§ Rule 1920.46 Affidavit of Non-military Service

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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).

    Note: The Servicemembers Civil Relief Act, 50 App. U.S.C.A. § 521, requires that in cases in which the defendant does not make an appearance, the plaintiff must file an affidavit of non-military service before the court may enter 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.