PRO-SE DIVORCE PACKET | Huntingdon County Court

PRO-SE DIVORCE PACKET

COUNTY OF HUNTINGDON

These forms, information and instructions have been developed so you will not

need a lawyer to file for a no fault consensual divorce. You may file legal papers and

appear in court by yourself. This system is called “pro se.”

These materials can only be used to file for a divorce if your spouse will consent

to the divorce. In addition, marital property and alimony must not be issues. If you have

any questions about these issues, you should contact an attorney before filing a pro se

divorce because if these matters are not handled through the divorce, you will lose all

rights to them. In addition, you must have lived in Pennsylvania for at least six (6)

months, your spouse must not be in the military and you must both be at least eighteen

(18) years old.

Anyone thinking about using these forms should read all information sheets,

definition sheets and instruction sheets completely. If you are unsure about any of the

instructions, you should contact an attorney.

DISCLAIMER:

Court staff is not able to give you legal advice or help you fill out/complete these

forms. The information in this packet is not a substitute for professional legal

advice. The Court assumes no responsibility and accepts no liability for actions

taken by users of these documents, including reliance on their contents. If you

want to obtain the services of an attorney but do not know whom to contact,

please call the Pennsylvania Lawyer Referral Service at:

1-800-692-7375

SIMPLE DEFINITIONS OF TERMS USED IN A DIVORCE

"Plaintiff" -- the person who starts a lawsuit.

"Defendant" -- the person who is being sued.

"party" -- a person named in a Complaint (the Plaintiff or Defendant).

"No-Fault Divorce" -- a divorce in which one spouse does not have to prove that the

other spouse did something wrong.

"No-Fault Consent Divorce" -- a divorce where both parties agree to a divorce.

"irretrievably broken" -- the term which means that the marriage has little or no chance

of reconciliation.

"spousal support" -- support received by a spouse prior to the filing of a divorce.

"alimony pendente lite"-- support which either party can ask the court to order after the

divorce is filed. Alimony pendente lite ends when the divorce decree is entered.

"alimony" -- support which either party can ask the court to order which is paid after a

divorce decree is entered. The court may order alimony if the party seeking alimony cannot

support himself or herself, or if that party does not have enough money or property to

provide for his/her reasonable needs.

"marital property" -- generally, all property that is acquired during the marriage no

matter whose "name it is in."

"counseling" -- a court can order sessions with a marriage counselor if either party

requests it.

"attorney's fees" -- charges by an attorney for handling a case.

"Docket Number" -- the number assigned to the original Complaint. This number must

be used on any document either party files with the court which relates to the divorce.

"file" -- presenting your Complaint and other necessary forms to the Prothonotary to be

date-stamped. The Prothonotary will keep the original of all forms and return all other

copies to you.

EXPLANATION OF FORMS IN A DIVORCE ACTION

"Divorce Complaint" -- a legal document which sets out specific information about the

Plaintiff, Defendant and the marriage. It also asks the court to grant a divorce. Your

Complaint will be assigned a "docket number." This number must be used on any

document either party files with the court which relates to the divorce.

"Notice to Defend and Claim Rights" -- a form that tells the Defendant that he/she is

being sued for divorce and may lose rights if they do not respond to the Complaint. It also

advises the Defendant of the right to request counseling.

"Petition to Proceed In Forma Pauperis" (IFP) – a form which lists information of

your income, assets and expenses. This form is completed so the court can determine if you

will have to pay the filing fee or any other court expenses which may be part of a divorce.

"Order" (IFP) – an Order signed by the court which states that you do not have to pay any

court costs in the divorce.

"Affidavit of Service" -- a form which must be filed with the court indicating the Plaintiff

has made sure the Defendant was served with the Complaint and Notice to Defend and

Claim Rights in the proper manner.

"Affidavit of Consent" -- a document which must be signed and filed with the court no

earlier than 90 days after a Complaint is SERVED. The affidavit states that the marriage is

irretrievably broken and the party signing the affidavit wants a divorce. BOTH PARTIES

MUST SIGN AND FILE AN AFFIDAVIT OF CONSENT.

"Waiver of Notice of Intention to Request Entry of Divorce Decree"--forms

SIGNED BY BOTH PARTIES waiving notice of a request for entry of the divorce decree.

"Praecipe to Transmit" -- a form that asks the Prothonotary to send all the proper

papers to the Judge for entry of a divorce decree.

"Decree" -- an Order from the court granting the divorce.

