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DECREE IN
DIVORCE
AND NOW, . .. .:J: o,!.)) ?..;':. .. .. .. .. .. .. ., 19.9;6..... it is ordered and
decreed that.,..,. ,~':':~ .~: ,~~~..... ,..,. .,........".., plaintiff,
CANDIE c. WIlDERMAN
and. .. . . ., , . .. . . .. ... . .. " . . , , . . .. , . . .. , . , . . .. . . , . . . . .. . ... .. defendant,
are divorced from the bonds of matrimony.
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;
The Decree incorporates, but does not merge, the Marital Settlerrent
.. ........ ..... ....... ........ ............ ................................,
Agreement dated May 10, 1996.
................ ..
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DAVID H. WILDERMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: NO. 95-4437
v.
CANDIE C. WILDERMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ItJ d- day of ~"'f" '
1996, by and between CANDIE C. WILDERMAN, ("Wife"), of CarliSle,
Pennsylvania, and DAVID H. WILDERMAN, ("HuSband"), of Camp Hill,
Pennsylvania.
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, married
on June 11, 1967, in Philadelphia, Pennsylvania.
WHEREAS, diverse,
unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and
property rights and obligations as between each other inClUding,
without limitation by specification: the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal property, and the settling of any and all
claims and possible claims by one against the other or against
their respective estates, as well as any other matters related
hereto.
NOW THEREFORE, in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other
good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and wife,
each intending to be legally bound hereby, covenant and agree as
follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar
the right of Husband and Wife to an absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which may occur subsequent to the date
hereof. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the terms of section 3301(c) of the Divorce
Code of 1980, as amended February 12, 1988.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a final decree in divorce may be
entered with respect to the parties. The parties agree that in
the event of absolute divorce between them, they shall
nonetheless continue to be bound by all the terms of this
Agreement. This Agreement shall be filed with the Court of
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Common Pleas of Cumberland County and incorporated into the final
decree of divorce for enforcement purposes only.
3. DATE OF EXECUTION
The "date of execution" or "execution date" of this
Agreement shall be defined as the date of execution by the party
last executing this Agreement.
4. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided
for herein shall only take place on the "distribution date"
which shall be defined as the date of execution of this
Agreement, unless otherwise specified herein.
5. CONSENT OF PARTIES
Husband and wife acknowledge that they fully understand
the facts as to their legal rights and obligations under this
Agreement.
Husband and Wife acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and
that it is being entered into freely and voluntarily, and that
the execution of this Agreement is not the result of any
collusion or improper or illegal agreement or agreements.
6. FINANCIAL DISCLOSURE
'I'he parties
confirm that
each has relied on the
substantial accuracy of the financial disclosure of the other,
except as set forth herein as an inducement to the execution of
this Agreement.
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7. MOTOR VEHICLES AND VEHICLE INSURANCE
with respect to the motor vehicles owned by the parties
or either of them, the parties hereby agree as follows:
A. The 1988 Chevy S-lO shall become the sole and
separate property of wife;
B. The 1994 Ford Escort shall become the sole and
separate property of the parties' child, Jennifer L. Wilderman.
Wife shall be responsible for the insurance costs on said
vehicle;
C. The 1991 Ford Explorer
separate property of Husband;
D. The 1984 Ford Bronco II,
separate property of the parties'
Husband will be responsible for the
vehicle.
shall become the sole and
shall become the sole and
child, Jesse H. Wilderman.
insurance costs on said
E. Husband and Wife agree to be solely responsible for
any and all insurance coverage for their respective vehiclesr and
for the childrens' vehicles, as stated above; and hereby hold
harmless and indemnify the other as to said insurance costs, in
addition to any other costs or expenses related to said vehicles.
8. PERSONAL PROPERTY
Except as set forth hereto, Husband and Wife agree that
they have divided all of their personal property to their mutual
satisfaction. The parties further agree that Wife shall have the
opportunity to make a final walk through of the marital
residence, and Husband shall have the opportunity to make a final
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walk through of the Perry County property/residence, in order to
finalize any and all property distribution, within fifteen (15)
days of the execution of this Agreement. In the event an
additional division of property is required, the parties hereto
agree to do so on their own. Thereafter, neither party shall
make a claim against the other as to said division of personal
property.
9. REAL PROPERTY
Husband and Wife agree that the former marital residence
located at 202 North 23rd street, camp Hill, Pennsylvania, and
the parties' property located in Perry County, are marital
property. Husband and Wife further agree that Husband shall have
sole title and possession of the former marital residence,
located at 202 North 23rd street, Camp Hill, Pennsylvania, and
Wife shall have sole title and possession of the parties' Perry
County property.
