangible property
owned by the parties, either
individually
or jointly, and order a partition or sale in lieu of partition of all jointly
owned property and a division of the
proceeds;
E.
Order Defendant to pay Plaintiff's reasonable counsel fees, and the costs of
these proceedings;
F.
Award to Plaintiff such other and further relief as the nature of her cause may
require.
__________________
JOHN
JONES
[Address
and Telephone]
Attorney
for Plaintiff
VERIFICATION
Mary
Smith verifies that the statements made in the attached Complaint are true and
correct. She understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Mary
Smith
FORM
15.4 Complaint for Declaration of Resulting Trust, Support and Other Relief
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
COMPLAINT
FOR DECLARATION OF RESULTING TRUST, SUPPORT AND OTHER RELIEF
AND
NOW comes the Plaintiff, MARY SMITH, by her attorney, John Jones, and
respectfully represents:
1.
Both parties are unmarried adults and residents of the Commonwealth of
Pennsylvania.
2.
On or about December 20, 1967, the Plaintiff and ROBERT F. DOE, Defendant,
began living together at 123
Brown
Street, Philadelphia, Pennsylvania 19103.
7.
On or about January 1, 1978, the Plaintiff gave Defendant a sum of money with
which the parties purchased an
automobile
for Plaintiff's use.
8.
The automobile was titled in Defendant's name solely for insurance purposes.
9.
On or about February 5, 1989, the Defendant did force the Plaintiff to leave
the aforementioned premises.
10.
The Defendant took possession of the automobile and changed the lock on the
automobile.
11.
Plaintiff did not intend to give the automobile to Defendant as a gift.
WHEREFORE,
Plaintiff prays that this Court grant the following relief:
A.
Issue an Order to the effect that the automobile, acquired with Plaintiff's
assets, but titled in Defendant's name, is
held
by the Defendant as part of a resulting trust for the benefit of the Plaintiff;
B.
Order the Defendant to transfer title of the automobile to the Plaintiff and
deliver possession of the automobile to
the
Plaintiff;
C.
Order the Defendant to pay Plaintiff's reasonable counsel fees, and the costs
of these proceedings;
D.
Award to the Plaintiff such other and further relief as the nature of her cause
may require.
__________________
JOHN
JONES
[Address
and Telephone]
Attorney
for Plaintiff
VERIFICATION
Mary
Smith verifies that the statements made in the attached Complaint are true and
correct. She understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Mary
Smith
FORM
15.5 Complaint for Support and Division of Property
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
COMPLAINT
FOR SUPPORT AND DIVISION OF PROPERTY
AND
NOW comes the Plaintiff, MARY SMITH, by her attorney, John Jones, and
respectfully represents:
1.
Both parties are unmarried adults and residents of the Commonwealth of
Pennsylvania.
2.
On or about December 20, 1967, the Plaintiff and ROBERT F. DOE, Defendant,
began living together at 123
Brown
Street, Philadelphia, Pennsylvania 19103.
3.
On or about December 20, 1967, the parties entered into an equal partnership
for the purpose of pursuing their
common
living arrangement.
4.
In furtherance of this partnership, the parties purchased real property and
titled it in both of their names;
borrowed
money as co-signers; conducted business as equal partners; opened a joint bank
account and pooled their
respective
earnings; and used their pooled earnings to purchase personal property and to
make improvements on their
real
property.
5.
On or about February 5, 1989, the Defendant did constructively abandon and
desert Plaintiff, and forced Plaintiff
to
leave the parties' residence.
6.
The parties have substantial personal property, including stocks, bonds and
other securities, and bank accounts,
some
of which are titled in the joint names of the parties and others of which are
titled in the name of the Plaintiff or the
Defendant
separately.
WHEREFORE,
Plaintiff prays that this Court issue the following relief:
A.
Determine the ownership of all real property of the parties, held either
individually or jointly, and all tangible
and
intangible personal property of the parties, held either individually or
jointly, and order a partition or sale in lieu of
partition
of all jointly owned property and division of the proceeds;
B.
Order Defendant to pay Plaintiff's reasonable counsel fees, and the costs of
these proceedings;
C.
Award to Plaintiff such other and further relief as the nature of her cause may
require.
__________________
JOHN
JONES
[Address
and Telephone]
Attorney
for Plaintiff
VERIFICATION
Mary
Smith verifies that the statements made in the attached Complaint are true and
correct. She understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Mary
Smith
FORM
15.6 Preliminary Objections-Motion to Dismiss for Failure to State a Cause of
Action
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
PRELIMINARY
OBJECTIONS IN THE NATURE OF A DEMURRER
AND
NOW, this ____________ day of __________________, 20______, comes ROBERT F.
DOE, through his
attorney
Andrew Brown, to file these Preliminary Objections in the nature of a Motion to
Dismiss for the reasons
hereinafter
set forth:
1.
The Plaintiff's Complaint fails to state facts constituting a cause of action
against this Defendant.
2.
The consideration provided by Plaintiff for the contract alleged in the
Complaint is based solely upon sexual
services.
3.
The contract lacked consideration and is, therefore, void and unenforceable.
WHEREFORE,
the Defendant requests that this Court dismiss the Plaintiff's Complaint and
enter judgment in favor
of
the Defendant.
__________________
ANDREW
BROWN
[Address
and Telephone]
Attorney
for Defendant
VERIFICATION
Robert
F. Doe verifies that the statements made in the attached Complaint are true and
correct. He understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Robert
F. Doe
FORM
15.7 Answer to Complaint for Specific Performance, Support and Other Relief,
and New Matter
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
CIVIL
ACTION-EQUITY
MARY
SMIT
H
: N
o.
321
Front
Street
:
Philadelphia,
PA
19103,
:
Plaintiff
:
v. :
ROBE
RT
F.
DOE
:
123
Brown
Street
:
Philadelphia,
PA
19103,
:
Defendant:
:
DEFENDANT'S
ANSWER TO COMPLAINT FOR SPECIFIC PERFORMANCE, SUPPORT AND OTHER
RELIEF,
AND NEW MATTER
AND
NOW comes the Defendant, ROBERT F. DOE, by his attorney, Andrew Brown, and
respectfully responds as
follows:
1.
Admitted.
2.
Admitted.
3.
Admitted in part; denied in part. It is admitted that the parties entered into
a written agreement on December 20,
1967
to live together, to care for each other and to provide a comfortable income
for one another; however, it is denied
that
the parties intended to be bound by the agreement for the rest of their lives.
To the contrary, the agreement was
intended
to last only so long as both parties were satisfied with the cohabitation.
4.
Denied. It is denied that he understood the term ``to provide a comfortable
home and living for each other'' to
include
the provision of food, lodging, clothing, medical care, laundry services and a
congenial environment. To the
contrary,
he understood the promise to provide ``a comfortable living and home to each
other'' referred to the emotional
and
psychological aspects of the union, not to the daily responsibilities of the
parties. It is denied that he expected the
Plaintiff
to contribute all of her energy and skills to his benefit for the rest of their
lives. He further avers that he is
without
knowledge or sufficient information to form a belief as to the truth of the
assertion that the Plaintiff expected
both
parties to contribute skills, financial resources, and services to the best of
their ability for the rest of their lives, and
strict
proof thereof is demanded, if relevant.
5.
Denied. It is denied that Plaintiff had any contractual duty to shop, prepare
meals, launder the clothes, clean the
home,
nurse the Defendant when he was ill or to contribute money to the couple's
joint bank account. Defendant avers
that
he often helped Plaintiff to perform these tasks and that both parties acted
voluntarily rather than out of a
contractual
obligation.
6.
Admitted in part; denied in part. Defendant denies that he constructively
abandoned and deserted Plaintiff and
forced
her to leave the home. Defendant avers that both parties reached a mutual
agreement, due to their inability to live
peaceably
together, that their period of cohabitation would end. Defendant denies that he
forced Plaintiff to move. He
avers
Plaintiff acquiesced to his request that she leave the premises. Defendant
admits that he has not provided the
Plaintiff
with any home or form of support since the alleged date.
7.
Denied as a conclusion to which no response is required.
8.
Admitted in part; denied in part. Defendant denies that Plaintiff in any way
assisted him in the advancement of
his
career. He admits that Plaintiff failed to pursue her own career. Defendant
denies that Plaintiff failed to pursue her
career
in reliance upon the parties' agreement to live together. Defendant further
denies that Plaintiff is without
marketable
skills. He asserts that Plaintiff has a college degree and is capable of
supporting herself.
9.
Denied as stated. Defendant denies that both parties have a possessory right to
the furnishings, appliances and
artwork
in the home since the home was fully furnished prior to the Plaintiff's
decision to cohabitate with the Defendant.
Defendant
argues that only the property acquired during the relationship with jointly
held funds can be subject to
partition
or to distribution.
10.
Denied as a conclusion to which no response is required.
WHEREFORE,
Defendant requests that this Court deny the Plaintiff's request for specific
performance, support,
partition
and counsel fees.
NEW
MATTER
In
further response to Plaintiff's Complaint, Defendant avers the following new
matter:
11.
Plaintiff has provided insufficient consideration to justify lifetime support
or partition of Defendant's
individually
owned property.
12.
The alleged contract claimed by Plaintiff is unenforceable and void because it
lacks sufficient consideration.
WHEREFORE,
the Defendant requests that Plaintiff's Complaint be dismissed and judgment be
entered in favor of
Defendant.
__________________
ANDREW
BROWN
[Address
and Telephone]
Attorney
for Defendant
VERIFICATION
Robert
F. Doe verifies that the statements made in the attached Complaint are true and
correct. He understands that
false
statements herein are made subject to 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
__________________
Robert
F. Doe
FORM
16.3 Petition to Set Aside Antenuptial Agreement
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
TO SET ASIDE ANTENUPTIAL AGREEMENT
Petitioner,
by his/her attorney, hereby requests this Honorable Court to set aside the
Antenuptial Agreement entered
into
by the parties on (date). In support thereof, Petitioner avers as follows:
1.
This is an action in divorce instituted by Plaintiff [Husband/ Wife] on (date).
2.
The parties were married on (date) and separated on or about (date).
3.
Prior to their marriage on (date), the parties signed an Antenuptial Agreement.
A true and correct copy of said
Agreement
is marked Exhibit ``A,'' attached hereto and made a part hereof.
4.
Petitioner avers that said Antenuptial Agreement is null and void, invalid and
unenforceable for the following
reasons:
a.
Said Agreement is not supported by valid consideration.
b.
At the time the Petitioner signed the Antenuptial Agreement, he/she was
[unrepresented by counsel, coerced into
signing
the Agreement, fraudulently induced to enter into the Agreement, under duress,
not advised that he/she could or
should
have the Agreement reviewed by an attorney, never given the opportunity to have
the Agreement reviewed by an
attorney,
not advised of his/her rights, not advised of the rights that he/she was
waiving].
c.
The Agreement does not contain full and complete financial disclosures by the
parties, Petitioner was unaware of
Respondent's
financial circumstances.
d.
Petitioner was advised by Respondent that the Agreement was only entered into
to please Respondent's family,
and
that Petitioner should not be concerned about the Agreement.
Page
120
5.
the Antenuptial Agreement between the parties is null and void and should be
set aside.
WHEREFORE,
Petitioner prays this Honorable Court to enter an Order setting aside the
antenuptial Agreement
signed
by the parties and to allow Petitioner to proceed with his/her claims for
economic relief under the Divorce Code.
__________________
Attorney
for Petitioner
[Verification]
FORM
16.4 Petition for Declaratory Judgment of Validity of Antenuptial Agreement
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
PETITION
FOR DECLARATORY JUDGMENT OF VALIDITY OF AGREEMENT
Petitioner,
by and through his/her attorney, files this request for declaratory judgment
and avers as follows:
1.
This is an action in divorce instituted by Plaintiff [Husband/ Wife] on [date].
2.
The parties were married on [date] and separated on or about [date].
3.
Prior to their marriage on [date], the parties signed an Antenuptial Agreement.
A true and correct copy of said
Agreement
is marked Exhibit ``A,'' attached hereto and made a part hereof.
4.
This Petition is filed pursuant to Sections 3105, 3323, and 3501 of the Divorce
Code of Pennsylvania.
5.
On (date), the parties entered into an Antenuptial Agreement setting forth the
rights of the parties with respect to
equitable
distribution, alimony pendente lite, spousal support, counsel fees and costs.
7.
When Plaintiff/Defendant filed the above-captioned divorce action/counterclaim
seeking all statutory relif
available,
it was apparent that Plaintiff/Defendant was not intending to abide by the
terms of the Agreement.
8.
The existence of the Antenuptial Agreement has now been specifically averred
and it is requested that this
Honorable
Court specifically enforce the terms of that Agreement.