NOTE: If you OR your spouse, OR both you and your spouse are under the age of 18, there are forms other

than those included in this packet which must be used. MidPenn Legal Services does have the necessary forms

and instructions available for your use.

GENERAL INFORMATION FOR DIVORCE

In 1980, the Pennsylvania divorce law changed to allow a married couple to get a

divorce with little trouble or expense. The law also allows for alimony and a fair division of

marital property.

The law now provides for No-Fault Divorces. Couples can now get a divorce without

having to prove that their spouse did something wrong. You need only show that the

marriage is "irretrievably broken"--which means that there are problems in the marriage

and it is not likely that the couple will get back together. In some cases, both parties must

sign a written consent to the divorce.

The types of divorces in Pennsylvania are as follows:

1. No-Fault Consent Divorce -- A divorce which requires the consent of both

husband and wife.

2. Irretrievable breakdown -- You can get a divorce without your spouse

consenting if you have lived separate and apart for 2 years or more.

3. Fault -- With this type of divorce, you need to prove that your spouse did

something wrong. Grounds for a fault divorce are: desertion for a year or more;

bigamy; adultery; imprisonment for 2 years or more upon conviction of any crime;

indignities (continuing conduct by the Defendant that makes Plaintiff's life

unbearable); and, endangering the life or health of the Plaintiff.

4. Institutionalization – You can get this type of divorce if your spouse is insane

or has a serious mental disorder and has been confined to a mental institution for at

least 18 months before you filed for this type of divorce and is expected to remain in

the institution for at least 18 months after you file for divorce.

MidPenn Legal Services is providing only information and forms

required for the No-Fault Consent divorce. NOT INCLUDED WITH THESE

FORMS ARE THE DOCUMENTS NECESSARY TO FILE FOR CUSTODY,

ALIMONY PENDENTE LITE, ALIMONY AND/OR EQUITABLE DISTRIBUTION

OF MARITAL PROPERTY. If you wish to file for custody, alimony pendente

lite, alimony and/or equitable distribution of marital property, you will be

unable to do so using the information provided by MidPenn Legal Services.

The following paragraphs discuss Alimony and Equitable Distribution.

A No-Fault Consent Divorce allows a spouse to ask for alimony if the spouse cannot

support himself or herself or does not have enough money or property to provide for his or

her reasonable needs. Alimony is usually ordered for a limited time -- long enough for the

person asking for alimony to get a suitable job or develop a suitable job skill. Alimony can

be ordered for a longer period of time if a person cannot work or develop a skill because of

age, disability, or the need to care for children. A person asking for alimony must request it

as part of a divorce action before the court grants the divorce. IF YOU DO NOT, YOU

CAN NEVER COME BACK AGAIN AND ASK THE COURT TO ORDER

ALIMONY.

A No-Fault Consent Divorce also allows either spouse to ask the court for an

equitable distribution of marital property (see the Definition of Terms page in these

instructions). The court will consider the length of the marriage, the ages, health, needs

and sources of income of each party, and several other factors when deciding how to

distribute marital property. A person asking for the marital property to be distributed must

request it as part of a divorce action before the court grants the divorce. IF YOU DO NOT,

YOU CAN NEVER COME BACK AGAIN AND ASK THE COURT TO ORDER AN

EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. If neither party asks the

court to distribute marital property, both parties will be able to use or dispose of their

separate property, even if it was obtained during the marriage, once a divorce decree is

entered.

Either party in a divorce has a right to request marriage counseling. The

Prothonotary will provide a list of marriage counselors upon request. Counseling will not

generally delay or prevent the divorce.

Either party in a divorce action has the right to request that a child custody Order be

entered in regard to children born to the parties. These forms will not help you file for

custody.

Again, the information and forms that MidPenn Legal Services is providing is only

for a No-Fault Consent Divorce when neither party will request custody, alimony pendente

lite, alimony or an equitable distribution of marital property. If custody, marital property

or alimony will be an issue in the divorce, MidPenn Legal Services suggests that you consult

a private attorney. The information and forms are not for you if any of the following pertain

to you:

1. If you have not been a resident of Pennsylvania for at least six (6)

months;

2. If you want to request any kind of alimony;

3. If you have marital property that needs to be divided because you and

your spouse cannot agree on how to divide it;

4. If you wish to request attorney's fees or court costs;

5. If your spouse is in the military service;

6. If you wish to pursue custody as part of the divorce. (However, a

separate action for custody can be filed before or after a divorce

action.)

