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
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Mtg.
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Mtg.
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
______
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Mtg.
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Bank
Accounts
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
___________
_______
___________
_______
$__________
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
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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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__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
Securities
___________
_______
___________
_______
$__________