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PA Bulletin, Doc. No. 06-88

THE COURTS

PART I. GENERAL

[231 PA. CODE CHS. 1910 AND 1920]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 76

[36 Pa.B. 273]

   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, April 7, 2006 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
FAX (717) 795-2175
E-mail: patricia.miles@pacourts.us

By the Domestic Relations
Procedural Rules Committee

NANCY P. WALLITSCH,   
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.11. Office Conference. Subsequent Proceedings. Order.

*      *      *      *      *

   (c)  At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their [income and expense statements] Income and Expense Statements in the [form] forms required by Rule 1910.27(c), completed as set forth below.

   (1)  For cases which can be determined according to the guideline formula, the [income and the expense statement need show only income and extraordinary] Income Statement must be completed and the Expense Statement at Rule 1910.27(c)(2)(A) should be completed if a party is claiming unusual needs and unusual fixed expenses.

   (2)  For cases which are decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), the [entire income and expense statement] Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be completed.

*      *      *      *      *

Explanatory Comment--1994

*      *      *      *      *

   Because the guidelines are income driven, the trier of fact has little need for the expense information required in the [income and expense statement] Income and Expense Statement. Therefore in guideline cases, the rule no longer requires that expense information be provided. If a party feels that there are expenses so extraordinary that they merit consideration by the trier of fact, that party is free to provide the information. In cases decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), living expenses are properly considered, and therefore must be presented on the [income and expense statement] Income and Expense Statement.

Explanatory Comment--2006

   The amendments reflect the separated Income Statement and Expense Statements in Rule 1910.27(c).

Rule 1910.27. Form of Complaint. Order. Income and Expense Statement. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification.

*      *      *      *      *

   (b)  The order to be attached at the front of the complaint set forth in subdivision (a) shall be in substantially the following form:

(Caption)
ORDER OF COURT

   You, ______ , defendant, are ordered to appear at ______ before ______ , a conference officer of the Domestic Relations Section, on the ____ day of ______ , 20 ____ , at ____ .M., for a conference, after which the officer may recommend that an order for support be entered against you. You are further ordered to bring to the conference

*      *      *      *      *

   (3)  the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c),

*      *      *      *      *

   (c)  The [income and expense statement] Income and Expense Statements to be attached to the order shall be in substantially the following form:

   (1)  Income Statement. This form must be filled out in all cases.

   ______ v, ______ No, _____

THIS FORM MUST BE FILLED OUT

   (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears [on the last page of this Income and Expense Statement] below.)

INCOME AND EXPENSE STATEMENT OF

__________

   I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.

Date: ______      __________Plaintiff or Defendant     

INCOME

*      *      *      *      *

Itemized Payroll Deductions:
   Federal Withholding $______
   [Social Security] FICA ______
   Local Wage Tax ______
   State Income Tax ______
   Mandatory Retirement______
   Union Dues
   [Savings Bonds ______
   Credit Union ______
   Life Insurance ______]

*      *      *      *      *

Other Income:

Week    Month    Year
                  (Fill in Appropriate Column)

*      *      *      *      *

   Pension Distributions                          ______                  ______                  ______

*      *      *      *      *

   [Expense Account__________________
   Gifts] __________________]
   Unemployment Comp. __________________
   [Workmen's] Workers Comp.__________________
   Employer Fringe Benefits __________________
   Other ______

*      *      *      *      *

[EXPENSES    Weekly    Monthly    Yearly
                  (Fill in Appropriate Column)
Home
   Mortgage/rent $ ______$ ______$ ______
   Maintenance __________________
   Utilities __________________
      Electric __________________
      Gas__________________
      Oil __________________
      Telephone __________________
      Water__________________
      Sewer __________________
   Employment
      Public transportation $ ______$______$______
      Lunch __________________
   Taxes
      Real Estate $______$ ______$ ______
      Personal property __________________
      Income __________________
   Insurance
      Homeowners $ ______$ ______$ ______
      Automobile __________________
      Life __________________
      Accident __________________
      Health __________________
      Other __________________
   Automobile
      Payments $ ______$ ______$ ______
      Fuel __________________
      Repairs __________________
   Medical
      Doctor $ ______$ ______$ ______
      Dentist __________________
      Orthodontist __________________
      Hospital __________________
      Medicine __________________
   Weekly   Monthly   Yearly
      Special Needs (glasses, braces,    orthopedic devices) __________________
   Education
      Private school $ ______$ ______$ ______
      Parochial school __________________
      College __________________
      Religious __________________
   Personal
      Clothing $ ______$ ______$ ______
      Food __________________
      Barber/hairdresser __________________
      Credit payments
         Credit card __________________
         Charge account __________________
         Memberships __________________
   Loans
      Credit Union $ ______$ ______$ ______
      ________________________
      ________________________
      ________________________
   Miscellaneous
      Household help $ ______$ ______$ ______
      Child care __________________
      Papers/books/magazines __________________
      Entertainment __________________
      Pay TV __________________
      Vacation __________________
      Gifts __________________
      Legal fees __________________
      Charitable contributions __________________
      Other child support __________________
      Alimony payments __________________
      Other __________________
      ______ $ ______$ ______$ ______
      ______ __________________
                  Total Expenses $ ______
______
$ ______
______
$______
______]

