1382 Amendments to the Rules of Civil Procedure relating to domestic relations matters; recommenda tion 128 republication

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1920 ]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 128 Republication

[44 Pa.B. 4165]
[Saturday, July 5, 2014]

 The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

 Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

 The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, October 3, 2014 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
E-mail: [e-mail]

 Deleted material is bold and [bracketed]. New material is bold.

By the Domestic Relations
Procedural Rules Committee

CAROL S. MILLS McCARTHY, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

 (Editor's Note: The following rule is new and printed in regular type to enhance readability.)

Rule 1920.17. Discontinuance. Withdrawal of Complaint.

 (a) The plaintiff may withdraw the divorce complaint and discontinue the divorce action by praecipe that includes a certification that:

 (1) no ancillary claims have been asserted by either party; and

 (2) grounds for divorce have not been established.

 (b) A party may withdraw a claim of equitable distribution only:

 (1) by written consent of both parties filed with the court, or

 (2) after filing and serving on the other party a written notice that the party intends to withdraw the claim of equitable distribution 20 days after service of the notice.

 (c) The notice required in subdivision (b) above shall be substantially in the following form:

(Caption)

NOTICE OF INTENTION TO WITHDRAW CLAIM FOR EQUITABLE DISTRIBUTION

TO: _________________

   (PLAINTIFF)  (DEFENDANT)

 (Plaintiff) (Defendant) intends to withdraw (his) (her) pending claim for equitable distribution of property twenty days after the service of this notice. Unless you have already filed with the court a written claim for equitable distribution, you should do so within twenty days of the service of this notice, or you may lose the right to assert a claim for equitable distribution. If a decree in divorce is entered and you have not filed a claim for equitable distribution, you will forever lose the right to equitable distribution of property.

 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

_________________
(Name)

_________________
(Address)

_________________
(Telephone)

 (d) In the event one party dies during the course of the divorce proceeding, no decree of divorce has been entered and grounds for divorce have been established, neither the complaint nor economic claims can be withdrawn except by the consent of the surviving spouse and the personal representative of the decedent. If there is no agreement, the economic claims shall be determined pursuant to the Divorce Code. If no personal representative has been appointed within one year of the decedent's death, then, upon motion of the surviving party, the court may allow the withdrawal or dismissal of the complaint and/or any pending economic claims.

 Official Note: To the extent that Tosi v. Kizis, 85 A.3d 585 (Pa. Super. 2014) holds that 23 Pa.C.S. § 3323(d.1) does not prevent the plaintiff in a divorce action from discontinuing the divorce action following the death of the defendant after grounds for divorce have been established, it is superseded.

Rule 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.

 (a)(1) [Within thirty days after the service of the pleading or petition containing] When either party has raised a claim for alimony or counsel fees, costs and expenses, each party shall file a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required at Rule 1910.27(c)(1) and a completed Expense Statement in the form required by Rule 1910.27(c)(2)(B). A party may not file a motion for the appointment of a master or a request for court action regarding alimony or counsel fees, cost and expenses until at least 30 days following the filing of that party's tax returns, Income Statement and Expense Statement. The other party shall file the tax returns, Income Statement and Expense Statement within 20 days of service of the moving party's documents. If a claim for child support, spousal support or alimony pendente lite is raised in a divorce complaint, no expense form is needed in a support action that can be decided pursuant to the support guidelines unless a party claims unusual needs or unusual fixed expenses or seeks deviation pursuant to Rule 1910.16-5 or apportionment of expenses pursuant to Rule 1910.16-6.

*  *  *  *  *

Rule 1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.