TIMETABLE AND LIST OF FORMS

1. Complaint, Notice to Defend And Claim Rights, IFP Petition and IFP Order should

all be taken to the Prothonotary together for filing (this will start the divorce action). The

address of the Prothonotary is listed on the Notice to Defend And Claim Rights.

2. Affidavit of Service: to be filed when service has been made.

3. Forms to be filed together:

-- Praecipe to Transmit

-- Decree

-- Affidavit of Consent: each spouse must sign an Affidavit of Consent no earlier

than 90 days after the Complaint is SERVED on the Defendant. Both Affidavits must be

filed within 30 days after they are signed by the spouses.

--Waivers of Notice of Intention to Request Divorce Decree-each spouse must sign a

Waiver no earlier than 90-days after the Divorce Complaint is served.

MidPenn Legal Services recommends that you file all the above forms together,

keeping in mind the time limitations for the Affidavits of Consent, as a way to insure that all

the necessary forms are filed. However, if for some reason you are unable to file all

of the above documents together, be sure you file the Affidavits of Consent

within the time limitations noted above.

INSTRUCTIONS

AND

FORMS

I. INSTRUCTIONS FOR COMPLETING A DIVORCE COMPLAINT AND A

NOTICE TO DEFEND AND CLAIM RIGHTS

A. Filling out the Caption

The caption is the top part of page one of the Complaint and on each legal

document you will need to file in the divorce. The names of the parties, the docket

number, the type of Complaint and the court's name are found here.

The Plaintiff is you since you are filing this action. Type or print your full, legal

name, including middle initial, above the word "Plaintiff" in the caption of the

Complaint and the Notice to Defend and Claim Rights.

The Defendant is your spouse (husband or wife). Fill in the Defendant's full, legal

name, including middle initial, above the word "Defendant" in the Complaint and Notice

to Defend and Claim Rights.

Fill in the current year.

YOU MUST COMPLETE THE CAPTION ON EVERY FORM YOU FILE. THE

DOCKET NUMBER WILL BE PROVIDED TO YOU BY THE PROTHONOTARY WHEN

YOU FILE THE COMPLAINT AND MUST BE IN EVERY CAPTION.

B. The following instructions correspond to each numbered paragraph in the

Divorce Complaint.

1. Fill in your full, legal name including the middle initial, your full mailing

address (street, number, route, box number, town, county, state and zip code), and the

month and year you began living at this address.

2. Fill in the Defendant's full, legal name including the middle initial, the

Defendant's full mailing address (street, number, route, box number, town, county, state

and zip code), and the month and year your spouse began living at this address.

3. There is nothing to complete in this paragraph. It is a statement

indicating that you have resided in Pennsylvania for at least six months before filing the

divorce Complaint.

4. Fill in the complete date of your marriage (month, date and year) and the

city, county and state in which you were married.

5. If there has never been another divorce filed during this marriage, write

the word "none." If there was an action filed in the past, write the docket number, the

county in which the divorce Complaint was filed, who filed the action and what

happened with the action (withdrawn, dismissed, etc.).

Sign the Complaint using your full, legal name and put in the date.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

NOTICE TO DEFEND AND CLAIM RIGHTS

You have been sued in court. If you wish to defend against the claims set forth in the

following pages, you must take prompt action. You are warned that if you fail to do so, the

case may proceed without you and a decree of divorce or annulment may be entered against

you by the court. A judgment may also be entered against you for any other claim or relief

requested in these papers by the plaintiff. You may lose money or property or other rights

important to you, including custody or visitation of your children.

When the ground for the divorce is indignities or irretrievable breakdown of the

marriage, you may request marriage counseling. A list of marriage counselors is available

in the office of the Prothonotary on the first floor of the Huntingdon County Courthouse,

Huntingdon, Huntingdon County, PA.

IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,

LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,

YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT

HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE

SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

The Court of Common Pleas of Huntingdon County is required by law to comply with the Americans

with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations

available to disabled individuals having business before the Court, please contact the Court Administrator. All

arrangements must be made at least 72 hours prior to any hearing or business before the Court.

Court Administrator

Second Floor

Huntingdon County Courthouse

Huntingdon, PA 16652

814/643-5078

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE

1. Plaintiff is ___________________________, who currently resides at

______________________________________________, ________________

County, Pennsylvania, since ____________________.

2. Defendant is ___________________________, who currently resides at

_________________________________________________, ____________

County, Pennsylvania since _________________.

3. Plaintiff has been a bona fide resident in the Commonwealth for at least six

months immediately previous to the filing of this Complaint.