*      *      *      *      *

   (2)  Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In cases which must be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month, the parties must complete the Expense Statement in subparagraph (B) below.

   (A)  Guidelines Expense Statement. Unusual Needs and Unusual Fixed Expenses. At the conference, each party must provide receipts or other verification of needs and expenses claimed on this statement.

   Expense Statement of ______   PACSES Number ______

         Weekly         Monthly         Yearly
(Fill in Appropriate Column)
Mortgage (including real estate taxes    and homeowner's insurance) or Rent $______$ ______$ ______
Health Insurance Premiums
   Unreimbursed Medical Expenses
__________________
   Doctor __________________
   Dentist __________________
   Orthodontist __________________
   Hospital __________________
   Medicine __________________
   Special Needs (glasses, braces,       orthopedic devices) __________________
   Child Care __________________
   Private school __________________
   Parochial school __________________
   Loans/Debts __________________
   Support of Other Dependents __________________
   Other child support __________________
   Alimony payments __________________
   Other: (Specify) __________________
   ________________________
   Total Unusual Needs and Unusual Fixed Expenses $ ______$ ______$ ______

   (B)  Melzer Expense Statement. No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided.

   Expense Statement Of ______   PACSES Case Number ______
 

EXPENSES
MONTHLY
TOTAL
MONTHLY
CHILDREN
MONTHLY
PARENT
HOME
Mortgage or Rent
Maintenance
Lawn Care
2nd Mortgage
UTILITIES
Electric
Gas
Oil
Telephone
Cell Phone
Water
Sewer
Cable TV
Internet
Trash/Recycling
TAXES
Real Estate
Personal Property
INSURANCE
Homeowners
Automobile
Life
Accident/Disability
Excess Coverage
Long-Term Care
AUTOMOBILE
Lease or Loan Payments
Fuel
Repairs
Memberships
MEDICAL
Medical Insurance Doctor
Dentist
Hospital
Medication
Counseling/Therapy
Orthodontist
Special Needs (glasses, etc.)
EDUCATION
Tuition
Tutoring
Lessons
Other
PERSONAL
Debt Service
Clothing
Groceries
Haircare
Memberships
MISCELLANEOUS
Child Care
Household Help
Summer Camp
Papers/Books/Magazines
Entertainment
Pet Expenses
Vacations
Gifts
Legal Fees/Prof. Fees
Charitable Contributions
Children's Parties
Children's Allowances
Other Child Support
Alimony Payments
TOTAL MONTHLY EXPENSES

*      *      *      *      *

   (d)  The form to be used to obtain information relating to health insurance coverage from a party shall be in substantially the following form:

*      *      *      *      *

Explanatory Comment--2006

   Rule 1910.27(c) is amended to separate income and expense information and to elicit the expense information relevant in cases that fall within the guidelines, as well as those that do not. In cases which can be determined under the guidelines, no expense information need be provided unless a party is claiming unusual needs and expenses that may warrant a deviation pursuant to Rule 1910.16-5 or an apportionment of expenses pursuant to Rule 1910.16-6. If a party is claiming such expenses, the form at subsection (c)(2)(A) should be submitted. A separate expense form for cases in which the parties combined monthly net income exceeds $20,000 is set forth at subsection (c)(2)(B).

   Rule 1910.11(c) was amended, effective in March 1995, to provide that only income and extraordinary expenses need be shown on the Income and Expense Statement in cases which can be determined pursuant to the guidelines. The Explanatory Comment--1994 explained the rationale for the amendment:

Because the guidelines are income driven, the trier of fact has little need for the expense information required in the Income and Expense Statement. Therefore, in guideline cases, the rule no longer requires that expense information be provided. If a party feels that there are expenses so extraordinary that they merit consideration by the trier of fact, that party is free to provide the information. In cases decided pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), living expenses are properly considered, and therefore must be presented on the Income and Expense Statement.