9.
It is necessary that the validity of this Antenuptial Agreement be established
before the Agreement can be
specifically
enforced and/or utilized to defend the economic claims made.
10.
It is requested that this Honorable Court, after a hearing, issue a Declaratory
Judgment establishing the validity
of
this Antenuptial Agreement pursuant to 42 Pa. C.S.A. §§ 7531 et seq.
11.
It will be a waste of judicial time and economy and a potential waste of each
party's resources to litigate the
economic
issues raised in the Complaint/Counterclaim before determining the validity of
the Antenuptial Agreement.
12.
It is in the best interests of the judiciary and the parties for this Honorable
Court to issue a Declaratory
Judgment
as to the validity of the Antenuptial Agreement before extensive discovery is
undertaken, Master's hearings
conducted
and extensive legal efforts expended when a Declaratory Judgment would assist
the parties in focusing on
whether
the Antenuptial Agreement will control certain outstanding issues or whether it
will be unenforceable as to
some
or all outstanding issues.
WHEREFORE,
after a hearing is held, it is respectfully requested that this Honorable Court
enter an Order
(a)that
the Antenuptial Agreement attached hereto as Exhibit ``A'' is valid and binding
upon Plaintiff
and
Defendant;
(b)that
the terms of the Antenuptial Agreement be specifically enforced.
Respectfully
Submitted,
__________________
Attorney
for Petitioner
[Verification]
FORM
18.3 Acknowledgment of Paternity and Waiver of Trial
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
ACKNOWLEDGMENT
OF PATERNITY AND WAIVER OF TRIAL
I,
[Defendant], do hereby acknowledge that I am the father of the child, [Name of
Child], born on [Date] in [City,
County,
State]. This child was born to [Name of Mother] of [City, State].
I
have been advised of and do hereby waive my rights to (1) a trial on the issue
of paternity which must be proven
by a
preponderance of the evidence and (2) an attorney to represent me on the issue
of paternity both at the trial thereon
and
in this action for support.
__________________
DOMESTIC
RELATIONS
OFFICER
__________________
DEFENDANT
__________________
,
Esquire
Attorney
for Defendant
[Verification]
FORM
18.4 Notice of Right to Trial on Issue of Paternity
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: IN PATERNITY
NOTICE
OF RIGHT TO TRIAL ON ISSUE OF PATERNITY
The
defendant has not acknowledged paternity of the child [Child's Name], born on
[Date], in [City, State] to
[Mother's
Name]. You are hereby advised of your rights to (1) a trial on the issue of
paternity and (2) an attorney to
represent
you on the issue of paternity and in any support proceedings. If the Court
determines that you are indigent,
and
you request it, an attorney will be provided to you on the issue of paternity
only.
The
trial shall be without jury unless either you or the other party demand a trial
by jury in writing within ten days
from
the date of this notice.
__________________
DOMESTIC
RELATIONS
OFFICER
Date:
__________________
I
acknowledge receipt of a copy of this notice this ____________ day of
__________________, 20______.
__________________
[Plaintiff/Defendant]
FORM
18.5 Order to Appear for Genetic Testing
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
ORDER
TO APPEAR FOR GENETIC TESTING
The
defendant has not acknowledged paternity of the child __________________, born
on __________________
[Date],
in __________________ [City, State] to __________________ [Mother].
The
parties and the child are ordered to appear for genetic testing on
____________, 20______, at
__________________
o'clock __________________ m. at __________________ and to stay until excused.
If
the defendant fails to appear for genetic testing as ordered, the court will
enter an order finding the defendant is
the
father of the child. If the plaintiff fails to appear or fails to make the
child available for testing as ordered, the court
may
enter an order dismissing the paternity action without prejudice.
BY
THE COURT:
__________________
J.
FORM
18.6 Stipulation of Paternity
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
STIPULATION
OF PATERNITY
The
parties hereby agree to submit to genetic tests for the purpose of resolving
finally the issue of paternity in this
case.
The parties further agree that if the test results indicate a probability of
paternity 99% or higher, the defendant
shall
be stipulated to be the biological father of the minor child and the case shall
be set promptly for a child support
conference.
If the test results indicate an exclusion, the action shall be dismissed.
I
have been advised of and do hereby waive my rights to (1) a trial on the issue
of paternity and (2) an attorney to
represent
me on the issue of paternity.
__________________
Plaintiff
__________________
Defendant
FORM
18.7 Order re Stipulation
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
:
ORDER
RE STIPULATION
AND
NOW, this ____________ day of __________________, 20______, in accordance with
the stipulation of the
parties,
it is hereby ordered that
[]
1) Defendant is the biological father of the child [NAME OF CHILD] born on
[CHILD'S DATE
OF
BIRTH] to [CHILD'S MOTHER'S NAME] and the matter shall be set promptly for a
support
conference.
OR
[]
2) Defendant is not the biological father of the child [NAME OF CHILD] born on
[CHILD'S
DATE
OF BIRTH] to [CHILD'S MOTHER'S NAME] and this paternity action is dismissed.
BY
THE COURT,
__________________
J.
FORM
21.2 Petition for Protection from Abuse
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
PETITION
FOR PROTECTION FROM ABUSE
1.
Plaintiff's name is: __________________
2. 1
am filing this Petition on. behalf of: [ ] Myself and/or [ ] Another Person If
you checked ``myself,'' please
answer
all questions referring to yourself as ``Plaintiff.'' If you checked ``another
person,'' please answer all questions
referring
to that person as the ``Plaintiff, and provide your address here, unless
confidential: If you checked ``Another
Person,''
indicate your relationship with Plaintiff:
[
]parent of minor
Plaintiff(s)
[
]applicant for appointment
as
guardian ad
litem
of minor
Plaintiff(s)
[
]adult household member
with
minor Plaintiff(s)
[
]court appointed guardian
of
incompetent
Plaintiff(s)
3.
Name(s) of ALL person(s), including Plaintiff and minor children, who seek
protection from abuse:
__________________
__________________
4. [
]Plaintiff's address is confidentialor[ ] Plaintiff's address is:
5.Defendant
is believed to live at the following address: __________________
__________________
Defendant's
Social Security Number (if known) is: __________________
Defendant's
date of birth is: ____________
Defendant's
place of employment is: __________________
[ ] Check
here if you have reason to believe that Defendant is a licensed firearms dealer
or is employed
in a
profession that requires Defendant to handle firearms or to carry a firearm as
a condition of
employment.
[ ] Check
here if Defendant is 17 years old or younger.
6.Indicate
the relationship between Plaintiff and Defendant.
[
]Spouse [ ]Current or
former
sexual/
intimate
partner
[
]Other relationship
by
blood or
marriage:
_____________
_____
[
]Ex-spouse [ ]Parent/Child [ ]_____________
_____
[
]Persons who
live
or have
lived
like
spouses
[
]Parents of the
same
children
[
]Brother/Sister
7.
Have Plaintiff and Defendant been involved in any of the following court
actions?
[
]Divorce [ ]Custody [ ]Support [ ]Protection
from
Abuse
If
you checked any of the above, briefly indicate when and where the case was
filed and the court number, if
known:
__________________
8.
Has the Defendant been involved in any criminal court action?
__________________
If
you answered Yes, is the Defendant currently on probation? __________________
9.
Plaintiff and Defendant are the parents of the following minor child/ren:
Name(s)
Age(s) who reside at (list address
unless
confidential)
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
10.
If Plaintiff and Defendant are parents of any minor child/ren together, is
there an existing court Order regarding
their
custody? __________________
If
you answered Yes, describe the terms of the Order (e.g., primary, shared, legal
and/or physical
custody):__________________
If
you answered Yes, in what county and state was the order issued?
__________________ __________________
If
you are now seeking an Order of child custody as part of this petition, list
the following information: (a) Where
has
each child resided during the past five years?
Child's
Name(s)
Person(
s)
child
lived
with
Address,
unless
confidential
When
__________
________
_______
_______
____
________________
__
_______
_______
____
__________
________
_______
_______
____
________________
__
_______
_______
____
__________
________
_______
_______
____
________________
__
_______
_______
____
__________
________
_______
_______
____
________________
__
_______
_______
____
(b)
List any other persons who are known to have or claim a right to custody of
each child listed above.
Name
Address Basis of Claim
____________
______
__________
________
__________________
____________
______
__________
________
__________________
____________
______
__________
________
__________________
____________
______
__________
________
__________________
____________
______
__________
________
__________________
____________
______
__________
________
__________________
11.
The following other minor child/ren presently live with Plaintiff:
Name
Age(s) Plaintiff's relationship to
children
____________
_______ __________________
______
_______
____
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
____________
______
_______
_______
____
__________________
12.
The facts of the most recent incident of abuse are as follows:
Approximate
Date: __________________. Approximate Time: __________________.
Place:
__________________.
Describe
in detail what happened, including any physical or sexual abuse, threats, injury,
incidents of stalking,
medical
treatment sought, and/or calls to law enforcement (attach additional sheets
of paper if necessary):
__________________
__________________
__________________
__________________
13.
If the Defendant has committed prior acts of abuse against Plaintiff or the
minor child/ren, describe these prior
incidents,
including any threats, injuries, or incidents of stalking, and indicate
approximately when such acts of abuse
occurred
(attach additional sheets of paper if necessary): __________________
__________________
__________________
14.
(a) Has Defendant used or threatened to use any firearms or other weapons
against Plaintiff or the minor
child/ren?
If so, please describe: (b) To the best of your knowledge or belief, does Defendant
own or possess any
firearm,
other weapon, ammunition, or any firearm license? (c) If the answer to (b)
above is ``yes,'' list any firearm,
other
weapon, or ammunition owned by or in the possession of Defendant on Attachment
A, which is incorporated by
reference
into this petition.
15.
Identify the police department or law enforcement agency in the area in which
Plaintiff lives that should be
provided
with a copy of the protection order: __________________
__________________
16.
There is an immediate and present danger of further abuse from the Defendant.
CHECK
THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE
REQUESTED
INFORMATION
[ ]
Plaintiff is asking the court to evict and exclude the Defendant from the
following
residence:__________________
__________________
[ ]
owned by (list owners, if known:__________________
[ ]
rented by (list all names, if known): __________________
[ ]
Defendant owes a duty of support to Plaintiff and/or the minor child/ren.
[ ]
Plaintiff has suffered out-of-pocket financial losses as a result of the abuse
described above. Those losses
are:__________________
__________________
__________________
FOR
REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER,
and
AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF
RELIEF
REQUESTED):
[ ]
A. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any
place
where Plaintiff may be found.
[ ]
B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant
from attempting to enter any
temporary
or permanent residence of the Plaintiff.
[ ]
C. Require Defendant to provide Plaintiff and/or minor child/ren with other
suitable housing.
[ ]
D. Award Plaintiff temporary custody of the minor child/ren and place the
following restrictions on contact
between
Defendant and children:__________________
__________________
[ ]
E. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by
telephone,
or in writing, personally or through third persons, including but not limited
to any contact at Plaintiff's
school,
business, or place of employment, except as the court may find necessary with
respect to partial custody and/or
visitation
with the minor child/ren.
[ ]
F. Prohibit Defendant from having any contact with Plaintiff's relatives and
Plaintiff's children listed in this
Petition,
except as the court may find necessary with respect to partial custody and/or
visitation with the minor
child/ren.
[ ]
G. Order Defendant to temporarily relinquish any firearm, other weapon,
ammunition, and any firearm license
to
the sheriff of this county and prohibit Defendant from transferring, acquiring,
or possessing any firearm, other
weapon,
ammunition, or any firearm license for the duration of the order.
[ ]
H. Order Defendant to pay temporary support for Plaintiff and/or the minor
child/ren, including medical support
and
[ ] payment of the rent or mortgage on the residence.
[ ]
I. Direct Defendant to pay Plaintiff for the reasonable financial losses
suffered as the result of the abuse, to be
determined
at the hearing.
[ ]
J. Order Defendant to pay the costs of this action, including filing and
service fees.
[ ]
K. Order Defendant to pay Plaintiff's reasonable attorney's fees.
[ ]
L. Order the following additional relief, not listed above:__________________
__________________
__________________
[ ]
M. Grant such other relief as the court deems appropriate.
[ ]
N. Order the police or other law enforcement agency to serve the Defendant with
a copy of this Petition, any
Order
issued, and the Order for Hearing. The petitioner will inform the designated
authority of any addresses, other than
Defendant's
residence, where Defendant can be served.
VERIFICATION
I
verify that I am the petitioner as designated in the present action and that
the facts and statements contained in the
above
Petition are true and correct to the best of my knowledge. I understand that
any false statements are made subject
to
the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification
to authorities.
