Pennsylvania Praecipe to Transmit Record
About this form
The Praecipe to Transmit Record is a legal document used to formally request that the Clerk of Court transmit records related to a divorce case for the entry of a divorce decree. This form is specific to divorce situations and is distinct from other legal documents, as it is focused on facilitating the finalization of divorce proceedings by ensuring that all necessary records are submitted to the court. It is essential for a smooth transition from the filing phase to the final decree in a divorce case.
Key components of this form
- Case information: Includes details such as the plaintiff, defendant, and docket number.
- Request for transmission: Directs the Clerk of Courts to send specific records to the court.
- Ground for divorce: Specifies the legal basis for the divorce under Pennsylvania law.
- Service information: Documents the date and manner of service of the complaint to the defendant.
- Affidavit details: Lists required affidavits that must be executed and filed in relation to the notice of the divorce.
- Waiver of notice: Indicates whether waivers of notice have been filed by both parties.
When to use this form
This form should be used when one party has filed for divorce and has completed the necessary steps to notify the other party. If the divorce grounds are irretrievable breakdown, and all required affidavits have been executed, this form can be submitted to facilitate the transmission of records to the court so that a divorce decree can be entered. It is an essential step in finalizing the divorce process in Northampton County, Pennsylvania.
Who this form is for
- Individuals who are plaintiffs or defendants in a divorce case.
- Parties who have completed all necessary filings and are ready to request the court decree.
- Those who have served the complaint and fulfilled the notification requirements for their divorce.
Steps to complete this form
- Identify the parties involved by entering the names of the plaintiff and defendant at the top of the form.
- Fill in the docket number assigned to your divorce case.
- Specify the grounds for divorce by indicating the appropriate section of the Divorce Code.
- Document the date and method of service regarding the complaint served to the defendant.
- Complete the details of the required affidavits, including execution and filing dates.
- Sign and date the form to finalize the request for record transmission.
Notarization guidance
This form does not typically require notarization unless specified by local law. However, it's important to check with your local court for any additional requirements that might apply.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to accurately fill out the service information, which can delay processing.
- Leaving the grounds for divorce section incomplete, which may result in rejection of the form.
- Not signing the form, making it invalid when submitted to the Clerk of Courts.
Why complete this form online
- Convenience: Download the form anytime and complete it at your own pace.
- Editability: Easily update your information as needed before finalizing the document.
- Reliability: Access forms that are drafted by licensed attorneys to ensure compliance with legal standards.
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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.