4. The Plaintiff and Defendant were married on _____________________,

at________________________________.

5. There have been no prior actions of divorce or for annulment between the parties

except _____________________________.

6. This marriage is irretrievably broken.

7. Plaintiff has been advised that counseling is available and that Plaintiff may have

the right to request that the court require the parties to participate in counseling.

8. Plaintiff requests the court to enter a decree of divorce.

I verify that the statements made in this Complaint are true and correct. I

understand that false statements herein are made subject to the penalties of 18 Pa. C.S.

Section 4904, relating to unsworn falsifications to authorities.

Date:_______________ ________________________________

Plaintiff,

Pro Se

II. INSTRUCTIONS FOR FILING THE COMPLAINT

You will need to file the Notice to Defend and Claim Rights, Complaint, IFP and IFP

Order in one of the following counties:

1. the county you live in;

2. the county your spouse lives in;

3. the county you and your spouse agree upon in writing (you need to

attach a statement which reads: "The Plaintiff, your name, and the

Defendant, your spouse's name, agree that this Divorce action should

be filed in name of county." Both you and your spouse must sign and

date the statement.)

You will then be ready to file your papers. Take all copies of the Complaint and

Notice to Defend and Claim Rights (a total of 3) to the Prothonotary's office where you are

filing. The Prothonotary will put a docket number on each Notice to Defend and Claim

Rights and Complaint and will keep one for filing. The Prothonotary will also date-stamp

all the documents and will return 2 copies of the Complaint and Notice to Defend and Claim

Rights to you. Be sure the docket number is on each copy of the Notice to Defend and Claim

Rights, and Complaint

You must serve one copy of the Notice to Defend and Claim Rights and the

Complaint on the Defendant (see Instructions for Service). The other copy will be for your

records.

III. INSTRUCTIONS FOR SERVING THE DIVORCE COMPLAINT

"Service" means that the Defendant received the Notice to Defend and Claim Rights

and the Divorce Complaint. Service must be made within 30 days of the filing of the

Complaint. Service can be made in a number of ways. We recommend either of the

following methods:

1. Personal service -- this is accomplished by an adult, other than you, personally

handing the Notice to Defend and Claim Rights and the Complaint to the Defendant. The

person who handed the papers to the Defendant must sign an Affidavit of Service which is

included in the forms.

2. Service by Certified Mail -- this can be accomplished by sending a copy of the

Notice to Defend and Claim Rights and the Complaint to the Defendant by certified mail,

return receipt requested, restricted delivery. After filing your Divorce Complaint and the

Notice to Defend, prepare an envelope with your spouse's name and address, using your

own address as the return address. Then print the words "Restricted Delivery" on the lower

left hand corner of the envelope. It is best to do this with red ink. Take the envelope to the

Post Office and tell them you want to send it "certified mail, return receipt requested,

restricted delivery." Someone at the post office will help you complete the cards properly

but here are the instructions: Fill in the Defendant's name and address on the back side of

the green card. There are boxes on this side for you to check the type of delivery you want.

Check the box that indicates that you want a return receipt and the one that indicates that

the item should be delivered only to the person named on the envelope. Fill in your name

and address on the reverse side so the green card will be returned to you after your spouse

has signed for the envelope.

There will also be a green and white paper slip that is numbered which you need to

complete. Fill in your spouse's name and address. There is a list of blanks indicating fees

for the mailing. Someone at the post office will help you complete this part if you are not

sure which costs apply. The reverse side of the green part of this slip will have adhesive on

it. Wet it and attach it to the top of the envelope allowing room for the postage. The

number from this slip of paper will be filled in on the green card where indicated. MAKE

SURE YOU KEEP THE RECEIPT FROM THIS SLIP. The cost of certified mail, return

receipt, restricted delivery is approximately $10.00.

WHEN YOUR GREEN CARD IS RETURNED TO YOU, YOU MUST ATTACH BOTH

THE GREEN CARD AND THE WHITE SLIP TO A PIECE OF PAPER. THEN ATTACH

THE PIECE OF PAPER TO THE COMPLETED AFFIDAVIT OF SERVICE AND FILE IT

WITH THE COURT. (see the instructions on completing the Affidavit of Service).

If the green card is not returned to you within one month, contact the post office

where you mailed the envelope from. If your spouse does not sign for the envelope you

should proceed with personal service as described above.