 (a) [Within ninety days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code, each] Each party shall file an inventory specifically describing all property owned or possessed at the [time the action was commenced] date of separation. A party may not file a motion for the appointment of a master or a request for court action regarding equitable distribution until at least 30 days following the filing of that party's inventory. The other party shall file the inventory within 20 days of service of the moving party's inventory. The inventory shall set forth as of the date of [the filing of the complaint] separation:

 (1) a specific description of all marital property in which either or both have a legal or equitable interest individually or with any other person and the name of such other person and all marital liabilities; [and]

 (2) a specific description of all property [in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property and the basis for such exclusion.] or liabilities that are claimed to be non-marital and the basis for such claim; and

 (3) the estimated value of each item of marital and non-marital property and the amount of each marital and non-marital liability.

 Official Note: Subdivision (c) of this rule provides sanctions for failure to file an inventory as required by this subdivision. An inventory [filed within the ninety day period] may be incomplete where the party filing it does not know of all of the property involved in the claim for equitable distribution. Consequently, the rule does not contemplate that a party be precluded from presenting testimony or offering evidence as to property omitted from the inventory. The omission may be supplied by the pre-trial statement required by subdivision (b).

*  *  *  *  *

Rule 1920.42. Affidavit and Decree under § 3301(c) or § 3301(d)(1) of the Divorce Code. Notice of Intention to Request Entry of Divorce Decree in § 3301(c) and § 3301(d)(1)(i) Divorces. Counteraffidavit.

 (a) If a complaint has been filed requesting a divorce on the ground of irretrievable breakdown and

 (1) both parties have filed an affidavit under § 3301(c) of the Divorce Code substantially in the form prescribed by Rule 1920.72(b), or

 (2) either party has filed a § 3301(d) affidavit under § 3301(d) of the Divorce Code substantially in the form prescribed by Rule 1920.72(d) [the averments of which] and has served it upon the other party along with a form counter-affidavit and the other party has admitted or failed to deny the averments of the § 3301(d) affidavit,

the prothonotary on praecipe in the form prescribed by Rule 1920.73(b) shall transmit the record to the court, which shall review the record and enter an appropriate decree. No master shall be appointed.

*  *  *  *  *

 (d)(1) Except as provided in (e), no decree shall be entered by the court under § 3301(c) or § 3301(d)(1)(i) of the Divorce Code unless a notice of intention to request entry of divorce decree, substantially in the form prescribed by Rule 1920.73(a), was mailed or delivered to the attorney of record of the party against whom the decree is to be entered or, if there is no attorney of record, to the party, along with a form counter-affidavit if none has been filed, at least twenty days prior to the date of the filing of the praecipe to transmit the record. [The] A copy of the praecipe, which shall state the date and manner of service of the notice, [a copy of which] shall be attached.

 (2) [If the party against whom the decree is to be entered has no attorney of record, the notice required by subdivision (d)(1) shall be accompanied by a form counter-affidavit substantially in the form prescribed by Rule 1920.72(e).] The affidavit required under § 3301(d) of the Divorce Code shall be filed with the prothonotary and served upon the other party, along with another form counter-affidavit. The moving party must wait a minimum of 20 days after service of the § 3301(d) affidavit before serving the Notice of Intention to File Praecipe to Transmit the Record and counter-affidavit or filing the waiver of notice pursuant to Rule 1920.72(c).

*  *  *  *  *

Rule 1920.54. Hearing by Master. Report. Related Claims.

 (a) If claims for child support, alimony pendente lite, or counsel fees and expenses have been referred to a master pursuant to Rule 1920.51(a), the master's report shall contain separate sections captioned ''Child Support,'' ''Alimony Pendente Lite,'' or ''Counsel Fees and Expenses'' as appropriate. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order stating

 (1) the amount of support or alimony pendente lite;

 (2) by and for whom it shall be paid; and

 (3) the effective date of the order.

 [The Income and Expense Statements shall be attached to the report.]

 (b) If a claim for alimony has been referred to a master, the report shall contain a separate section captioned ''Alimony.'' The report shall conform to the requirements of subdivision (a) and, in addition, shall set forth

*  *  *  *  *

Rule 1920.55-2. Master's Report. Notice. Exceptions. Final Decree.