__________________
Signature
__________________
Date
(Caption)
PETITIONER'S
ATTACHMENT A FIREARMS, OTHER WEAPONS, AND AMMUNITION INVENTORY
I,
__________________, Plaintiff in this Protection From Abuse Action, hereby
request the court order Defendant
to
relinquish the following firearms, other weapons, ammunition, and firearm
licenses to the sheriff:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
If
more space is needed, more sheets may be attached to this document.
I
believe the above items are located at: __________________. (List all relevant
addresses where they may be
found)
__________________
Name
__________________
Date
Notice:
This attachment will be withheld from public inspection in accordance with 23
Pa. C.S.A. § 6108(a)(7)(v).
FORM
21.3 Verification of Inability to Pay Costs
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
VERIFICATION
OF INABILITY TO PAY COSTS
I
verify that I am the Plaintiff in the Petition for protection under the
Protection from Abuse Act. I do not have
money
available today to pay the costs of filing and service in this lawsuit. I
understand that at the hearing on this
Petition,
the Court will decide whether I have funds available and that the Court may
assign the costs of this litigation to
the
Defendant or to me or may waive the costs.
I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. § 4904 relating to
unsworn
falsification to authorities.
__________________
Plaintiff
FORM
21.4 Temporary Order
[Complete
applicable provisions of form; manually cross out inapplicable provisions in
ink, but do not renumber
paragraphs,
because of uniform paragraph-numbering requirements of statewide registry of
protection orders.]
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
TEMPORARY
PROTECTION FROM ABUSE ORDER
Defendant's
Name: __________________
Defendant's
Date of Birth: ____________
Defendant's
Social Security Number: ____________
Names
of All Protected Persons, including Plaintiff and minor
child/ren:__________________
__________________
__________________
__________________
AND
NOW, this ____________ day of __________________, 20______ upon consideration
of the attached
Petition
for Protection from Abuse, the court hereby enters the following Temporary
Order:
[ ]
1. Defendant shall not abuse, harass, stalk or threaten any of the above
persons in any place where they might be
found.
[ ]
2. Defendant is evicted and excluded from the residence at __________________
__________________
(NONCONFIDENTIAL
ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanent or
temporary
residence where Plaintiff may live. Plaintiff is granted exclusive possession
of the residence. Defendant shall
have
no right or privilege to enter or be present on the premises of Plaintiff or
any other person protected under this
order.
[ ]
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 5 of this Order,
Defendant
is prohibited from having ANY CONTACT with Plaintiff, or any other
protected person under this order,
either
directly or indirectly, at any location, at any location, including but not
limited to any contact at Plaintiff's school,
business,
or place of employment. Defendant is specifically ordered to stay away from the
following locations for the
duration
of this Order: __________________
__________________
[ ]
4. Except for such contact with the minor child/ren as may be permitted under
Paragraph 5 of this Order,
Defendant
shall not contact Plaintiff, or any other protected person under this order,
either directly or indirectly, at any
location,
by telephone or by any other means, including through third persons.
[ ]
5. Pending the outcome of the final hearing in this matter, Plaintiff is
awarded temporary custody of the
following
minor child/ren: __________________
__________________
Until the final hearing, all contact between Defendant and the child/ren shall
be limited to the
following:__________________
__________________
__________________
__________________
[ ]
THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
The
local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren
are
placed in the care and control of the Plaintiff in accordance with the terms of
this Order.
[ ]
6. Defendant is prohibited from possessing, transferring, or acquiring any
firearms for the duration of this order.
Check
all that apply: [ ] Defendant shall relinquish to the sheriff all firearms and
firearms licenses owned or possessed
by
Defendant. [ ] Defendant is directed to relinquish to the sheriff any firearm,
other weapon, or ammunition listed in
Petitioner's
Attachment A, and any firearms license Defendant may possess.
Defendant
may relinquish any firearms, other weapons, or ammunition to the sheriff. As an
alternative, Defendant
may
relinquish firearms, other weapons, and ammunition to a third party provided
Defendant and the third party first
comply
with all the requirements to obtain a safekeeping permit. Defendant must
relinquish any firearm, other weapon,
ammunition,
or firearms license ordered to be relinquished no later than 24 hours after
service of this order. Failure to
timely
relinquish any firearm, other weapon, ammunition, or any firearm license shall
result in a violation of this order
and
may result in criminal conviction under the Uniform Firearms Act, 18 Pa.
C.S.A. § 6105.
[ ]
7. The following additional relief is granted:
__________________
__________________
__________________
__________________
[ ]
8. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other
agency
specified hereafter: [insert name of agency]
[ ]
9. THIS ORDER SUPERSEDES[ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER
RELATING
TO
CHILD CUSTODY.
10.
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL
MODIFIED
OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE
TO THE DEFENDANT
Defendant
is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is
punishable
by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa. C.S. §
6114. Consent of the Plaintiff to
Defendant's
return to the residence shall not invalidate this Order, which can only be
changed or modified through the
filing
of appropriate court papers for that purpose. 23 Pa. C.S. § 6113. If
Defendant is required to relinquish any
firearms,
other weapons, or ammunition or any firearms license, those items must be
relinquished to the sheriff within
24
hours of the service of this order. As an alternative, Defendant may relinquish
any firearm, other weapon, or
ammunition
listed herein to a third party provided Defendant and the third party first
comply with all requirements to
obtain
a safekeeping permit. Defendant is further notified that violation of this
Order may subject him/her to state
charges
and penalties under the Pennsylvania Crimes Code and to federal charges and
penalties under the Violence
Against
Women Act, 18 U.S.C. §§ 2261-2262.
NOTICE
TO LAW ENFORCEMENT OFFICIALS
This
order shall be enforced by the police department or sheriff who has
jurisdiction over Plaintiff's residence OR
any
location where a violation of this order occurs OR where Defendant may be
located. If Defendant violates
Paragraphs
1 through 6 of this order, Defendant shall be arrested on the charge of
indirect criminal contempt. An arrest
for
violation of this order may be made without warrant, based solely on probable
cause, whether or not the violation is
committed
in the presence of a police officer or sheriff.
BY
THE COURT:
__________________
Judge
__________________
Date
FORM
21.5 Notice of Hearing and Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
NOTICE
OF HEARING AND ORDER
YOU
HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following papers,
you
must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL
Order
may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from
your
residence and lose other important rights. Any protection order granted by a
court may be considered in
subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, including child
custody
proceedings under Chapter 53 (relating to custody).
A
hearing on the matter is scheduled for the __________________[,] day of
__________________, 20______,
____________.m.,
in Courtroom __________________ at __________________ Courthouse,
__________________,
Pennsylvania.
You
MUST obey the Order that is attached until it is modified or terminated by the
court after notice and hearing. If
you
disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect
criminal
contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. §
6114.
Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under
federal
law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United
States, tribal lands, U.S. Territories and
the
Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this Order, you may be
subject
to federal criminal proceedings under the Violence Against Women Act, 18
U.S.C. §§ 2261-2262.
If
this order directs you to relinquish any firearm, other weapon, ammunition, or
any firearm license to the sheriff,
you
may do so upon service of this order. As an alternative, you may relinquish any
firearm, other weapon, or
ammunition
listed herein to a third party provided you and the third party first comply
with all requirements to obtain a
safekeeping
permit. You must relinquish any firearm, other weapon, ammunition, or any
firearm license listed herein no
later
than 24 hours after service of the order. Failure to timely relinquish any
firearm, other weapon, ammunition, or any
firearm
license shall result in a violation of this order and may result in criminal
conviction under the Uniform Firearms
Act,
18 Pa. C.S.A. § 6105.
NOTICE:
Even if this order does not direct you to relinquish firearms, you may be
subject to federal firearms
prohibitions
and federal criminal penalties under 18 U.S.C. § 922(g)(8).
YOU
SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO
HAVE
A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT
A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING
A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER, YOU
MAY
HAVE TO PROCEED WITHOUT ONE.
County
Lawyer Referral Service
[insert
Street Address]
[insert
City, State, and ZIP]
[insert
Phone Number]
FORM
21.6 Order to Vacate
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
AND
NOW, this ____________ day of __________________, 20______, it is hereby
ORDERED and DECREED
that
the TEMPORARY ORDER in the above-captioned matter is hereby VACATED and the
action is dismissed
with/without
prejudice.
BY
THE COURT
__________________
J.
FORM
21.7 Final Order (by Consent or Otherwise)
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
PROTECTION FROM ABUSE
DEFENDANT
:
FINAL
ORDER OF COURT
Defendant's
Name: __________________
Defendant's
Date of Birth: __________________
Defendant's
Social Security Number: __________________
Names
and Dates of Birth of All Protected Persons, including Plaintiff and minor
children:
__________________
Names
Dates of Birth
__________________
_____________
_____
CHECK
ALL THAT APPLY:
Plaintiff
or Protected Person(s) is/are:
[ ]
spouse or former spouse of Defendant
[ ]
parent of a common child with Defendant
[ ]
current or former sexual or intimate partner with Defendant
[ ]
child of Plaintiff
[ ]
child of Defendant
[ ]
family member related by blood (consanguinity) to Defendant
[ ]
family member related by marriage or affinity to Defendant
[ ]
sibling (person who shares biological parenthood) of Defendant
[ ]
current or former cohabitant (person who lives with) Defendant
Defendant
was served in accordance with Pa. R.C.P. 1930.4 and provided notice of
the time, date and location of
the
hearing scheduled in this matter.
AND
NOW, this ______ day of ____________, 20______, the court having jurisdiction
over the parties and the
subject-matter,
it is ORDERED, ADJUDGED AND DECREED as follows:
OR
[ ]
Plaintiff's request for a final protection order is granted.
[ ]
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be
expected
to cause bodily injury to the Plaintiff or any other protected person in any
place where they might be found.
[ ]
2. Defendant is completely evicted and excluded from the resident at [INSERT NONCONFIDENTIAL
ADDRESS
FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff or any
other person
protected
under this Order may live. Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have
no
right or privilege to enter or be present on the premises of Plaintiff or any
other person protected under this Order. [ ]
On [insert
date and time], Defendant may enter the residence to retrieve his/her
clothing and other personal effects,
provided
that Defendant is in the company of a law enforcement officer when such
retrieval is made and [insert any
other
conditions] __________________
[ ]
3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited
from having ANY CONTACT with
the
Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at
the
Plaintiff's school, business, or place of employment. Defendant is specifically
ordered to stay away from the
following
locations for the duration of this Order: __________________
[ ]
4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact
the Plaintiff, or any other person
protected
under this Order, by telephone or by any other means, including through third
persons.
[ ]
5. Custody of the minor children, [INSERT NAMES OF THE CHILDREN SUBJECT TO THE
PROVISION
OF
THIS PARAGRAPH], shall be as follows: (STATE TO WHOM PRIMARY PHYSICAL
CUSTODY AWARDED;
STATE
TERMS OF PARTIAL CUSTODY OR VISITATION, IF ANY.)
[ ]
6. Defendant is prohibited from possessing, transferring, or acquiring any
firearms for the duration of this order.
Check
all that apply: [ ] Defendant shall relinquish to the sheriff all firearms and
firearm licenses owned or possessed by
Defendant.
[ ] Defendant is directed to relinquish to the sheriff any firearm, other
weapon, or ammunition listed in
Petitioner's
Attachment A, and any firearms license Defendant may possess. Defendant may
relinquish any firearms,
other
weapons, or ammunition to the sheriff. As an alternative, Defendant may
relinquish firearms, other weapons,A
and
ammunition to a third party provided Defendant and the third party first comply
with all the requirements to obtain
a
safekeeping permit. Defendant must relinquish any firearm, other weapon,
ammunition, or firearms license ordered to
be
relinquished no later than 24 hours after service of this order. Failure to
timely relinquish any firearm, other weapon,
ammunition,
or any firearm license shall result in a violation of this order and may result
in criminal conviction under
the
Uniform Firearms Act, 18 Pa. C.S.A. § 6105.
[ ]
7. Any firearm delivered to the sheriff or transferred to a licensed firearm
dealer, or a qualified third party who
satisfies
the procedural and substantive requirements to obtain a safekeeping permit
issued under 23 Pa. C.S.A. § 6108.3
pursuant
to this order or the temporary order shall not be returned to Defendant until
further order of court.
[ ]
8. The following additional relief is granted as authorized by § 6108 of the
Act: __________________
[ ]
9. Defendant is directed to pay temporary support for (INSERT NAMES OF THE
PERSONS FOR WHOM
SUPPORT
IS TO BE PAID) as follows: (INSERT AMOUNT, FREQUENCY AND OTHER TERMS AND
CONDITIONS
OF THE SUPPORT ORDER). This order for support shall remain in effect until a
final order is entered
by
this Court. However, this order shall lapse automatically if the Plaintiff does
not file a complaint for support with the
Domestic
Relations Section of the court within two weeks of the date of this order. The
amount of this temporary order
does
not necessarily reflect the Defendant's correct support obligation, which shall
be determined in accordance with the
guidelines
at the support hearing. Any adjustments in the final amount of support shall be
credited, retroactive to this
date,
to the appropriate party.
