Berk. Cnty. Pa. 1920.42

As amended through May 6, 2024
Rule 1920.42 - Filing of Praecipe to Transmit Record
(a) When the divorce decree is requested under 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. 1920.42, the moving party shall serve all counsel of record and any unrepresented party with a copy of said praecipe and the proposed decree, and written notice of the intention to file the praecipe and proposal decree, substantially in the form set forth in Pa.R.C.P. 1920.73 unless such notice is not required in accordance with Pa.R.C.P. 1920.42(e). Written objections, if any, shall be filed and served on all counsel of record and on any unrepresented party on or before the filing date.
(b) When the divorce decree is requested under 3301(d) of the Divorce Code, Pa.R.C.P. 1920.42(d) and 1920.72(d) shall be followed.
(c) An administrative fee in an amount set by the President Judge through an Administrative Order, in addition to any fees imposed by the Commonwealth, shall be paid upon the filing of the praecipe to transmit the record.
(d) The party filing the praecipe to transmit the record shall also file a proposed divorce decree and a certificate of addresses.
(e) Upon submission of a praecipe to transmit the record, the file will be reviewed for procedural compliance. If procedural compliance had been achieved, a Divorce Decree will be entered in the normal course. If procedural defects are found to exist, counsel and unrepresented parties will receive a form indicating the defects found and sixty (60) days to correct the defects. If the defects are not corrected within sixty (60) days, the file will be returned to the Prothonotary's Office and a new praecipe to transmit the record together with the administrative fee will be required to be filed.

Berk. Cnty. Pa. 1920.42

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.