Rule 1920.14. Answer. Denial. Affidavit under Section 3301(d) of the Divorce Code.

 (a)  The averments in the complaint as to the divorce or annulment, all other claims which may be joined under the Divorce Code and any petition for special relief under these rules shall be deemed denied unless admitted by an answer. Notwithstanding the foregoing, the court may require a response to a petition for special relief.

 (b)  The averments of the affidavit under Section 3301(d) of the Divorce Code shall be deemed admitted unless denied by counteraffidavit.

   Official Note

   See Rule 1920.72(d) for the form of counteraffidavit.

Explanatory Comment—1994

   Subdivision (b) rquires that the averments of the plaintiff’s affidavit under Section 3301(d) of the Divorce Code be denied by counteraffidavit. If the defendant fails to file a counteraffidavit, all allegations are deemed admitted.

Explanatory Comment—2007

   Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed to be denied unless admitted by an answer.

Source

   The provisions of this Rule 1920.14 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 November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended April 11, 2007, effective immediately, 37 Pa.B. 1959. Immediately preceding text appears at serial page (229631).



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