WESTMORELAND COUNTY Rescinding W1920.42(a); Adopting New Rule W1920.42; No. 3 of 2015 [45 Pa.B. 6676]
[Saturday, November 21, 2015]Administrative Order of Court And Now, this 28th day of October, 2015, It Is Hereby Ordered that Westmoreland County Rule of Civil Procedure W1920.42(a), Affidavit and Decree under Section 3301(c) or Section 3301(d) of the Divorce Code is rescinded and new rule W1920.42 is adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
RICHARD E. McCORMICK, Jr.,
President JudgeRule W1920.42. Affidavit and Decree under Section 3301(c) or Section 3301(d) of the Divorce Code.
(a) The court may require a hearing before the entry of a decree in divorce under sections 3301(c) or 3301(d) of the Divorce Code.
(b) Where both parties have filed affidavits under section 3301(c) of the Divorce Code evidencing consent to the entry of final decree, the plaintiff shall file at the Prothonotary a Pennsylvania vital statistics form, an affidavit of non-military service of defendant, and a proposed decree in divorce. Upon receipt of a praecipe to transmit the record, the Prothonotary shall deliver all the papers filed at that number and term to the court for entry of the decree in divorce. The proposed decree in divorce shall include a clause retaining jurisdiction in the court of all other related claims that have been jointed, and which have not been decided by the court as of the date of the presentation of the proposed decree in divorce.
(c) If a complaint has been filed requesting a divorce on the grounds of irretrievable breakdown and the plaintiff has filed an affidavit under section 3301(d) of the Divorce Code, the averments of which the defendant has either admitted or not denied; the plaintiff shall send written notice to the court and to the defendant at his/her last known address. The notice shall be sent at least 10 days in advance of the time and date the plaintiff intends to file the praecipe to transmit the record required by Pa.R.C.P. 1920.42.
(1) The plaintiff shall also file the Pennsylvania vital statistics form, an affidavit of non-military service of defendant, a proposed decree in divorce, and an affidavit that notice was sent to the defendant as required above. The proposed decree in divorce shall include a clause retaining jurisdiction in the court of all other related claims which have been joined and which have not been decided by the court as of the date of the presentation of the proposed decree in divorce.
(2) If the defendant does not object within the time allotted, the court may either enter a decree in divorce, or schedule a hearing.
(d) If the defendant objects and raises new legal or factual issues, a hearing shall be held before the court or a master, as the court may direct.
Adopted December 16, 1993, effective April 1, 1994. Rule W1920.42(a) rescinded , 2015; new rule W1920.42 adopted , 2015, effective , 2015.
[Pa.B. Doc. No. 15-2042. Filed for public inspection November 20, 2015, 9:00 a.m.]
