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231 Pa. Code Rule 1920.33. Joinder of Related Claims. Equitable Division.<br/> Enforcement.

Rule 1920.33. Joinder of Related Claims. Equitable Division.
Enforcement.

 (a)  If a pleading or petition raises a claim for equitable division of marital property under Section 3502 of the Divorce Code, the parties shall file and serve on the other party an inventory, which shall include the information in subdivisions (1) through (3) and shall be substantially in the form set forth in Pa.R.C.P. No. 1920.75. Within 20 days of service of the moving party’s inventory, the non-moving party shall file an inventory. A party may not file a motion for the appointment of a master or a request for court action regarding equitable division until at least 30 days following the filing of that party’s inventory.

   Official Note

   See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 The inventory shall set forth as of the date of separation:

   (1)  a specific description of the marital assets, which either or both parties have a legal or equitable interest, individually or jointly with another person, the name of the co-owners, if applicable, and the marital liabilities, which either party incurred individually or jointly with another person, and the name of any co-debtors, if applicable;

   (2)  a specific description of the assets or liabilities claimed to be non-marital and the basis for such claim; and

   (3)  the estimated value of the marital and non-marital assets and the amount due for each marital and non-marital liability.

   Official Note

   Subdivision (c) provides for sanctions for failure to file an inventory as required by subdivision (a). An inventory may be incomplete if a party lacks comprehensive knowledge of the assets and liabilities involved in the claim for equitable division. Consequently, the rule does not contemplate that a party will be precluded from presenting testimony or offering evidence as to assets or liabilities omitted from the inventory. The omission may be remedied by inclusion of the omitted information in the pre-trial statement required by subdivision (b).

 (b)  Within the time required by order of court or written directive of the master or, if none, at least 60 days before the scheduled hearing on the claim for equitable division, the parties 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:

       a.   the value;

       b.   the date of the valuation;

       c.   the value of any non-marital portion;

       d.   the facts and documentation upon which the party relies to support the valuation; and

       e.   any liens or encumbrances associated with the asset.

     (ii)   The non-marital assets:

       a.   the value;

       b.   the date of the valuation;

       c.   the facts and documentation upon which the party relies to support the valuation; and

       d.   any liens or encumbrances associated with the asset.

   (2)  the name and address of the expert witness(es) the party intends to call at trial. A report of each expert witness listed shall be attached to the pre-trial statement. The report shall describe the expert’s qualifications and experience, state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each opinion;

   (3)  the name, address, and a short summary of the testimony of the witnesses, other than the party, whom the party intends to call at trial;

   (4)  a list of exhibits that the party expects to offer into evidence. Exhibits not exceeding three pages shall be attached to the pre-trial statement and shall have an identifying exhibit number affixed to or incorporated into the document, and exhibits exceeding three pages shall be described specifically and shall have an exhibit number in the description;

   (5)  the party’s gross income from all sources, payroll deductions, net income, and the party’s most recent state and federal income tax returns and pay stubs;

   (6)  if the party intends to offer testimony as to his or her expenses, an Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B);

   (7)  if there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered;

   (8)  the description and value of disputed tangible personal property, specifically the personalty contemplated by item number 25 of the form in Pa.R.C.P. No. 1920.75, the method of valuing each item, and the evidence, including documentation, to be offered in support of the valuation;

   (9)  a list of liabilities, which may be in chart form, specifying:

     (i)   The marital liabilities:

       a.   amount of the liability;

       b.   date of the valuation;

       c.   amount of any non-marital portion;

       d.   the facts and documentation upon which the party relies to support the valuation; and

       e.   amount, if any, of payments made on the liabilities after the date of separation.

     (ii)   The non-marital liabilities:

       a.   amount of the liability;

       b.   date of the valuation; and

       c.   the facts and documentation upon which the party relies to support the valuation.

   (10)  a proposed resolution of the economic issues raised in the pleadings.

   Official Note

   See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 (c)  If a party fails to file either an inventory, as required by subdivision (a), or a pre-trial statement, as required by subdivision (b), the court may make an appropriate order under Pa.R.C.P. No. 4019(c) governing sanctions.

 (d)(1)  A party who fails to comply with a requirement of subdivision (b) may be barred from offering testimony or introducing evidence in support of or in opposition to claims for the matters omitted.

   (2)  A party may be barred from offering testimony or introducing evidence that is inconsistent with or goes beyond the fair scope of the information set forth in the pre-trial statement.

 (e)  An order entered by the court pursuant to Section 3502 of the Divorce Code may be enforced as provided by the rules governing actions for support and divorce and in the Divorce Code.

Explanatory Comment—1994

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

Source

   The provisions of this Rule 1920.33 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended June 10, 2016, effective October 1, 2016, 46 Pa.B. 3233; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390134) to (390136).



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