[ ]
10. [ ](a) The costs of this action are imposed on Defendant.
[
](b) Because this order followed a contested proceeding, Defendant is ordered
to pay an additional $ 100
surcharge
to the court, which shall be distributed in the manner set forth in 23 Pa.
C.S.A. § 6106(d).
[ ]
11. Defendant shall pay $____________ to Plaintiff as compensation for
Plaintiff's out-of-pocket losses, which
are
as follows:
OR
[ ]
Plaintiff is granted leave to present a petition, with appropriate notice to
Defendant, to [INSERT NAME OF
THE
JUDGE OR COURT TO WHICH THE PETITION SHOULD BE PRESENTED], requesting recovery
of
out-of-pocket
losses. The petition shall include an exhibit itemizing all claimed
out-of-pocket losses, copies of all bills
and
estimates of repair, and an order scheduling a hearing. No fee shall be
required by the Prothonotary's Office for the
filing
of this petition.
12.
THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING
TO
CHILD
CUSTODY.
13.
All provisions of this order shall expire in three years, on (INSERT EXPIRATION
DATE).
NOTICE
TO THE DEFENDANT
VIOLATION
OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT
CRIMINAL
CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $ 1,000 AND/OR A JAIL
SENTENCE
OF UP TO SIX MONTHS. 23 PA. C.S.A. § 6114. VIOLATION MAY ALSO SUBJECT
YOU TO
PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A
VIOLATION
OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT,
WHICH
WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER
WEAPONS,
AND AMMUNITION TO THE SHERIFF.
THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA,
TRIBAL
LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE
VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. § 2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND
INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS
UNDER THAT ACT, 18 U.S.C. § 2261-2262. IF YOU POSSESS A FIREARM OR ANY
AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL
OFFENSE
EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM
POSSESSING
FIREARMS OR AMMUNITION. 18 U.S.C. § 922(g)(8).
NOTICE
TO LAW ENFORCEMENT OFFICIALS
The
police who have jurisdiction over the Plaintiff's residence OR any location
where a violation of this order
occurs
OR where the Defendant may be located, shall enforce this order. An arrest for
violation of Paragraphs 1 through
7 of
this order may be without warrant, based solely on probable cause, whether or
not the violation is committed in the
presence
of the police. 23 Pa. C.S. § 6113.
Subsequent
to an arrest, the police officer shall seize all weapons used or threatened to
be used during the violation
of
the protection order or during prior incidents of abuse. The [INSERT THE
APPROPRIATE NAME OR TITLE] shall
maintain
possession of the weapons until further order of this Court.
When
the Defendant is placed under arrest for violation of the order, the Defendant
shall be taken to the appropriate
authority
or authorities before whom Defendant is to be arraigned. A ``Complaint for
Indirect Criminal Contempt'' shall
then
be completed and signed by the police officer OR the Plaintiff. Plaintiff's
presence and signature are not required to
file
this complaint.
If
sufficient grounds for violation of this order are alleged, the Defendant shall
be arraigned, bond set, and both
parties
given notice of the date of hearing.
BY
THE COURT:
__________________
Judge
__________________
Date
If
entered pursuant to the consent of Plaintiff and Defendant:
__________________
(Plaintiff's
signature)
(Defendant's
signature)
FORM
21.8 Complaint for Indirect Criminal Contempt
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: PROTECTION FROM ABUSE
COMPLAINT
FOR INDIRECT CRIMINAL CONTEMPT FOR VIOLATION OF PROTECTION FROM
ABUSE
ORDER
AND
NOW, comes the Plaintiff, and avers as follows:
1.
Plaintiff is __________________, who resides at (address) [or, whose
address is not disclosed as such disclosure
would
endanger him/her and/or his/her family].
2.
Defendant is __________________, who resides at (address).
3.
On (date) a Protection from Abuse Order was entered by this Honorable Court. A
true and correct copy of said
Order
is attached hereto as an Exhibit.
4.
On (date) the Defendant violated said Order by (give specifics, including
location).
5.
The aforesaid acts committed by Defendant were in violation of the Protection
from Abuse Order entered in
accordance
with the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101 et seq.
6. Plaintiff
requests that a warrant of arrest be issued for the Defendant and that he/she
be required to answer the
charges
made above.
__________________
Signature
of Affiant
Date:
____________
[Verification]
FORM
21.9 Order re Criminal Contempt
IN
THE COURT OF COMMON PLEAS
OF
__________________, COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v.
DEFENDANT
: PROTECTION FROM ABUSE
ORDER
AND
NOW, this ____________ day of __________________, 20______, it is hereby
Ordered, Adjudged and
Decreed
that Defendant, __________________, is guilty of indirect criminal contempt of
the Protection from Abuse
Order
entered on behalf of Plaintiff, __________________, in the aforesaid matter,
and is sentenced to serve
____________
days in __________________. Additionally, all provisions of Plaintiff's
Protection from Abuse Order
are
hereby extended for one year from the date of this Order.
BY
THE COURT:
__________________
J.
FORM
22.12C Appearance of Child Support Creditor or Representative
IN
THE UNITED STATES BANKRUPTCY COURT FOR
THE
__________________ DISTRICT OF PENNSYLVANIA
IN
RE: Chapter ____________ Case
__________________
Debtor :
Social
Security No(s):
Employer's
Tax
Identification
No(s).
Bankruptcy
No.
APPEARANCE
OF CHILD SUPPORT CREDITOR OR REPRESENTATIVE
I
certify under penalty of perjury that I am a child support creditor of the
above-named debtor, or the authorized
representative
of such child support creditor, with respect to the child support obligation
which is set out below.
Name:
Organization:
Address:
Telephone
Number:
__________________
Date
X__________________
Child
Support Creditor
or
Authorized
Representative
Summary
of Child Support Obligation
Amount
currently due per
week
or per month: on a
Amount
owed primary
child
support creditor
continuing
basis: (balance not assigned):
$____________
(per
week) (per month)
$____________
If
Child Support has been
assigned:
Amount
in Arrears: Amount of Support which
is
owed under assignments:
$____________
$____________
Attach
an itemized statement of account
FORM
22.24 Stipulation and Agreed Order for a Qualified Medical Child Support Order
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
STIPULATION
AND AGREED ORDER FOR A QUALIFIED MEDICAL CHILD SUPPORT ORDER
AND
NOW, this ____________ day of __________________, 20______ it is hereby
STIPULATED and
AGREED
to by and between the above-captioned parties as follows:
1.
This Agreement and Order is made pursuant to the Domestic Relations Law of
Pennsylvania, specifically 23 Pa.
C.S.
§ 4326.
2.
__________________ (hereinafter ``the Participant'') is a participant in
(Company/Policy No./Group No.) and
__________________
(hereinafter ``the Plan'').
3.
The current, last known mailing address of the Participant is
__________________.
4.
The Participant's social security number is __________________.
5.
Pursuant to this Court's Order dated __________________, the Participant has an
obligation to provide health
insurance
coverage under the Plans for his spouse, __________________, and their child,
__________________
(hereinafter
referred to as ``the Alternate Recipients'').
6.
The name, date of birth, and social security number of the Alternate Recipients
are:
NAME
DATE OF
BIRTH
SOCIAL
SECURITY
NUMBER
___________
_______
____________
______
__________________
7.
The mailing address of the Alternate Recipients is __________________.
8.
By virtue of this Order, the Plan shall provide health insurance coverage to
the Alternate Recipients for so long
as
the Participant is enrolled under the Plan. The Plan's obligation to provide
such health insurance coverage shall
terminate
earlier by agreement of the parties or by Order of Court.
9.
The following is a description of the coverage type the Plan shall provide to
the Alternate Recipient, or the
means
by which such coverage shall be determined: Medical, Prescription and
Hospitalization and, if available, Dental,
provided
that this Order shall not require the Plan to provide any type of form of
benefit or any option not otherwise
provided
under the Plan.
10.
This Order does not create a separate obligation by the Participant to provide
health insurance coverage to the
Alternate
Recipient. The Participant's obligation to provide this health insurance
coverage derives from and is limited to
the
Order entered on __________________.
11.
Pursuant to 23 Pa. C.S. § 4326(g), the Plan shall receive, process and
pay all claims for services relating to the
Alternate
Recipients directly from/to __________________ and shall in all other respects
comply with the terms of
Section
4326(g).
12.
This Order shall in no way adversely affect Participant's right to communicate
with and receive relevant
information
regarding coverage and administration of the Plan, as such right existed prior
to the date of entry of this
Order.
13.
The parties shall submit this Stipulation and Agreed Order to the Court for
approval and entry as an Order.
14.
This Stipulation and Agreed Order shall be effective immediately. The parties
shall promptly submit this
Stipulation
and Agreed Order to the Plan Administrators for implementation. The parties
shall promptly notify the Plan
of
any change in their addresses or the addresses of the Alternate Participant
from those set forth in the Stipulation and
Agreed
Order.
15.
The Court retains jurisdiction to amend this Order as might be necessary to
establish or maintain its status. The
parties
shall execute any further documents which might be required to ensure that the
terms and intent of this Order are
honored.
__________________
Attorney
for Plaintiff
__________________
Plaintiff
__________________
Attorney
for Defendant
__________________
Defendant
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
PLAINTIFF
: No.
v. :
DEFENDANT
:
ORDER
AND
NOW, this ____________ day of __________________, 20______ is hereby ORDERED
and DECREED
that
the Stipulation annexed hereto between Plaintiff, __________________, and
Defendant, __________________, is
APPROVED
and entered as an Order of Court:
1.This
Agreement and Order is made pursuant to the Domestic Relations Law of
Pennsylvania,
specifically
23 Pa. C.S. § 4326.
2.__________________
(hereinafter ``the Participant'') is a participant in __________________
(hereinafter
``the Plan'').
3.The
current last known mailing address of the Participant is __________________.
4.The
Participant's social security number is __________________.
5.Pursuant
to this Court's Order dated __________________, the Participant has an
obligation to
provide
health insurance coverage under the Plan for his/her spouse and child
(hereinafter referred to as
``the
Alternate Recipients'').
6.The
name, date of birth and social security number of the Alternate Recipient is:
NAME
DATE OF
BIRTH
SOCIAL
SECURITY
NUMBER
___________
_______
____________
______
__________________
7.The
mailing address of the Alternate Recipient is:
8.By
virtue of this Order, the Plan shall provide health insurance coverage to the
Alternate
Recipients
for so long as the Participant is enrolled under the Plan. The Plan's
obligation to provide such
health
insurance coverage shall terminate earlier by agreement of the parties or by
Order of Court.
9.The
following is a description of the coverage type the Plan shall provide to the
Alternate
Recipient,
or the means by which such coverage shall be determined: Medical, Prescription
and
Hospitalization
and, if available, Dental, provided that this Order shall not require the Plan
to provide
any
type of form of benefit or any option not otherwise provided under the Plan.
10.This
Order does not create a separate obligation by the Participant to provide
health insurance
coverage
to the Alternate Recipient. The Participant's obligation to provide this health
insurance
coverage
derives from and is limited to the Order entered on __________________.
11.Pursuant
to 23 Pa. C.S. § 4326(g), the Plan shall receive, process and pay all
claims for services
relating
to the Alternate Recipient directly from/to __________________ and shall in all
other respects
comply
with the terms of Section 4326(g).
12.This
Order shall in no way adversely affect __________________ right to communicate
with and
receive
relevant information regarding coverage and administration of the Plans, as
such right existed
prior
to the date of entry of this Order.
13.The
parties shall submit this Stipulation and Agreed Order to the Court for
approval and entry as
an
Order.
14.This
Stipulation and Agreed Order shall be effective immediately. The parties shall
promptly
submit
this Stipulation and Agreed Order to the Plan Administrators for
implementation. The parties
shall
promptly notify the Plan of any change in their addresses or the addresses of
the Alternate
Participant
from those set forth in the Stipulation and Agreed Order.
15.The
Court retains jurisdiction to amend this Order as might be necessary to
establish or maintain
its
status. The parties shall execute any further documents which might be required
to ensure that the
terms
and intent of this Order are honored.
BY
THE COURT:
__________________
J.
FORM
24.3 Petition for the Appointment of Guardian of Estate of a Minor to Nominate
a Party to Bring
Litigation
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
[ORPHANS'
COURT DIVISION]
IN
RE ESTATE OF : No.
