Order Adopting Rule 205.6 and Amending Rules 229.2, 240, 1018, 2028 of PA RCP ( 2018 )

[This is an entirely new rule.]
Rule 205.6. Confidential Information and Confidential Documents. Certification.
Unless public access is otherwise constrained by applicable authority, any
attorney, or any party if unrepresented, who files a document pursuant to these rules
with the prothonotary’s office shall comply with the requirements of Sections 7.0 and 8.0
of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case
Records of the Appellate and Trial Courts (Policy) including a certification of compliance
with the Policy and, as necessary, a Confidential Information Form, unless otherwise
specified by rule or order of court, or a Confidential Document Form in accordance with
the Policy.
Note: Applicable authority includes but is not limited to statute,
procedural rule or court order. The Public Access Policy of the Unified
Judicial System of Pennsylvania: Case Records of the Appellate and Trial
Courts (Policy) can be found on the website of the Supreme Court of
Pennsylvania at http://www.pacourts.us/public-records. Sections 7.0(D)
and 8.0(D) of the Policy provide that the certification shall be in
substantially the following form:
I certify that this filing complies with the provisions of the
Public Access Policy of the Unified Judicial System of
Pennsylvania: Case Records of the Appellate and Trial
Courts that require filing confidential information and
documents differently than non-confidential information and
documents.
The Confidential Information Form and the Confidential Document
Form can be found at http://www.pacourts.us/public-records. In lieu of the
Confidential Information Form, Section 7.0(C) of the Policy provides for a
court to adopt a rule or order permitting the filing of a document in two
versions, a “Redacted Version” and an “Unredacted Version.”
Rule 229.2. Petition to Transfer Structured Settlement Payment Rights.
(a) ***
(b) ***
(c) ***
(d) ***
(e) ***
(f) The Payee’s Affidavit in Support of Petition shall be substantially in the
following form:
(Caption)
Payee’s Affidavit in Support of
Petition to Transfer Structured Settlement Rights
I, _____________, the payee, verify that the statements below are true and
correct:
1. Payee’s name, address and age: _______________________________
________________________________________________________________.
2. Marital Status:
____ Never Married; ____ Married; ____ Separated; ____ Divorced
If married or separated, name of spouse: ________________________.
3. Minor children and other dependents:
Initials of minor children, [N]names of other dependents, ages, and
places of residence: __________________________________________
__________________________________________________________.
4. Income:
(a) Payee’s monthly income and sources: ____________________
__________________________________________________________.
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(b) If presently married, spouse’s monthly income and sources: _____
__________________________________________________________.
5. Child support, alimony or alimony pendente lite
Obligation to pay: ___ Yes ___ No
If yes, state the amount of the obligation, to whom payable, and whether there
are arrearages:_________________________________________________________.
6. Previous transfers
Have you previously filed a petition to transfer payment rights under the
structured settlement that is the subject of this petition? ___Yes ___ No
If yes, for each petition that you filed,
(a) If the transfer was submitted for court approval, list the court, the
case caption and case number, and state whether the court
approved or disapproved the transfer:
_____________________________________________________
_____________________________________________________
_____________________________________________________.
(b) If the transfer was approved,
(i) State the name of the transferee and identify (listing due
dates and payment amount(s)) the payments involved in the
transfer:_______________________________________________
_____________________________________________________.
(ii) State the amount of money and the manner in which the
money was used:______________________________________
_____________________________________________________.
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(c) Have you ever transferred payments without court approval? If so,
please explain:
_____________________________________________________
_____________________________________________________.
7. Reasons for transfer
Describe in detail your reasons for the proposed transfer, including an
explanation as to why a sale of a lesser amount of the structured settlement amount will
not better serve your interests: ___________________________________________
______________________________________________________________________
8. Payment of debts
If you seek the transfer in order to pay debts, list each debt, including the name
of the creditor and the amount presently owed:
Debt Creditor Amount Owed
________________ __________________ $___________
________________ __________________ $___________
________________ __________________ $___________
Verification
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904, relating to unsworn falsification to authorities.
DATE: _______________ ________________________________
Signature
(g) ***
(h) ***
(i) ***
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Note: The form of order does not preclude a court from adding
additional language to the order as deemed appropriate in the
individual circumstances of a case.
The filings required by this rule are subject to the Public
Access Policy of the Unified Judicial System of Pennsylvania:
Case Records of the Appellate and Trial Courts. See Rule
205.6.
Rule 240. [In Forma Pauperis] In Forma Pauperis
(a) This rule shall apply to all civil actions and proceedings except actions
pursuant to the Protection From Abuse Act and Protection of Victims of Sexual
Violence or Intimidation Act.
