Pennsylvania Praecipe to Transmit Record
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FAQ
Procedurally, both parties must sign an affidavit of consent for a mutual consent divorce under Section 3301(c). For a divorce based on two year separation under 3301(d), one of the parties must file an affidavit of separation and then serve the other party with the filed affidavit as well as a counter-affidavit.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
: PRAECIPE TO TRANSMIT RECORD. To the Prothonotary: Transmit the record, together with the following information, to the court for entry.
Rule 1920.42 - Filing of Praecipe to Transmit Record (a) When the divorce decree is requested under Section 3301(c) of the Divorce Code, at least twenty (20) days prior to filing a praecipe to transmit the record under Pa. R.C.P.
Waivers of Notice of Intention to File the Praecipe to Transmit Record: each spouse must sign a Waiver no earlier than 90 days after the Divorce Complaint is served. Both Waivers of Notice of Intention to Request Divorce Decree must be filed within 30 days after they are signed by the parties.