Husband and Wife further agree that they shall each be
responsible for one-half (1/2) of their joint, second mortgage
loan, the present balance of which is approximately $50,000.00.
Husband and Wife shall pay their aforesaid share in a lump sum or
otherwise continue to be responsible for one-half of the monthly
payment: or in the event that one party pays off its one-half
share in full, the other party shall be fully responsible for the
monthly payment.
Except as set forth hereto, each party shall be fully
responsible for any and all taxes, insurancesr liens or mortgages
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against their respective properties, and shall indemnify and hold
harmless the other party, from any and all demands or claims
which in any way relates to their respective properties.
Husband and Wife further agree to execute any and all
documents, upon request of the other, for purposes of transfer of
title or any other related documents necessary for the execution
of the parties' agreement hereto.
Husband and Wife further agree, that at any time
hereafter, if Husband would list the former marital residence,
located at 202 North 23rd street, Camp Hill, Pennsyvlania for
sale, or otherwise proposes to sell said property; or if Wife
hereafter, would list the Perry County property for sale, or
otherwise proposes to sell said property, that each party must
advise the other of the listing, offer or proposal of sale of
their respective property, and each party shall have the first
option to purchase the other's property.
10. FEDERAL TAXES
The parties hereto confirm that they will file a joint
Federal tax return for tax year 1995, and hereby further agree to
evenly divide any tax refund, or be responsible for any tax
liability, on a 50-50 basis. The parties anticipate divorcing
during 1996 and filing separately in 1996 and thereafter.
11. AFTER ACOUIRED PROPERTY
As of August 18, 1993, each of the parties shall own and
enjoy, independently of any claims or right of the otherr
all items of personal property, tangible or intangible, and/or
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real property, acquired by him or her, with full power in him or
her to dispose of the same as fully and effectively, in all
respect and for all purposes, as though he or she were
unmarried.
12. WIFE'S DEBTS
Wife represents and warrants to Husband that since the
date of final separation, on or about August 18, 1993" she has
not contracted or incurred any debt or liability for which
Husband or his estate might be responsible and Wife further
represents and warrants to Husband that she will not contract or
incur any debt or liability after the execution of this Agreement
for which Husband or his estate might be responsible. Wife shall
indemnify and save harmless Husband from any and all claims or
demands made against Husband by reason of debts or obligations
incurred by Wife.
13. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the
date of final separation, on or about August 18, 1993, he has
not contracted or incurred any debt or liability for which wife
or her estate might be responsible and Husband further represents
and warrants to Wife that he will not contract or incur any debt
or liability after the execution of this Agreement for which Wife
or her estate might be responsible. Husband shall indemnify and
save harmless Wife from any and all claims or demands against
Wife by reason of debts or obligations incurred by Husband.
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14. PENSION AND RETIREMENT BENEFITS
Except as set forth hereto, the parties hereby
specifically waive their respective rights, title and interest in
any and all pension and retirement benefits of any kind of the
other party. Said benefits shall become the sole and separate
party of the said party in whose name the benefits are currently
carriedr free and clear of all claims of the other party.
15. WAIVER OF RIGHTS
The parties hereto fully understand their rights under
and pursuant to the Divorce Coder Act of 1980, No. 1980-26, as
Amended February 12, 1988r particularly the provisions for
alimony, alimony pendente lite, spousal support, equitable
distribution of marital property, attorney fees and expenses.
Both parties agree that this Agreement shall conclusively provide
for the distribution of property under the said law and the
parties hereby waive, release and forever relinquish any further
rights they may respectively have against the other for alimony,
alimony pendente lite, spousal support, equitable distribution of
marital propertYr attorney fees and expenses.
16. PERSONAL RIGHTS
Husband and wife may and shall, at all times hereafter,
live separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried. They
may reside at such place or places as they may select. Each may,
for his or her separate use or benefit, conduct, carryon and
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engage in any business, occupation, profession or employment
which to him or her may seem advisable.
Husband and Wife shall not molest, harass, disturb or
malign each other or the respective families of each other nor
compel or attempt to compel the other to cohabitate or dwell by
any means or in any manner whatsoever with him or her.
17. MUTUAL RELEASE
Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate
of each other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interestsr
or claims in or against the property (including income and gain
from property hereafter accruing) of the other or against the
estate of each other, of whatever nature and wheresoever situate,
which he or she now has or at any time hereafter may have; or
any rights which either party may have or at any time hereafter
have for past, present or future spousal support or maintenance,
alimonYr alimony pendente lite, spousal support, equitable
distribution of marital property, attorney fees, costs or
expenses, whether arising as a result of the marital relation or
otherwise, except, and only except, all rights and agreements and
Obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
It is the intention of Husband and Wife to give to each
other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind
9
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or nature, 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 breach of any provision
thereof.
