THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[ 231 PA. CODE CH. 1920 ]
Proposed Amendments of Pa.R.C.P. Nos. 1920.14, 1920.42, 1920.46, 1920.51, 1920.53, 1920.72, 1920.73 and 1920.74
[48 Pa.B. 1814]
[Saturday, March 31, 2018]The Domestic Relations Procedural Rules Committee (Committee) is planning to propose to the Supreme Court amendments to Pa.R.C.P. Nos. 1920.14, 1920.42, 1920.46, 1920.51, 1920.53, 1920.72, 1920.73, and 1920.74, for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. No 103(a)(1), the proposal is being republished in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.
Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.
Additions to the text of the proposal are bolded and underlined; deletions to the text are bolded and bracketed.
The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:
Bruce J. Ferguson, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
Fax: 717-231-9531
domesticrules@pacourts.usAll communications in reference to the proposal should be received by June 8, 2018. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.
By the Domestic Relations
Procedural Rules CommitteeWALTER J. McHUGH, Esq.,
Chair
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE Rule 1920.14. Answer. Denial. Affidavit under Section 3301(d) of the Divorce Code.
(a) The averments in the complaint as to the divorce or annulment, [all other claims which may be joined under the Divorce Code and any petition] ancillary claims that may be joined under the Divorce Code, and petitions for special relief under these rules shall be deemed denied unless admitted by an answer. Notwithstanding the foregoing, the court may require a response to a petition for special relief.
[(b) The averments of the affidavit under Section 3301(d) of the Divorce Code shall be deemed admitted unless denied by counteraffidavit.
Official Note: See Rule 1920.72(d) for the form of counteraffidavit.
Explanatory Comment—1994 Subdivision (b) requires that the averments of the plaintiff's affidavit under Section 3301(d) of the Divorce Code be denied by counteraffidavit. If the defendant fails to file a counteraffidavit, all allegations are deemed admitted.
Explanatory Comment—2007 Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed to be denied unless admitted by an answer.]
(b) The averments of the Affidavit under Section 3301(d) of the Divorce Code and the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code shall be deemed admitted unless denied by counter-affidavit.
Official Note: See Pa.R.C.P. No. 1920.72(e)(3) for the form of the counter-affidavit.
Explanatory Comment—1994 Subdivision (b) requires that the averments in an Affidavit under Section 3301(d) of the Divorce Code be denied by counter-affidavit. If the non-moving party fails to file a counter-affidavit, the averments in the moving party's affidavit are deemed admitted.
Explanatory Comment—2007 Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed denied unless admitted by an answer.
Explanatory Comment—2018 Subdivision (b) has been amended by including divorces under Section 3301(c)(2). The process for obtaining a divorce under Sections 3301(c)(2) and 3301(d) are similar. As such, if the non-moving party fails to file a counter-affidavit or to deny the averments in the Affidavit to Establish Presumption of Consent, the affidavit's averments are deemed admitted.
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. Counter-affidavit.] Obtaining Divorce Decrees under Section 3301(c) or Section 3301(d) of the Divorce Code. Affidavits and Counter-Affidavits. Requirements of the Affidavit of Consent. Ancillary Claims. Orders Approving Grounds for Divorce. Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record.
[(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) 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 the appropriate decree. No master shall be appointed.
(b) The affidavit required by § 3301(c) of the Divorce Code must have been executed
(1) ninety days or more after both filing and service of the complaint and
(2) within thirty days of the date the affidavit was filed.
(c) An affidavit of consent may be withdrawn only with leave of court.
(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. A copy of the praecipe, which shall state the date and manner of service of the notice, shall be attached.
(2) The affidavit required under § 3301(d) of the Divorce Code shall be filed with the prothonotary and served upon the other party, along with a 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 another form counter-affidavit or filing the waiver of notice pursuant to Rule 1920.72(c).
(e) Notice of intention to request entry of divorce decree shall not be required prior to entry of a divorce decree
(1) where the parties have executed and filed with the prothonotary a waiver of notice substantially in the form set forth in Rule 1920.72(c); or
(2) under § 3301(d) where the court finds that no appearance has been entered on defendant's behalf and that defendant cannot be located after diligent search.
