Jane Gilbert - Page 9




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          order covering spousal and child support terminates upon the                
          death of the payee custodial spouse.                                        
               Mr. Hawley contends that we must apply Pa. R.C.P. 1910.16-             
          4(f)(3), 42 Pa. Cons. Stat. Ann. (West 2002), to the instant                
          case, which provides: “Unallocated charging orders for child and            
          spousal support, or child support and alimony pendente lite,                
          shall terminate upon the death of the payee spouse or payee ex-             
          spouse.”  Pa. R.C.P. 1910.16-4(f)(3) became effective on June 5,            
          2001.  The years in issue are Mr. Hawley’s and Ms. Gilbert’s                
          1993, 1994, and 1995 tax years.  Pennsylvania statues shall not             
          be construed to apply retroactively “unless clearly and                     
          manifestly so intended by the General Assembly.”  1 Pa. Cons.               
          Stat. Ann. sec. 1926 (West 1995); see Barnes v. Barnes, 597 A.2d            
          89, 92 (Pa. 1991); see also Commonwealth v. Rockwell                        
          Manufacturing Co., 140 A.2d 854 (Pa. 1958).  Pa. R.C.P. 1910.16-            
          4(f)(3) does not indicate that it will have retroactive effect,             
          and consequently we will not apply it retroactively.                        
               Twenty-three Pa. Cons. Stat. Ann. section 4352(a) (West                
          2001), which addresses the jurisdiction of Pennsylvania courts              
          over divorce proceedings, provides:                                         
               SEC. 4352.  Continuing jurisdiction over support orders                
                    (a) General rule.-– The court making an order of                  
               support shall at all times maintain jurisdiction of the                
               matter for the purpose of enforcement of the order and                 
               for the purpose of increasing, decreasing, modifying or                







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