HomeMy WebLinkAbout01-3904
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VET BEEN ENTERED; :
It is further ordered and decreed, pursuant to Pennsylvania Divorce :
Code, Section 23 Pa.C.S.A. ~3101 et seq. and Pa.R.C.P. 1920.1 et seq.:
thaL Lh~ LeLIll::> dud conditions of a certain Agreement made between th +.
parties and dated October 1, 2001 , and attach
hereto and made a part hereof, in accordance with Paragraph 16, page
3, shall be incorporated into, but shall not be merged with, a Decre
in Divorce between the parties.
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Kimberlea Conrad
NO.01-3904 CIVIL TERM
VERSUS
Maynard S. Markel
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
Kimberlea Conrad
, P LA I NT IFF,
AND
Maynard S. Markel
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONV.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
ATTE
PROTHONOTARV
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AGREEMENT
THIS AGREEMENT made this (-!.I day of 0 c: -{,t<<~' , L 00,1
by and between MAYNARD S. MARKEL, hereinafter referred to as HUSBAND, and KIMBERLEA
CONRAD, hereinafter referred to as WIFE.
WITNESSETH:
WHEREAS, the parties hereto are husband and wife; and
WHEREAS, certain differences have arisen between them, as a consequence of which the
said parties are living separate and apart and therefore desire to enter into an agreement for the final
settlement of their property and affairs; and
WHEREAS, the parties, being fully advised as to their respective rights, duties and
obligations growing out of their marital status, have come to an agreement as to each and all oftheir
said matters of property and relations; and
WHEREAS, WIFE has entered suit for absolute divorce from HUSBAND,
.
NOW, THEREFORE, in consideration of the covenants and promises hereinafter mutually
to be kept and performed by each party, as well as for other good and valuable consideration, it is
agreed as follows:
1. SEPARATION: It shall be lawful for HUSBAND and WIFE to live separate and apart
from each other and to reside from time to time at such place or places as they shall
respectively deem fit.
2. INTERFERENCE: Each party shall be free from interference, authority and contact by the
other, except as may be necessary to carry out the provisions of this Agreement. Neither
party shall molest the other nor attempt to endeavor to molest the other nor in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart
from the other.
3. NAMES: It is understood that the terms HUSBAND and WIFE are used throughout this
Agreement solely as the method of identifying the parties and such words shall not be
construed to have any special meaning or purpose for their use, and are not dependent on
their marital status with each other.
4. DIVORCE: WIFE has filed an action for divorce in Cumberland County, Pennsylvania.
The parties agree that upon the passage of the ninety day waiting period after service of the
divorce complaint, they will both execute affidavits of consent so that the divorce action can
be completed. This Agreement shall remain in full force and effect regardless of any change
in the marital status of the parties.
1
5. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that she will not contract
or incur any debt or liability for which HUSBAND or his estate might be responsible other
than those debts assumed by the HUSBAND as a consequence of the Agreement herein.
6. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that he will not
contract or incur any debt or liability for which WIFE or her estate might be responsible other
than those debts assumed by the WIFE as a consequence of the Agreement herein.
7. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators, and assigns, release and discharge the
other of and from all causes of action, claims, rights or demands whatsoever, in law or
equity, which either of the parties ever had or now has against the other except any or all
causes of action for divorce and except any or all causes of action for the breach of any
provisions of this Agreement or property rights created and maintained in this Agreement.
8. WAIVER OF CLAIMS AGAINST ESTATE: HUSBAND relinquishes his inchoate
intestate right in the estate of WIFE, and WIFE relinquishes her inchoate intestate right in
the estate of HUSBAND, and each of the parties hereto by these presents for himself or
herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit-
claim, and forever discharge the other party hereto, his or her heirs, executors, administrators
or assigns, or any of them, of any and all claims, demands, damages, actions, causes of
action, or suits at law, or in equity, of whatsoever kind or nature, for or because of any
manner of thing done, omitted, or suffered to be done by said other party prior to and
including the date hereof.
9. REAL EST ATE: The parties had been the owners of a tract of improved real estate located
in Lower Allen Township, Cumberland County, Pennsylvania, and known and numbered as
1728 Main Street Lisburn, Mechanicsburg, Pennsylvania. HUSB~ND has previously
conveyed all of his right, title and interest in this tract of real estate to WIFE, and the deed
evidencing such conveyance has been recorded in the Recorder of Deeds Office for
Cumberland County, Pennsylvania. HUSBAND waives and relinquishes any right, title or
interest that he previously had in said tract of real estate and confirms that it is the sole and
separate property of WIFE.
10. CASH PAYMENT: WIFE agrees to pay to HUSBAND the sum of One Thousand Five
Hundred ($1,500.00) Dollars. Additionally, the parties agree that WIFE shall receive the IRS
refund check in the amount of $600.00 which they anticipate receiving from the Internal
Revenue Service.
11. RETIREMENT PLANS: WIFE has 401(k) plans with'Fleet Financial Group and with
Equity One. She shall retain these assets as her sole and separate property, and HUSBAND
waives any claim which he may have thereto.
