[30 Pa.B. 1511]

[Continued from previous Web Page]

MOTION FOR APPOINTMENT OF
COURT HEARING OFFICER
IN DIVORCE

   AND NOW, ______ , ____ , ______moves the Court to appoint the Court Hearing Officer with respect to the following claims:

(   )  Divorce	(   )  Distribution of Property
(   )  Annulment	(   )  Support
(   )  Alimony	(   )  Counsel Fees
(   )  Alimony Pendente	(   )  Costs and Expenses Lite

and in support of the motion states:

   (1)  Discovery is complete as to the claim(s) for which the appointment of the Court Hearing Officer is requested.

   (2)  The statutory ground(s) for divorce (is) (are)

__________

__________

   (a)  If 3301(c), affidavit of consent filed by
 
Plaintiff _________________ ,______
(date)

Defendant. _________________ ,______
(date)

   (b)  If 3301(d), Plaintiff's affidavit filed ______ , (date)

Defendant's counter affidavit, if any, filed ______ , (date)

   (3)  Delete the inapplicable paragraph(s):

   (a)  The action is not contested.

   (b)  An agreement has been reached with respect to the following claims:

__________

__________

   (c)  The action is contested with respect to the following claims: __________

   (4)  The action (involves) (does not involve) complex issues of law or fact.

   (5)  The hearing is expected to take ______ (hours) (days).

   (6)  The Complaint was filed ____  and served ____ .

   (7)  Matters at issue under the pleadings which are not to be referred to the Court Hearing Officer:

__________

__________

   (8)  Attached hereto is the completed form required by Pa.R.C.P. No. 1920.46.

   (9)  I hereby certify that Pa.R.C.P. No. 1920.31(a) is ____ applicable, ____ not applicable, and the income and expense statements have been filed as follows:

Plaintiff __________	Date __________
Defendant __________	Date __________

   (10)  I hereby certify that Pa.R.C.P. No. 1920.33(a) is ____ applicable, ____ not applicable, and the inventories have been filed as follows:

Plaintiff __________	Date __________
Defendant __________	Date __________

   (11)  Approximate monthly take home income of:

Plaintiff __________	Date __________
Defendant __________	Date __________

   (12)  If applicable, approximate value of marital assets to be distributed:

From Plaintiff's inventory __________
From Defendant's inventory __________

   (13)  Approximate value of assets as to which there is a dispute as to whether they are marital assets: $ _____

   (14)  Additional information, if any, relevant to the motion: __________

__________

   (15)  I hereby certify that all Court Hearing Officer's fees required to be paid have been paid.

Date: __________
 
__________
Attorney for: __________

ORDER APPOINTING COURT HEARING OFFICER

   AND NOW, ______ , ______ , ______ Esq., is appointed Court Hearing Officer in respect to the following claims:

   If not filed already the parties are ordered to file their pre-hearing statements within twenty (20) days from this date.

Per Curiam,
 
 
__________
Judge

Received of Plaintiff $ ______
 
______  ______
ProthonotaryDate

Received of Defendant $ ______
 
______  ______
ProthonotaryDate

RULE L1920.76.  FORM OF DIVORCE DECREE

Rule L1920.76.  Incorporation of Agreement in Divorce Decree.

   If the parties conclude a written agreement as to any or all ancillary matters and desire to have the agreement incorporated into the divorce decree the agreement to be so incorporated must be filed of record and the parties must stipulate in writing that they desire that the agreement be incorporated into the divorce decree. If the stipulation is included in the agreement itself, the praecipe to transmit the record shall refer to the paragraph and page number(s) of the agreement at which the stipulation may be found.

MISCELLANEOUS

Rules L2039, L2064, and L2206.  Approval of compromises involving minors, incapacitated persons, wrongful death and survival actions.

   1.  Minor or incapacitated person's compromises:

   Situs of the filing of the petition.

   (a)  Petitions for approval of settlements in cases where minors or incapacitated persons have an interest shall be filed with the Prothonotary if the underlying suit has been filed with the Prothonotary. If no suit has been filed, such petitions shall be filed with the Clerk of the Orphans' Court.

   (b)  Contents of petition. The petition shall be substantially in the form set forth hereunder, and shall:

   (1)  set forth the date of birth and social security number of the minor plaintiff or incapacitated person, the names and addresses of the minor's parents, the name of the plaintiff's guardian and the appointing court, the address of the plaintiff, and a factual recitation of the salient facts which form the bases of the cause of action;

   (2)  state the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, periodic and lump sum payments, and otherwise comply with Pa.R.C.P. 2039 and 2064;

   (3)  state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare;

   (4)  contain or be accompanied by the following:

   (a)  a written report of a physician setting forth the present condition of the minor or incapacitated person;

   (b)  a statement under oath by the guardian and, if appropriate, the parent(s), certifying (i) the present physical or mental condition of the minor or incapacitated person, and (ii) approval of the proposed settlement and distribution thereof;

   (c)  a statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and

   (d)  if there is to be an allocation between parents and children or incapacitated persons, or among children or other parties, the amounts allocated to each party and the specific reasons for such allocation must be set forth. In the event more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each plaintiff is to receive and shall provide justification for the requested allocation;

   (e)  in the event that a minor is sixteen (16) years of age or older, his or her written approval of the proposed settlement and distribution thereof.

   (f)  a proposed Order.

   (g)  Opinion of Guardian. When the minor or incapacitated person is represented by a guardian ad litem, the guardian ad litem shall submit a statement concerning his/her opinion as to the reasonableness of the proposed settlement and requested allocation of the gross settlement proceeds.

   (h)  Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary certifying compliance with the court order, and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

   2.  Petitions for Approval of Settlements in Wrongful Death/Survival Actions.

   (a)  When Required.

   (1)  Survival Action. Court approval of settlements in survival actions is always required.

   (2)  Wrongful Death. If the complaint only raised a wrongful death claim, court approval of settlements shall be required only where a minor or incapacitated person has an interest.

   (3)  Combined Wrongful Death and Survival Actions. If the complaint raised wrongful death and survival claims, court approval is required as to allocation between the categories notwithstanding the absence of minors or incapacitated persons, even if plaintiff requests that the entire proceeds be allocated entirely to the wrongful death claim.

   (b)  Situs of the Filing of the Petition. Petitions for Approval of Settlements in Wrongful Death or Survival Actions shall be filed with the Prothonotary if the underlying suit has been filed with the Prothonotary. If no suit has been filed, such petitions shall be filed with the Clerk of the Orphans' Court.

   (c)  Contents of Petition. The Petition shall be substantially in the form set forth hereunder, and shall:

   (1)  set forth the date of death of plaintiff-decedent, the name of the personal representative of the estate and the county of appointment. A copy of the Decree of the Register must be attached;

   (2)  state the terms of the settlement, including the specific allocation as between wrongful death and survival, name the wrongful death beneficiaries and the amount each is to receive, name the intestate heirs of Plaintiff-decedent as of the date the cause of action arose, state reasons why the settlement and allocation are reasonable, and otherwise comply with Pa.R.C.P. 2206. In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum payments.

   (3)  show compliance with Pa.R.C.P. 2205 and set forth the name, relationship and address of plaintiff-decedent's intestate heirs who must be served with a copy of the petition (as required by 20 Pa.C.S.A. § 2101, et. seq.)

   (4)  identify any other parties who may have a possible interest in plaintiff-decedent's estate, and list unpaid claims raised, or which are outstanding, in the decedent's estate;

   (5)  state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare; and

   (6)  attach a proposed order.

   (d)  Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary substantially in the form set forth hereunder, certifying compliance with the court order and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

   3.  Petitions for Allowance

   (a)  Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of Warren/Forest County shall be filed directly with such division. A copy of the order approving the settlement shall be attached to the petition.

   (b)  Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of a county other than Warren/Forest County, or by a different state, shall be filed directly with such appointing court. A copy of the order approving the settlement shall be attached to the petition.

   (c)  Petitions for Allowance in those cases where a guardian has not been appointed shall be filed with the Orphans' Court Division of the appropriate county or other state. A copy of the order approving the settlement shall be attached to the petition.