IV. INSTRUCTIONS FOR COMPLETING THE AFFIDAVIT OF SERVICE

After serving the Notice to Defend and Claim Rights and the Complaint according to

the instructions, you will need to complete and file the Affidavit of Service.

First Blank -- Print or type your name if your spouse was served by certified mail.

Print or type the name of the person who handed the Notice to Defend

and Claim Rights and the Complaint to your spouse if your spouse was served personally.

Second Blank -- Fill in the date on which service was made (either the date your

spouse signed the green card or was handed the Notice to Defend and Claim Rights and the

Complaint).

If you served the Defendant by certified mail, check the first paragraph and fill in the

date your spouse signed the green card. Then sign and date the Affidavit of Service. Be

sure to put the "docket number" on the caption and write the same year that is on the

Complaint. Staple the green card and receipt to a piece of plain paper and attach it to the

Affidavit of Service. Take the Affidavit with attached paper to the Prothonotary's office for

filing.

If the Defendant was personally served, check the second paragraph and fill in the

location where the Defendant was served, and the date and time of service. The person who

made personal service must sign and date the Affidavit of Service. Take the Affidavit to the

Prothonotary's office and file it.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

AFFIDAVIT OF SERVICE

I, __________________________, hereby verify that on _____ day of

_______________, 20__, I served the Defendant with a true and correct copy of the

Divorce Complaint by one of the following methods:

(CHECK ONE)

( ) Service was made by United States Postal Service, first class mail, postage

prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the

____ day of ___________, 20__. The return receipt signed by the Defendant is

attached hereto.

( ) The Defendant was personally served with a true and correct copy of the above

pleading by hand-delivering the same to the Defendant. Personal service was made at the

following location and time: __________________________________ on the

_______ day of ____________________, 20___, at _________ o'clock.

I verify that the statements made in this affidavit are true and correct. I

understand that false statements herein are made subject to the penalties of 18 Pa.C.S.

Section 4904 relating to unsworn falsification to authorities.

Date:_____________ ________________________________

Signature of the Person who

Made Service

VI. INSTRUCTIONS FOR COMPLETING THE AFFIDAVIT OF CONSENT

There are two Affidavits of Consent included in this packet, one for you and one for

the Defendant. THE AFFIDAVITS OF CONSENT CANNOT BE SIGNED UNTIL 90 DAYS

HAVE PASSED FROM THE DAY YOU SERVED THE COMPLAINT.

1. Make sure you complete the caption of each Affidavit of Consent.

2. Paragraph l -- print or type the date on which the Complaint was filed on both

Affidavits (the date the Prothonotary stamped on your copy of the Complaint).

3. Date and sign the form for Plaintiff with your full, legal name, including

middle initial.

4. The second Affidavit of Consent must be dated and signed by your spouse.

Mail your spouse a copy of the Affidavit or contact him or her personally.

5. YOU AND YOUR SPOUSE MUST FILE YOUR AFFIDAVITS OF CONSENT

WITHIN 30 DAYS AFTER THEY HAVE BEEN SIGNED. For example, you cannot sign

your form one day and file it 45 days later.

File both Affidavits of Consent with the Prothonotary within 30 days after they are

signed and dated. Remember, both Affidavits should be filed along with both Waivers of

Intention to Request Entry of a Divorce Decree, Praecipe to Transmit and Decree.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

AFFIDAVIT OF CONSENT

1. A complaint in divorce under §3301(c) of the Divorce Code was filed

on ________________.

2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days

have elapsed from the date of filing and service of the Complaint.

3. I consent to the entry of a final decree of divorce after service of Notice of

Intention to Request Entry of the Decree.

I verify that the statements made in this affidavit are true and correct. I understand

that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904

relating to unsworn falsification to authorities.

Date:_________________ _____________________________

Plaintiff

Pro se

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

AFFIDAVIT OF CONSENT

1. A complaint in divorce under §3301(c) of the Divorce Code was filed

on_____________________.

2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days

have elapsed from the date of filing and service of the Complaint.

3. I consent to the entry of a final decree of divorce after service of Notice of

Intention to Request Entry of the Decree.

I verify that the statements made in this affidavit are true and correct. I understand

that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904

relating to unsworn falsification to authorities.

Date:_________________ __________________________

Defendant

VII. INSTRUCTIONS FOR COMPLETING THE WAIVER OF NOTICE OF

INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE

When you file your consent forms, you must also file two "Waivers of Notice of

Intention to Request Entry of a Divorce Decree." One must be signed by you, and the other

must be signed by your spouse. You will find the two "Waivers of Notice of Intention to

Request Entry of Divorce Decree" on the next two pages.

