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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 R.C.P. 1920.72*(d).

(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 or explanation.

(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.