Official Note: This counter-affidavit will be filed only if the party against whom the decree is to be entered has not previously denied the allegations of the other party's affidavit or has not previously claimed economic relief by counterclaim or petition.]
(a) Obtaining a divorce decree under Section 3301(c)(1) of the Divorce Code.
(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown, the court shall enter a decree in divorce after:
(i) proof of service of the complaint has been filed;
(ii) the parties have signed Affidavits of Consent 90 days or more after service of the complaint and have filed the affidavits within 30 days of signing, which may only be withdrawn by an order of court;
(iii) the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;
(iv) either the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the proposed Praecipe to Transmit Record indicating the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, or, alternatively, the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; and
(v) the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.
Official Note: See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent.
See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.72(e)(1) for the Counter-Affidavit under Section 3301(c)(1) of the Divorce Code.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(2) To the extent that grounds for divorce have been established under Section 3301(c)(1) of the Divorce Code as outlined in subdivision (a)(1)(ii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after the moving party:
(i) has served on the other party a Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the other party waived this notice by signing and filing a Waiver of Notice of Intention to File the Praecipe to Transmit Record; and
(ii) has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.
Official Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(3) After the court issues an order approving grounds for divorce, a party may request, consistent with the judicial district's local rules and procedures, that the court either hears the ancillary claims or appoints a master to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.
Official Note: See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Master.
(4) If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record and request the entry of the appropriate divorce decree. To the extent the agreement does not address all of the parties' claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.
(b) Obtaining a divorce decree under Section 3301(c)(2) of the Divorce Code.
(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and a party has been convicted of a personal injury crime against his or her spouse, the court shall enter a decree in divorce after:
(i) proof of service of the complaint has been filed;
(ii) the party who is the victim of the personal injury crime:
(A) has signed an Affidavit of Consent consistent with subdivision (a)(1)(ii); and
(B) has signed an Affidavit to Establish Presumption of Consent alleging his or her status as a victim of a personal injury crime and that his or her spouse has been convicted of that crime;
(iii) the filed affidavit, along with a blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code, has been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code;
(A) If a party files a Counter-Affidavit under Section 3301(d) of the Divorce Code denying an averment in the Affidavit under Section 3301(d) of the Divorce Code, including the date of separation, either party may present a motion requesting the court resolve the issue.
(B) After presentation of the motion in subdivision (A), the court may hear the testimony or, consistent with Pa.R.C.P. No 1920.51(a)(1)(ii)(D), appoint a master to hear the testimony and to issue a report and recommendation.
Official Note: This subdivision requires service of the counter-affidavit on the non-moving party consistent with original process since the averments in the moving party's Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process.
(iv) the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;
(v) either the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(2) and a copy of the proposed Praecipe to Transmit Record indicating the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, or, alternatively, the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; and
(vi) the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.
Official Note: See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent.
See Pa.R.C.P. No. 1920.72(c) for the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code.
See Pa.R.C.P. No. 1920.72(e)(2) for the Counter-Affidavit under Section 3301(c)(2) of the Divorce Code.
See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(2) To the extent that grounds for divorce have been established under Section 3301(c)(2) of the Divorce Code as outlined in subdivision (b)(1)(ii)-(iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after the moving party:
(i) has served on the other party a Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the other party waived this notice by signing and filing a Waiver of Notice of Intention to File the Praecipe to Transmit Record; and
(ii) has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.
Official Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(3) After the court issues an order approving grounds for divorce, a party may request, consistent with the judicial district's local rules and procedures, that the court either hears the ancillary claims or appoints a master to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.
Official Note: See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Master.
(4) If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record and request the entry of the appropriate divorce decree. To the extent the agreement does not address all of the parties' claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.
(c) Obtaining a divorce decree under Section 3301(d) of the Divorce Code.
(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and the requisite separation period has elapsed, the court shall enter a decree in divorce after:
(i) proof of service of the complaint has been filed;
(ii) a party has signed and filed an Affidavit under Section 3301(d) of the Divorce Code averring that the marriage is irretrievably broken and that the parties have been separate and apart for the required separation period;
(iii) the filed affidavit, along with a blank Counter-Affidavit under Section 3301(d) of the Divorce Code, has been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit under Section 3301(d) of the Divorce Code;
(A) If a party files a Counter-Affidavit under Section 3301(d) of the Divorce Code denying an averment in the Affidavit under Section 3301(d) of the Divorce Code, including the date of separation, either party may present a motion requesting the court resolve the issue.