Note: The term ‘‘all civil actions and proceedings’’ includes all
domestic relations actions except those brought pursuant to the
Protection From Abuse Act, [which are governed by] 23 Pa.C.S.
§ 6106, and Protection of Victims of Sexual Violence or
Intimidation Act, 42 Pa.C.S. §§ 62A01-62A20.
(b) A party who is without financial resources to pay the costs of litigation is
entitled to proceed [in forma pauperis] in forma pauperis.
(c) Except as provided by subdivision (d), the party shall file a petition and an
affidavit in the form prescribed by subdivision (h). The petition may not be filed prior to
the commencement of an action or proceeding or the taking of an appeal.
(1)(i) If the petition is filed simultaneously with the commencement of the
action or proceeding or with the taking of the appeal, the prothonotary shall
docket the matter and petition without the payment of any filing fee.
(ii) If the court shall thereafter deny the petition, the petitioner shall pay
the filing fee for commencing the action or proceeding or taking the appeal. A
party required to pay such fee may not without leave of court take any further
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steps in the action, proceeding or appeal so long as such fee remains unpaid.
Not sooner than ten days after notice of the denial of the petition pursuant to
Rule 236, the prothonotary shall enter a judgment of [non pros] non pros in the
action or proceeding or strike the appeal if the fee remains unpaid. The action,
proceeding or appeal shall be reinstated only by the court for good cause shown.
(2) If the action or proceeding is commenced or the appeal is taken
without the simultaneous filing of a petition, the appropriate filing fee must be
paid and shall not be refunded if a petition is thereafter filed and granted.
(3) Except as provided by subdivision (j)(2), the court shall act promptly
upon the petition and shall enter its order within twenty days from the date of the
filing of the petition. If the petition is denied, in whole or in part, the court shall
briefly state its reasons.
(d)(1) If the party is represented by an attorney, the prothonotary shall allow the
party to proceed [in forma pauperis] in forma pauperis upon the filing of a [praecipe]
praecipe which contains a certification by the attorney that he or she is providing free
legal service to the party and believes the party is unable to pay the costs.
(2) The [praecipe] praecipe shall be substantially in the form prescribed by
subdivision (i).
(e) A party permitted to proceed [in forma pauperis] in forma pauperis has
a continuing obligation to inform the court of improvement in the party’s financial
circumstances which will enable the party to pay costs.
(f) A party permitted to proceed [in forma pauperis] in forma pauperis shall
not be required to
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(1) pay any cost or fee imposed or authorized by Act of Assembly or
general rule which is payable to any court or prothonotary or any public officer or
employee, or
(2) post bond or other security for costs as a condition for commencing
an action or proceeding or taking an appeal.
(g) If there is a monetary recovery by judgment or settlement in favor of the
party permitted to proceed [in forma pauperis] in forma pauperis, the exonerated
fees and costs shall be taxed as costs and paid to the prothonotary by the party paying
the monetary recovery. In no event shall the exonerated fees and costs be paid to the
indigent party.
(h) The affidavit in support of a petition for leave to proceed [in forma
pauperis] in forma pauperis shall be substantially in the following form:
(Caption)
1. I am the (plaintiff) (defendant) in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting or defending the
action or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees
and costs is true and correct:
(a) Name:______________________________________________________
Address:____________________________________________________
___________________________________________________________
(b) Employment
If you are presently employed, state
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Employer:________________________________________________________
Address:_________________________________________________________
Salary or wages per month:__________________________________________
Type of work:_____________________________________________________
If you are presently unemployed, state
Date of last employment:____________________________________________
Salary or wages per month:__________________________________________
Type of work:_____________________________________________________
(c) Other income within the past twelve months
Business or profession:______________________________________________
Other self-employment:______________________________________________
Interest:__________________________________________________________
Dividends:________________________________________________________
Pension and annuities:______________________________________________
Social security benefits:_____________________________________________
Support payments:_________________________________________________
Disability payments:________________________________________________
Unemployment compensation and supplemental benefits:__________________
________________________________________________________________
Workers’ compensation:_____________________________________________
Public assistance:__________________________________________________
Other:___________________________________________________________
(d) Other contributions to household support
(Wife)(Husband) Name:_____________________________________________
If your (wife) (husband) is employed, state
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Employer:________________________________________________________
Salary or wages per month:__________________________________________
Type of work:_____________________________________________________
Contributions from children:__________________________________________
Contributions from parents:___________________________________________
Other contributions:_________________________________________________
(e) Property owned
Cash:____________________________________________________________
Checking account:_________________________________________________
Savings account:___________________________________________________
Certificates of deposit:______________________________________________
Real estate (including home):_________________________________________
Motor vehicle:_____________________________________________________
Make______________________________________,
Year_______________________________________,
Cost_______________________________________,
Amount Owed $______________________________
Stocks and bonds:_________________________________________________
Other:___________________________________________________________
________________________________________________________________
(f) Debts and Obligations
Mortgage:________________________________________________________
Rent:____________________________________________________________
Loans:___________________________________________________________
Other:___________________________________________________________
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(g) Persons dependent upon you for support
(Wife)(Husband) Name: ____________________________________________
Children, if any:
[Name] Initials: ______________________________________________
Age:_______________________________________________________
Other Persons:
Name:________________________________________________
Relationship:__________________________________________
4. I understand that I have a continuing obligation to inform the court
of improvement in my financial circumstances which would permit me to pay the
costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
Date:____________________ __________________________
Petitioner
(i) The praecipe required by subdivision (d) shall be substantially in the
following form:
(Caption)
[PRAECIPE] PRAECIPE TO PROCEED [IN FORMA PAUPERIS] IN FORMA
PAUPERIS
To the Prothonotary:
Kindly allow_______________________________, (Plaintiff) (Defendant) to
proceed [in forma pauperis] in forma pauperis.