[NAME(S)
OF
CHILD(REN)],
(A) MINOR(S) :
DECREE
AND
NOW, this ____________ day of __________________, 20______, upon consideration
of the annexed
Petition
for the Appointment of a Guardian of the Estate of Minors, [Name(s) of
Child(ren)], to Nominate a Party to
Bring
Litigation, it is hereby ORDERED and DECREED that __________________, is
appointed Guardian of the
Estate
of said minor(s) for the purpose of bringing litigation on behalf of said
minor(s). BY THE COURT:
__________________
J.
IN
THE COURT OF COMMON PLEAS
OF
__________________ COUNTY, PENNSYLVANIA
[ORPHANS'
COURT DIVISION]
IN
RE ESTATE OF : No.
[NAME(S)
OF
CHILD(REN)],
(A) MINOR(S)
PETITION
FOR THE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF (A) MINOR(S) TO
NOMINATE
A PARTY TO BRING LITIGATION
TO
THE HONORABLE, THE JUDGES OF SAID COURT:
Petitioner,
__________________, by and through her attorney, __________________, files this
Petition for the
Appointment
of a Guardian of the Estate of (A) Minor(s) to Nominate a Party to Bring
Litigation, and in support
thereof,
avers the following:
1.
Petitioner is __________________ (``Wife''), Plaintiff in the abovecaptioned
divorce action. Wife currently
resides
at __________________.
2.
Respondent is __________________ (``Husband''), Defendant in the
above-captioned divorce action. Husband
currently
resides at __________________.
3.
The parties hereto were married on __________________.
4.
On or about __________________, Wife filed a Complaint in Divorce against
Husband, requesting, among other
things,
confirmation of legal and physical custody of the parties' minor child(ren),
__________________, equitable
distribution
of marital property, and other economic relief.
5.
On or about __________________, Wife received an investigative report from
Child Protective Services
indicating
that the agency determined that the parties' minor child(ren),
__________________ __________________,
had
been abused by Husband. A true and correct copy of this investigative report is
marked Exhibit ``A,'' attached
hereto
and made part hereof.
6.
Wife believes, and therefore avers, that due to the investigative report from
Child Protective Services the minor
child(ren),
__________________, has/have a potential domestic tort action against Husband,
including, but not limited
to,
assault, battery, intentional infliction of emotional distress, negligent
infliction of emotional distress, and an implied
private
civil cause of action based upon the violation of a criminal statute.
7.
Wife believes, and therefore avers, that good cause exists for the appointment
of a guardian to take whatever
legal
action is necessary and appropriate to protect and advance the minor child's/
children's best interests and welfare in
bringing
said litigation. Wife proposes that __________________ be appointed guardian to
represent the minor
child(ren).
__________________'s address is: __________________ __________________.
8.
No other guardian has been appointed for the estate of the minor child(ren).
9.
The proposed guardian has no interest adverse to the minor child(ren). The
consent of the proposed guardian is
marked
Exhibit ``B,'' attached hereto and made part hereof.
WHEREFORE,
Petitioner, __________________, respectfully requests that this Honorable Court
appoint
__________________,
as guardian of the estate of the minor child(ren), __________________, for the
purpose of
bringing
litigation on behalf of said minor(s).
__________________
,
Esquire
Attorney
for Petitioner
[Verification]
FORM
105.01-1 Complaint for Support
Plaintiff
) TERM,
v. )
(year)
Defendant
) NO.
COMPLAINT
FOR SUPPORT
1.
The Plaintiff resides at __________________, in __________________ County.
Plaintiff's Social Security
Number
is ____________, and date of birth is __________________.
2.
The Defendant resides at __________________, in __________________ County.
Defendant's Social Security
Number
is ____________, and date of birth is __________________.
3.
(a) Plaintiff and defendant were married on __________________ (date),
at __________________.
(b)
Plaintiff and defendant were separated on __________________.
(c)
Plaintiff and defendant were divorced on __________________ at
__________________.
4.
Plaintiff and defendant are the parents of the following children:
(a)
Born of the marriage:
Name
Birth Date Age Residence
________
________
__
__________
________
______
______
______
__________________
(b)
Born out of wedlock:
Name
Birth Date Age Residence
________
________
__________
________
______
______
__________________
__
______
5.
Plaintiff seeks support for the following persons: __________________
6.
(a) Plaintiff is (not) receiving public assistance in the amount of
$____________ per __________________ for
the
support of __________________.
(b)
Plaintiff is receiving additional income in the amount of $____________ from
__________________.
7. A
previous support order was entered against the defendant on __________________
(date ), in an action at
__________________
(Court, term, and docket no.) in the amount of $____________ for the
support of
__________________.
There
are (no) arrearages in the amount of $ ____________ The order has (not) been
terminated.
8.
Plaintiff last received support from defendant in the amount of $____________
on __________________.
WHEREFORE,
plaintiff requests that an order be entered against defendant and in favor of
plaintiff and the
aforementioned
child(ren) for reasonable support and medical coverage.
I
verify that the statements made in this complaint are true and correct. I
understand that false statements herein are
made
subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to
unsworn falsification to authorities.
________________________
Plaintiff
NOTICE
Guidelines
for child and spousal support, and for alimony pendente lite have been prepared
by the Court of
Common
Pleas and are available for inspection in the office of the Domestic Relations
Section, __________________
(address).
FORM
105.01-2 Order of Court for Conference
You,
__________________, defendant, are ordered to appear at __________________
before
__________________,
a conference officer of the Domestic Relations Section, on the ____________ day
of
__________________,
at ____________ (time), for a conference, after which the conference
officer may recommend
that
an order for support be entered against you.
You
are further ordered to bring to the conference:
1. A
true copy of your most recent federal income tax return, including W-2s, as
filed;
2.
Your pay stubs for the preceding six months;
3.
The Income and Expense Statement, if required, attached to this order,
completed as required by Pa. R.C.P.
1910.11(c);
4.
Verification of child care expenses; and
5.
Proof of medical coverage that you may have or may have available to you.
If
you fail to appear for the conference or to bring the required documents, the
court may issue a warrant for your
arrest
and/or enter an interim support order. If paternity is an issue, the court
shall enter an order establishing paternity.
THE
APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED
UPON
THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT
ACTION.
Date
of Order: ________________________
J.
YOU
HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT
YOU.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS
OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED
FEE OR NO FEE.
[Name]
[Address]
[Telephone
Number]
AMERICANS
WITH DISABILITIES ACT OF 1990
The
Court of Common Pleas of __________________ 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 our 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.
FORM
105.01-4 Order of Court-Conference on Modification of Existing Support Order
You,
__________________, respondent, have been sued in court to modify an existing
support order. You are
ordered
to appear in person at __________________ on __________________ (date),
at ____________ (time), for a
conference
and to remain until dismissed by the court. If you fail to appear as provided
in this order, an order for
modification
may be entered against you.
You
are further ordered to bring to the conference:
1. A
true copy of your most recent federal income tax return, including W-2s, as
filed;
2.
Your pay stubs for the preceding six months;
3.
The Income and Expense Statement, if required, attached to this order completed
as required by Pa. R.C.P.
1910.11(c);
4.
Verification of child care expenses; and
5.
Proof of medical coverage that you may have or may have available to you.
THE
APPROPRIATE COURT OFFICER MAY MODIFY OR TERMINATE THE EXISTING ORDER IN ANY
MANNER
BASED UPON THE EVIDENCE PRESENTED.
Date
of Order: ________________________
J.
YOU
HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT
YOU.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS
OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED
FEE OR NO FEE.
[Name]
[Address]
[Telephone
Number]
________________________
(Name)
________________________
(Address)
________________________
(Telephone
Number)
AMERICANS
WITH DISABILITIES ACT OF 1990
The
Court of Common Pleas of __________________ 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 our 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.
FORM
105.01-5 Income Statements
Although
we have included the standard state-wide Income Statements and Expense
Statements, you should check
with
the county as some prefer their local form to be used.
The
revisions to the Support Guidelines have changed the use of the Income and
Expense Statements. Prior to the
revisions
of the Guidelines, a litigant was required to fill out a combined Income and
Expense Statement. Under the
revised
Guidelines, in all cases, the parties must fill out the Income Statement (and
Supplemental Income Statement if
the
party is self-employed or salaried by a business which he or she is an owner in
whole or in part). The Income
Statement
is Form 105.01-5 below and can also be found at Pa. R.C.P. 1910.27.
The
revised Support Guidelines also provide two different Expense Statements to be
used depending on where the
case
is a Guideline case, where the parties' combined net monthly income is
$20,000.00 or less, or a Melzer case, where
the
parties' combined monthly net incomes exceed $20,000.00.
If
the case is a Guideline case, the Expense Statement under Pa. R.C.P.
1910.27(c)(2)(A) is only necessary if a
party
is claiming unusual needs and expenses that may warrant a deviation from the
guideline amount of support
pursuant
to Rule 1910.16-5 or if the party is seeking apportionment of expenses pursuant
to Rule 1910.16-6. The
Guideline
provides that the parties must provide receipts or other verification of
expenses claimed on the Expense
Statement.
The Guideline Expense Statement is Form 105.01-6 below.
If
the case is a Melzer case, the Guideline provides that the parties shall
exchange the Melzer Expense Statement no
less
than 5 business days prior to the support conference. The parties shall also
exchange receipts or other verification of
the
expenses listed on the Statement at that time. The Melzer Expense
Statement is Form 105.01-6.1 below and is also
located
at Rule 1910.27(c)(2)(B).
Click
here to view image.
FORM
105.01-7 Order for Earnings Report, Health Insurance Information, and Subpoena
TO:
AND
NOW, this ____________ day of __________________, 20______ since it appears
that
__________________
is employed by you, and it is necessary that the court obtain earnings and
health insurance
information
relating to the above-named individual in order to adjudicate a matter of
support, IT IS HEREBY
ORDERED
AND DECREED that you supply the court with the information required by the
enclosed Earnings Report
and
Health Insurance Coverage Report and file it with the court within fifteen (15)
days of the date of the Order.
If
you fail to supply the information required by this order, a subpoena will
issue requiring you to attend court and
bring
the material with you, or other appropriate sanctions will be imposed by the
court.
By
the Court:
________________________
J.
FORM
105.01-7.1 Health Insurance Coverage Information Required by the Court
This
form must be completed and returned to the domestic relations section.
IF
YOU FAIL TO PROVIDE THE INFORMATION REQUESTED, THE COURT MAY FIND THAT YOU ARE
IN
CONTEMPT OF COURT.
Do
you provide insurance coverage for the dependents named below?
__________________. (Check each type of
insurance
that you provide).
Type
of Coverage
Full
Name: ________________________
SS#:
______________________________ Hospitalization______ Medical______ Dental______
Eye______
Prescription______
Other
Provide
the following information for all types of insurance you maintain, whether or
not any of the above-named
dependents
is covered at this time:
Insurance
Company (Provider): __________________Group #: ____________ Plan #:
____________
Policy
#: ____________
Cost
of Dependent Coverage: __________________
Insurance
Company (Provider): __________________Group #: ____________ Plan #:
____________
Policy
#: ____________
Cost
of Dependent Coverage: __________________
Insurance
Company (Provider): __________________Group #: ____________ Plan #:
____________
Policy
#: ____________
Cost
of Dependent Coverage: __________________
Insurance
Company (Provider): __________________Group #: ____________ Plan #:
____________
Policy
#: ____________
Cost
of Dependent Coverage: __________________
If
the above-named dependents are not currently covered by insurance, please state
the earliest date coverage could
be
provided: __________________
FORM
105.01-7.2 Earnings Report
Employer:
____________
Re:
____________ (Name)
Social
Security Number: ____________
Support
Action No: ____________
EARNINGS
REPORT
To
the Employer:
Furnish
earnings information for the above-named employee for each pay period during
the last six months. It is
preferred
that you attach a photocopy of your records containing the earnings information
requested. Attach a copy of
the
employee's most recent W-2 form.Payroll Number:__________________
Nature
of Employment:__________________
Payroll
Period Ending:__________________
Date
of Pay:__________________
Gross
Pay: __________________
Deductions:
__________________
Federal
Withholding: __________________
Social
Security: __________________
Local
Wage Tax: __________________
State
Income Tax: __________________
Retirement:
__________________
Savings
Bonds: __________________
Credit
Union: __________________
Life
Insurance: __________________
Health
Insurance: __________________
Other
(specify): __________________
Net
Pay:__________________
Hours
Worked:__________________
[VERIFICATION]
Date:________________________
Signed
by:________________________
Position:
________________________
FORM
105.01-7.3 Order of Attachment of Income
To:____________
(name of employer)
Pursuant
to Pennsylvania law, the income of ____________ (name), defendant,
________________________
(payroll
or social security number), __________________ (address), is hereby
attached to the following extent:
You
are, pursuant to this order, directed to pay to the office of Pa. SCDU at
__________________ Pa. SCDU, P. O.
Box
69112, Harrisburg, PA 17106-9112, until further order of the court, the sum of
$____________ per ____________
out
of the income due the defendant.
