Pennsylvania Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master

State:
Pennsylvania
Category:
Control #:
PA-S017ST
Format:
Word; 
Rich Text
46 downloads

What is this form?

The Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master is a legal document used in Pennsylvania. Its primary purpose is to notify the court that all necessary forms have been filed and the case is ready for a decision. This form is crucial for moving forward with divorce proceedings, particularly related to the appointment of an Equitable Distribution Master to handle unresolved claims about asset division.

Main sections of this form

  • Prothonotary's request for the court to transmit the record.
  • Options for bifurcated divorce decrees or orders regarding grounds for divorce.
  • Certification of discovery completion by the moving party.
  • Grounds for divorce sections based on Pennsylvania Divorce Code.
  • Notice of Intention to file the Praecipe and waiver confirmations.
  • Required fee submission for the appointment of an Equitable Distribution Master.
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  • Preview Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master
  • Preview Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master
  • Preview Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master

Common use cases

This form should be used when you are ready to have your divorce case decided in Pennsylvania. You will need to file it when all relevant documents have been submitted, and both parties have completed their discovery obligations. It is specifically required if there are unresolved claims related to equitable distribution that need to be addressed before a divorce decree can be finalized.

Who can use this document

This form is intended for:

  • Divorcing couples in Pennsylvania who have completed their discovery process.
  • Attorneys representing plaintiffs or defendants in family court.
  • Individuals proceeding pro se (without legal representation) in divorce cases.

How to prepare this document

  • Identify all parties involved in the divorce and enter their names in the appropriate sections.
  • Select the desired type of order or decree to be issued by the court.
  • Certify that your discovery obligations have been fulfilled, and provide the necessary details about assets and liabilities.
  • Complete the section detailing the grounds for divorce according to the Pennsylvania Divorce Code.
  • Attach any required documents, including the Initial Hearing Statement and any waivers.

Notarization requirements for this form

This form does not typically require notarization unless specified by local law. Always check with local court rules or an attorney for confirmation.

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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.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to complete the certification of discovery, which can delay the process.
  • Not selecting the correct grounds for divorce or failing to provide supporting documents.
  • Missing signatures or contact information for attorneys or parties involved.

Why complete this form online

  • Convenience of completing the form from home, at any time.
  • Editable format allows for easy updates and changes before final submission.
  • Access to attorney-drafted templates ensures legal compliance and accuracy.

Summary of main points

  • The Amended Praecipe is essential for finalizing divorce proceedings in Pennsylvania.
  • Completion of the discovery process is mandatory before submission.
  • Clear identification of the grounds for divorce is crucial for the court's understanding.

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FAQ

: PRAECIPE TO TRANSMIT RECORD. To the Prothonotary: Transmit the record, together with the following information, to the court for entry.

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.

This section explains the basic forms needed for a plaintiff to file a simple No Fault Divorce in Pennsylvania when the parties have lived separate and apart for a period of at least one (1) year. Divorce in Pennsylvania involves important legal rights involving money, property, and custody of children.

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.

Pennsylvania Equitable Distribution Laws Spouses who wish to divorce often have assets and debts that need to be divided as part of the divorce process. In Pennsylvania, the term ?equitable distribution? is the legal term for the process of dividing the marital assets and marital debts.

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.

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.

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Pennsylvania Amended Praecipe to Transmit Motion for Grounds Order and Appointment of Equitable Distribution Master