1. Make sure you complete the caption on each "Waiver."

2. Date and sign the form for Plaintiff with your full, legal name, including

middle initial.

3. The second "Waiver" must be dated and signed by your spouse. Mail your

spouse a copy of the "Waiver" or contact him or her personally.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A

DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE

1. I consent to the entry of a final decree of divorce without notice.

2. I understand that I may lose rights concerning alimony, division of property,

lawyer's fees or expenses if I do not claim them before a divorce is granted.

3. I understand that I will not be divorced until a divorce decree is entered by the

Court and that a copy of the decree will be sent to me immediately after it is filed with the

Prothonotary.

I verify that the statements made in this affidavit are true and correct. I understand

that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904

relating to unsworn falsification to authorities.

Date: __________________ __________________________

Plaintiff, Pro Se

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A

DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE

1. I consent to the entry of a final decree of divorce without notice.

2. I understand that I may lose rights concerning alimony, division of property,

lawyer's fees or expenses if I do not claim them before a divorce is granted.

3. I understand that I will not be divorced until a divorce decree is entered by the

Court and that a copy of the decree will be sent to me immediately after it is filed with the

prothonotary.

I verify that the statements made in this affidavit are true and correct. I

understand that false statements herein are made subject to the penalties of 18 Pa.C.S.

Section 4904 relating to unsworn falsification to authorities.

Date: __________________ ___________________________

Defendant

VIII. INSTRUCTIONS FOR COMPLETING THE PRAECIPE TO TRANSMIT

Again, make sure you complete the caption.

Paragraph 2 -- Print or type "Service by Certified Mail, Restricted Delivery, Return

Receipt Requested on" then, insert the date your spouse signed the green card (this date

will also be on the Affidavit of Service).

If the Complaint was served personally, fill in the date, the location of service and the

name of the person who served the Complaint.

Paragraph 3 -- Print or type the date you signed the Affidavit of Consent in the first

blank and the date your spouse signed the Affidavit of Consent in the second blank.

Paragraph 4 -- Print or type the word "None."

Paragraph 5--Print or type the date on which you filed the Waiver of Notice of

Intention for yourself. Print or type the date on which you filed the Waiver of Notice of

Intention signed by your spouse.

Then date and sign your full, legal name.

After you complete the Praecipe to Transmit, file it at the Prothonotary's office along

with both Affidavits of Consent, both Waivers of Notice of Intention to Request Entry of

Divorce Decree and the Decree.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

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) of the Divorce

Code.

2. Date and manner of service of Complaint:

_______________________________________________.

3. Date of execution of the affidavit of consent required by § 3301(c) of the

Divorce Code: by Plaintiff _______________, by Defendant _______________.

4. Related claims pending: ________________________.

5. Date Plaintiff’s Waiver of Notice in §3301(c) Divorce was filed with the

prothonotary: _________________.

Date Defendant’s Waiver of Notice in §3301(c) Divorce was filed with the

prothonotary:_________________ .

Date: _________________ _________________________

Plaintiff, Pro Se

IX. INSTRUCTIONS FOR COMPLETING THE DIVORCE DECREE

Complete the caption as on all forms, including the docket number and year.

Do not fill in any dates in the first line.

Print or type your full, legal name in the blank on the second line and the full, legal

name of your spouse in the blank on the third line.

Take the Divorce Decree to the Prothonotary's office along with the Praecipe to

Transmit Record, both Affidavits of Consent and both Waivers of Notice of Intention to

Request Divorce Decree.

The Prothonotary will make sure all the necessary papers are in the file and will send

all the information to the Judge so he/she can sign the Divorce Decree.

You will receive your Divorce Decree within a few weeks.

After you have received your Divorce Decree, you may resume your maiden name.

To do this you must go to the Prothonotary's office and file a statement indicating that you

intend to resume your maiden name. The cost is approximately $5.00 to $10.00,

depending on the county in which you live.

IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA

___________________ : CIVIL ACTION

Plaintiff :

v. : NO. _____ OF 20__

___________________ : IN DIVORCE

Defendant :

DECREE

AND NOW, _______________________________, 20___, it is ordered

and decreed that _____________________________, Plaintiff, and

__________________________, Defendant, are divorced from the bonds of

matrimony.

The court retains jurisdiction of any claims raised by the parties to this action for

which a final order has not yet been entered.

BY THE COURT,

_________________________

P.J.