Checks
should be made payable to Pa. SCDU and sent within seven (7) days of date
defendant is paid.
________________________
J.
Date
of Order: ________________________
FORM
105.01-7.5 Notice of Attachment
__________________
TO __________________, Defendant Obligor:
No
less than 10 days from the date of this notice, the court will issue an
attachment against your income for failure
to
pay support pursuant to an order entered on __________________ (date).
The records of the Domestic Relations
Section
establish that as of __________________ (date) you are in arrears in the
sum of $ ____________ which is an
amount
equal to or greater than one month's support obligation.
You
are notified as follows:
1.
The amount of income to be withheld is $ ____________;
2.
This attachment shall apply to present and future income;
3.
Pennsylvania law provides that you have the right to contest the order of
attachment based only on the following
mistakes
of fact:(i) You are not more than one month's payments in arrears;(ii) The
amount to be attached is more than
the
amount allowed by law; or(iii) You are not the person who is to pay the
support; and
4.
Pennsylvania law requires that there be an attachment of your income if you are
more than one month's payments
in
arrears regardless of the reason why you are in arrears unless one of the
mistakes of fact listed in paragraph 3, above,
has
occurred.
5.
The attachment shall occur no less than 10 days after the date of the issuance
of this advance notice.
To
contest the proposed order of attachment, you must appear in person at the
Domestic Relations Section of the
Court
of Common Pleas of __________________ County, __________________ (address),
no later than 10 days after
the
date of this advance notice. It will be determined at that time if a mistake of
fact listed in paragraph 3 has occurred.
If
so, the order of attachment shall be modified accordingly.
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.
________________________
(Name)
________________________
(Address)
________________________
(Telephone
Number)
FORM
105.01-8 Order of Court-Support (Final/Temporary/Modified)
AND
NOW, on __________________ (date), based on the court's determination
that payee's monthly net income is
$
____________, and payor's monthly net income is $ ____________, it is hereby
ordered that the payor pay to the
Domestic
Relations Section, Court of Common Pleas, __________________ Dollars ($
____________) a month
payable
(weekly/biweekly/semimonthly/monthly) as follows: __________________.
__________________ Arrears set
at $
____________ as of __________________ are due in full IMMEDIATELY. Contempt
proceedings, credit bureau
reporting
and tax refund offset certification will not be initiated, and judgment will not
be entered, as long as payor pays
$
____________ on the arrears on each payment date. Failure to make each payment
on time and in full will cause all
arrears
to become subject to immediate collection by all of the means listed above.
For
the support of
________________________________________________________________________________________________
Said
money to be turned over by the Domestic Relations Section to
__________________.
Payments
must be made __________________ (state acceptable forms of payment). All
checks and money orders
must
be made payable to __________________ (name of entity to whom checks should
be made payable) and mailed to
__________________(name
of office) at __________________ (mailing address). Each payment
must bear your
(file/case/folio/domestic
relations) number in order to be processed. Do not send cash by mail.
Unreimbursed
medical expenses are to be paid ____________% by defendant and ____________% by
plaintiff.
(Plaintiff/Defendant/Neither)
to provide medical insurance coverage. Within 30 days after the entry of this
order, the
(plaintiff/defendant)
shall submit to the person having custody of the child(ren) written
proof that medical insurance
coverage
has been obtained or that application for coverage has been made. Proof of
coverage shall consist, at a
minimum,
of (1) the name of the health care coverage provider(s); (2) any applicable
identification numbers; (3) any
cards
evidencing coverage; (4) the address to which claims should be made; (5) a
description of any restrictions on
usage,
such as prior approval for hospital admissions, and the manner of obtaining
approval; (6) a copy of the benefit
booklet
or coverage contract; (7) a description of all deductibles and co-payments; and
(8) five copies of any claim
forms.
IMPORTANT
LEGAL NOTICE
PARTIES
MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE
OTHER
PARTIES IN WRITING OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE
LEGAL
ISSUE OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER INCLUDING BUT NOT
LIMITED
TO LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS
OR
CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY
FAILS TO
REPORT
A MATERIAL CHANGE IN CIRCUMSTANCE MAY BE ADJUDGED IN CONTEMPT OF COURT, AND
MAY
BE FINED OR IMPRISONED.
PENNSYLVANIA
LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST
ONCE
EVERY THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF
YOU
WISH
TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING:
__________________.
AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT
ORDER
SHOULD __________________. (insert instructions for local court.) ALL CHARGING
ORDERS FOR
SPOUSAL
SUPPORT AND ALIMONY PENDENT ELITE, INCLUDING UNALLOCATED ORDERS FOR CHILD
AND
SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE SHALL TERMINATE
UPON
THE DEATH OF THE PAYEE.
A
MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN
ARREARS
IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT
OBLIGATION
AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE
INCOME
WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH
PROVIDES
FOR AN ALTERNATE ARRANGEMENT.
DELINQUENT
ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER
THE
DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST
YOU.
IT
IS FURTHER ORDERED that, on payor's failure to comply with this order, payor
may be arrested and brought
before
the court for a contempt hearing; payor's wages, salary, commissions, and/or
income may be attached in
accordance
with law; this order will be increased without further hearing to $
____________ a month until all
arrearages
are paid in full. Payor is responsible for court costs and fees.
Copies
delivered to parties on __________________ (date).
Consented:
__________________
__________________
Plaintiff
Plaintiff's Attorney
__________________
__________________
Defendant
Defendant's Attorney
By
the Court:
________________________
J.
FORM
105.05-1 Order of Court for Conference
(caption
including docket No. and PACSES Case No.)
You,
____________, Defendant, are ordered to appear in person at the Domestic
Relations Office, ____________
(address),
on ____________ at ____________ for a conference/hearing after which the
conference officer may
recommend
that an order for support be entered against you.
BOTH
PARTIES ARE ORDERED TO BRING TO THE CONFERENCE AN ORIGINAL AND TWO COPIES
OF
THE FOLLOWING:
1. A
true copy of your most recent Federal Income Tax Return, including W-2s, as
filed;
2.
Your pay stubs for the preceding six months;
3.
The Income Statement and the appropriate Expense Statement, if required,
attached to this order, completed as
required
by Rule 1910.11(c);
(4)
A verification of child care expenses;
(5)
Proof of medical coverage which you may have or may have available to you;
(6)
Information relating to professional licenses;
(7)
Other __________________
IF
YOU FAIL TO APPEAR OR TO BRING THE REQUIRED DOCUMENTS, THE COURT MAY ISSUE A
WARRANT
FOR YOUR ARREST AND/OR ENTER AN INTERIM SUPPORT ORDER. IF PATERNITY IS AN
ISSUE,
THE COURT SHALL ENTER AN ORDER ESTABLISHING PATERNITY.
THE
APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED ON
THE
EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION.
YOU
HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND
REPRESENT
YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED
FEE OR NO FEE.
LAWYER
REFERRAL SERVICE
100
W. AIRY STREET REAR
NORRISTOWN,
PA 19401-4724
(610)
279-9660
AMERICANS
WITH DISABILITIES ACT OF 1990
The
Court of Common Pleas of Montgomery 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 our office at:
(610) 378-3646. All arrangements
must
be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled hearing.
FORM
105.05-2 Order for Support Hearing
(Caption)
ORDER
OF COURT
You,
__________________ (name), Defendant, are ordered to appear at the
Montgomery County Conciliator
Office,
c/o Master's Support, 3 Penn Court, Swede and Penn Streets, Norristown,
Pennsylvania, before the Hearing
Officer
assigned on ____________ (date) at __________________.m. for a hearing.
YOU
ARE FURTHER REQUIRED TO BRING TO THE HEARING:
1. A
true copy of your most recent Federal Income tax return, as filed, (including
Corporate Return and Profit and
Loss
Statement, if applicable and W-2s).
2.
Your pay stubs for the preceding six months.
3.
The Income Statement and appropriate Expense Statement, if required, attached
to this Order, completed as
required
by Rule 1910.11(c).
4.
Bring verification of child care expenses.
5.
Proof of medical coverage which you may have available to you.
6.
Information relating to professional licenses.
7.
Other.
If
you fail to appear for the conference/hearing or to bring the required
documents, the court may issue a warrant
for
your arrest and/or enter an interim court order. If paternity is an issue, the
court shall enter an order establishing
paternity.
THE
APPROPRIATE COURT OFFICE MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON
THE
EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION.
BY
THE COURT:
Date
of Order
____________
__________________
Judge
YOU
HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND
REPRESENT
YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED
FEE OR NO FEE.
LAWYER
REFERRAL SERVICE
100
W. AIRY STREET REAR
NORRISTOWN,
PA 19401-4724
(610)
279-9660
AMERICANS
WITH DISABILITIES ACT OF 1990
The
Court of Common Pleas of Montgomery 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 our office at:
(610) 378-3646. All arrangements
must
be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled hearing.
FORM
105.05-6 ORDER OF COURT-SUPPORT (FINAL/TEMPORARY/MODIFIED)
(Caption)
AND
NOW, on ____________ (date), based on the court's determination that
payee's monthly net income is
$____________,
and payor's monthly net income is $____________, it is herby ordered that the
payor pay to Pa.
SCDU,
____________ Dollars ($____________) a month payable (weekly/biweekly/semimonthly/monthly)
as follows:
____________.
Contempt proceedings, credit bureau reporting and tax refund offset
certification will not be initiated,
and
judgment will not be entered, as long as payor pays $____________ on the
arrears on each payment date. Failure to
make
each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the
means
listed above.
For
the support of: ____________, ____________, and ____________.
Said
money to be turned over by Pa. SCDU to ____________. This order is effective on
____________ (date) and
amends
the previous order of ____________ (date). Payments must be made by
cash, money order or check. All checks
and
money orders must be made payable to Pa. SCDU and mailed to Pa. SCDU, Box
659112, Harrisburg, PA
17106-9112.
Each payment must bear your case number in order to be processed. Do not send
cash by mail.
Unreimbursed
medical expenses are to be paid ____________ percent by defendant and
____________ percent by
plaintiff.
The plaintiff is responsible to pay the first $250.00 annually (per child and/or
spouse) in unreimbursed
expenses.
(Plaintiff/Defendant/Neither) to provide medical insurance coverage.
Within 30 days after the entry of this
order,
the (Plaintiff/Defendant) shall submit to the person having custody of
the child(ren) written proof that medical
insurance
coverage has been obtained or that application for coverage has been made.
Proof of coverage shall consist, at
a
minimum, of (1) the name of the health care coverage provider(s); (2) any
applicable identification numbers; (3) any
cards
evidencing coverage; (4) the address to which claims should be made; (5) a
description of any restrictions on
usage,
such as prior approval for hospital admissions, and the manner of obtaining
approval; (6) a copy of the benefit
booklet
or coverage contract; (7) a description of all deductibles and co-payments; and
(8) five copies of any claim
forms.
IMPORTANT
LEGAL NOTICE
Parties
must within seven days inform the domestic relations section and the other
parties in writing of any material
change
in circumstances relevant to the legal issue of support or the administration
of the support order including but
not
limited to loss or change of income or employment and change of personal
address or change of address of any
child
receiving support. A party who willfully fails to report a material change in
circumstance may be adjudged in
contempt
of court, and may be fined or imprisoned.
Pennsylvania
law provides that all support orders shall be reviewed at least once very three
(3) years if such a
review
is requested by one of the parties. If you wish to request a review and
adjustment of your order, you must do the
following:
____________. An unrepresented person who wants to modify (adjust) a support
order should obtain a
petition
to modify from the domestic relations office and should file it with the
domestic relations office.
A
mandatory income attachment will issue unless the defendant is not in arrears
in payment in an amount equal to
or
greater than one month's support obligation and (1) the court finds that there
is good cause not to require immediate
income
withholding; or (2) a written agreement is reached between the parties, which
provides for an alternate
arrangement.
Delinquent
arrearage balances may be reported to credit agencies. On and after the date it
is due, each unpaid
support
payment shall constitute a judgment against you.
IT
IS FURTHER ORDERED that, on payor's failure to comply with this order, payor
may be arrested and brought
before
the court for a contempt hearing; payor's wages, salary, commissions, and/or
income may be attached in
accordance
with law; payment on arrears will be increased without further hearing by
____________ a month until all
arrearages
are paid in full. Payor is responsible for court costs and fees.
