HomeMy WebLinkAbout96-01858
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~ IN THE COURT OF COMMON PLEAS _
:. OF CUMBERLAND COUNTY ~
I STATE OF .. PENNA. l
8 ~
: NORMAN BERTOLET I II :
plaintiff I No, .~f?,::",J(l~8.",..,.....,.. 19
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; AND NOW.;.J ....... :!:'h. q.iQ. III. ordered ond
decreed that ...,..., tlP,~fo!~~, ,~r;:~:r,Q~J;:'1-'. . . . . . . ... . .. . ... . .., . .. plaintiff,
and. . . . . P.fl~9~.E.~ . ~~.~~9~.E,~ . , . . . , . . , , , . , . . . . , . , . . , , . . . . . , . '. defendant,
are divorced from the bonds of matrimony.
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THE POST-NUPTIAL AGREEMENT FILED TO THE ABOVE TERM AND NUMBER IS ~
INCORPOR TED HEREIN BY REFERENCE, BUT S OT MERGED INTO THIS DECRE ~
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The court retains jurisdiction of the following claims which have
been raised of record In this action for which a final order has not yet
been entered;
NONE
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2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise
speclflcelly provided herein, this Agreement shall continue In full force and effect after
such time as a final dacree In divorce may be entered with respact to the Parties.
3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The
Parties agree that the terms of this Agreement shall be Incorporeted but not merged
Into any Divorce Decree which mey be entered with respect to them,
4. ADVICE OF COUNSEL: The provisions of this Agreement are intended
to effect a legally binding property settlement between the pertles, Husband has been
represented by Gary J. Imblum, Esquire, and Wife has been represented by Matthew
Eshelman, Esquire. Each party acknowledges that he or she fully understends the
facts and hes been fully Informed es to his or her legel rights and obligations, and each
party acknowledges and accepts that this Agreemant Is fair and equitable, that It Is
being entered Into freely end voluntarily and that this Agreement and the execution
thereof Is not the result of any duress, undue Influence or collusion.
5. INTERFERENCE: Each party shell be free from all control, restraint,
Interference or euthorlty, direct or Indirect, by the other In all respects as fully as If he
or she were unmarried. Eech may reside at such place or places as he or she may
sale ct. Each may, for his or her separate use or benefit, conduct, carryon or engage
In any business, occupation, profession or employment which to him or her may seem
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advisable. This provision shall not be takan, however, to ba an admission on the part
of either Husband or Wife of the lawfulness of the causes which led to, or resulted In,
the continuation of their living apart. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each other, nor In any way
interfere with the peaceful existence, separate and apart from the other, nor compel
or attempt to compel the other to cohabit or dwell by any means or In any manner
whatsoever with him or her; each of the perties understands and agrees that he or she
shall not and will not do or sey anything to either of the Children, at any time, which
might In any way Influence the Children or either of them adversely against the other
party.
6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise,
release, quit claim, and forever dlscherge the other In the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rights, titles
and Interests, or claims in or against the property (Including Incoma and gain from
property hareaftar accruing) of the othar or against the estate of such othar, or
whatevar nature and whatsoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagemants or liabilities of such
other, or by way of dower or curtasy, or widows or widowers rights, family
exemptions or similar allowance, or undar the Intestate laws, or the right to take
egainst the spouse's will; or the right to treat a lIfatlma conveyance by the other as
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testementery, or ell other rights of e surviving spouse to pertlclpete In e deceesed
spouse's estete, whsther arising under the laws of Pennsylvanle, eny stete,
commonwealth or territory or the United States, or any othar country, or any right
which Wife may have or at any time hereafter have for past, present or future support
of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of the marital relation or othsrwlse, except, and only
except, all rights and agreements and obllgetlons of whatsoever nature arlflng or
which may arise under this Agreement or for the breach of any thereof. It Is the
Intention of Husband and Wife to give each other, by the execution of this Agreement,
a full, complete and general release with respect to any and all proparty of any kind
or natura, real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breech
of any provision thereof.
