Rule 1920.42 - Documents required to be filed in Divorce Actions under Section 3301(c) and Section 3301(d) of the Divorce Code(a) Unless previously filed of record, the following documents shall be filed along with the Praecipe to Transmit Record after all economic claims of record have been resolved or withdrawn: (1) if the action is brought under Section 3301(c), the Affidavits required under Pa.R.C.P. 1920.42(a)(1);(2) if the action is brought under Section 3301(d), the Affidavit required under Pa. R.C.P. 1920.42(a)(2);(3) an Affidavit of Service as to the Complaint;(4) in the case of actions brought under Section 3301(d), an Affidavit of Service as to the Affidavit required under Pa.R.C.P. 1920.42(a)(2);(5) a proposed Final Decree in Divorce;(6) if the proposed Final Decree in Divorce purports to incorporate a written agreement between the parties, a true and correct copy of the fully executed agreement;(7) a stamped pre-addressed envelope addressed to the counsel of each represented party or, if unrepresented, to each unrepresented party;(8) if the Defendant has failed to appear or has not filed an Affidavit of Consent in the action, an Affidavit of Non-Military Service;(9) a copy of the Notice of Intent to File Praecipe that was earlier sent to the opposing party or to his or her counsel of record; and(10) current docket entries.(b) The aforesaid procedure is only applicable in all cases under Section 3301 (c) and Section 3301(d) where all issues between the parties have been resolved. The party filing the Praecipe may withdraw a claim by so noting on the Praecipe to Transmit Record. Any outstanding claims by the opposing party may only be withdrawn by a separate Praecipe signed by that party or his attorney of record. If any claims are not specifically withdrawn or resolved by attached written agreement, the case must be referred to a Master for disposition (unless bifurcated by Order of Court).(c) If a Praecipe to Transmit is defective, the Clerk of the Family Court may require that a corrected Praecipe be filed, preceded by notification to the opposing party. No additional filing fee need be paid when the corrected Praecipe is filed.(d) In a case proceeding under Section 3301(c), if any objection is filed to the Praecipe to Transmit Record, the following procedure shall be followed:(1) The Clerk of the Family Court shall place any case wherein an objection has been filed on the next available list for the Family Court Motions Judge. All parties or their counsel shall be given at least ten (10) days notice prior to the listing date for the Court to determine whether the objection should be sustained or dismissed.(2) If the Family Court Motions Judge determines that an objection should be sustained, an Order shall be entered which shall provide one of the following: (i) require the filing of additional pleadings;(ii) refer the case to the Permanent Master in Divorce, subject to the requirements set forth in Rule 1920.51;(iii) enter a Decree in Divorce with jurisdiction reserved over certain claims;(iv) grant such other relief as the Court deems necessary.(3) If the Family Court Motion Judge determines that an objection should be dismissed, that Judge shall enter a Final Decree in Divorce.(e) In any case where a Section 3301(d) Counter-affidavit is filed, the matter will be promptly listed before the Permanent Master in Divorce for purposes of a hearing on all non-economic issues raised therein. The written notice of said hearing shall clearly state that failure of the non-moving party to appear at the scheduled time will result in the dismissal of all objections and claims raised in the Counter-affidavit and the entry of a Final Decree in Divorce without additional notice to that party.(1) If the non-moving party fails to appear for the scheduled listing of the case, the Master shall there upon file a summary Report or Proposed Order recommending dismissal of the Counter-affidavit. If no exceptions are filed to the Report or Proposed Order within twenty days, then the Report or Proposed Order shall forthwith be presented to a Judge for approval and entry of an Order dismissing the Counter-affidavit. A Final Decree pursuant to Section 3301(d) or Order approving grounds for Divorce may then be entered following judicial review of the file.(2) If both parties appear for the listing of the case, the Permanent Master in Divorce shall then conduct a conference to ascertain what issues are actually in dispute. Following conclusion of the conference, the Master may immediately proceed with a record hearing to dispose of any contest as to grounds, or he may defer the matter to another listing, for which notice shall be given while the parties are in attendance.(i) After the completion of testimony relating to Grounds under Section 3301(d), the Permanent Master shall expeditiously prepare and file a Report which contains his or her findings as to whether the prerequisites under that Section have been met. Copies of said Report shall be served on counsel and any unrepresented parties. (ii) Within twenty (20) days after the date of the Report by the Permanent Master, any party may file written exceptions thereto. Any such exceptions shall thereafter be listed for argument before a Judge of the Family Court who shall dispose of the same on the basis of the record compiled before the Permanent Master. In the absence of exceptions within said twenty (20) day period, the Report shall be transmitted to a Judge for approval and entry of an Order consistent with the Master's recommendation as to Grounds for a Section 3301(d) Divorce. If no economic issues remain outstanding in the case, a Final Decree pursuant to Section 3301(d) may then be entered following judicial review of the file.(iii) If economic issues are raised in a case for the first time through a Counter-affidavit, the Permanent Master shall submit a proposed Order to the Court whereby a deadline is set for the defendant to perfect his/her claims for economic relief through the filing of a Counterclaim or petition pursuant to Pa.R.C.P. 1920.15. If the defendant subsequently fails to comply with such Order, the Clerk of the Family Court, upon praecipe of the plaintiff, shall submit the file to a Judge for entry of a Final Decree.(iv) If economic issues were raised in a case prior to the filing of a Counter-affidavit, or if the defendant perfects his/her claims for economic relief under the preceding paragraph, it shall be the responsibility of the parties to dispose of such issues through the filing of a Certification for Hearing pursuant to Pa.R.C.P. 1920.51.Amended effective 9/1/2016; amended effective 4/8/2019.