(B) After presentation of the motion in subdivision (A), the court may hear the testimony or, consistent with Pa.R.C.P. No 1920.51(a)(1)(ii)(D), appoint a master to hear the testimony and to issue a report and recommendation.
Official Note: This subdivision requires service of the counter-affidavit on the non-moving party consistent with original process since the averments in the moving party's Affidavit under § 3301(d) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process.
(iv) the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;
(v) either the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(d) of the Divorce Code and a copy of the proposed Praecipe to Transmit Record indicating the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, or, alternatively, the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; and
(vi) the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.
Official Note: See Pa.R.C.P. No. 1920.72(d) for the Affidavit under Section 3301(d) of the Divorce Code.
See Pa.R.C.P. No. 1920.72(e)(3) for the Counter-Affidavit under Section 3301(d) of the Divorce Code.
See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(2) To the extent that grounds for divorce have been established under Section 3301(d) of the Divorce Code as outlined in subdivision (c)(1)(ii)-(iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after the moving party:
(i) has served on the other party a Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the other party waived this notice by signing and filing a Waiver of Notice of Intention to File the Praecipe to Transmit Record; and
(ii) has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.
Official Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.
See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit the Record.
(3) After the court issues an order approving grounds for divorce, a party may request, consistent with the judicial district's local rules and procedures, that the court either hears the ancillary claims or appoints a master to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.
Official Note: See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Master.
(4) If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record and request the entry of the appropriate divorce decree. To the extent the agreement does not address all of the parties' claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.
Rule 1920.46. Affidavit of Non-Military Service.
If the defendant fails to appear in the action, the plaintiff shall file an affidavit regarding military service with the motion for appointment of a master, prior to a trial by the court, or with the plaintiff's affi- davit required by [Rule 1920.42(a)(2)] Pa.R.C.P. No. 1920.42(c)(1)(ii).
Official Note: The Servicemembers Civil Relief Act, 50 [App. U.S.C.A.] U.S.C. app Section 521, requires that in cases in which the defendant does not make an appearance, the plaintiff must file an affidavit of non-military service before 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] a judgment shall not be entered until the court appoints an attorney to represent the defendant and protect his or her interest.
[Rule 1920.42(a)(2) governs an] An action for divorce under Section 3301(d)(1)(i) of the Divorce Code is governed by Pa.R.C.P. No. 1920.42(c).
* * * * * Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.
[(a)(1) The court may hear the testimony or, upon its own motion or the motion of either party, may appoint a master with respect to all or any of the matters specified in subdivision (a)(2)(i) to consider same and issue a report and recommendation. The order of appointment shall specify the matters which are referred to the master.
(2)(i) The court may appoint a master in an action of divorce under Section 3301(a), (b) and (d)(1)(ii) of the Divorce Code, an action for annulment, and the claims for alimony, alimony pendente lite, equitable distribution of marital property, child support, partial custody or visitation, or counsel fees, costs and expenses, or any aspect thereof.
(ii) If there are no claims other than divorce, no master may be appointed to determine grounds for divorce if either party has asserted grounds for divorce pursuant to § 3301(c) or § 3301(d)(1)(i) of the Divorce Code. A master may be appointed to hear ancillary economic claims in a divorce action pursuant to § 3301(c) or § 3301(d) of the Divorce Code. The master may be appointed to hear ancillary economic claims prior to the entry of a divorce decree if grounds for divorce have been established.
(iii) No master may be appointed in a claim for legal, physical or shared custody or paternity.
Official Note: Section 3321 of the Divorce Code, 23 Pa.C.S. § 3321, prohibits the appointment of a master as to the claims of custody and paternity.
(3) The motion for the appointment of a master and the order shall be substantially in the form prescribed by Rule 1920.74.
(4) A permanent or standing master employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district.
Official Note: Hearing conference officers preside at office conferences under Rule 1910.11. Hearing officers preside at hearings under Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Rule 1920.51.]