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
WARREN/FOREST COUNTY
CIVIL

______
Plaintiff
         vs.               No.

______
Defendant

PETITION FOR LEAVE TO SETTLE OR COMPROMISE
MINOR'S ACTION

To the Honorable, ______ the Judge of the said court:

   The petition of ______ , a minor, by his guardian (see Pa.R.C.P. § 2028), by his attorney, ______ , Esq. respectfully requests:

   1.  Petitioner is (see Pa.R.C.P. 2026): ______ .

   2.  The minor was born on ______ and his/her social security number is ______ .

   3.  The minor resides with ______ at the following address: __________

   4.  A guardian (was)(was not) appointed for the minor as follows: __________

   __________

   A copy of the order is attached.

   5.  The minor's mother is ______ who resides at the following address: ______ .

   6.  The minor's father is ______ who resides at the following address: ______ .

   7.  The defendant is ______ who resides or whose principal place of business at all relevant times was ______ .

   8.  On ______ , the minor sustained the following injuries at the following location (set forth in detail): __________

__________

__________

(If additional space is needed, please continue on separate page.)

   9.  A complaint was filed against defendant(s) as follows: __________

__________

   10.  Attached hereto is a report by Dr. __________
dated ______ which sets forth the present condition of the minor.

   11.  Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or guardian ad litem certifying the physical and/or mental condition of the minor, as well as the parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and distribution.

   12.  Attached hereto is the written approval of the proposed settlement and distribution by the minor, who is sixteen (16) years of age or older.

   13.  The following settlement has been proposed:

__________

__________

(If additional space is needed, please continue on separate page.)

   14.  Counsel is of the professional opinion that the proposed settlement is reasonable due to the following:

__________

__________

(If additional space is needed, please continue on separate page.)

   15.  Counsel has incurred the following expenses for which reimbursement is sought. (Please set forth in detail):

__________

__________

__________

(If additional space is needed, please continue on separate page.)

   16.  The following costs have been incurred by or on behalf of the minor and must be paid from the proceeds of the settlement:

__________

__________

__________

(If additional space is needed, please continue on separate page.)

   17.  The Department of Public Welfare, or any other entity, does (not) have a claim or lien against the plaintiff(s) as follows:

__________

__________

(If additional space is need, please continue on separate page.)

   18.  Counsel requests a fee in the sum of $ _____ which is ____ % of the net settlement payable to the minor. A copy of the retainer fee is attached.

   19.  Counsel (has)(has not) and (will)(will not) receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation).

   20.  The net settlement payable to the minor (after deduction of costs and attorney's fees) is $ ______ .

   WHEREFORE, Petitioner requests that he/she be permitted to enter into the settlement recited above and that the Court enter an Order of Distribution as follows:

   a.  To __________
$ ______

   Reimbursement for Costs

   b.  To __________
$ ______

   c.  To __________
$ ______
      Counsel fee

   d.  To:  Adult Plaintiff(s) (if applicable)
 
__________
$ ______

   e.  To ______ , a minor, in restricted accounts not to be withdrawn before majority or upon leave of Court
$ ______

OR

   f.  To ______ , the guardian of the estate of ______ , a minor, appointed or to be appointed by the Orphans' Court of ______ County, after posting appropriate security.
$ ______

_________________
Name of attorney
Attorney for petitioner

VERIFICATION

   I, ______ , am the petitioner in this action and hereby verify that the statements made in the foregoing petition to settle or compromise minor's action are true and correct to the best of my knowledge, information and belief.

   I understand that the statement in said petition are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

         __________
         DatePetitioner

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

No.         of

ORDER APPROVING SETTLEMENT AND
ORDER FOR DISTRIBUTION

   AND NOW, this ______ day of ______ , __ , upon consideration of the Petition for Leave to Compromise a Minor's Action, filed ______  it is hereby ORDERED and DECREED that Petitioner is authorized to enter into a settlement with Defendant(s) ______ in the gross sum of ______ ($ _____ ) dollars. Defendant(s) shall forward all settlement drafts or checks to Petitioner's counsel for proper distribution.

   IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as follows:

   1.  To:  Minor Plaintiff(s)

Name

Date of birth

Social Security

__________
$ ______

__________
$ ______

   2.  Adult Plaintiff(s)

__________
$ ______

__________
$ ______

   IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as follows:

Name

Date of birth

Social Security #

__________
$ ______

   a.  To: _________________ , Esq. $ ______
         Reimbursement costs

   b.  To: _________________
$ ______

   c.  Costs to: _________________ , Esq.
$ ______
         Counsel fees

   d.  The balance, the sum of $ ______ payable to _________________ , a minor, shall b distributed as follows:

OPTION 1

   To: ______ , Guardian

   $ ______ of the Estate of ______ , a minor; provided, however, that no payment shall be made to the guardian until the guardian has posted additional security as required by the Orphans' Court Division of ______ County pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate petition shall be filed with the Orphans' Court within thirty (30) days.

OPTION 2

   Counsel is hereby authorized to execute all documentation necessary to purchase saving certificate(s), from federally insured banks or savings institutions having an office in Forest/Warren County, in the sum of $ _____ , each not to exceed the insured amount, with the funds payable to the minor upon majority. The certificate shall be titled and restricted as follows:

   ______ , a minor, not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the minor attains majority, except upon prior order of Court.

   Counsel shall open a savings account in the sum of $ ______ in the name of the minor. The savings account shall be titled and restricted as follows:

   ______ , a minor, not to be withdrawn before the minor attains majority, except for the payment of city, state, and federal income taxes on the interest earned by the savings certificate and savings account, or upon prior order of Court.

   2.  Adult Plaintiff

   The portion of the settlement payable to ______ , an adult plaintiff named in the complaint, shall be distributed as follows:

   To: ______ Esquire
$ ______
      Reimbursement of Costs
To: ______
$ ______
      Costs
To: ______,Esquire
$ ______
      Counsel Fees
To: ______
$ ______
      Plaintiff

   Counsel shall file with the Prothonotary within sixty (60) days from the date of this final order, proof of the establishment of the accounts as required herein, by affidavit from counsel certifying compliance with this order. Counsel shall attach to the affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

BY THE COURT
 
 
__________
Judge

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

_________________
                  vs.         No.         of

_________________

AFFIDAVIT

   I, ______ Esquire, hereby state and affirm that I have complied with the order issued on ______ by the Honorable ______ as follows:

   Copies of bank accounts are attached hereto.

   I verify that the statements in the affidavit are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________ , Esq.         ______
Attorney for PetitionerDate

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

______
               vs.         No.         of

______

PETITION TO SETTLE WRONGFUL DEATH
AND SURVIVAL ACTIONS

To the Honorable ______ , the Judge of the said court:

   The petition of ______ , Administrator/Executor of the Estate of ______ , deceased, by his attorney, ______ , Esq., respectfully requests:

   1.  Petitioner is ______ who was appointed Administrator/Executor of the Estate of ______ , deceased, on ______ , __ , by the Register of Wills of ______ County. A copy of the Decree of the Register is attached.

   2.  The plaintiff decedent died on ______ as a result of: [set forth relevant information describing the underlying negligence or cause of action as required by Forest/Warren Rule L ____ ]

__________

__________

(If additional space is needed, please continue on separate sheet).

   3.  Notice of the institution of the action as required by Pa.R.C.P. 2205 and Forest/Warren Rule L ______ was given on ______ to the following individuals:

Name                        Address

__________

__________

__________

   4.  Pursuant to Forest/Warren Rule L ______ Petitioner has served a copy of this petition on the intestate heirs of plaintiff decedent (as provided in 20 Pa.C.S. § 2101 et seq.) who are as follows:

Name                  Relationship      Address

__________

__________

__________

   5.  Pursuant to Forest/Warren Rule L ____ Petitioner has served a copy of this petition on the following parties who may have a possible interest:

Name               Relationship      Address

__________

__________

__________

   6.  Decedent (did)(did not) have a will. A copy is attached.

   7.  The following unpaid claims have been raised and/or are outstanding in the decedent's estate:

Creditor                     Amount due

__________

__________

__________

   8.  A complaint was filed against defendant(s) as follows: __________

__________

   9.  The following settlement has been proposed: __________

__________

(If additional space is needed, please continue on a separate page).

   10.  Counsel is of the professional opinion that the proposed settlement is reasonable due to the following (state the reasons why in the professional opinion of counsel the settlement is proper): __________

__________

__________

   11.  Petitioner is of the opinion that the proposed settlement is reasonable.

   12.  Counsel has incurred the following expenses for which reimbursement is sought (Please set forth in detail): __________

__________

__________

(If additional space is needed, please continue on separate page).