Copies
delivered to parties on ____________ (date).
Consented:
__________________
__________________
__________________
Conference
Officer Plaintiff's Attorney
Plaintiff
__________________
__________________
Defendant
Defendant's Attorney
AND
NOW, this ____________ day of ____________, 20____________, upon consideration
of the support
recommendation/agreement
recited herein, the same is adopted and entered as an Order of Court.
By
the Court,
________________________
J.
FORM
105.05-7 Affidavit to Complaint
The
above Complainant, __________________ (name) being duly sworn, deposes
and says that he (or she) has
read
the foregoing Complaint, and that the statements made therein are true and correct.
________________________
Complainant
FORM
105.05-8 Affidavit of Indigency
Personally
appeared before me, the undersigned authority, __________________ (name),
Complainant in the
above
matter, who, being duly sworn according to law, deposes and says that he (or
she) is without funds to obtain an
attorney
or pay the costs in the foregoing matter and is in necessitous circumstances.
________________________
Complainant
FORM
105.05-9 Affidavit by Public or Private Agency
Before
me, the undersigned authority, personally appeared __________________ (name),
Complainant, who being
duly
sworn according to law, deposes and says that he (or she) is authorized
to make this affidavit, that he (or she)
believes
that the facts set forth in the Complaint are true and correct.
________________________
Signature
of Affiant
Sworn
to and subscribed
before
me this __________________ day
of
__________________ (date).
Notary
Public
My
commission expires: __________________
FORM
105.05-11 Petition for Modification of Existing Support Order
(caption,
including Docket No. and PACSES Case No.)
TO
THE HONORABLE JUDGES OF THE SAID COURT:
1.
The petition of ____________ respectfully represents that on ____________ (date),
an order of court was
entered
for the support of ____________. A true and correct copy of the order is
attached to this petition as Exhibit
1A.1
2.
Petitioner is entitled to ____________ (insert the relief sought, e.g.,
increase, decrease, modification,
termination,
suspension, vacation) of this order because of the following material and
substantial change(s) in
circumstances:
____________.
WHEREFORE,
petitioner requests that the court modify the existing order for support.
________________________
(Attorney
for Petitioner)
I
verify that the statements made in this complaint are true and correct. I
understand that false statements herein are
made
subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Date:_______________
___
__________________
(Petitioner)
FORM
105.05-13 Supplemental Income Statement
1.
This form is to be filled out by a person (check one) a. who operates a
business or practices a profession, orb.
who
is a member of a partnership or joint venture, orc. who is a shareholder in and
is salaried by a closed corporation or
similar
entity;
2.
Attach to this statement a copy of the following documents relating to the
partnership, joint venture, business
professional
corporation or similar entity:a. the most recent Federal Income Tax Return,
andb. the most recent Profit
and
Loss Statement.3. Name of Business: __________________ Address of Business:
__________________
Telephone:
4.
Nature of Business (check one)a. partnership ______b. joint venture
______c. professional ______d. closed
corporation
______e. other ______
5.
Name of accountant, controller or other person in charge of financial records:
Address:
__________________
6.
Annual Income from business: $ ____________a. how often is income received?
__________________b. gross
income
per pay period: __________________c. net income per pay period: __________________d.
specified
deductions,
if any: __________________
I,
__________________, verify that the statements made in the attached Income and
Expense Statement are true
and
correct to the best of my knowledge, information and belief. I understand that
false statements made herein are
subject
to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification
to authorities.
________________________
Signature
of (Plaintiff/Defendant)
FORM
105.05-14 Description Sheet of Person Wanted for Non-Support
(Montgomery
County)
DESCRIPTION
SHEET OF PERSON WANTED FOR NON-SUPPORT
DATE
__________________ CASE NO. __________________
NAME
OF DEFENDANT __________________
ALIAS
(other names used) __________________
ADDRESS
(including phone number) __________________
EMPLOYMENT
__________________
NAME
OF COMPANY __________________
ADDRESS
OF COMPANY __________________
OCCUPATION
__________________ SOC. SEC. # __________________
DESCRIPTION
OF CAR __________________ LICENSE NO __________________
BIRTH
DATE __________________ AGE ______ RACE __________________ COMPLEXION
__________________
HAIR COLOR __________________ HEIGHT ______ WEIGHT ______ lbs. EYE COLOR
__________________
BUILD (slim, medium, etc.) __________________ MUSTACHE AND/OR BEARD
__________________
ADDITIONAL
PHYSICAL DESCRIPTION __________________
To
assist in the location of the Defendant, please supply a photo with this
Defendant information sheet. Has the
Defendant
ever been convicted of a crime? ______
When?
__________________
Where?
__________________
Charges?
__________________
Does
the Defendant have a history of mental illness, or is he known to carry a gun
or other weapon?
__________________
Has
an abuse order been filed?____________
Can
you think of anything else that will help us locate the Defendant, or can you
supply the Sheriff's Office and
Domestic
Relations Section with any additional information which will assist in locating
the Defendant? ______ Please
write
that information on back of this sheet.
Complainant's
Name
__________________
Soc.
Sec. #
__________________
Address
__________________
Employment
__________________
Home
phone
__________________
Work
phone
__________________
FORM
105.05-17 Entry of Appearance
(Caption)
TO
THE PROTHONOTARY OF SAID COURT:
Please
enter (my) (our) appearance for (Plaintiff/Defendant) in
the above named __________________ (type of
domestic
matter).
________________________
(Attorney
signature and ID #)
Attorney
for (Plaintiff/Defendant)
Date:
__________________
FORM
105.05-18 STIPULATION AND AGREEMENT-ORDER FOR SUPPORT
(caption
including docket no. and PACSES no.)
ORDER
AND
NOW, this ____________ day of ____________, 20 ____________ the annexed
Stipulation and Agreed
Order
for Support and dated ____________ is hereby entered as an ORDER of this Court.
________________________
J.
STIPULATION
AND ORDER FOR SUPPORT
The
parties hereby agree and stipulate to the following:
1.
Plaintiff is ____________ (1Wife1) in the above-captioned support matter.
2.
Defendant is ____________(1Husband1) in the above-captioned support matter.
3.
The parties are Husband and Wife having been married on ____________ in
____________ County,
____________.
4.
The parties have ____________ child(ren) born of the marriage:
5.
On ____________, Wife filed a Complaint in Divorce which included, among other
requests, a request for
support.
6.
Husband shall pay the following expenses on behalf of Wife and the parties'
children each month:
7.
The parties agree that this Stipulation shall be entered as an Order by a court
of competent jurisdiction.
_____________
__________________
_____
Witness
Date
_____________
_____
__________________
Witness
Date
FORM
105.05-19 STIPULATION AND AGREEMENT TO MODIFY SUPPORT ORDER
(Caption
including docket no. and PACSES no.)
ORDER
AND
NOW, this ____________ day of ____________, ____________ the annexed
Stipulation and Agreed Order
for
Modification of Support Order and dated ____________ is hereby entered as an
ORDER of this Court.
________________________
J.
STIPULATION
AND AGREEMENT FOR MODIFICATION OF SUPPORT ORDER
The
parties hereby agree and stipulate to the following:
1.
Plaintiff is ____________ (1Wife1) in the above-captioned support matter.
2.
Defendant is ____________ (1Husband1) in the above-captioned support matter.
3.
The parties were previously husband and wife having been divorced by a decree
of this court on ____________.
4.
Petitioner and Respondent are the parents of ____________ minor child(ren),
____________, born
____________.
5.
On ____________, The Honorable ____________ entered an Order of Support
providing that Father pay
$____________
per week in child support.
6.
Since the entry of the Support Order, the circumstances have changed in that
____________.
7.
As a result of these changes, the parties agree that Father's child support
payments should be ____________.
8.
The parties agree that this Stipulation shall be entered as an Order by a court
of competent jurisdiction.
By
the Court,
_____________
_____
__________________
Witness
Date
_____________
_____
__________________
Witness
Date
FORM
105.05-24 EXCEPTIONS TO RECOMMENDATION OF CONFERENCE OFFICER/MASTER
(check
one)
__________________
IN
SUPPORT
__________________
IN EQUITABLE
DISTRIBUTION
EXCEPTION
TO THE RECOMMENDATION dated the __________________ day of __________________,
20
__________________
A hearing de novo is requested in:
__________________
support
__________________
equitable distribution
__________________
__________________
Attorney
for Plaintiff or Attorney for Defendant
Pro
Se party, attorney ID or Pro Se party, attorney ID
__________________
__________________
Address
Address
__________________
__________________
Phone
No. () Phone No. ()
__________________
Signature
Field
by:
__________________
Plaintiff
__________________
Defendant
(check
one)
ORDER
AND
NOW, on __________________ (date ), exceptions having been filed to the
recommendation of
__________________
(conciliator) and a request for a hearing de novo, a hearing is fixed
for __________________
(date)
in courtroom No. ____________ of the Montgomery County Courthouse at
____________ (time).
By
the Court,
________________________
J.
cc:
Court
Administrator
Domestic
Relations
FORM
105.05-63 Statement of Arrearages for Entering Judgment
CASE
NAME: ________________________ FILE NO: ____________ CASE NO.: ____________
DATE
AND AMOUNT OF CURRENT ORDER: __________________
TOTAL
ARREARS DUE ON CURRENT CERTIFICATE FROM THE COLLECTION OFFICE: $____________
*
TOTAL ARREARS DUE THAT WERE NOT PREVIOUSLY REDUCED TO JUDGMENT: $____________
**
DATE THIS STATEMENT WAS PREPARED: __________________
REQUESTED
BY: __________________
PREPARED
BY: __________________
* IT
IS THE RESPONSIBILITY OF THE PARTY FILING THE PRAECIPE FOR JUDGMENT TO VERIFY
WHETHER
ANY ARREARS WERE PREVIOUSLY REDUCED TO JUDGMENT BY REVIEWING THE DOCKET
ENTRIES
AT THE ABOVE CASE NUMBER AND TO FILL OUT THE CERTIFICATION OF PARTY FILING
PRAECIPE
ON THE LOWER PORTION OF THIS FORM.
**
NOTE: THE STATUS OF EACH CASE VARIES FROM DAY TO DAY CAUSED BY ACCRUING
AMOUNTS
AND/OR PAYMENTS MADE.
CERTIFICATION
OF PARTY FILING FOR ENTRY OF JUDGMENT.
I
HEREBY CERTIFY THAT I HAVE EXAMINED THE DOCKET ENTRIES FOR CASE NO:
____________
AND
THAT THE AMOUNT OF SUPPORT ARREARS PREVIOUSLY REDUCED TO JUDGMENT TOTAL $.
________________________
Name
________________________
Date
FORM
105.05-64 Praecipe for Judgment
TO:
__________________, PROTHONOTARY
Kindly
enter judgment in favor of __________________ (Plaintiff/Defendant) and
against __________________
(Debtor)
in the amount of $ ____________.
By:________________________
________________________,
Esquire
Attorney
for (Plaintiff/Defendant)
FORM
105.05-65 Notice of Order, Decree or Judgment
TO:
( ) Plaintiff
( )
Defendant Garnishee
( )
Additional Defendant
You
are hereby notified that the following order, decree, or judgment has been
entered against you on.( ) Decree
Nisi
in Equity.( ) Final Decree in Equity.
( )
Judgment
of
( )
Confession ( ) Verdict
( )
Default ( ) Non-Suit
( )
Non-Pros ( ) Arbitration
Award
( )
Judgment is in the amount of $ ____________, PLUS COSTS.
( )
District Justice Transcript of Judgment in CIVIL ACTION in the amount of
$____________, PLUS COSTS.
( )
If not satisfied within sixty (60) days, your motor vehicle operator's license
will be suspended by the
Pennsylvania
Department of Transportation.
By:________________________
If
you have any questions concerning the foreging, please contact:Name of (Attorney/Filing
Party):
__________________
Address:
__________________
Telephone
Number: ____________
FORM
105.05-66 Praecipe for Writ of Execution
To
the Prothonotary:
Please
issue a Writ of Execution in the above-captioned matter,(1) directed to the
Sheriff of County;(2) against
(Debtor)
defendant and (Bank/Institution), Garnishee;(3) and Index this Writ
against (Debtor) and (Bank/Institution),
Garnishee
as lis pendens against real property of the Debtor/Defendant in the name of the
garnishee as follows:
____________
(describe property)
(4)
Amount due $____________
Interest
$____________
(Costs
to be added) $____________
By:________________________,
Esquire
Attorney
for ________________________ (Plaintiff/Defendant)
FORM
105.05-67 Writ of Execution Notice
This
paper is a 1Writ of Execution.1 It has been issued because there is a judgment
against you. It may cause your
property
to be held or taken to pay the judgment. You may have legal rights to prevent
your property from being taken.
