Rule 1920.73. Notice of Intention to Request Entry of Divorce Decree. Praecipe to Transmit Record Forms.

 (a)(1) The notice of the intention to request entry of divorce decree prescribed by Rule 1920.42(d) shall be substantially in the following form if there is an attorney of record:

 (Caption)
NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE

 TO: 



    (PLAINTIFF/DEFENDANT)

   


(PLAINTIFF/DEFENDANT) intends to file with the court the attached Praecipe to Transmit Record on or after
, 20
requesting that a final decree in divorce be entered.

Attorney for (PLAINTIFF/DEFENDANT) 

   (2)(i) The notice of the intention to request entry of a §  3301(c) divorce decree prescribed by Rule 1920.42(d) shall be substantially in the following form if there is no attorney of record:

 (Caption)
NOTICE OF INTENTION TO REQUEST ENTRY OF
§  3301(c) DIVORCE DECREE
TO: 



  (PLAINTIFF/DEFENDANT)

 You have signed a §  3301(c) affidavit 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.
 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 and you will 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)

   Official Note

   The above lines are to be completed with the name, address and telephone number of the officer, organization, agency or person designated by the court in accordance with Rule 1018.1(c).

 The date to be inserted in the first paragraph of the notice must be at least twenty days after the date on which the notice was mailed or delivered.

   (ii) The notice of the intention to request entry of §  3301(d) divorce decree prescribed by Rule 1920.42(d) shall be substantially in the following form if there is no attorney of record:

 (Caption)
NOTICE OF INTENTION TO REQUEST ENTRY
OF §  3301(d) DIVORCE DECREE

    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 §  3301(d) affidavit. Therefore, on or after


, 20
, the other party can request the court to enter a final decree in divorce.

   If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice.

   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 and you will 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)

   NOTE: The above lines are to be completed with the name, address and telephone number of the officer, organization, agency or person designated by the court in accordance with Rule 1018.1(c).

   The date to be inserted in the first paragraph of the notice must be at least twenty days after the date on which the notice was mailed or delivered.

 (b)  The praecipe to transmit the record prescribed by Rule 1920.42 shall be in substantially the following form:

 (Caption)
PRAECIPE TO TRANSMIT RECORD

   To the Prothonotary:

   Transmit the record, together with the following information, to the court for entry of a divorce decree:

   1. Ground for divorce: irretrievable breakdown under §  (3301(c)) and (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.)

   2. Date and manner of service of the complaint:


.

   3. Complete either paragraph (a) or (b).

     (a) Date of execution of the affidavit of consent required by §  3301(c) of the Divorce Code: by plaintiff


; by defendant
.

     (b)(1) Date of execution of the affidavit required by §  3301(d) of the Divorce Code:


;

      (2) Date of filing and service of the §  3301(d) affidavit upon the opposing party:


.

   4. Related claims pending:




   5. Complete either (a) or (b).

     (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 


     (b) Date plaintiff’s Waiver of Notice was filed with the prothonotary: 



   Date defendant’s Waiver of Notice was filed with the prothonotary: 




Attorney for (PLAINTIFF) (DEFENDANT)

Source

   The provisions of this Rule 1920.73 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended April 10, 1997, effective July 1, 1997, 27 Pa.B. 2042; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 11, 2002, effective immeidately, 32 Pa.B. 5263; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140. Immediately preceding text appears at serial pages (303589) to (303592).



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