   Nevertheless, because space for both income and expense information was provided on the same form Income and Expense Statement, parties often needlessly expended time and effort to provide expense information that was not relevant at the conference. The amendments are intended to clarify and simplify the submission of expense information.

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

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 a claim for child or spousal support, alimony, alimony pendente lite 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 [and], a completed [income and expense statement in the manner and] Income Statement in the form required at Rule 1910.27(c)(1) and a completed Expense Statement in the form required by [Rules 1910.11 and] Rule 1910.27 (c)(2)(B).

*      *      *      *      *

   (3)  When a claim for support or alimony pendente lite is filed as a count in a divorce rather than as a separate action, the award shall be retroactive to the date of the [written demand for hearing unless the order states otherwise] complaint, so long as the moving party delivers a copy of the complaint to the domestic relations section with a demand for hearing at the time that the divorce complaint containing a claim for spousal support or alimony pendente lite is filed. [If a demand for hearing appears conspicuously on the front of the divorce pleading, support or alimony pendente lite shall be awarded retroactive to the date of filing of that pleading and the matter shall be set promptly for hearing.

   Official Note: At the time a hearing is demanded on the issue of support, a copy of the divorce pleading which contains that count must be delivered to the domestic relations section.]

*      *      *      *      *

[Explanatory Note--1983

   Subdivision (a) as originally promulgated required each party to file a completed income and expense statement within thirty days after service of the pleading or petition containing a related claim for relief. That requirement remains unchanged. However, the rule is conformed to Support Rule 1910.11(c) by also requiring each party to file within the same thirty day period a copy of his or her most recent income tax return and the pay stubs for the preceding six months.

   New subdivision (a)(2) incorporates by reference Discovery Rule 4019 governing sanctions. When there is a failure to file the documents required by subdivision (a)(1), the broad spectrum of sanctions which is available under Rule 401l9(c) will permit the court to impose the sanction appropriate to the facts of the case.

Explanatory Comment--1991

   The Divorce Code of 1980 has been modified by two recent Acts of Assembly. First, the Divorce Code was codified as part of the Pennsylvania Consolidated Statutes by Act 1990-206. Second, the Divorce Code was substantially amended by Act 1988-13. Many of the rules of civil procedure covered by Recommendation 5 have been amended as a result of this legislation.

   I.  Codification. Old Rules 1920.1 through 1920.92 were promulgated in 1980 to implement the then recently enacted Divorce Code. The old rules contain many references to the Divorce Code which was enacted as part of the Unconsolidated Statutes, 23 P. S. § 101 et seq.

   Act 206 of 1990, effective March 19, 1991, repealed the Divorce Code as enacted in 1980 and re-enacted it as Part IV of the Domestic Relations Code, 23 Pa.C.S. §  3101 et seq. Part IV of the Domestic Relations Code continues to be known as the Divorce Code. All statutory references in the new rules refer to the Divorce Code as it is now codified.

   For more than ten years, the term ''Section 201(c) or (d)'' divorce has meant a ''no-fault'' divorce. Under the new codification, the grounds for a no-fault divorce will be found in Section 3301(c) and (d) of the Divorce Code, 23 Pa.S.C. § 3301(c) and (d). This is one example of the revisions to the divorce rules necessitated by the codification. These revisions merely correct obsolete references and effect no change in practice or procedure. The Committee is developing a proposal to review all of the domestic relations rules to include the new statutory references.

   II.  Spousal Support. Section 3104 (formerly Section 301) of the Divorce Code, which enumerates the various claims that may be joined in an action of divorce, was amended by Act 1988-13 to include ''spousal support.'' Old Rule 1920.31, governing the joinder of related claims, has been amended to include the reference to spousal support in conformity with the Divorce Code as amended.

   III.  Living Separate and Apart. Section 3301(d) (formerly Section 301(d)) of the Divorce Code, providing for a no-fault divorce where the marriage is irretrievably broken and the parties have lived separate and apart, was amended by Act 1988-13 to reduce the waiting period from three years to two years. Old Rule 1920.72(c), governing the form of the plaintiff's affidavit, makes reference to this three year period. New Rule 1920.72(c) refers to the two year period of separation.