 (a) After conclusion of the hearing, the master shall:

 (1) file the record and the report within

 (i) twenty days in uncontested actions or;

 (ii) thirty days [after] from the last to occur of the receipt of the transcript by the master or close of the record in contested actions; and

*  *  *  *  *

Rule 1920.72. Form of Complaint. Affidavit under § 3301(c) or § 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree under § 3301(c) and § 3301(d).

*  *  *  *  *

 (e)(1) The [counteraffidavit] counter-affidavit prescribed by Rule 1920.42(c)(2) shall be substantially in the following form in a § 3301(c) divorce:

(Caption)
COUNTER-AFFIDAVIT UNDER § 3301(c) OF THE DIVORCE CODE

 I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights.

 I understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.

 I verify that the statements made in this [counteraffidavit] counter-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: ______ _________________
(PLAINTIFF) (DEFENDANT)

 NOTICE: If you do not wish to claim economic relief, you should not file this [counteraffidavit] counter-affidavit.

 (2) The counter-affidavit prescribed by Rule 1920.42(d)(2) shall be substantially in the following form in a § 3301(d) divorce:

(Caption)
COUNTER-AFFIDAVIT UNDER § 3301(d) OF
THE DIVORCE CODE

 1. Check either (a) or (b):

 [  ] (a) I do not oppose the entry of a divorce decree.

 [  ] (b) I oppose the entry of a divorce decree because (Check (i), (ii), (iii) or [both] all):

 [  ] (i) The parties to this action have not lived separate and apart for a period of at least two years.

 [  ] (ii) The marriage is not irretrievably broken.

 [  ] (iii) There are economic claims pending.

 (2) Check [either (a) or (b)] (a), (b) or (c):

 [  ] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted.

 [  ] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights.

 [I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.]

 I UNDERSTAND THAT IN ADDITION TO CHECKING (b) ABOVE, I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS WITH THE PROTHONOTARY IN WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO REQUEST DIVORCE DECREE, THE DIVORCE DECREE MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I SHALL BE UNABLE THEREAFTER TO FILE ANY ECONOMIC CLAIMS.

 [  ] (c) Economic claims have been raised and are not resolved.

 I verify that the statements made in this counter-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.

*  *  *  *  *

Rule 1920.75. Form of Inventory.

 The inventory required by Rule 1920.33(a) shall be substantially in the following form:

(Caption)
INVENTORY OF

                                           _________________________________

 (Plaintiff) (Defendant) files the following inventory of all property owned or possessed by either party at the [time this action was commenced] date of separation and all property transferred within the preceding three years.

 (Plaintiff) (Defendant) verifies that the statements made in this inventory are true and correct. (Plaintiff) (Defendant) understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 relating to unsworn falsification to authorities.

_________________
(Plaintiff) (Defendant)

ASSETS OF THE PARTIES

 (Plaintiff) (Defendant) marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages.

*  *  *  *  *

 ( ) 24. [Debts due, including loans, mortgages held] Accounts receivable, including loans and mortgages payable to a party

 ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute)

 ( ) 26. Other

MARITAL PROPERTY

 (Plaintiff) (Defendant) lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date [this action was commenced] of separation:

Item	Description of	Names of	Estimated Value
Number	Property	All Owners	at Date of Separation

[NON MARITAL] NON-MARITAL PROPERTY

 (Plaintiff) (Defendant) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property:

Item	Description of	Reason for	Estimated Value	Estimated Value
Number	Property	Exclusion	at Date of Marriage	at Date of Separation

PROPERTY TRANSFERRED

Item	Description of	Date of	Consider-	Person to	Estimated Value
Number	Property	Transfer	ation	Whom Transferred	at Date of Separation

LIABILITIES

Item	Description of	Names of	Names of	Estimated Amount
Number	Property	All Creditors	All Debtors	at Date of Separation

[Pa.B. Doc. No. 14-1382. Filed for public inspection July 3, 2014, 9:00 a.m.]