7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge thet
they will divide the marital property os of the dete of this Agreement, Including, but
without IImltetlon, Jewelry, clothes, furniture and other personalty and hereafter
Husband agrees that all the property In the possession of Wife on the data of this
Agreement shall be the sole, separate property of the Wife; and Wlfa agrees that all
of the property In the possession of the Husband on the date of this Agreement shall
be the sole, separate property of Husband; Irrespective of the foregoing provisions,
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Husband hereby agrees to set ovar, transfer and assign all of his right, title and
Interest to those personal affects and Itams of personslty that are more fully described
In Schedule "A," which has been annexed hereto and made a part hereof and which
shall bacome the sole property of Wife with the right to remove seme from the merltal
premises or from wherever located, and Wife hereby agrees to set over, transfer and
assign all of her right, title and Interest to those personal effects and Items of
personslty that are more fully described In Schedule "B" which hss been annexad
hereto and made a part hereof and which shall become the sole property of Husband.
By these presents, each of the Parties does hereby specifically welve, release,
renounce and forever abandon whatever claims he or she may hsva with respect to
any of the above-Items which are the sole and separate property of the other from the
date of execution heraof.
8. AFTER.ACQUIRED PERSONAL PROPERTY: Each of the Parties shall
hereinafter own and enjoy, Independently of any claim or right of the other, all Items
of personal proparty, tangible or Intangible, acquired by him or her after the date of
this Agreement, with full power In him or her to dispose of the same as fully and
effectively, In all respects and for all purposes, as though he or she were unmarried.
9. DIVISION OF VEHICLES: With respect to the vehicles owned by one or
both of the parties, or the net proceeds or value derived from any prior sale or trade
In thereof, they agree as follows:
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a. Any and all vehicles titled In the name of Husband shall be the solo
and exclusive property of Husband.
b. Any and all vehicles titled in the name of Wifo shall be the sole and
exclusive property of Wife.
The titles or lease agreements to said vehlclss shall be executed by the
parties, if appropriate, for effectuating transfer as herein provided on the date of
execution of this Agreement and said executed titles shall be delivered to the propor
party on the distribution date. For purposes of this Paragraph the term "title" shall bo
deemed to include "power of attorney" If the title or lease agreement to the vehicle
Is unavailable due to financing arrangements or otherwiso. In the event any vohicle
is subject to a lion or encumbrance the party receiving said vehicle as his or hor
property shall take it subject to said lien and/or encumbrance and shall be solely
responsible therefor and said party further agrees to indemnify, protect and save the
other part harmless from said lien or encumbrance. Each of tho parties hereto does
specifically waive, release, renounce and forever abandon whatever right, title and
Interest he or she may have In the vehlcle(s) that shall become the sole and separate
property of the other pursuant to the terms of this Paragraph.
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11. LIABILITIES: During the course of the merrlaga, Wife and Husband have
incurred certain bills and obligations and have amassed a variety of debts, and It Is
hereby agreed, without the necessity of ascertaining for what purpose and to who's
use each of the bills were Incurred, that the parties shall be responslbla for the debts
that each has separately Incurred since February 1, 1996, except those more fully
described In Schedule "C" which has been annexed hereto and made a part hereof for
which Wife shall essume ell liabilities and Schedule "0" which hes been annexed
hereto and made e part hsreof for which Husband shall assuma all liability. Wife shall
Indemnify and hold Husband harmlass from payment of all of said debts on Schedule
"C" and Husband shall Indemnify and hold Wife harmless from payment of all of said
debts on Schedule "0".
12. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that
they have not heretofore Incurred or contracted for any debt or liability or obligation
for which the estate of the other Party may be responsible or liable except as may be
provided for In this Agreement. Each Party agrees to Indemnify or hold the other Party
harmless from and against any and all such debts, liabilities or obligations of every
kind which may have heretofore been Incurred by them, Including those for
necessities, except for the obligations arising out of this Agreement.
13. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each
covenant, warrant, rapresent and agree that each will now and at all times hereaftar
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sava harmlass and kaap tha other Indamnlflad from all debts, charges and liabilities
incurrad by the other after the dote of this Agreement, except as may be otharwlse
specifically provided for by the terms of this Agreement and that neither of them shall
heresfter Incur any liability whatsoever of which the astate of the other may be liable.
14. WAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and
Wlfa do hereby walvs, release, and give up any rights they may respectfully have
against the other for alimony, support, or malntanance. It shall be from the date of
this Agreement the sole responsibility of each of the respective parties to sustain
thamselves without seeking any support from the other party. The parties hereby
acknowledge that by this Agreement each has respectfully secured and maintained a
substsntlal and adequate fund with which to provide themselves sufficient financial
resources to provide for their comfort, maintenance and support In the station of life
to which they are accustomed.
