Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › 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

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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.