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PA Bulletin, Doc. No. 96-1246

THE COURTS

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1910]

Proposed Amendments to the Rules Relating to Venue in Support Actions; Recommendation 44

[26 Pa.B. 3627]

   The Domestic Relations Committee proposes the following amendments to Rules of Civil Procedure 1910.2 and 1910.50. The committee solicits comments and suggestions from all interested persons prior to submission of the proposed amendments to the Supreme Court.

   Written comments relating to the proposed amendments must be received no later than October 1, 1996, and must be directed to: Linda C. Liechty, Esquire, Executive Director, Domestic Relations Committee, 429 Forbes Avenue, Suite 300, Pittsburgh, PA 15219, FAX (412) 565-2336.

   The explanatory comment which appears in connection with the proposed amendments has been inserted by the Committee for the convenience of those using the rules. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1910.  ACTIONS FOR SUPPORT

Rule 1910.2.  Venue.

   (a)  An action may be brought in any county in which

   (1)  the defendant resides, or

   (2)  the defendant is regularly employed, or

   (3)  the plaintiff resides and that county is the county in which

   (i)  the last family domicile was located and in which the plaintiff has continued to reside; or

   (ii)  the defendant resided with the child; or

   (iii)  the defendant resided and provided prenatal expenses or support for the child; or

   (iv)  the child resides as a result of the acts or directives of the defendant; or

   (v)  the defendant engaged in sexual intercourse which may have resulted in the child's conception; or

   (4)  the plaintiff resides and the defendant submits to the jurisdiction of that county.

   Official Note: [If an action for support is brought in the county in which the plaintiff resides but that county is not the county in which the last family domicile was located and in which the plaintiff has continued to reside, the action shall proceed in accordance with the Revised Uniform Reciprocal Enforcement of Support Act (1968), 23 Pa.C.S. § 4501 et seq., if the defendant is outside the Commonwealth, or in accordance with 23 Pa.C.S. § 4533 which provides for intrastate application of RURESA if the defendant is within the Commonwealth, and not in accordance with these rules.] If an action for support is brought in the county in which the plaintiff resides, but there is no venue in that county as provided in (a) above, the action shall proceed in accordance with the Uniform Interstate Family Support Act, 23 Pa.C.S. § 7101 et seq., if the defendant resides outside of the Commonwealth, or in accordance with the Intrastate Family Support Act, 23 Pa.C.S. § 8101 et seq., if the defendant resides within the Commonwealth.

   (b)  Where jurisdiction is acquired over the defendant pursuant to the long arm statute, 23 Pa.C.S.A. § 4342(c) [and (d)], the action may be brought in the county where the plaintiff resides[, whether or not the parties maintained a family domicile in that county].

Rule 1910.50.  Suspension of Acts of Assembly.

   The following Acts or parts of Acts of Assembly are suspended insofar as they apply to the practice and procedure in an action for support:

   (1)  Section 3 of the Support Law of June 24, 1937, P. L. 2045, 62 P. S. § 1973, insofar as it provides a procedure to enforce the liability of relatives for the support of an indigent person;[and]

   (2)  Section 4 of Act 1996-20, P. L. ____ , 23 Pa.C.S. § 4342, insofar as it provides that long arm jurisdiction shall be used in preference to proceedings under Part VIII-A relating to intrastate family support actions; and

   [(2)] (3)  All Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency.

   ALL existing explanatory notes and comments pertaining to the rule listed below are replaced by the following:

Explanatory Comment--Rule 1910.2

   Venue in support matters under the existing rule has been in the county where the defendant lived or worked, or in the county where the plaintiff lived if that county was the last family domicile. This proposed amendment expands the circumstances under which venue lies in the county in which plaintiff resides. Clearly, the fact that the plaintiff resides in a county is insufficient by itself to establish venue in that county. However, where defendant has some connection with the county in which plaintiff resides, venue may appropriately lie there.

   It is important to note that long arm jurisdiction is available only when the defendant resides outside of the Commonwealth. The language of 23 Pa.C.S. § 4342, which implies that long arm jurisdiction is available in intrastate actions is suspended by Rule 1910.50(2).

HONORABLE MAX BAER,   
Chair

[Pa.B. Doc. No. 96-1246. Filed for public inspection August 2, 1996, 9:00 a.m.]


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