Current through Register Vol. 54, No. 38, September 21, 2024
(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.
(1) Within 20 days of service of the
moving party's inventory, the non-moving party shall file an
inventory.
(2) 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.
(3) The
inventory shall set forth as of the date of separation:
(i) 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;
(ii) a specific
description of the assets or liabilities claimed to be non-marital and the
basis for such claim; and
(iii) the
estimated value of the marital and non-marital assets and the amount due for
each marital and non-marital liability.
(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.
(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.
