THE COURTS

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

[43 Pa.B. 7244]
[Saturday, December 14, 2013]

 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, February 28, 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: 717 231-9531
E-mail: domesticrules@pacourts.us

 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.

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

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

 (b)  grounds for divorce have not been established.

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. The party who files a motion for the appointment of a master or a request for court action regarding equitable distribution shall file the inventory not later than the time of filing. 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] or liabilities that are claimed to be non-marital and the basis for such [exclusion.] 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 1920.54. 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 last submission to the master 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 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 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.

Date: ______  __________(PLAINTIFF/DEFENDANT)

*  *  *  *  *

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)

*  *  *  *  *

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
Number	Property	Exclusion	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. 13-2310. Filed for public inspection December 13, 2013, 9:00 a.m.]

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