Exhibit B
In the Court of Common Pleas of the 39th Judicial District of Pennsylvania Franklin / Fulton County Branch - Domestic Relations Section
_______________Plaintiff | : DRS No. ________________________________ : |
v. | : : PACSES No. __________________________ |
Defendant | : : |
Pre-trial Memorandum for Appeal Hearing
IMPORTANT NOTICE: This Pre-trial memorandum must be filed with the DRS at least seven ______________________________(7) days before the appeal hearing. ______________________________
This pre-trial memorandum is being filed by (check one): a-¡ Plaintiff
[] Defendant
I (check one) [] did [] did not file a request for an appeal hearing.
I (check one) [] do [] do not have an attorney. My attorney's name is _____________________________
A.Issues: The issues I raise on appeal are as follows (attach extra sheet if necessary):
1. _______________________________________________________________________________________________________________________________________________________________
2. ________________________________________________________________________________________________________________________________________
3. __________________________________________________________________________________________________________________________________________________
B. Facts: I expect to prove the following facts to make my case (attach extra sheet if necessary):
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
For Child Support matters, it is suggested that you include information including each child's name, birth date and age. State the incomes of both plaintiff and defendant and where each is employed. State whether either the plaintiff or the defendant is receiving any benefits such as welfare, social security, worker's compensation, unemployment compensation, etc. and if any child is receiving any benefits such as welfare or social security, and state the amount of each benefit. State whether either the plaintiff or the defendant has other child or spousal support obligations, if known and the amount. If one or both of the parties pay child care expenses, state how much each pays. State which parent is seeking reimbursement for child care expenses. If one of the parties is paying health insurance premiums for any child, state how much and state who is seeking reimbursement. If you have a current custody arrangement, write down what it is. The Court uses it for support purposes, but will not make a decision on custody or visitation or change the current custody or visitation schedule.
For Spousal Support/alimony pendente lite matters, it is suggested that you state the date of marriage and the date of separation, as well as the status of any divorce action pending. State the ages and dates of birth of both wife and husband. State whether there is a marital home, who lives there and who pays the mortgage and how much. Set forth the income for the wife and husband and if either is retired, unemployed, disabled, etc. Identify any benefits that either party is receiving such as welfare, social security, worker's compensation, unemployment compensation, etc. State whether parties are working part time or full time. Provide information about any other support obligations that either wife or husband has for child support, if known. State how much is paid for health insurance for spouse and/or children, which spouse is paying that expense and who is seeking reimbursement. List any other expenses, with amounts, as it relates to the marriage, such as private school tuition for children's education, etc., and state who is seeking reimbursement for such expense. Include any information regarding entitlement for spousal support.
C.Witnesses: I will have the following witnesses present to testify. For each witness I have included the witness's name, address and what facts the witness will testify to (attach extra sheet if necessary).
1. ___________________________________________________________________________________________________________________________________________________
2. _______________________________________________________________________________________________________________________________
3. _______________________________________________________________________________________________________________________________
D.Exhibits: In addition to the documents which I am required to bring to the hearing, as listed below*, I expect to use the following exhibits or documents at the hearing:
1. ________________________
2. ________________________
3. ________________________
4. ________________________
5. ________________________
6. ________________________
* Each party is required to bring the following documentary evidence to the hearing and, if available, should provide the following evidence to the DRS office when this memorandum is filed:
1. a true copy of your most recent Federal Income Tax Return, including W-2's, as filed;
2. your pay stubs for the preceding six (6) months;
3. verification of child care expenses;
4. proof of medical coverage which you may have, or may have available to you, and the cost of it;
5. income and expense statements (for guideline cases showing only income and extraordinary expenses and for Melzer v. Witsberger cases-480 A.2d 991-completing entire income and expense statement).
E.Requested outcome: When the hearing is over and I have given all of my evidence to the judge, this is what I want the Judge to put in the order that will decide my case (use extra sheet if necessary):
Any party may complete the following sections but for parties who have been given a specially assigned time for your hearing, the following information is required:
F.Reference to governing legal authority:
________________________
________________________
________________________
________________________
________________________
________________________
________________________
G.For scheduling purposes, please give your best estimate of the amount of time the Court will need to hear your case: (check one): [] thirty (30) minutes or less [] 45 minutes [] one hour [] 1 1/2 hours [] two hours [] 3 hours or more
Date: ______________________________ Respectfully submitted,
Signature of Unrepresented Party or Party's Attorney
If appropriate: -> -> -> -> Firm Name:
_______________________
Address:
________________________________
________________________________
________________________________
Phone No:
________________________
Supreme Ct. ID No: ______________________________________________
Counsel for: [] Plaintiff [] Defendant
Note: Hearings have been assigned a special time when there are complex questions of law, fact or both; when the hearing will be protracted, or when the orderly administration of justice requires that the hearing be separately listed. When a hearing has been assigned a special time, discovery is available in accordance with Pa.R.C.P. 4001 through 4025. If discovery has been conducted, parties should attach a statement of what discovery has been sought and responded to, should identify issues related to failure to make discovery requested or failure adequately to respond, and should suggest to the Court whether it should or __________should not review discovery prior to the evidentiary hearing. _______________________________________________