231 Pa. Code r. 1920.73

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 1920.73 - Notice of Intention to File Praecipe to Transmit Record. Waiver of Notice of Intention to File Praecipe to Transmit Record. Praecipe to Transmit Record

(a)Notice of Intention to File the Praecipe to Transmit Record.

(1) If there is an attorney of record, the Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(iv), (a)(2)(i), (b)(1)(v), (b)(2)(i), (c)(1)(v), and (c)(2)(i), shall be substantially in the following form :

(Caption)

NOTICE OF INTENTION TO FILE

THE PRAECIPE TO TRANSMIT RECORD

TO:___________________________________

(PLAINTIFF/DEFENDANT)

___________________________(PLAINTIFF/DEFENDANT) intends to file with the court the attached Praecipe to Transmit Record on or after________________________, 20________ requesting that the court enter a final decree in divorce or an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record.

Attorney for (PLAINTIFF/DEFENDANT)

(2) If there is no attorney of record:

(i) The Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(iv) and (a)(2)(i) shall be substantially in the following form:

(Caption)

NOTICE OF INTENTION TO FILE

THE PRAECIPE TO TRANSMIT RECORD

UNDER SECTION 3301(c)(1) OF THE DIVORCE CODE

TO:___________________________________

(PLAINTIFF/DEFENDANT)

You have signed an Affidavit of Consent under Section 3301(c) of the Divorce Code consenting to the entry of a divorce decree. Therefore, on or after________________________, 20________, the other party can request the court to enter a final decree in divorce or, if there are unresolved ancillary claims, an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record, which is attached.

Unless you have already filed with the court a written claim for economic relief, you must do so by the date in the paragraph above, or the court may grant the divorce or, if there are unresolved ancillary claims, an order approving grounds for divorce and you may lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

__________

(Name)

__________

(Address)

__________

(Telephone Number)

The date to be inserted in the first paragraph of the notice must be at least 20 days after the date on which the notice was mailed or delivered.

(ii) The Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(b)(1)(v), (b)(2)(i), (c)(1)(v), and (c)(2)(i) shall be substantially in the following form:

(Caption)

NOTICE OF INTENTION TO FILE

THE PRAECIPE TO TRANSMIT RECORD

UNDER SECTION 3301(c)(2) OR SECTION 3301(d) OF THE DIVORCE CODE

TO:___________________________________

(PLAINTIFF/DEFENDANT)

You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code or the Affidavit under Section 3301(d) of the Divorce Code. Therefore, on or after_____________,20____,the other party can request the court to enter a final decree in divorce or, if there are unresolved ancillary claims, an order approving grounds for divorce as indicated on the proposed Praecipe to Transmit Record, which is attached.

If you do not file an answer with your signature notarized or verified by the above date, the court can enter a final decree in divorce or, if there are unresolved ancillary claims, an order approving grounds for divorce.

Unless you have already filed with the court a written claim for economic relief, you must do so by the above date, or the court may grant the divorce or an order approving grounds for divorce and you may lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims.

__________

(Name)

__________

(Address)

__________

(Telephone Number)

The date to be inserted in the first paragraph of the notice must be at least 20 days after the date on which the notice was mailed or delivered.

(b) The Waiver of Notice of Intention to File the Praecipe to Transmit Record permitted by Pa.R.C.P. No. 1920.42(a)(1)(iv), (a)(2)(i), (b)(1)(v), (b)(2)(i), (c)(1)(v), and (c)(2)(i) shall be substantially in the following form:

(Caption)

WAIVER OF NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD

1. Without further notice, I consent to the entry of:

[] a final decree of divorce; or

[] an order approving grounds for divorce.

2. I understand that I may lose rights concerning alimony, equitable division of property, lawyer's fees, costs and expenses, or other important rights if I do not claim them before a divorce is granted.

3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed.

I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of § 4904 relating to unsworn falsification to authorities.

Date:______________________ ____________

(PLAINTIFF)

(DEFENDANT)

(c) The Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(v), (a)(2)(ii), (b)(1)(vi), (b)(2)(ii), (c)(1)(vi), and (c)(2)(ii) shall be substantially in the following form:

(Caption)

PRAECIPE TO TRANSMIT RECORD

To the Prothonotary:

Transmit the record, together with the following information, to the court for entry of (check one of the following):

[] a divorce decree;

[] a divorce decree with marital settlement agreement attached;

[] a bifurcated divorce decree with the Court retaining jurisdiction over unresolved ancillary claims; or

[] an order approving grounds for divorce with the Court retaining jurisdiction over unresolved ancillary claims.

1. Check the applicable section of the Divorce Code. Grounds for divorce: irretrievable breakdown under:

[] Section 3301(c)(1)

[] Section 3301(c)(2)

[] Section 3301(d)

2. Service of the Complaint:

(a) Date served:________________________________________________.

(b) Manner of service:___________________________________________.

3. Complete either paragraph (a) or (b).

(a)Sec 3301(c)(1) or (2) of the Divorce Code-Insert the date each party signed the Affidavit of Consent, and if the ground for divorce is under Section 3301(c)(2) of the Divorce Code, insert the date the spouse was convicted of the personal injury crime identified in § 3103 next to the appropriate party and complete (1) and (2).

Plaintiff:___________;

Defendant:_________.

(1) The date the party signed the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code:___________________________;

(2) The date of filing and manner of service of the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code and a blank Counter-Affidavit under Section 3301(c)(2) upon the other party:

_________________________________________________________________________________________________________________.

(b)Sec 3301(d) of the Divorce Code:

(1) The date the Affidavit under Section 3301(d) of the Divorce Code was signed: _____________;

(2) Date of filing and manner of service of the Affidavit under Section 3301(d) of the Divorce Code and blank Counter-Affidavit under Section 3301(d) of the Divorce Code upon the the other party:

_________________________________________________________________________________________________________________.

4. Related ancillary claims pending:___________________________________________________________________________.

5. Complete either (a) or (b).

(a) Notice of Intention to File the Praecipe to Transmit Record:

(1) Date served:___________________________________________________________.

(2) Manner of service:_____________________________________________________.

(b) The date of filing of the party's Waiver of Notice of Intention to File the Praecipe to Transmit Record:

(1) Plaintiff's Waiver:_____________________________________________________.

(2) Defendant's Waiver:____________________________________________________.

___________________________

(Attorney for)(Plaintiff)(Defendant)

231 Pa. Code r. 1920.73

The provisions of this Rule 1920.73 adopted January 28, 1983, effective 7/1/1983, 13 Pa.B. 677; amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5324; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1943; amended April 10, 1997, effective 7/1/1997, 27 Pa.B. 2042; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 11, 2002, effective immeidately, 32 Pa.B. 5263; amended March 18, 2004, effective 6/16/2004, 34 Pa.B. 1754; amended July 8, 2010, effective 9/6/2010, 40 Pa.B. 4140; amended June 3, 2019, effective 10/1/2019, 49 Pa.B. 3059.