2
HUSBAND has a 401 (k) plan with S & W Petroleum. He shall retain this asset as his sole
and separate property and WIFE waives any claim which she may have thereto.
12. DIVISION OF PERSONAL PROPERTY: WIFE agrees to giv~.to HUSBAND the
breadmaker. HUSBAND shall retain the breadmaker as his sole and separate property and
WIFE waives any claim which she may have thereto. In regard to all other items of personal
property, the parties acknowledge that they have heretofore divided up between them all of
their personal property to their mutual satisfaction. All the personal property currently under
the custody and control of the WIFE shall belong to the WIFE and all the personal property
currently under the custody and control of the HUSBAND shall belong to the HUSBAND.
Henceforth each of them shall own, have and enjoy, independently of any claim or right of
the other, all items of personal property of every kind, now or hereafter owned or held by him
or her, with full power to dispose of the same as fully and effectually, in all respects and for
all purposes, as if he or she were unmarried.
13. SUPPORT: Each party hereby agrees not to claim or demand any support for himself or
herself, alimony Pendente Lite, permanent alimony, counsel fees or expenses from the other
party, except as specifically provided for in this Agreement.
14. WAIVER OF APPRAISEMENT AND INVENTORY: The parties acknowledge and
agree that they have had an opportunity to value or have appraised any and all marital
property, and they do hereby waive a formal appraisal and inventory of same, and no
statement or representation by either party as to value shall be deem~d a misstatement or
misrepresentation to the other or be deemed fraudulent.
15. EXECUTION OF DOCUMENTS: The parties hereto agree to execute any and all
documents necessary to effect the terms of this Agreement.
16. INCORPORATION: This Agreement may be incorporated into, but shall not be merged
with, a Decree in Divorce between the parties.
17. LAW OF AGREEMENT: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the
parties. There are no representations, warranties, covenants or understandings other than as
expressly set forth herein.
19. LEGAL ADVI CE: The within Agreement has been prepared by WIFE's attorney, Joel O.
Sechrist. HUSBAND has been advised of his right to have an attorney of his choice to
review the Agreement and to advise him prior to signing the Agreement. The parties to this
Agreement hereby acknowledge that they have carefully examined its contents and that they
are satisfied that they understand the Agreement and further that the Agreement is, under the
3
circumstances, fair and equitable and that it is being entered into freely and voluntarily and
that it is not entered into as a result of any collusion or improper or illegal agreement or
agreements.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first
above written.
WITNESSES:
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COMMONWEAL TH OF PENNSYL VANIA
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COUNTY OF YORK
ON THIS, the day I'ST of Qcro ~erL ,2001, before me, a Notary
Public, the undersigned officer, personally appeared 1< Im&-#Z.-lEA, ClJNR4!)
, known to me (or satisfactorily proven) to be the person whose name
I 5. subscribed to the within instrument, and acknowledged that S H B executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notarial Seal
Linda J. McDaniel, Notary Public
Fairview Twp., York County
My Commission Expires Feb. 23, 2003
Member, Pennsylvania Association of Notaries
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF Yo~((
~
ON THIS, the day /r:;, of OC71)~tO"<. ,2001, before me, a Notary
Public, the undersigned officer, personally appeared If1I) Y pi ;J J2. 'f) S' 1118 p- k t L
, known to me (or satisfactorily proven) to be the person whose name
I S subscribed to the within instrument, and acknowledged that Id (; executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~&~~2~
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Notarial Seal
Linda J. McDaniel, Notary Public
Fairview Twp., York County
My Commission Expires Feb. 23, 2003
Member, Pennsylvania Association of Notaries
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IN THE COURT OF COMMON PLEAS
KIMBERLEA CONRAD
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
MAYNARD S. MARKEL
NO. 01-3904 CIVIL TERM
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 Section (3301(c)
(JJ01(d)(l)) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: Certified Mail - June 28. 2001
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code:byPlaintiffOcEober 12001 ;byDefendant October.1 2001
(b) (1) Dat,- of exeention of the Plaintiff' 5 Affidav it leqniIed b) SeetiOlI JJ01(d) of the Di vOIce
Code. , (2)
Date of fililIg and 5el v ice of the Plaintiff's Affida v it npon tile Dcfmdant.
4. Related claims pending: Economic issues which were raised in the within action were all settled by
written Agreement between the parties dated October 1, 2001
5. Complete either paragraph (a) or (b).
(a) Date and man..el of selvice of Notice of tile Intention to file plc\eGipe to tlanslllit I ecoId, a
cOP} of V\hich is attached.
(b) 'ver of Notice in ~3301(c) Divorce was filed with the Prothonotary: _
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Date Defendjt's W}liver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
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-t6e . Sechrist, Esqu re
IN omey for Plaintiff
Supreme Court ID 15609
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
KIMBERLEA CONRAD
Civil Action - Law
MAYNARD S. MARKEL
Action in Divorce
0::" ~ ( "-r-~
VS.
No. at ~ J9DAj
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 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania,
17013.
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.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle P A 17013
717249-3166
800 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
KIMBERLEA CONRAD
Civil Action - Law
VS.
No.