   13.  Counsel requests counsel fees in the amount of $ ______ which represents ____ % of the net proceeds of the settlement.

   14.  Petitioner requests allocation of the net proceeds of the settlement (after deduction of costs and attorneys fees) as follows:

   a.  Wrongful Death Claim

   $ ______

   b.  Survival

   $ ______

   15.  The reasons for the requested allocation are as follows: 

   __________

__________

   16.  Pursuant to the Wrongful Death Statute (42 Pa.C.S. § 8301), the beneficiaries of the Wrongful Death claim, and the proportion of their interest, are as follows:

Name	Amount due
_________________	$ ______
_________________	$ ______
_________________	$ ______
_________________	$ ______

   17.  The pecuniary loss suffered by the beneficiaries listed in Paragraph 15 is as follows: __________

__________

(If additional space is needed, please continue on a separate page).

   Wherefore, Petitioner requests that he/she be permitted into the settlement recited above, and that the Court enter an Order of Distribution as follows:

   a.  To: __________

   $ ______

   Reimbursement for costs

   b.  To: __________

   $ __________

   Costs

   c.  To: __________

   $ __________

   Counsel fees

   d.  Wrongful Death Claim

   i.  To: Spouse; and/or

   $ ______

   ii.  To: Adult child(ren); and/or

   $ ______

   iii.  To: Minor child(ren) and/or incapacitated persons;

   $ ______

         and/or

   (a)  in restricted accounts; or

   $ ______

   (b)  to the guardian of the minor(s) estate; and/or

   $ ______

   iv.  To: Parent(s)

   $ ______

   e.  Survival claim

   To: ______ , Administrator/ Executor of the Estate of ______ ,

   Deceased

   $ ______

Respectfully submitted,
 
__________
Attorney for Petitioner

VERIFICATION

   I, ______ , am the Petitioner in this action and hereby verify that the statements made in the foregoing Petition to Settle or Compromise Minor's Action are true and correct to the best of my knowledge, information and belief.

   I understand that the statement in said Petition are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________      ______
Petitioner                                     Date

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

_________________
               vs.                  No.         of

_________________

NOTICE

To: _________________
      (name of beneficiary)
Date: _________________

   You are hereby notified that, ______ , Administrator/Executor of the Estate of ______ , deceased has filed (or will file) on ______ , a Petition to Approve a Settlement of a Wrongful Death and Survival Action. A copy of that Petition is enclosed.

   If you object to the proposed settlement and/or proposed distribution, you must submit your written objections on Response to the Petition on or before ______ , ____ , to the following address:

      Prothonotary
Warren County Courthouse
204 Fourth Avenue
Warren, PA 16365
Prothonotary
Forest County Courthouse
Tionesta, PA 16353

   I hereby certify that the within Notice has been mailed to the above named individual(s) on the date set forth above.

      _________________
      Attorney for Petitioner

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

_________________
               vs.         No.      of

_________________

ORDER

   AND NOW, this ______ day of ______ , ______ , upon consideration of the Petition to Compromise Wrongful Death and Survival Action filed on ______ , ____ , it is hereby ordered and decreed that Petitioner is authorized to enter into a settlement with Defendant(s) ______ , in the gross sum of ($ _____ ) dollars. Defendant(s) shall forward all settlement drafts or checks to Petitioner's counsel for proper distribution.

   It is further ordered and decreed that the settlement proceeds are allocated as follows:

   1.  Wrongful Death

   $ ______

   2.  Survival Claim

   $ ______

   It is further ordered and decreed that the settlement proceeds be distributed as follows:

   1.  To: ______ , Esq.

            $ ______

            For costs

   2.  To: ______ , Esq.

            $ ______

            For counsel fees

   3.  The Wrongful Death Claim in the sum of

            $ ______

            shall be paid as follows:

            a.  To: Spouse; and/or

            $ ______

            b.  To:  Adult Child(ren); and/or

            $ ______

            c.  To:  Minor Child(ren) as provided hereunder

            $ ______

OPTION 1

To: _________________ , $ ______ Guardian of the Estate of ______ , a minor; provided, however, that no payment shall be made to the guardian until the guardian has posted additional security as may be required by the Orphans' Court Division of ______ County pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate petition shall be filed with the Orphans' Court within thirty (30) days.