(a) In an action of divorce or annulment:
(1) the court may:
(i) hear the testimony; or
(ii) appoint a master, upon motion of a party or of the court:
(A) before entry of the divorce decree to hear the testimony for the ancillary claims of alimony, equitable division of marital property, partial custody, counsel fees, and costs and expenses, which are raised in the pleadings, and to issue a report and recommendation, if grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code have been established and approved by the court as outlined in Pa.R.C.P. No. 1920.42;
(B) before approving grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code for the limited purpose of assisting the parties and the court on issues of discovery or settlement;
(C) to hear the testimony for establishing grounds for divorce under Sections 3301(a) or 3301(b) of the Divorce Code or annulment and the ancillary claims, which are raised in the pleadings, and to issue a report and recommendation; or
(D) after a party files a counter-affidavit denying the affidavit's averments, including the date of separation, in an action under Section 3301(c)(2) or 3301(d) of the Divorce Code and to hear the testimony and to issue a report and recommendation.
(2) the court shall not appoint a master:
(i) to approve grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code; or
Official Note: See Pa.R.C.P. No. 1920.42 for approving grounds for divorce under Sections 3301(c) and 3301(d) of the Divorce Code.
(ii) for the claims of legal, physical, or shared custody or paternity.
Official Note: Section 3321 of the Divorce Code prohibits the appointment of a master as to the claims of custody and paternity. However, as set forth in Pa.R.C.P. No. 1920.91(3), the Supreme Court of Pennsylvania suspended Section 3321 insofar as that section prohibits the appointment of masters in partial custody cases.
(3) The motion for the appointment of a master and the order shall be substantially in the form prescribed by Pa.R.C.P. No. 1920.74. The order appointing the master shall specify the issues and ancillary claims that are referred to the master.
(4) A permanent or standing master employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district.
Official Note: Conference officers preside at office conferences under Pa.R.C.P. No. 1910.11. Hearing officers preside at hearings under Pa.R.C.P. No. 1910.12. The appointment of master to hear actions in divorce or for annulment of marriage is authorized by Section 3321 of the Divorce Code.
(b) Written notice of the hearing shall be given to each attorney of record by the master. If a master has not been appointed, the prothonotary, clerk or other officer designated by the court shall give the notice.
* * * * *
Explanatory Comment—2010 The rule is amended to clarify the role of the master in a divorce case when either party has asserted grounds for divorce pursuant to § 3301(c) or § 3301(d) of the Divorce Code. The rule had been interpreted in some jurisdictions as requiring the entry of a bifurcated decree before a master could be appointed to hear economic claims.
EXPLANATORY COMMENT—2018 Subdivision (a)(1)(ii) provides for the appointment of a master to hear, inter alia, partial custody cases. The authority for a master to hear partial custody cases is 23 Pa.C.S. § 3321, which the Supreme Court of Pennsylvania suspended in part to allow masters to hear partial custody. However, nothing in this rule should be construed to require a court to appoint masters in partial custody cases or that this rule is inconsistent with Pa.R.C.P. Nos. 1915.4-1, 1915.4-2, or 1915.4-3 that provide for conference officers and hearing officers in custody cases.
Rule 1920.53. Hearing by Master. Report.
In an action for divorce or annulment [which] that has been referred to a master, the master's report and recommendation shall include findings of fact, conclusions of law, and a recommended disposition of the case or issue.
(a) The findings of fact shall include, as appropriate for the circumstances and issues before the master:
(1) the method and date of service of process[.];
(2) the manner and date of service of the notice of the master's hearing or the master's efforts to notify the [defendant.] parties;
(3) the date and place of marriage[.];
(4) information relating to any prior marriage of [either party] the parties and proof of dissolution of such prior marriage[.];
(5) the residences of the parties at the time of the marriage and subsequent thereto, the actual length of time the parties have resided in the Commonwealth, and whether the residence requirement of Section 3104(b) of the Divorce Code has been met[.];
(6) the age and occupation of [each party.] the parties;
(7) [the name and age of each child of the parties, if any, and with whom each resides.] the initials and age of the children of the parties, if any, and with whom the children reside.
