INTERROGATORIES MISCELLANEOUS

Transcription

1 SIX PART SIX INTERROGATORIES MISCELLANEOUS

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3 6-1 Miscellaneous Interrogatories The following sections contain interrogatories relating to specific circumstances, and may be added to the general interrogatories where applicable. 237

4 6-1.1 Counsel Fees IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA FAMILY DIVISION [Name of Plaintiff], Plaintiff vs. No. [Name of Defendant], Defendant QUESTIONS FROM [PLAINTIFF/DEFENDANT] TO [DEFENDANT/PLAINTIFF] REGARDING COUNSEL FEE ARRANGEMENTS * [These may be included as part of the First Set of Interrogatories, or a subsequent set of Interrogatories.] [Counsel insert General Introductory Matter (Section of this book), and Instructions and Definitions (Section 2-1.4).] 1. Have you entered into a written fee arrangement with your attorney? If so, please furnish a copy of the fee arrangement. 1, 2 Answer 2. Does the fee arrangement provide for a flat fee charge, hourly rate charge, results attained, or a combination thereof? Please describe with particularity the terms of the fee arrangement. Answer 3. Have you paid or agreed to pay a retainer fee to your counsel? If so, what is the amount of that retainer? What was the source of the funds used to pay your retainer? Answer * Footnotes for this section start on page

5 6-1.1 Counsel Fees 4. What is your attorney s current hourly rate? Is the hourly rate subject to increase at the conclusion of each calendar year or on any other basis? Answer 5. Is there any contingent or special fee arrangement in addition to the flat fee or hourly rate? If so, please describe. Answer 6. Please indicate the amount of counsel fees, costs, and expenses you have paid up to and including the date of your answering these interrogatories. Answer 7. a. Please indicate the total amount of fees, costs, and expenses, billed to you up to and including the date of your answering these Interrogatories. b. How often are you billed by your attorney? Answer 8. Is your attorney holding any monies in a trust account? If so, please indicate how much. Answer [Counsel insert Verification (section of this book).] 239

6 6-1.2 Retirement Plans IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA FAMILY DIVISION [Name of Plaintiff], Plaintiff vs. No. [Name of Defendant], Defendant RETIREMENT PLAN INTERROGATORIES FROM [PLAINTIFF/DEFENDANT] TO [DEFENDANT/PLAINTIFF] * [Counsel insert General Introductory Matter (Section of this book), and Instructions and Definitions (Section 2-1.4).] 1. Do you have any interest in any qualified or non-qualified deferred compensation arrangement or retirement program, including, but not limited to, IRAs, Keogh Plan, annuity benefits, retirement plan, pension plan, profit-sharing plan, savings plan, stock bonus plan, or thrift plan? If the answer is affirmative, please provide a. The exact title of the Plan. b. The name and address of the Plan Administrator. c. Copies of all statements for the past [number] years. 1, 2 Answer 2. If the answer to the preceding interrogatory is yes, please state or provide the following a. Your date of birth. b. Date of birth of spouse. c. Date of your marriage. d. Name and address of employer. e. Date of hire. f. Date of plan participation. * Footnotes for this section start on page

7 6-1.2 Retirement Plans g. Date of separation. h. Attach a copy of the current working plan document and all subsequent amendments. 1, 2 i. Attach a copy of the Summary Plan Description. 1, 2 j. If you have an interest in a defined benefit plan, attach a copy of the latest actuarial valuation, including all actuarial assumptions. 1, 2 k. State your annual salary or employment income received from the retirement benefit employer for the past five years, on a year-by-year basis, giving total compensation and also the compensation, including bonuses, used for calculation of pension benefits, if different. l. Have there been any loans from the plan? If yes, please provide a copy of the note in support of loan. 1, 2 If so, please state Date(s) and amount(s) borrowed. Repayment schedule. 3) Date(s) and amount(s) of repayment. 4) Current balance of debt obligation to Plan. m. Are you overfunded in any retirement plan? If so, please explain. n. Have you made any voluntary contributions to any of the plans? Were these voluntary contributions with before- or after-tax dollars? If so, please indicate The date(s) of voluntary contributions. Amount(s) of voluntary contributions. Answer 3. What is your normal retirement date under the plan? Does the plan have early retirement provisions? Answer 4. Are you currently, or have you ever been, a participant in any type of non-qualified compensation program or excess benefit plan? If so, please provide a detailed description. Answer 5. Please attach a copy of your most recent pay stub. 1, 2 Answer 241

8 Interrogatories Miscellaneous 6. Do you have an interest in any benefits from any predecessor employer or from prior self-employment that are in a frozen or inactive state? If so, please give a detailed explanation, citing the name of the Plan(s), and the name and address of the employer with whom the benefits were earned. Answer 7. Does the Plan provide for selective investing? If so, what are the different categories in which you may opt to invest? (Equity, stock option, etc.) Answer 8. If yours is a defined benefit plan, what would your monthly income be at retirement if no further contributions were made to the Plan from the date of your answering these interrogatories? Answer 9. Who is/are the current beneficiary(ies) of your retirement plan? If there has been a change of beneficiary, when was it made? Who was the prior beneficiary? Why was the change made? Answer 10. Have you elected for survivor benefits under the Plan? Answer 11. If your answer to the previous Interrogatory is yes, please attach the documents setting forth the provisions for such benefit. 1, 2 Answer 12. Does the Plan provide for a cost-of-living adjustment? Answer [Counsel insert Verification (section of this book).] 242

9 6-1.3 Prior Marriages IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA FAMILY DIVISION [Name of Plaintiff], Plaintiff vs. No. [Name of Defendant], Defendant QUESTIONS FROM [PLAINTIFF/DEFENDANT] TO [DEFENDANT/PLAINTIFF] REGARDING PRIOR MARRIAGES 1. With reference to any previous marriage, please answer the following a. Full name of former spouse(s) b. Date of your marriage to former spouse(s) named above c. Date of your divorce from your former spouse(s), named above d. Are you paying alimony to a former spouse? If so, what are the amounts and terms? e. Were there any children born of this/these marriage(s)? If so, please indicate their name(s), age(s), and with whom residing. 243

10 Interrogatories Miscellaneous f. Who is supporting the children of the former marriage(s)? If you are the supporting parent, state the amount you are paying for the aforementioned children. g. Are any of the children attending a private or parochial school, college, or technical school for which you are paying tuition and/or room and board? If so, please describe the amounts you are paying for these expenses on an annual basis. h. As part of a prior divorce, do you have any obligations pursuant to a court order or marriage settlement agreement? If so, describe in detail the nature of these obligations. [Counsel insert Verification (section of this book).] 244

11 Part Six Notes 1. It may be necessary to obtain by filing a Request for Production of Documents or by obtaining an Authorization (see section 14-1 if opposing party will not attach voluntarily. 2. Counsel should instruct responding party to insert statement that [specific list of items] is enclosed. 245

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