A
lawyer can advise you more specifically of these rights. If you wish to
exercise your rights, you must act promptly.
The
law provides that certain property cannot be taken and sold by the sheriff to
satisfy your debts. SUCH
PROPERTY
IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION
established
by law. This means that no matter what happens, the sheriff must give you from
the sale at least $300.00 in
cash
or property. There are also other exemptions which may be applicable to you.
Listed below is a summary of some
of
the major exemptions. You may have other exemptions or other rights. If you
have an exemption, you should do the
following
promptly:
(1)
Complete the claim form on the opposite side, and demand a prompt hearing.
(2)
Deliver the form or mail it to the sheriff's office at the address noted.
You
should come to court when and where you are told to appear ready to explain
your exemption. IF YOU DO
NOT
COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY.
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.
(Specify
Local Lawyer Reference Service)
WRIT
OF EXECUTION
To
the Sheriff of ____________ County:
To
satisfy the judgment, interest and costs against ____________ defendant,
(1)
You are directed to levy upon the property of the defendant and to sell his
interest therein;
(2)
You are also directed to attach the property of the defendant not levied upon
in the possession of
____________,
as garnishee, ____________ (description of property), and to notify the
garnishee that(a) An attachment
has
been issued;(b) The garnishee is enjoined from paying any debt to or for the
account of the defendant and from
delivering
any property of the defendant or otherwise disposing thereof;(c) the attachment
shall not include any funds in
an
account of the defendant with a bank or other financial institution(i) in which
funds are deposited electronically on a
recurring
basis and are identified as being funds that upon deposit are exempt from
execution, levy or attachment under
Pennsylvania
or federal law; or(ii) that total $300 or less. If multiple accounts are
attached, a total of $300 in all
accounts
shall not be subject to levy and attachment as determined by the executing
officer. The funds shall be set aside
pursuant
to the defendant's general exemption provided in 42 Pa.C.S. § 8123.
(3)
If property of the defendant not levied upon and subject to attachment is found
in the possession of anyone other
than
a named garnishee, you are directed to notify him that he has been added as a
garnishee and is enjoined as above
stated.
Amount
due $__________
__
Interest
from
____________
$__________
__
Costs
to be added $__________
__
__________________
(Name
of Prothonotary/
Clerk)
Seal
of the Court
By
____________
(deputy)
MAJOR
EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1.$300.00
exemption set by law.
2.Bibles,
school books, sewing machines, uniforms, and equipment.
3.Tools
of your trade, such as carpenter's tools.
4.Most
wages and unemployment benefits.
5.Social
Security benefits, certain retirement funds and accounts.
6.Certain
veteran and armed forces benefits.
7.Certain
insurance proceeds.
8.Such
other exemptions as may be provided by law.
FORM
105.05-68 Claim for Exemption
TO
THE SHERIFF:
I,
__________________, the above-named defendant, claim exemption of property from
levy of attachment:
(1)
FROM MY PERSONAL PROPERTY IN MY POSSESSION THAT HAS BEEN LEVIED ON,(a) I desire
that
my
statutory $300.00 exemption be
($_________
___)
(1)
set aside in kind: __________________
(specify
property to be set aside in kind );
($
___________
_)
(2)
paid in cash following the sale of the
property
levied on; or
(b)
I claim the following exemption: __________________ (specify property and
basis of exemption );
(2)
FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE
FOLLOWING
EXEMPTIONS:(a) My $300.00 statutory exemption:($____________) in
cash;($____________) in
kind:
__________________ (specify property );(b) Social Security benefits on
deposit in the amount of
$____________;(c)
Other: __________________ (specify amount and basis for exemption ).
I
request a prompt court hearing to determine the exemption.
Notice
of the hearing should be given me at the following:
__________________
__________________
(Address)
(Telephone Number)
I
verify that the statements made in this claim for exemption are true and
correct. I understand that false statements
herein
are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Date:
________________________
________________________
Defendant
THIS
CLAIM TO BE FILED WITH: __________________ (Specify address and telephone
number )
FORM
105.05-69 Affidavit
)
ss:
Before
me the undersigned authority, a Notary Public, in and for said County and
Commonwealth personally
appeared,
who being duly sworn according to law deposes and says that the facts and
statements are true and correct to
the
best of his (or her) knowledge, information and belief.
________________________
Sworn
to and subscribed before me on this ____________ day of __________________.
________________________
FORM
105.05-70 Interrogatories to Garnishee
TO:
__________________ (Bank/Institution )
__________________
(Address )
You
are required to file Answers to the following Interrogatories within twenty
(20) days after service upon you.
Failure
to do so may result in judgment against you.
INTERROGATORIES
TO GARNISHEE
1.
At the time you were served or at any subsequent time, did you owe the (Debtor),
Social Security Number
(hereinafter
referred to as 1Debtor1) any money or were you liable to him (or her) on
any negotiable or other written
instrument,
or did he (or she) claim that you owed him (or her) any money or
were liable to him (or her) for any
reason?
2.
At the time you were served or at any subsequent time, was there in your
possession, custody, or control or in the
joint
possession, custody, or control of yourself and one or more other persons any
property of any nature owned solely
or
in part by the debtor?
3.
At the time you were served or at any subsequent time, did you hold legal title
to any property of any nature
owned
solely or in part by the debtor or in which debtor held or claimed any
interest?
4.
At the time you were served or at any subsequent time, did you hold as
fiduciary any property in which the
debtor
had an interest?
5.
At any time before or after you were served, did the debtor transfer or deliver
any property to you or to any
person
or place pursuant to your direction or consent and, if so, what was the
consideration therefor?
6.
At any time after you were served did you pay, transfer, or deliver any money
or property to the debtor or to any
person
or place pursuant to his (or her) direction or otherwise discharge any
claim of the debtor against you?
7.
If you are a bank or other financial institution, at the time you were served
or at any subsequent time did the
defendant
have funds on deposit in an account in which funds are deposited electronically
on a recurring basis and
which
are identified as being funds that upon deposit are exempt from execution, levy
or attachment under Pennsylvania
or
federal law? If so, identify each account and state the reason for the
exemption, the amount being withheld under
each
exemption and the entity electronically depositing those funds on a recurring
basis.
8.
If you are a bank or other financial institution, at the time you were served
or at any subsequent time did the
defendant
have funds on deposit in an account in which the funds on deposit, not
including any otherwise exempt funds,
did
not exceed the amount of the general monetary exemption under 42 Pa.C.S. §
8123? If so, identify each account.
By:________________________,
Esquire
Attorney
for (Plaintiff/Defendant)
FORM
105.05-71 Praecipe for Judgment Against Garnishee (Bank/Institution)
TO
THE PROTHONOTARY:
Kindly
enter judgment against the Garnishee, (Bank/Institution) in the amount of
$____________.
By:________________________,
Esquire
Attorney
for (Plaintiff/Defendant)
FORM
105.05-72 Certificate of Service
I
hereby certify that the within Praecipe for Judgment against Garnishee was
served upon the person in the manner
indicated
below on this ____________ day of __________________.
Service
by First-Class Mail, Postage Prepaid:
__________________
(Bank/Institution )
__________________
(Address )
By:________________________,
Esquire
Attorney
for (Plaintiff/Defendant)
FORM
105.05-73 Praecipe to Settle, Discontinue, and Satisfy
TO
THE PROTHONOTARY:
To
settle, discontinue, and satisfy the above-captioned case as to garnishee only.
Others:
__________________.
________________________
Attorney
for Plaintiff
________________________
Attorney
for Defendant
I
hereby certify that the foregoing is a true and correct statement of the
above-captioned case.
This
statement is made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating
to unsworn falsifications to
authorities.
By:________________________
FORM
106.03-2 Acknowledgment of Paternity and Waiver of Trial
Family
Court Division (or) Domestic Relations Section
I,
____________, do hereby acknowledge that I am the father of the following
child(ren) born to ____________
(natural
mother) of ____________ (her address):
Child's
Name Date of Birth Place of Birth
_____________
_____
______________
____
______________
____
_____________
_____
______________
____
______________
____
_____________
_____
______________
____
______________
____
I
have been advised of and do hereby waive my rights to (1) a trial on the issue
of paternity which must be proven
by a
preponderance of the evidence, (2) an attorney to represent me on the issue of
paternity both at the trial thereon and
in
this action for support and (3) appointment of an attorney to represent me on
the issue of paternity only; this attorney
would
be provided if I could establish that I qualify for such representation due to
indigence.
Witness:
__________________
Domestic
Relations Officer
________________________
Defendant
________________________
Attorney
for Defendant
I
verify that the statements made in this acknowledgment and waiver are true and
correct. I understand that false
statements
herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904,
relating to unsworn falsification
to
authorities.
Date:
____________
________________________
Defendant
ORDER
AND
NOW, this ____________ day of ____________, ______ (year), upon recommendation
of the Domestic
Relations
Officer named above, the acknowledgment of paternity and waiver of trial are
accepted.
By
the Court:
________________________
J.
FORM
106.03-3 Order for Blood Test-Paternity
AND
NOW, this ____________ day of ____________, ______ (year), upon denial of
paternity by the defendant,
____________,
and upon petition by the defendant through his counsel, ____________, Esquire,
the court makes the
following
order:
The
Complainant, ____________, the minor child or children, whose paternity is in
question, ____________, and
the
defendant, ____________, are hereby ordered to submit to genetic testing.
The
genetic testing is to take place on the ____________ day of ____________,
________________________
(year),
at ____________ o'clock ____________.M. at ________________________ (address).
The cost
of said testing shall be paid by the defendant.
The
Domestic Relations Section of this Court, will be responsible for contacting
the blood laboratory, arranging the
date
and time for testing and notifying all parties, for the collection and
disbursement of the fees in regard thereto and
for
forwarding the findings of the laboratory to all parties of the case and to the
Court sitting.
By
the Court:
________________________
J.
FORM
106.03-4 ORDER TO APPEAR FOR GENETIC TESTING
The
Defendant has not acknowledged paternity of the following child(ren):
CHILD'S
NAME DATE OF
BIRTH
PLACE
OF BIRTH
_____________
_____
_____________
_____
born
to ________________________ (name of biological mother).
The
parties and the child(ren) are ordered to appear for genetic testing on
____________ (date), at ____________
(time),
at ________________________ (address), and to stay until excused.
If
the defendant fails to appear for genetic testing as ordered, the court will
enter an order finding that the defendant
is
the father of the child. If the plaintiff fails to appear or fails to make the
child(ren) available for testing as ordered, the
court
may enter an order dismissing the paternity action without prejudice.
BY
THE COURT,
________________________
J.
FORM
106.03-5 Petition for Blood Test
TO
THE HONORABLE, THE JUDGES OF SAID COURT:
The
Petition of __________________ (name) respectfully represents as
follows:
1.
This petition is brought under the Uniform Act on Blood Tests to Determine
Paternity.
2.
Petitioner/Plaintiff, __________________ (name), resides at
__________________ (address).
3.
Respondent/Defendant __________________ (name), is an individual residing
at __________________
(address).
4.
The Petitioner/Plaintiff has named Respondent as the father of her child
__________________ (name of child),
born
__________________, (date of birth), in her complaint for support filed
__________________, (date of filing).
5.
The Respondent/Defendant denies paternity of the said minor child.
6.
The Petitioner/Plaintiff desires to support her claim of paternity and
therefore wishes to present the results of
genetic
testing taken of Petitioner, the subject child, and Respondent.
7.
The Petitioner/Plaintiff is receiving public assistance.
WHEREFORE,
Petitioner respectfully requests this Honorable Court to enter an Order
directing that Petitioner,
Respondent,
and the subject child submit to genetic tests. The costs are to be paid by the
County of ____________,
Pennsylvania,
with reimbursement to be paid by Defendant if a finding of paternity is
ultimately made against the
Defendant.
By:
________________________
Attorney
for Petitioner/Plaintiff
FORM
106.03-6 Order
AND
NOW, this __________________, (date), upon consideration of the within
Petition and pursuant to the
Uniform
Act on Blood Tests to Determine Paternity, 23 Pa. Cons. Stat. Ann. § 5104.
IT IS HEREBY ORDERED
THAT:Defendant
Plaintiff
Minor
Child of Plaintiff
appear
at the __________________ Health Department, __________________ (address),
__________________,
Pennsylvania,
for genetic tests on __________________, (testing date) at ____________
______.m. to be performed by
__________________
Laboratories, Inc., the results of which may be offered into evidence. It is
further ORDERED
that
the costs of said tests shall be borne by County of Chester, Pennsylvania, with
reimbursement to the County by the
Defendant,
if a finding of paternity is ultimately made against the Defendant.
By
the Court,
________________________,
J.