18. WAIVER OR MODIFICATION TO BE IN WRITING
A modification or waiver of any of the terms of this
Agreement shall be effective only if in writing, signed by both
parties and executed with the same formality as this Agreement.
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. MUTUAL COOPERATION
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
deliver to the other party, any and all future instruments and/or
documents that the other party may reasonably require for that
purpose of giving full force and effect to the provisions of this
Agreement.
20. INTEGRATION
This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and
negotiations between them.
There are no representations or
warranties other than those expressly set forth herein.
21. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the
10
benefit of the parties hereto and their respective legatees,
devises, heirs, executors, administrators, successors and assigns
in the interest of the parties.
22. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will
forthwith and within thirty (30) days after demand or due date,
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreementr and as their respective counsel
shall mutually agree, should be so executed in order to carry out
fully and effectively the terms of this Agreement.
23. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of
this Agreement. The failure of either party to insist upon
strict performance of any of the provisions of this Agreement
shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any subsequent default
of the same or similar nature, nor shall it be construed as a
waiver of strict performance of any other obligations herein.
24. BREACH
If either party breaches any provision of this Agreement,
the other party shall have the rights, at his or her election, to
sue in law or in equity to enforce any rights and remedies which
the party may have, and the party breaching this Agreement shall
11
be responsible for payment of attorney fees and all costs
incurred by the other in enforcing his or her rights under this
Agreement.
25. SEVERABILITY
If any term, condition, clause or provisions of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party
to meet his or her obligations under anyone or more of the
provisions herein, with the exception of the satisfaction of the
conditions precedent, shall in now way avoid or alter the
remaining obligations of the parties.
26. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the
laws of the Commonwealth of pennsylvania.
27. HEADINGS NOT PART OF AGREEMENT
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Any
headings
preceding
the
text of the several
paragraphs/provisions and subparagraphs hereof, are inserted
solely for convenience of reference and shall not constitute a
part of this Agreement nor shall they affect its meaning,
construction or effect.
28. DIVORCE
The parties hereto agree
that
their
marriage is
irretrievably brokenr and both parties agree to enter into a
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mutual consent divorce under Section 3301(c) of the Pennsylvania
Divorce Code of 1980, as amended February 12, 1988. The parties
further agree to sign the necessary documents, including the
Affidavit of Consent and Waiver of Counseling. The Decree in
Divorce entered hereto, shall incorporate, but not merge, this
Marital Settlement Agreement.
IN WITNESS WHEREOF, the parties hereto, have set their
hands and seals the day and year first above written.
Witness:
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CANDIE C. WILDERMAN
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STATE OF PA
COUNTY OF 2>~fN/~
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On this".Jill.l day of 11114- '7 , 1996, before me,
the subscriber, a Notary PUblic, in and for said Commonwealth and
County, came the above-named person(s) /:>If/lit::) <# WfLD~I-UA#4.1A...
, satisfactorily proven to me to be the
person(s) whose name(s) is/are subscribed to the within
instrument(s), and acknowledged the above instrument to be
his/her/their act and deed, and desired the same might be
recorded as such.
WITNESS my hand and Notarial seal.
~,--Q..u '(f (j.A"lUt ' '^-^-
OTARY PUBLIC
MY COMMISSION EXPIRES:
Notarial Seal
Nal8lIe L Andr .1118 Nata/y PubIc
Lower Paxton 'T\!P.. DalJll/lfn County
My CommIeeIan EicpIree Dee. 20. Ill99
STATE OF PA
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SS:
COUNTY OF
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On this
the subscriber,
County, came the
d-
If) day of '-1?7n.r- ' 1996, before me,
Notary PUblic, in-dnd for said Commonwealth and
above-named person(s) (lttnilu (1.1fJ,frlUMI9N
, satisfactorily proven to me to be the
name(s) is/are subscribed to the within
acknowledged the above instrument to be
and deed, and desired the same might be
person(s) whose
instrument, and
hiS/her/their act
recorded as such.
WITNESS my hand and Notarial seal.
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NOTARY PUBLIC r
MY COMMISSION EXPIRES: ~'7'~~~o
NOlarial Seal
Debra A. Evangellsli. NOlary Public
Susquahanna Twp.. Dauphin Caunly
My Cammlsslon E.plre. May 7. 2000
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DAVID H. WILDERMAN . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNA.
.
.
.
v. . NO. 95-4437
.
CANDIE C. WILDERMAN . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
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. Grounds for divorce: irretrievable breakdown under
Section (x) 3301(c) () 3301(d) of the Divorce Code.
2.
Auaust 23.
AcceDtance
Date and manner of
1995 bv certified mail:
of Service.
service of the Complaint: Qn
see attached Affidavit of
3. (Complete Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent
required by Section 330l(c) of the Divorce Code: by Plaintiff on
5/10/96; and by Defendant on 5/10/96.