(8) the grounds upon which the action is based[.];
(9) defenses to the action, if any[, and];
(10) [whether the divorce should be granted on the basis of the complaint or the counterclaim, if filed.] whether the court should grant or deny the divorce, annulment, or other relief on the basis of the complaint, the counterclaim, if filed, or the motion requesting relief; and
(11) other relevant facts related to the appointment.
(b) The conclusions of law shall include a discussion of the law as it relates to the facts, as well as the legal conclusions reached by the master.
(c) [The report shall include the master's recommendation that the divorce or annulment be granted or denied. If divorce or] If a divorce or an annulment is recommended, the master shall attach a proposed decree to the report and recommendation.
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).] Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits.
(a) The complaint in an action [of divorce under § 3301(c) or §] for a divorce under Section 3301(c) or Section 3301(d) shall begin with the Notice to Defend and Claim Rights required by [Rule] Pa.R.C.P. No. 1920.71 and shall be substantially in the following form:
* * * * * (b) The [affidavit of consent] Affidavit of Consent required by Section 3301(c) of the Divorce Code and [Rule 1920.42(a)(1)] Pa.R.C.P. No. 1920.42(a)(1)(ii) or (b)(1)(ii) shall be substantially in the following form:
(Caption)
AFFIDAVIT OF CONSENT1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on _________________
(Date)
and served on the defendant on . (Date)2. The marriage of plaintiff and defendant is irretrievably broken and [ninety] 90 days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ______ _________________
[(Plaintiff)/(Defendant)]
(PLAINTIFF) (DEFENDANT)[(c) The waiver permitted by Rule 1920.42(e) shall be in substantially the following form:
(Caption)
Waiver of Notice of Intention to Request Entry of a Divorce Decree under § 3301(c) and § 3301(d)
of the Divorce Code1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ______ _________________
(PLAINTIFF) (DEFENDANT)](c) The Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code and Pa.R.C.P. No. 1920.42(b)(1)(ii)(B) shall be substantially in the following form:
(Caption)
NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within 20 days after this affidavit has been served on you or the statements will be admitted.
AFFIDAVIT TO ESTABLISH PRESUMPTION OF CONSENT UNDER SECTION 3301(c)(2) OF THE DIVORCE CODE 1. I am the victim of a ''personal injury crime'' as defined in 23 Pa.C.S. § 3103.
2. My spouse was convicted of the crime averred in Paragraph 1 on insert date in the Court of Common Pleas of insert county name County. The docket number(s) is/are insert docket number .
3. The personal injury crime(s) for which my spouse was convicted:
Check all that apply:
[ ] 18 Pa.C.S. Ch. 25 (relating to criminal homicide)
[ ] 18 Pa.C.S. Ch. 27 (relating to assault)
[ ] 18 Pa.C.S. Ch. 29 (relating to kidnapping)
[ ] 18 Pa.C.S. Ch. 30 (relating to human trafficking)
[ ] 18 Pa.C.S. Ch. 31 (relating to sexual offenses)
[ ] 18 Pa.C.S. § 3301 (relating to arson and related offenses)
[ ] 18 Pa.C.S. Ch. 37 (relating to robbery)
[ ] 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation)
[ ] 75 Pa.C.S. § 3732 (relating to homicide by vehicle)
[ ] 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury)
I verify that the statements made in this 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)(d) [The affidavit required by § 3301(d) of the Divorce Code and Pa.R.C.P. No. 1920.42(a)(2)] The Affidavit under Section 3301(d) of the Divorce Code required by Pa.R.C.P. No. 1920.42(c)(1)(ii) shall be substantially in the following form:
* * * * * (e)(1) [The counter-affidavit prescribed by Pa.R.C.P. No. 1920.42(d)(2) for a divorce under § 3301(c) of the Divorce Code] The Counter-Affidavit under Section 3301(c)(1) of the Divorce Code required by Pa.R.C.P. No. 1920.42(a)(1)(iv) shall be substantially in the following form:
(Caption)
COUNTER-AFFIDAVIT UNDER [§ 3301(c)] SECTION 3301(c)(1) 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 UNDERSTAND THAT I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS 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 FILE THE PRAECIPE TO TRANSMIT RECORD OR AN ORDER APPROVING GROUNDS FOR DIVORCE, THE DIVORCE DECREE OR ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY 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 § 3301(d) of the Divorce Code and Pa.R.C.P. No. 1920.42(d)(2) shall be substantially in the following form:]
(2) The Counter-Affidavit under Section 3301(c)(2) of the Divorce Code required by Pa.R.C.P. No. 1920.42(b)(1)(iii) shall be substantially in the following form:
(Caption)
COUNTER-AFFIDAVIT UNDER SECTION 3301(c)(2) 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), or both)
[ ] (i) I have not been convicted of a ''personal injury crime'' as defined in 23 Pa.C.S. § 3103.