16. OTHER DOCUMENTATION: Wife and Husband covanant and agree that
they will forthwith (and within at least thirty (3D) dsys for demand therefore) execute
any and all written Instruments, assignments, releases, satisfactions, deeds, notes or
other such writings as may be necessary or desirable for the proper effectuation of
this Agreement in ordsr to carry out fully and effectively the terms of this Agreement.
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16. FULL DISCLOSURE: Each party asserts that he or she has made a full
and complete disclosure of all of the real and personal property of whatsoever nature
and wherever located belonging In any way to either or both of them, of all the debts
and encumbrances Incurred In any manner whatsoever by either or both of them
during the marriage, of all sources and amounts of Income of each party, and of every
other fact relating In any way to the subject matter of this Agreement. These
disclosures are part of the consideration made by each party for entering In this
Agreement.
17. ENTIRE AGREEMENT: This Agreement contains the entire understanding
between the Parties. There are no representetlons, warranties, covenants or
undertakings other than as expressly set forth herein.
18. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor
waiver of any of the terms heraof shall be valid unless In writing and signed by both
Parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
19. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be
construed In accordance with the laws of the Commonwealth of Pennsylvania,
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IN WITNESS WHEREOF, the Pertles hereto have set their hands and seels the
day and year first above-written.
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(SEAL)
WITNESS:
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DELORES JEAN RTOLET
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COMMONWEALTH OF PENNSYLVANIA
COUNTY or~
On this, the J J.tvJ.. day of fI)~~ , 1994 before me, a Notary
Public In and for said Commonwealth and County, personally appeared DELORES
JEAN BERTOLET, known to me (or satisfactorily proven) to be the person whose name
Is subscribed to the within Agreement, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
: 55.
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Notary Public
My Commission F.xplres:
IIlEALI
NOlansiSeal- "
Mellhew J, Eshelman, Nolery Publlo
Camp Hili aoro, Cumbenand Counly
My Commlaslon Expires Nov. IS, 1999
Member, Pennsylvania Assoclallon 01 NOlarl1!
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF "J:.)FYJ.NI'"
On this, the 0F;!J day of OJ To8fR, , 199 , before me, a Notary
Public In and for said Commonwealth and County, personally appeared NORMAN
BERTOLET, known to me (or satisfactorily proven) to be the person whose name Is
subscribed to the within Agreement, and acknowledged that ho executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official saal.
.~uWI/
~-f~~ Public
: 55.
My Commission Expires:
NOlanal Seal
Bonnie Jo Hull, NOlary Pl.illIo
Hameburg, Dauphin Coun:y
My Commlselon Explree Jan, 14,1999
Merrber, f'omsyI.<sna Asooda!ion 01 Notates
(SEALI
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SCHEDULE "A"
Wlfe'e Personal ProDortv
Any and all parsonal propsrty presently In Wife's possassion other than those Itema
listed on Schedule B
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SCHEDULE "C"
Wife's LIabilities
Any and all bills exclusively In Wife's name other than bills which are listed on
Schedule B, which will be Husbend's sole responsibility
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NORMAN BERTOLET,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 96-1858
I
I CIVIL ACTION - LAW
I IN DIVORCE
v.
DELORES BERTOLET,
Defendant
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY I
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) of the Divorce Code.
2. Date and mann~r of service of the complaint; certified
mail, return receipt requested on April 24, 1996
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:
by Plaintiff October 3. 1996 ;
by Defendant September 6. 1996
(b) (1) Date of execution of the Plaintiff's
affidavit required by Section 3301(d) of the
Divorce Code:
(2) Date of service of the Plaintiff's affidavit
upon the Defendant;
4.
Related claims pending;
None
5. Date and manner of service of the notice of intention
to file praecipe to transmit record, a copy OVhiCh is
attached, if the decree is to be entere un de ection
3301 (d) (1) (i) of the Divorce Code. "
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Gary J. Imbl
KNUPP & ROD
PO BOX 1184~
HARRISBURG IPA 17108-1848
(717) 238-7151
Attorney for Plaintiff
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NORMAN BERTOLET
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1'G. /5JJ' (i JtJ.~ L JL~
CIVIL ACTION. LAW
IN DIVORCE
DELORES JEAN BERTOLET
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend egalnst the claims
set forth In the following pagas, 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 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, Dauphin County Courthouse, Front and
Market Strsets, Harrisburg, Pennsylvania 17101.
