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PA Bulletin, Doc. No. 08-1580

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1920 ]

Order Amending Rule 1920.46; No. 498; Doc. No. 5

[38 Pa.B. 4738]
[Saturday, August 30, 2008]

Order

Per Curiam:

   And Now, this 13th day of August, 2008, the Note to Rule 1920.46 of the Pennsylvania Rules of Civil Procedure is amended as follows.

   This order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.46. Affidavit of Non-Military Service.

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   Official Note: The [Soldier's and Sailor's] Servicemembers Civil Relief Act [of 1940], 50 App. U.S.C.A. [App.] § [520] 521, requires that in cases [of default in appearance by] in which the defendant does not make an appearance, the plaintiff must file an affidavit of nonmilitary service before [entering] the court may enter judgment. If the defendant is in the military service and an attorney has not entered an appearance on behalf of the defendant, no judgment may be entered until the court appoints an attorney to represent the defendant and protect his or her interest.

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[Explanatory Comment--1994

   Section 602 of the Act of June 29, 1953, P. L. 304, 35 P. S. § 450.602, requires a certificate of each divorce and annulment of marriage decreed in the Commonwealth to be transmitted to the Department of Health.]

Explanatory Comment--2003

   35 P. S. § 450.602 previously required a certificate of each divorce or annulment decreed in the commonwealth to be transmitted to the Vital Statistics Division of the Commonwealth of Pennsylvania Department of Health. The statute was amended October 30, 2001 (P. L. 826, No. 82), § 1, effective in 60 days, to require that the prothonotary submit a monthly statistical summary of divorces and annulments, rather than individual forms for each decree. Thus, subdivision (a) of Rule 1920.46, requiring the filing of the vital statistics form, is no longer necessary. Former subdivision (b) now comprise the entirety of the rule and the title has been amended to reflect that the rule applies only to the affidavit regarding military service.

[Pa.B. Doc. No. 08-1580. Filed for public inspection August 29, 2008, 9:00 a.m.]


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