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Rule 1920.*35 Procedure as to Interim Counsel Fees and Expenses
(a) A request for interim counsel fees and expenses in divorce actions
shall be made by petition and rule to show cause.
(b) The rule to show cause shall be given a return day for the filing
of an answer and also a conference date with the assigned judge.
The rule shall be substantially in the form prescribed by Bucks County
(c) The petition shall include:
(1) Identification of all other pending litigation between the parties;
(2) Petitioner's income and expense statement in the form required
by the practice and procedure governing an action for support, together
with a true and correct copy of petitioner's most recent federal
income tax return and pay stubs, if any, for the preceding six months;
(3) Petitioner's inventory and appraisement of all property owned
or possessed in the form required by the practice and procedure governing
an action for equitable distribution of property;
(4) The specific amounts claimed for interim counsel fees and expenses
and any statement for services, bill, estimate, other itemization
(d) The answer to the petition shall include:
(1) The respondent's income and expense and inventory and appraisement
forms as required of petition in subsection (c)(2) and (3) above,
together with a true copy of respondent's most recent federal income
tax return and pay stubs, if any, for the preceding six months.
(2) A concise statement of respondent's position in regard to the
amounts claimed by the petitioner.
(e) In the event that no answer is filed by the return day, upon
praecipe and an affidavit of service of the petition, showing service
more than ten (10) days before the return day the prothonotary shall
make the rule absolute.
(f) Upon conference, the judge may enter an interim order recommending
the allowance of specific amounts as interim counsel fees and expenses.
If neither party files a motion for a hearing within ten (10) days
thereafter, the recommendation shall be entered as a court order.