§ Rule 1920.72 Form of Complaint Affidavit Under

Rule 1920.72. Form of Complaint. Affidavit Under § 3301(c) or 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree Under § 3301(c) and § 3301(d)

(a) The complaint in an action of divorce under § 3301(c) or 3301(d) shall begin with the Notice to Defend and Claim Rights required by Rule 1920.71 and shall be substantially in the following form:

(Caption)

COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE

1. Plaintiff is _______, (Name) who currently resides at _______, (Address) _______, (City) _______, (County)

_______ (State) since _______. (Date)

2. Defendant is _______, (Name) who currently resides at _______, (Address) _______, (City) _______, (County)

_______ (State) since _______. (Date)

3. _______ (Plaintiff and/or Defendant) has/have been a bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint.

4. The plaintiff and defendant were married on _______ (Date) at _______ (City) _______ (State/County)

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

6. The 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. § 4904, relating to unsworn falsification to authorities.

________________________________________________________________________________ Plaintiff

Date: ______________

________________________________________________________________________________ Attorney for Plaintiff

(b) The affidavit of consent required by § 3301(c) of the Divorce Code and Rule 1920.42(a)(1) shall be substantially in the following form:

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AFFIDAVIT OF CONSENT

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

Date

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. § 4904 relating to unsworn falsification to authorities.

Date: _____________________ _______________________________________________________

(PLAINTIFF) (DEFENDANT)

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WAIVER OF NOTICE OF INTENTION

TO REQUEST ENTRY OF A DIVORCE DECREE

UNDER § 3301(c) AND § 3301(d) 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.

Date: _____________________ _______________________________________________________

(PLAINTIFF) (DEFENDANT)

(d) The affidavit required by § 3301(d) of the Divorce Code and Rule 1920.42(a)(2) shall be substantially in the following form:

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NOTICE

If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted.

AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE

1. The parties to this action separated on __________ and have continued to live separate and apart for a period of at least two years.

2. The marriage is irretrievably broken.

3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no claim them before a divorce is granted.

Date: _____________________ _______________________________________________________

Plaintiff/Defendant

(e)(1) The counter-affidavit prescribed by Rule 1920.42(d)(2) shall be substantially in the following form in a § 3301(c) divorce:

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COUNTER-AFFIDAVIT UNDER § 3301(c) OF THE DIVORCE CODE

I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights.

I understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.
I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date: _____________________ _______________________________________________________

(PLAINTIFF) (DEFENDANT)

NOTICE: IF YOU DO NOT WISH TO CLAIM ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.

(2) The counter-affidavit prescribed by Rule 1920.42(d)(2) shall be substantially in the following form in a § 3301(d) divorce:

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COUNTER-AFFIDAVIT UNDER § 3301(d)
OF THE DIVORCE CODE

1. Check either (a) or (b):

(a) I do not oppose the entry of a divorce decree.

(b) I oppose the entry of a divorce decree because (Check (I), (ii), or both):

(i) The parties to this action have not lived separate and apart for a period of at least two years.

(ii) The marriage is not irretrievably broken.

2. Check either (a) or (b):

(a) I do not wish to make any claims for economic relief. 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.

(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights.

I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.

I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date: _____________________ _______________________________________________________

(PLAINTIFF) (DEFENDANT)

NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit.