Kaskie v. Kaskie

HOFFMAN, Judge:

This is an appeal from an order foreclosing appellant’s claims under the Divorce Code of 1980 (Divorce Code). 1 For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

This action was commenced under the Divorce Law of 1929 (Divorce Law), 2 and was pending on July 1, 1980, the effective date of the Divorce Code. On July 30, 1980, without obtaining appellee’s consent or leave of court, see Pa.R.Civ.P. 1033, appellant filed a counterclaim asserting, for the first time, claims for alimony and equitable distribution of marital property…