Pennsylvania Praecipe to Transmit

State:
Pennsylvania
Control #:
PA-SKU-2728
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PDF
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Description

Praecipe to Transmit

Pennsylvania Precise to Transmit is a legal document used to initiate a formal legal action in Pennsylvania. It is used to transfer a case from one court to another, such as from a lower court to a higher court, or from a court of common pleas to a trial court. It is also used to bring a new case to the court if the plaintiff has not yet filed a complaint. The Pennsylvania Precise to Transmit contains the name of the court to which the case is being transferred, the name of the case, the name of the plaintiff, the name of the defendant, and the date of the transfer. It must be signed by the plaintiff or the plaintiff’s attorney. There are two types of Pennsylvania Precise to Transmit: the Precise to Transmit from a Lower Court to a Higher Court and the Precise to Transmit from a Court of Common Pleas to a Trial Court. Both types are used to initiate and transfer a legal action.

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FAQ

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.

If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.

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

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.

Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).

A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa.

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.

More info

An order approving grounds for divorce with the Court retaining jurisdiction over unresolved ancillary claims. Form 12 - Praecipe to Transmit Record.(a) Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record, 231 Pa. Code § 1920. 73, see flags on bad law, and search Casetext's comprehensive legal database. Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Complete either (a) or (b). (a) Notice of Intention to File the Praecipe to Transmit Record: (1) Date served: . Complete either paragraph (a) or (b): a. Date of execution of the §3301(c) affidavit of consent: (i).

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Pennsylvania Praecipe to Transmit