[ ] (ii) My spouse was not the victim of a personal injury crime for which I have been convicted.
2. Check (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, costs and expenses, or other important rights.
I UNDERSTAND THAT IN ADDITION TO CHECKING 2(b), I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS 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 OR AN ORDER APPROVING GROUNDS FOR DIVORCE, THE DIVORCE DECREE OR ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY 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)NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
(3) The Counter-Affidavit under Section 3301(d) of the Divorce Code required by Pa.R.C.P. No. 1920.42(c)(1)(iii) shall be substantially in the following form:
(Caption)
COUNTER-AFFIDAVIT UNDER [§] SECTION 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 all:
[ ] (i) The parties to this action have not lived separate and apart for the required separation period: two years for parties that separated prior to December 5, 2016, and one year for parties that separated on or after December 5, 2016.
[ ] (ii) The marriage is not irretrievably broken.
[ ] (iii) There are economic claims pending.
(2) Check (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], costs and expenses, or other important rights.
I UNDERSTAND THAT IN ADDITION TO CHECKING [(b) ABOVE] (2)(b), I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS 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)NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
Rule 1920.73. [Notice of Intention to Request Entry of Divorce Decree. Praecipe to Transmit Record. Forms.] Notice of Intention to File Praecipe to Transmit Record. Waiver of Notice of Intention to File Praecipe to Transmit Record. Praecipe to Transmit Record.
(a)(1) The [notice of the intention to request entry of divorce decree prescribed by Rule 1920.42(d)] Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(iv), (b)(1)(v), and (c)(1)(v), shall be substantially in the following form if there is an attorney of record:
(Caption)
[NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE] NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD TO: _________________
(PLAINTIFF/DEFENDANT)______ (PLAINTIFF/DEFENDANT) intends to file with the court the attached Praecipe to Transmit Record on or after ______ , 20__ requesting [that a final decree in divorce be entered] the court enter a final decree in divorce or an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record, which is attached.
_________________
Attorney for (PLAINTIFF/DEFENDANT)(2)(i) The [notice of the intention to request entry of a § 3301(c) divorce decree prescribed by Rule 1920.42(d)] Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(iv) or (b)(1)(v) shall be substantially in the following form if there is no attorney of record:
(Caption)
[NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(c) DIVORCE DECREE] NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD UNDER SECTION 3301(c) OF THE DIVORCE CODE TO: _________________
(PLAINTIFF/DEFENDANT)You have signed [a § 3301(c) affidavit] an Affidavit of Consent under Section 3301(c) of the Divorce Code consenting to the entry of a divorce decree. Therefore, on or after ______ , 20__ , the other party can request the court to enter a final decree in divorce or an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record, which is attached.
Unless you have already filed with the court a written claim for economic relief, you must do so by the date in the paragraph above, or the court may grant the divorce or an order approving grounds for divorce and you [will] may lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims.
* * * * * (ii) The [notice of the intention to request entry of § 3301(d) divorce decree prescribed by Rule 1920.42(d)] Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(c)(1)(v) shall be substantially in the following form if there is no attorney of record:
(Caption)
[NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE] NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD UNDER SECTION 3301(d) OF THE DIVORCE CODE TO: _________________
(PLAINTIFF/DEFENDANT)You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the [§ 3301(d) affidavit] Affidavit under Section 3301(d) of the Divorce Code. Therefore, on or after ______ , 20__ , the other party can request the court to enter a final decree in divorce or an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record, which is attached.