   Old Rule 1920.42(a), governing the procedure in a divorce under Section 3301(d) of the Divorce Code, referred to ''the plaintiff'' filing an affidavit. Old Rule 1920.72(c) provides the form of the ''Plaintiff's'' affidavit. However, the Divorce Code uses the phrase ''an affidavit has been filed.'' Consequently, there is no reason why a defendant may not file the affidavit to initiate the procedure for entering the decree. Old Rules 1920.42(a)(2) and (c)(2) and 1920.72(c) and (d) have been revised to allow filing of the affidavit by either party.

   IV.  Establishing Grounds for Divorce. New Section 3301(e) (formerly Section 201(e)) of the Divorce Code was added by Act 1988-13, and provides that, if grounds are established under the no-fault provisions of Sections 3301(c) or (d), ''the court shall grant a divorce without requiring a hearing on any other grounds.'' A note has been added to old Rule 1920.51 referring to this provision.

   V.  Inventory; Pre-trial Statement. Section 3505(b) (formerly Section 403(b)) of the Divorce Code was enacted in 1980 provides for ''an inventory and appraisement of all property owned or possessed at the time the action was commenced.'' Old Rule 1920.33 was adopted to implement this provision. The rule did not work very well. The inventory and appraisement were seldom filed within sixty days after a claim for determination and distribution of property is filed, as required by the rule. The old rule further required that the parties use the date the action was commenced as the valuation date. In most instances, the date the action was commenced was irrelevant for valuation purposes.

   Section 3505(b)(1) of the Divorce Code, as amended by Act 1988-13, requires that the inventory and appraisement contain a list of property owned or possessed by either or both parties as of both the date of separation and a date thirty days prior to the date of the hearing on equitable distribution. There are three problems with this Divorce Code provision. First, the date of separation is frequently unclear and is itself a disputed issue in the action. Section, an inventory which contains values and liabilities as of a date thirty days prior to trial must be filed very late in the proceedings. Third, even if the date of separation is undisputed, a valuation as of that date is frequently irrelevant.

   New Rules 1920.33 and 1920.75 rescind old Rules 1920.33 and 1920.75, and suspend Section 3505(b) as amended by Acts 1988-13 and 1990-206. New Rule 1920.33 substitutes the devices of an inventory and a pre-trial statement. New Rule 1920.75 provides a form for the inventory.

   New Rule 1920.33(a) requires that each party file an inventory within ninety days after the filing of a claim for the distribution of property. The inventory must include ''all property owned or possessed at the time the action was commenced,'' including all marital property, as well as all non-marital property. At this point in the action, a valuation of the property need not be provided.

   New Rule 1920.75 provides for a form of inventory which is consistent with the requirements of new Rule 1920.33(a). For the most part, the only information that is required is a description of the property involved in the claim and the identification of the owners. The form of inventory retains the checklist of property found in the old rule.

   New Rule 1920.33(b) requires each party to file and serve a pre-trial statement within the time specified by court order or the written direction of the master, or, if none, at least sixty days before the hearing on the claim for distribution of property. Eleven subparagraphs specify the content of the pre-trial statement. Preparation of the pre-trial statement requires the parties to prepare their cases well before trial, thus facilitating the presentation of evidence at the trial, and enhancing the prospect of early settlement.

   Section 3505(b)(2) of the Divorce Code provides for the inventory and appraisement to contain a valuation of the property as of three dates: the date of acquisition, the date of separation and the date thirty days prior to the date of the hearing on equitable distribution. New Rule 1920.33(b)(1) does not specify a date for valuation. It provides that the pre-trial statement shall include a list of assets specifying ''(i) the marital assets, their value, the date of valuation  . . . and (ii) the non-marital assets, their value, the date of valuation . . . ''. It is incumbent upon each party to show why property should or should not be valued as of a certain date. Consequently, each party needs to provide the value as of the date he or she intends to prove at the hearing. Three valuations are generally unnecessary.

   Section 3505(b)(3) of the Divorce Code provides for the inventory and appraisement to contain a list of liabilities of either or both parties as of thirty days prior to the date of the hearing on equitable distribution. New Rule 1920.33(b)(6) requires the pre-trial statement to include the current expense statement required in an action for support if the party filing the statement intends to offer testimony concerning his or her expenses. Subparagraph (10) of the new rule requires that the pre-trial statement includes ''a list of marital debts including the amount of each debt as of the date of separation'' and specified additional information concerning that debt. New Rule 1920.33 is therefore more comprehensive than the Divorce Code because it requires a current expense statement and a history of marital debt.