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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
(717) 240.0200
"
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4. The Plaintiff and Defendant were married on October 10, 1988 at
Pleasant Gap, Cantre County, Pennsylvania.
6. There have been no prior actions of divorce or for annulment of marriage
between the Parties.
6. The marriage Is Irretrievably broken.
7. Plaintiff has baan advised that counseling is available and that Plaintiff
KNUPP Be KODAK, P.C.
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may have the right to request that the Court require the Parties to participate In
counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
Respectfully submitted,
By: ',--
Gary J. Imblum
Attorne~' 1.0. No. 26 6
407 North Front ( treet
P.O. Box 11848
Harrisburg, PA 17108.1848
(717) 238.7161
Dated: 'y-?V ~ 9&.
Attorneys for Plaintiff
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VERIFICATION
I, NORMAN BERTOLET, verify that the facts set forth In the foregoing
COMPLAINT are true and correct to the best of my knowladge, Information, and belief.
I understand that false statements herein are subject to the peneltles of 18 Pa.C.S.
~4904, relating to unsworn falsification to authorities.
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ORMAN BERTOLET
Plaintiff
DATED: ,1'lI/A!til 2 7 It( YI
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NORMAN BERTOLET,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - lB58 CIVIL TERM
v.
DELORES JEAN BERTOLET,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
APPIDAVIT OP SERVICE
AND NOW, this
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day of
I)ral L
1996, comes Gary J. Imblum, Esquire, Attorney for Plaintiff, who,
being duly sworn according to law, deposes and says that:
1. A Complaint under Section 3301(c) and 3301(d) of the
Divorce Code was filed on April B, 1996.
2. On AprilS, 1996, a certified copy of the Complaint was
oent to the Defendant via regular and certified mail, restricted
delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4.
3. On or about April 15, 1996, undersigned counsel for
Plaintiff received the return receipt card signed by the Defendant
on April 13, 1996. Said receipt is attached hereto as Exhibit "A"
and by this reference incorporated herein.
KNUPP & KODAK, P.C.
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BY;'--:"-- ./'
,/ Gary J. Imblum
Attorney 1.0.
Attorney for
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NORMAN BERTOLET
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 185B
CIVIL ACTION - LAW
IN DIVORCE
v.
DELORES JEAN BERTOLET
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on April B, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing 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 1B Pa,C.S. ~4904 relating to unsworn
falsification to authorities.
DATE I {J( r
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v.
IN THE COURT OP COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 1B58
CIVIL ACTION - LAW
IN DIVORCE
NORMAN BERTOLET
Plaintiff
DELORES JEAN BERTOLET
Defendant
WAIVER OP NOTICB OP INTENTION TO REOUEST ENTRY OP
A DIVORCE DECREE UNDER I 3301(0) OP 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 1B Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
DATE tlLr
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vs.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. 96 - 1858
I
I CIVIL ACTION - LAW
I IN DIVORCE
NORMAN BERTOLET,
Plaintiff
DELORES JEAN BERTOLET,
Defendant
DBFENDANT'S AFFIDAVIT OF CONSBNT
i UNDBR SBCTION 3301lcl OF THB DIVORCB CODB
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on April 8, 1996.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing 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.
4. 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. 5 4904 relating to
unsworn falsification to authoriti~s.
C"
DATE I ~\. \\ \ \'\~'-1
Si9naturel'~Q\''"\'0\ ~' n(['~\C\-
Delores . Bertolet
. ,~!~!~~~I~(t!_~~~#,~~~:tlt~i"!:\..'.
i'~,21;"'(,J,"'~_~<,",,~-, 'P.o. DOXIII.',.. . " ,
,'Kl,y",,;'1 ' ' HARRISBURG, PA 11Ioa-l""
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 1858
CIVIL ACTION - LAW
IN DIVORCE
NORMAN BERTOLET,
Plaintiff
DELORES JEAN BERTOLET,
Defendant
DBPBNDANT'S WAIVER OP NOTICB OP INTBNTION
TO REQUEST BNTRY OP A DIVORCB DBCREB
UNDBR SBCTION 330llcl OP THB DIVORCB CODB
l. 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.
J. 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.
4. 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 lB Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
DATE I S~~\ l~ I \ L\l\1u
Signature l~"-\"\.l. 1 C): ~\..\.~\ti:\
Delores . Bertolet
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