Rule 1920.46. Affidavit of Non-Military Service.

 If the defendant fails to appear in the action, the plaintiff shall file an affidavit regarding military service with the motion for appointment of a master, prior to a trial by the court, or with the plaintiff’s affidavit required by Rule 1920.42(a)(2).

   Official Note

   The Soldier’s and Sailor’s Civil Relief Act of 1940, 50 U.S.C.A. App. §  520, requires that in cases of default in appearance by the defendant, the plaintiff must file an affidavit of nonmilitary service before entering judgment. If the defendant is in the military service and an attorney has not entered an appearance on behalf of the defendant, no judgment may be entered until the court appoints an attorney to represent the defendant and protect his or her interest.

    Rule 1920.42(a)(2) governs an action for divorce under Section 3301(d)(1)(i) of the Divorce Code.

   The provisions of this Rule 1920.46 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended July 30, 2003, effective immediately, 33 Pa.B. 4072. Immediately preceding text appears at serial pages (229639) to (229640).