OPTION 2

Counsel is hereby authorized to execute all documentation necessary to purchase saving certificate(s), from federally insured banks or savings institutions having an office in Forest/Warren County, in the sum of $ _____ , each not to exceed the insured amount, with the funds payable to the minor upon majority. The certificate shall be titled and restricted as follows:

   Not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or otherwise alienated before the minor attains majority, except upon prior order of Court. Counsel shall open a savings account in the sum of $ ______ in the name of the minor. The savings account shall be restricted as follows:

   Not to be withdrawn before the minor attains majority, except for the payment of city, state, and federal income taxes on the interest earned by the savings certificate and savings account, or upon prior order of Court.

   d.  To:  Parent(s)

         $ ______

   4.  The Survival Claim in the sum of $ _____ shall be paid to ______ , Administrator/Executor, of the Estate of ______ , deceased; provided, however, that counsel shall not distribute any funds to the said Administrator/Executor until the additional security as may be required by the Register of Wills of ______ County pursuant to 20 Pa.C.S. § 3323(b)(3) is posted.

   Within sixty (60) days from the date of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

BY THE COURT
 
 
__________
Judge

cc:  Register of Wills of ______ County

IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY
CIVIL

_________________
               vs.                  No.         of

_________________

AFFIDAVIT

   I, ______ Esq. hereby state and affirm that I have complied with the Order issued on ______ by the Honorable ______ as follows:

   Copies of bank accounts are attached hereto.

   I verify that the statements in this affidavit are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________ , Esq.      ______
Attorney for Petitioner                        Date

RULE L5000.  UNIFORM RULES GOVERNING
COURT REPORTING AND TRANSCRIPTS

Rule L5000.7.  Fees for Transcripts.

   (a)  The typing of transcripts and payment under provisions of this rule are not automatic. All transcripts must be ordered pursuant to the Uniform Rules Governing Court Reporting and Transcripts Adopted by the Pennsylvania Supreme Court (RJA 5000.1 et seq.).

   (b)  These local rules are intended to cover matters not covered by the Pennsylvania Uniform Rules Governing Court Reporting and Transcripts.

   (c)  In criminal cases where the defendant is represented by private counsel and in all civil cases except where a party has been permitted to proceed informa pauperis, the court reporters may charge, and a party requesting a transcript or copies shall pay, $2.15 per page for the original which shall be filed with the Clerk of Courts or Prothonotary, as the case may be, and $1.10 per page for any copy.

   (d)  Court reporters may require a deposit up to one-half of the estimated charge for any transcript or copies as a condition precedent to starting transcription. Court reporters are not required to file the original transcript and furnish copies until receipt of payment in full.

   (e)  These rates shall not apply to any transcripts produced on an accelerated schedule, i.e., daily copy, overnight or expedited transcripts.

Rule L5000.13.  Ownership of Notes; Safeguarding; Retention.

   (a)  The original transcript shall be available for the court. No person shall reproduce the original or a copy of the transcript by copy machine or other methods of image production. Any person making such a reproduction is liable to the reporter for the costs, and shall be liable for any other costs or damages as provided for by law.

   (b)  Unless otherwise provided by contract with the Court Reporter, all stenographic notes, tapes or other media used by a Court Reporter to record a proceeding shall remain in the custody of the Court for a period of seven (7) years except as hereinafter provided. Thereafter such records may be destroyed.

   (c)  In all first, second and third degree murder cases the stenographic notes, tapes or other media used by a court reporter to record a proceeding shall be safely stored, kept and maintained permanently and shall not be destroyed without specific court order pertaining thereto.

   (d)  Notwithstanding the foregoing subsections any interested party may petition the court to retain stenographic notes, tapes or other media used by court reporters to record a proceeding for additional periods of time and the court may enter a specific order in a specific case permitting a longer period of retention.

   (e)  The Prothonotary and Clerk of Courts shall not permit the original transcript or a copy thereof to leave their custody except for use by a judge, or by order of court, or for the use by an appellate court as required by law or rules of court.

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