If you do not file [with the prothonotary of the court] an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce or an order approving grounds for divorce. A counter-affidavit [which you may file with the prothonotary of the court] that you may file is attached to this notice.
Unless you have already filed with the court a written claim for economic relief, you must do so by the above date, or the court may grant the divorce or an order approving grounds for divorce and you [will] may lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims.
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 Number)NOTE: The above lines are to be completed with the name, address and telephone number of the officer, organization, agency or person designated by the court in accordance with Rule 1018.1(c).
The date to be inserted in the first paragraph of the notice must be at least twenty days after the date on which the notice was mailed or delivered.
[(b) The praecipe to transmit the record prescribed by Rule 1920.42 shall be in substantially the following form:
(Caption)
PRAECIPE TO TRANSMIT RECORD To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section (3301(c)) Section (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: ______
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: ____ ; by defendant: ____ .
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: ______ ;
(2) Date of filing and service of the Section 3301(d) affidavit upon the opposing party:
___________________________ .4. Related claims pending: ______
___________________________ .
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: _________________ .
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary:
___________________________ .
Date defendant's Waiver of Notice was filed with the Prothonotary:
___________________________ .
_________________
(Attorney for)(Plaintiff)(Defendant)](b) The waiver permitted by Pa.R.C.P. No. 1920.42(a)(2)(i), (b)(2)(i), and (c)(2)(i) shall be substantially in the following form:
(Caption)
WAIVER OF NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD 1. Without further notice, I consent to the entry of:
[ ] a final decree of divorce; or
[ ] an order approving grounds for divorce.
2. I understand that I may lose rights concerning alimony, equitable division of property, lawyer's fees, or costs and expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed [with the prothonotary].
I verify that the statements made in this 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)(c) The Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(v), (b)(1)(vi), and (c)(1)(vi) shall be substantially in the following form:
(Caption)
PRAECIPE TO TRANSMIT RECORD To the Prothonotary:
Transmit the record, together with the following information, to the court for:
Check one of the following:
[ ] entry of a divorce decree;
[ ] entry of a divorce decree with marital settlement agreement attached;
[ ] entry of a bifurcated divorce decree with the Court retaining jurisdiction over unresolved ancillary claims; or
[ ] an order approving grounds for divorce with the Court retaining jurisdiction over unresolved ancillary claims.
1. Check the applicable section of the Divorce Code.
Grounds for divorce: irretrievable breakdown under:
[ ] Section 3301(c)(1)
[ ] Section 3301(c)(2)
[ ] Section 3301(d)
2. Service of the Complaint:
(a) Date served: ______ .
(b) Manner of service: ______ .
3. Complete either paragraph (a) or (b).
(a) Section 3301(c)(1) or (2) of the Divorce Code— Insert the date each party signed their Affidavit of Consent, or if the ground for divorce is under Section 3301(c)(2) of the Divorce Code, next to the appropriate party insert the date the spouse was convicted of the personal injury crime identified in 23 Pa.C.S. Section 3103 and complete (1) and (2).
Plaintiff: ______ ;
Defendant: ______ .
(1) The date the party signed the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code: ______ ;
(2) The date of filing and service of the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code upon the other party:
___________________________ .
(b) Section 3301(d) of the Divorce Code:
(1) The date the Affidavit under Section 3301(d) of the Divorce Code was signed: ______ ;
(2) Date of filing and service of the affidavit upon the other party:
___________________________ .
4. Related claims pending: ______ .
5. Complete either (a) or (b).
(a) Notice of Intention to File the Praecipe to Transmit Record:
(1) Date served: ______ .
(2) Manner of service: ______ .
(b) The date of filing of the party's Waiver of Notice of Intention to File the Praecipe to Transmit Record:
(1) Plaintiff's Waiver: ______ .
(2) Defendant's Waiver: ______ .
_________________
(Attorney for)(PLAINTIFF)(DEFENDANT)Rule 1920.74. Form of Motion for Appointment of Master. Order.