(b) (1) Date of execution of the Plaintiff's
required by Section 3301(d) of the Divorce Code: N/A
(2) date of service of the Plaintiff's Affidavit
Defendant: N/A
Affidavit
upon the
.
4. Related claims pending: None/See attached Marital
settlement Aareement.
5. Date and manner of service of the Notice of Intention
to File Praecipe to Transmit Record, a copy of which is attached
if the decree is to be entered under section 330l(d)(i) of the
Divorce Code: N/A
6. Date and manner of service of Notice of Intention to
file Praecipe To Transmit Record, a copy of which is attached, if
the decree is to be enterd under section 330l(c) of the Divorce
Code ; OR, date of execution of Waiver of Notice of
Intention 5/10/96; date of filing Waiver 5/29/96.
.~/
James W. Abraham, Esq.
Attorney for Plaintiff
DAVID H. WILDERMAN . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNA.
.
v. . NO. y$"- tJ'43? (1;..;i .::r-e.v.-...
.
CANDIE C. WILDERMAN . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
COMPLAINT
AND NOW, comes Plaintiff, David H. Wilderman, by and
through his attorney, James W. Abraham, Esquire, Abraham Law
Offices, Harrisburg, Pennsylvania, and files the following:
COUNT I
DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff, David H. Wilderman, is an adult individual
who currently
resides at 202 North 23rd st., camp Hill,
Cumberland County, pennsylvania.
2.
Defendant, Candie
C. Wilderman,
is an adult
individual who
currently resides
at 432 Franklin Street,
Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six months immediately
prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 11, 1967
in Philadelphia, Pennsylvania
5. There have been no prior actions of divorce or for
annulment between the parties hereto.
6. The marriage is irretrievably broken.
7. After ninety (90) days from the filing of the
Complaint, Plaintiff intends to file an affidavit consenting to a
divorce.
Plaintiff believes Defendant may also file such an
affidavit.
8. This action is not collusive as defined by section
3309 of the Divorce Code.
9. Plaintiff and Defendant are not members of the Armed
Forces of the United states of America.
WHEREFORE, Plaintiff requests Your Honorable Court to
enter a decree in divorce to Plaintiff dissolving the marriage.
Respectfully submitted:
James W. Abraham, Esq.
Abraham Law Offices
122 Locust st.
Harrisburg, PA 17101
Attorney for Plaintiff
(717-232-7825
DATE: .p-((r' 7!:
VERIFICATION
I, bNUj~,) iJ, Lv I'c..~fv( VvI ki'l the undersigned, hereby
verify and confirm that I have reviewed the foregoing document
and the statements therein are true and correct to the best of my
knowledge, information and belief. I further understand that any
false statements made herein are subject to the penalties of 18
Pa. C.S.A. Section 4904, relating to unsworn falsifications to
authorities.
DATE: .p'1 V- ~/:;-
~4/1tJ/d
----
CERTIFICATE OF SERVICE
I, James W. Abraham, Esquire, the undersigned, hereby
certify that I have served a true and correct copy of the
foregoing document, certified mail, return receipt, upon the
following person, on the date indicated below:
Candie C. Wilderman
432 Franklin st.
Carlisle, PA 17013
05-
DATE: J.lft-. ,
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JAMES W. ABRAHAMr ESQ.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 95-4437
CIVIL ACTION - LAW
IN DIVORCE
DAVID H. WILDERMAN
plaintiff
CANDIE C. WILDERMAN
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on August 18, 1995.
2. The marriage of plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of service and 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 the Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to a thorities.
DATE: ~, I~ Iff6
DAVID H. WILDERMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO. 95-4437
CIVIL ACTION - LAW
IN DIVORCE
CANDIE C. WILDERMAN
Defendant
WAIVER OF NOTICE OF INTBNTION TO RBQUBST
BNTRY OF A DIVORCE DBCREB UNDER SBCTION
3301(c) OF THE DIVORCE CODB
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
TRUB AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A SECTION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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CANDIB C. WILDERMAN
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DAVID H. WILDERMAN . IN THE COURT OF COMMON PLEAS
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Plaintiff . CUMBERLAND COUNTY, PENNA.
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v. . NO. 95-4437
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CANDIE C. WILDERMAN . CIVIL ACTION - LAW
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Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I, James W. Abraham, Esquire, the undersigned, attorney
for Plaintiff hereto, hereby certify that Complaint in the
above-captioned action, was served upon Defendant on August 23,
1995, by certified mail, as evidenced by the green return
receipt card, from the U.S. Post Office, attached hereto and made
part hereof:
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DATE: 5/29/96
JAMES W. ABRAHAM, ESQ.