MAYNARD S. MARKEL
Action in Divorce
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas
en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso
puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la
Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion
reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos
importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted
puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la
oficina del Prothonotary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square,
Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS
DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0
ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECi-IO A RECLAMAR
CUALQUIERA DE ELLOS.
USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0
NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDICADA ABAJO
PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle P A 17013
717249-3166
800 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLEA CONRAD
Civil Action - Law
VS.
No. 01- 3vO'f tluJ -r~
MAYNARD S. MARKEL
Action in Divorce
COMPLAINT
1. Plaintiff is Kimberlea Conrad, an adult individual, who currently resides at 1728 Main Street
Lisburn, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Maynard S. Markel, an adult individual, who currently resides at 1783
Mountain View Road, Middletown, Pennsylvania, 17057.
3. The Parties have been bona fide residents in the Commonwealth of Pennsylvania for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and the defendant were married on April 2, 1988 at Apopka, Florida.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Parties separated May 12, 200 I, and have continued to live separate and apart
continuously since that date.
8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
t~
el O. Sechrist
upreme Court I.D. #15609
568 Old York Road
Etters P A 17319
Attorney for Plaintiff
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. S4904 relating to unsworn
falsification to authorities.
DATE:
[(~io/
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Kimberlea Comad, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLEA CONRAD
CIVIL ACTION - LAW
VS.
NO.01-3904 CIVIL TERM
MAYNARD S. MARKEL
ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEAL TH OF PENNSYLVANIA
~
COUNTY OF YORK
Personally appeared before me, the undersigned officer, a Notary Public in and for said
County and Commonwealth, Joel O. Sechrist, Esquire, who, being duly sworn according to law, doth
depose and say that he caused a true and correct copy of the Complaint in the above cited case to be
served upon the defendant, , by delivering same to the United States Post Office at Lewisberry,
Pennsylvania, on June 27, 2001, and mailing said Complaint by certified mail number
70993400000680030199, copies of the receipt for certified mail and return receipt card being
attached hereto.
SWORN to and SUBSCRIBED
before me this t;( (" 7l.J day
of ~rrrnf!:>~ ,?Po I
+Q0rCL~
Notarial Seal
Linda J. McDaniel, Notary Public
Fairview Twp., York County
My Commission Expires Feb. 23, 2003
Member, Pennsylvania Association ot Notaries
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delivery address different from item 1?
If YES, enter delivery address below:
o Agent
o Addressee
DYes
o No
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits,
1, Atticle Addressed to:
3, Service Type
I)t Certified Mail
o Registered
o Insured Mail
o Express Mail
Iil Return Receipt for Merchandise
o C.O,D,
4, Restricted Delivery? (Extra Fee)
)1l..Yes
2. Article Number (Copy from service label)
Cl 3"QO oooC
PS Form 3811. July 1999
J-rj 03
OIYY
Domestic Return Receipt
102595.99.M,17B9
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
· Sender: Please print your name, address, and ZIP+4 in this box ·
Joel O. Sechrist
Attorney-At-Law
568 Old York Road
Etters, PA 17319
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Certified Mail Provides:
II /~\ l:'I(ldinq reC8!p~
'1l'I:
. UniQUE' JcJt;ntifier for your mail piece
upon delivery
kept by Hie Post-Ii Ser'Jice for tl..NO years
":nport;~nt Herninders:
I "kid ONLY be combined with Flrst.Ciass Mall or Pnority Mail.
available for any class of international mail.
I'J~,',mANCE COVERAGE IS PROVIDED with Certified Mall. For
piease consider Insured or Registered Mail. '
a Return Receipt may be requested to provide proof of
Receipt service, please complete and attach a Return
1) to the article and add applicable postage to cover the
"Return Receipt Requested" To receive a fee waiver for
a USPS postmark on your Certified Mail receipt is
. .,
..
be restricted to the addressee or
clerk or mark the mallpiece with the
. on the Certified Mail receipt is desired, please present the arti-
office for postmarking, If a postmark on the Certified Mail
needed, detach and affix label with postage and mail.
iMPORTANT: Save this receipt and present it when making an inquiry.
1999 (Reverse)
1(10;;:......... --
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLEA CONRAD
CIVIL ACTION - LAW
VS.
NO.01-3904 CIVIL TERM
MAYNARD S. MARKEL
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on June 26,
2001.
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: )0 J) JV }
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLEA CONRAD
CIVIL ACTION - LAW
VS.
NO.01-3904 CIVIL TERM
MAYNARD S. MARKEL
ACTION IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S3301(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. ~4904, relating to unsworn
falsification to authorities.
DATE:
ID!} /01
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLEA CONRAD
CIVIL ACTION - LAW
VS.
NO.01-3904 CIVIL TERM
MAYNARD S. MARKEL
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~330l (c) of the Divorce Code was filed on June 26,
2001.
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: i1/0 I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLEA CONRAD
CIVIL ACTION - LAW
VS.
NO.01-3904 CIVIL TERM
MAYNARD S. MARKEL
ACTION IN DIVORCE
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. ~4904, relating to unsworn
falsification to authorities.
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)de endant
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