   New Rule 1920.33(c) provides for sanctions as authorized by Discovery Rule 4019(c) for failure to file either the inventory or the pre-trial statement.

   New Rule 1920.33(d) provides two evidentiary sanctions relating only to the pre-trial statement. Under subparagraph (1), a party may be barred from offering any testimony or introducing any evidence with regard to a matter not included in the statement. Subparagraph (2) provides that a party may not offer testimony or introduce evidence which ''is inconsistent with or which goes beyond the fair scope of the information in the pre-trial statement.''

   The evidentiary sanctions set forth in new Rule 1920.33(d) do not apply to the inventory. Because the inventory is filed within ninety days after a claim has been made for equitable distribution, there may be insufficient time for the parties to learn of all of the property which may be subject to that claim. Consequently, the rule contemplates that any omissions will be corrected in the pre-trial statement.

   Act 1988-13 added new Section 3502(e) (formerly Section 401(k)) to the Divorce Code relating to enforcement of an order or an agreement of equitable distribution. New Rule 1920.33(e) states that orders for equitable distribution entered pursuant to the Divorce Code may be enforced as provided by the rules governing actions fur support and divorce, and under the Divorce Code. Remedies available for enforcement for equitable distribution orders are set forth in Divorce Code Sections 3323(b) (formerly Section 410(b)) and 3505(a) (formerly 403(a)), as well as Section 3502(e).

   It should be noted that 23 Pa.C.S. § 3105(a) (formerly Section 401.1(a)) states that an agreement is enforceable by any means available pursuant to the Divorce Code for enforcement of an order, as though the agreement were an order of court, except as otherwise provided in the agreement. Thus, although new Rule 1920.33(e) refers only to enforcement of orders, it also applies to enforcement of agreements.

Explanatory Comment--1994

   In its opinion in McKeown v. McKeown, 417 Pa. Super 520, 612 A.2d 1060 (1992), the court indicates that spousal support cannot be converted automatically to alimony pendente lite. However, in many cases there is a need for alimony pendente lite after the decree is entered, just as there is spousal support before. Because of the recent change in Rule 1910.16-1, which states that the amount of alimony pendente lite is determined according to the guidelines, there is little difference between the two. Although the entitlement defense continues to be available, if the dependent spouse is already receiving spousal support, the amended rule permits automatic conversion to alimony pendente lite upon entry of the decree.

Explanatory Comment--1995

   New subdivision (a)(3) is added because, unlike a separate action for support, a count in a divorce which requires support is often filed in the interest of preserving every possible claim rather than because either party wishes to have that claim heard. Where a support claim is not pursued for months, or even years, allowing retroactivity to the date of filing in accordance with Rule 1910.17 can create massive and unjust arrearages.

   This amendment permits retroactivity only for the period of time during which the support claim has been actively pursued. Thus, if a demand for support hearing appears on the front of a divorce pleading, support is available retroactive to the date of filing. However, where the demand does not appear on the front of the divorce pleading, retroactivity will be allowed only from the date upon which the hearing is eventually demanded.]

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 party shall file an inventory specifically describing all property owned or possessed at the time the action was commenced. The inventory shall set forth as of the date of the filing of the complaint:

*      *      *      *      *

   (b)  Within the time required by order of court or written directive of the master or, if none, at least sixty days before the scheduled hearing on the claim for the determination and distribution of property, each party shall file and serve upon the other party a pre-trial statement. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

   (1)  a list of assets, which may be in chart form, specifying:

   (i)  the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon[,]; and

*      *      *      *      *

   (6)  if the party intends to offer any testimony as to his or her expenses, [a current expense statement] an Expense Statement in the form required by [the practice and procedure governing an action in support] Rule 1910.27(c)(2)(B);

*      *      *      *      *

   [Official Note: See, inter alia, Section 3323(b) of the Divorce Code relating to enforcement of the rights of any party under a decree, Section 3505(a) relating to injunction against disposition of property pending suit, and Section 3502(e) providing remedies for failure to comply with an order of equitable distribution or the terms of an agreement between the parties.]

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

*      *      *      *      *

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

*      *      *      *      *

[Pa.B. Doc. No. 06-88. Filed for public inspection January 20, 2006, 9:00 a.m.]



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