(a) The motion for appointment of a master shall be substantially in the following form:
(Caption)
MOTION FOR APPOINTMENT OF MASTER ______ (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims:
( ) Divorce
( ) Annulment
( ) Alimony
[( ) Alimony Pendente Lite]
( ) [Distribution of] Equitable Division of Marital Property
[( ) Support]
( ) Counsel Fees
( ) Costs and Expenses
( ) Other: _________________
and in support of the motion states:
(1) Discovery is (is not) complete as to the claim(s) for which the appointment of a master is requested.
(2) The non-moving party (has) (has not) appeared in the action (personally) (by his or her attorney, _____ , Esquire).
(3) The statutory ground(s) for divorce (is) (are) __________
___________________________ .
(4) If the master's appointment is for resolution of divorce, annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, if applicable.
[(4)] (5) Delete the inapplicable paragraph(s):
(a) the action is not contested.
(b) An agreement has been reached with respect to the following claims: __________
___________________________ .
(c) The action is contested with respect to the following claims: _________________ .
[(5)] (6) The action (involves) (does not involve) complex issues of law or fact.
[(6)] (7) The hearing is expected to take ______ (hours) (days).
[(7)] (8) Additional information, if any, relevant to the motion: __________
___________________________ .
Date: ______
_________________
Attorney for (Plaintiff) (Defendant)Official Note: See Pa.R.C.P. No. 1920.51(a)(1)(ii) for the issues and claims for which the court may appoint a master.
(b) The order appointing a master shall be substantially in the following form:
* * * * *
REPUBLICATION REPORT
Recommendation 158 The Domestic Relations Procedural Rules Committee (Committee) is proposing amendments to Pa.R.C.P. Nos. 1920.14, 1920.42, 1920.46, 1920.51, 1920.53, 1920.72, 1920.73, and 1920.74. The impetus for the amendments was Act 24 of 2016 that amended the Divorce Code by adding 23 Pa.C.S. § 3301(c)(2), which provides for a presumption of consent to a divorce if there is an allegation that a party is the victim of a personal injury crime committed by his or her spouse, as outlined in 23 Pa.C.S. § 3103. The Act amended other correlative statutes in the Divorce Code, as well. The Committee previously published this Recommendation twice in the Pennsylvania Bulletin, 46 Pa.B. 6113 (October 1, 2016) and 47 Pa.B. 7424. After the first publication, the Committee comprehensively revised the Recommendation and republished. After reviewing the comments and additional deliberations, the Committee has revised the Recommendation.
Several of the comments received by the Committee objected to the Recommendations perceived limitations for the appointment of masters. Specifically, commenters noted that many judicial districts utilize masters for purposes of discovery and assisting in settlement negotiations and restriction in the rules precluding those appointments would be detrimental to speedy and efficient case management. Although, the previously published Recommendation did not preclude such appointments, the Committee noted the confusion and in the revised Recommendation explicitly included master appointments for other purposes (e.g., discovery, settlement). The revision includes a complete rewriting of Pa.R.C.P. No. 1920.51(a). As a result of these changes, the Committee proposes amending the Motion for Appointment of Master form in Pa.R.C.P. No. 1920.74. The revision to the Motion for Appointment of Master includes an acknowledgement that the parties have complied with Pa.R.C.P. No. 1920.31, 1920.33, and 1920.46, if applicable.
Additionally, the Committee proposes amending Pa.R.C.P. No. 1920.14(b) by adding the Affidavit to Establish Presumption of Consent for a divorce under Section 3301(c)(2) of the Divorce Code. As the procedures for a Section 3301(c)(2) divorce have been modeled after a divorce under Section 3301(d), the Committee proposes that averments not denied in the Affidavit to Establish Presumption of Consent should have similar treatment as to those in an Affidavit under Section 3301(d) of the Divorce Code. In conjunction with that change, the Committee proposes a revision to the form Affidavit to Establish Presumption of Consent in Pa.R.C.P. No. 1920.72(c) by including a notice informing the non-moving party of the ramifications of the failure to file a counter-affidavit or deny the affidavits averments.
Although the Committee has expanded Pa.R.C.P. Nos. 1920.42 and 1920.51 extensively, it believes the detailed procedures will alleviate confusion in obtaining a divorce decree and further assist unrepresented parties to maneuver through a complicated procedure.
[Pa.B. Doc. No. 18-490. Filed for public inspection March 30, 2018, 9:00 a.m.]
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