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I, _____________________________________, attorney for the party
proceeding [in forma pauperis] in forma pauperis, certify that I believe the party is
unable to pay the costs and that I am providing free legal service to the party.
__________________________
Attorney for
(j)(1) If, simultaneous with the commencement of an action or proceeding or the
taking of an appeal, a party has filed a petition for leave to proceed [in forma pauperis]
in forma pauperis, the court prior to acting upon the petition may dismiss the action,
proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the
action, proceeding or appeal is frivolous.
Note: A frivolous action or proceeding has been defined as one
that ‘‘lacks an arguable basis either in law or in fact.’’ Neitzke v.
Williams, 490 U. S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).
(2) If the petitioner commences the action by writ of summons, the court shall
not act on the petition for leave to proceed [in forma pauperis] in forma pauperis until
the complaint is filed. If the complaint has not been filed within ninety days of the filing of
the petition, the court may dismiss the action pursuant to subdivision (j)(1).
Note: The filings required by this rule are subject to the Public
Access Policy of the Unified Judicial System of Pennsylvania:
Case Records of the Appellate and Trial Courts. See Rule
205.6.
Rule 1018. Caption.
Every pleading shall contain a caption setting forth the name of the court, the
number of the action and the name of the pleading. The caption of a complaint shall set
forth the form of the action and the names of all the parties, but in other pleadings it is
sufficient to state the name of the first party on each side in the complaint with an
appropriate indication of other parties.
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Note: Civil Actions and proceedings shall be captioned “Court of
Common Pleas of ___________ County - Civil Action” or other
appropriate form of action.
The caption of all legal papers filed in a medical professional
liability action must contain the designation “Civil Action -- Medical
Professional Liability Action.” See Rule 1042.16.
The caption of all legal papers filed in a civil action by
and against a minor must designate the minor by the initials of
his or her first and last name. See Rule 2028.
Rule 2028. Actions By and Against Minors. Averments in Plaintiff’s Pleading.
(a) An action in which a minor is plaintiff shall be entitled ‘‘A, a Minor, by B,
Guardian,’’ against the party defendant. The minor shall be designated by the
initials of his or her first and last name.
Note: Under the above rule the representative of a minor plaintiff is
termed a ‘‘guardian’’ regardless of whether under prior practice he
or she would be termed a legal guardian or a next friend.
(b) The initial pleading filed in behalf of a minor plaintiff shall state the name
and address of his or her guardian and the guardian’s relationship, if any, to the subject
matter of the action or to any of the parties thereto. In case the person selected as
guardian is a guardian appointed by any court of competent jurisdiction or by a will duly
probated, the initial pleading shall contain a reference to the record of the appointment.
(c) An action in which a minor is the defendant shall be commenced against
the minor [by name] in the manner in which a like action is commenced against an
adult. The minor shall be designated by the initials of his or her first and last
name.
Note: An action against a minor is begun in the same manner as
an action against an adult, although by Rule 2034[, infra,] as under
prior practice, the subsequent appointment of a guardian to
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represent the minor is essential to the rendition of a valid judgment
against the minor.
Note: The filings required by this rule are subject to the Public
Access Policy of the Unified Judicial System of Pennsylvania:
Case Records of the Appellate and Trial Courts. See Rule
205.6.
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