The Pennsylvania Affidavit That The Defendant Is Not In The Military Service is an affidavit that must be completed and notarized when a defendant is not currently in the military service. This affidavit is used to verify that the defendant is not exempt from any court proceedings due to being on active duty. There are two types of Pennsylvania Affidavit That The Defendant Is Not In The Military Service: Civil and Criminal. The Civil Affidavit is typically used in civil proceedings, such as divorce or child custody cases, to waive any claim of military service as a defense. The Criminal Affidavit is typically used in criminal proceedings, such as DUI or drug possession cases, to waive any claim of military service as a defense. Both affidavits must be signed by the defendant and notarized in order to be valid.