Rule 1920.33 - Joinder Of Related Claims. Distribution Of Property. Resolution Of Claims For Equitable Distribution Of Marital Property And Alimony(a)Scheduling Conciliations for Contested Claims Raised Under 3301 and 3701 of the Divorce Code.(1) A conciliation before the court shall be scheduled where either party has raised the claim of alimony and/or equitable distribution of marital property that is contested by the opposing party and (1) the parties are divorced, have both filed affidavits of consent pursuant to 23 Pa.C.S. § 3301(c) or have been living separate and apart for two yearsand (2) there is compliance with the requirements of subpart B of this local rule. If both alimony and equitable distribution are raised, they shall be conciliated together. Note: If either party has an outstanding claim for counsel fees, that claim must also be raised at the conciliation. Any outstanding claim for counsel fees that is not included in a final court order covering the alimony and equitable distribution claims shall be deemed to be denied by the court in the absence of specific language to the contrary.
(2) No conciliation shall be scheduled until both parties have complied with 1920.31(a) and 1920.33(a) of the Pennsylvania Rules of Civil Procedure relating to the filing of an inventory and appraisement and income and expense statements. If alimony is the only claim before the court, only 1920.31(a) need be complied with.(3) Once both parties have complied with subparts 1 and 2 of this local rule, either party may schedule the conciliation pursuant to local 1930(c).(4) The party scheduling the conciliation shall notify the opposing party of the conciliation date.(5) In the absence of compelling circumstances, all parties shall be present for the conciliation; however, upon written agreement between counsel for the parties (where counsel believes appearance by the parties would not be fruitful or necessary) parties may be excused from attendance at the first conciliation. (b)Action to be Taken Where a Party Fails to Comply with 1920.31(a) or 1920.33(a).(1) On praecipe of any party who has complied with 1920.31(a) and 1920.33(a), a rule shall be entered upon a non-complying party to file the inventory and appraisement and/or a statement of income and expense within 30 days of the service of the rule. (i)The praecipe.a. The praecipe shall be prepared substantially in the following form: "The plaintiff/defendant has complied fully with 1920.31(a) and/or 1920.33(a) and the opposing party has failed to do so. Plaintiff-Defendant, therefore, requests that a rule be entered directing compliance with 1920.31(a) and/or 1920.33(a) within 30 days of the date of the service of the rule."(ii) The praecipe shall be filed in the Administrative Office of Family Division, 5th Floor, Family Court Facility, 440 Ross Street, Pittsburgh, PA 15219. The party filing the praecipe is responsible for serving a copy of the rule on the opposing party. (2) If is necessary for the court subsequently to issue an order directing compliance with 1920.31(a) and/or 1920.33(a), such order shall, in the absence of compelling circumstances, contain, inter alia, a provision for payment of counsel fees and costs to the moving party. (c)Scheduling Hearings for Uncontested Claims Raised Under 3501 and 3701 of the Divorce Code. (1) Where a party has raised claims for alimony and/or equitable distribution of marital property and has reasonable grounds to anticipate that the opposing party does not intend to appear at any conciliation or court hearing to contest these claims, the claims shall be scheduled for a hearing before the court.(2) A hearing is scheduled by filing a praecipe with the Family Division Docket Clerk.(3) The party filing the praecipe is responsible for serving the opposing party with the scheduling order required by the Court.(4) Prior to filing the praecipe, a party must have complied with 1920.31(a) and 1920.33(a) of the Pennsylvania Rules of Civil Procedure.(5)[Rescinded January 5, 1996, effective February 26, 1996.](6) At the uncontested hearing, the court shall hear only the essential facts required to enter an order. If the opposing party appears to contest the claim, the hearing shall be discontinued and the case shall proceed under subpart (a) of this Local Rule. Note: The purpose of subpart (c) of this rule is to deal with the claims of alimony and/or property distribution where no consent can be obtained but there also appears to be no contest. It is contemplated that the Court will be able to expeditiously deal with these cases particularly where property is minimal or where only a nominal alimony order is sought.
(d)Court Approved Settlements. (1) Where the parties have reached an agreement on the issues of alimony and/or equitable distribution of marital property, and where court approval of the agreement is desired, the agreement shall be included with the proposed divorce decree. The agreement shall be signed by all parties and/or their counsel.Adopted May 15, 1981, effective immediately; amended May 9, 1983, effective 7/2/1983; further amended January 5, 1996, effective 2/26/1996; amended January 18, 2001, effective 30 days after publication in the Pennsylvania Bulletin.