Divorce - Berlin (Conner), Wilma L_7/11/2008 (2)� , !i
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STATE�OF INQL�NA
COU�ITY OF GIBSON
IN RE THE i�1ARRIAGE OF
R�IL�L4 L. (CO�INER) BERLN,
Petitioner,
And
WILLIAM O. BERLN
Respondent.
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MAY 1 6 2008
SS: I�1 THE GIBSON SU�PERIO.,� C,O��
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Clark Gibson Supericr Court
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Cause No. 26D01-0709-DR-0060
SETTLEbiE\'T AGREE��IENT AND DECREE OF DISSOLUTION OF �IARRIAGE
The parties havine submitted their Settlement Agreement and the Court having seen and
considered the Verified�Petition for Dissolution of Marriage and Verified �V'aiver oi Final
Hearing submitted by the parties, now approves the followin� agreement:
Thz parties were mazried on 3/18/2000, and sepazated on 09/1�!2007.
2. �Vilma L. (Conner) Berlin has been a continuous resident of Gibson Count�• ior
the last three months, and the State of Indiana for the last six months prior to the
filing of the Verified Petition for Dissolution of Vlarriage.
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Wifma L. (Conner) Berlin is not pregnant.
I`'either party is a member of the military.
There were no children bom of this marriage.
6. The parties have entered into a�rTitten agreement which the partizs intend to bind
them and guide their conduct durin� this provisional period and follo«ing the
grant of the final decree of dissolution. This decree is intended to supplement and
aid in the carryin� out such agreement, not to contradict or limit it.
7. The Verified Pztition for Dissolution of Marriaee and Request for Pro��isional
Orders, previously filed herein, has been pendin� in this Court for more than sixty
(60) days and was properly initiated by submission of the Respondznt to this
Court's jurisdiction, with proof of such being filed herein and made a part of the
record herein.
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8. & The requirements of residecrqe in Gibson County for more than three (3) months
� and t,he State of Indiana for more than six (6) months by at least one of the parties
befor� the filing of this cause has been met.
9. The recitations as to Pendency of Action and Residency, as stated above, aze true,
and this Court has jurisdiction oY the parties and the subject matter of this action.
10. A �Vritten �Vaiver of Final Hearing has been filed in proper form with the Court
signed by both parties; and a written Settlement A�reement made between the
parties has been made in accordance ��ith Indiana Code 31-15-2-17 settling any
contested issues between the parties. Pursuant to Indiana Code 31-1�-2-]3, the
Court, without holding a Final Hearin�, makes the determinations and orders
�vhich follow.
i l. There are no children of this marriage. Based upon the fore�oing, no �child
custody, visitation, or suppoR payment issues need to be inchided in this Decree.
12. The parties a�ree that each party shall be bound by the Antenuptial Agreement
signed by both said parties on February 16; 2000.
li. The parties agree that each shall be solely responsible for any debt in that party's
name and shall indemnifi�, defend, and save the ottizr party from any collection
efforts as to said debt(s). _
13. The parties have agreed that Respondent is the sole owner and debtor as to
property, real and personal, titled in his name in New Mexico, Texas and any
others knowm or unkno�vn to Petitioner.
14. Any debt associated with propeRy situated in a community property jurisdiction is
found hereby to be a separate debt of the spouse who retains ownership of the
associated property. Should any creditor seek to collect from Petitioner on the
grounds that there is alle�ed to be a"community debP' arising from Texas or New
Mexico, Respondent hereby agrees to defend, indemnify, and hold Petitioner
harmless against such claim(s).
l�. The parties have agreed no vehicle division is necessary: Each owns a vehicle in
the party's own name only.
16. The payment for nursing home insurance for Respondent that the Petitioner had
previousfy been paying is a�reed to be the sole responsibilit; of the Respondent at
the rene�val date in March of 2008.
17. The parties already have divided ail remaining items of pzrsonal propeRy.
Respondent has removed his personal property from the home of Petitioner. The
Respondent has promised to retum Petitioner's personal items requested from the
Hazlingen, Texas home to the Petitioner when he retums to Indiana.
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18.y, The parties have agreed th2t the 2007 income taxes have been or wili be filed as
� mai7ied, filing separately.
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The marria�e has suffered an irretrievable breakdown and should be dissolved.
Petitioner shall retum to the use of her former name: Wilma Lois Conner
21. Respondent shall pay Petitionzr Fivz Hundred Dollazs (5�00.00) tow�azd
Petitioner's attomey fees and further shal] reimburse costs and sen�ice fees in the
total sum of One Hundred Forty-Six Dollazs (�1�36.00).
22. The property and debt division should be accepted by the Court because it is the
parties' agreement and neither party has been forced or threatened to accept this
agreement. _
IT IS NOW THEREFORE CONSIDERED, ORDERED, ADJUDGED A\�D DECREED
by the Court that the findin�s of this Court listed hereinabove be, and the same azz, hereby made
the Order of this Court. �
IT IS FURTHER ORDERED bv t6e Court that the
and the terms of their agreement as 5e,t out above s�all ber[
/'L�,��'`�u �
Da e Judge, Gi
marria�e is hereby dissolced
te ' to this Order.
I AFFIRivI iNDER THE PENALTIES FOR PERJURY THAT THE FOREGOI� 1G
REPRESENTATIONS ARE TRUE.
)�,��� �•(.��) /��
�V"ilma L. (Conn B rlin
Distribution to:
Andrew S. �Vard, Esq.
P.O. Box 902
Evansville, I�I 47?06-0902
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�il�iGGli'fI.'/,�'-�' �5�=�
Nilliam 0. Berlin/
Steven L. Whitzhead, Esq.
111 North Hart Street
Princeton, IN 47670
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STATE OF INDIANA
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COUNTY OF GI�SON
IN RE THE MARRIAGE OF
WILMA L. (CONNER) BERLIN,
Petitioner,
And
WILLIAM O. BERLI�I
Respondent.
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SS: IN THE GIBSON SUPERIOR COURT
Cause No. 26D01-0709-DR-Off60
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= MAY 1 £ [UO&
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VERIFIED �VAIVER OF FINAL HEARING �!�'fR C�tsos SL'��: ��+f COli'�
Come now Petitioner pursuant to Ind. Code 31-I-1 I.5-8 and submits his Verified Waiver
of Final Hearing. In suppori of this Waiver, Peti[ioner states that: =
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More than sixty (60) days have elapsed since the filing of Petitioner's Verified Petition
for Dissolution of Marriage;
Petitioner requests the Court to approve the parties' Settlement Agreement and Decree of
Dissolution of Marriage.
Petitioner voluntarily waives [he oppor[unity to have a final hearing on contested issues.
STATE OF INDIANA
COCTNTY OF l) a�h
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� ilma L. (Conner) Berlin
SS:
Before me, �,oe iac�� r,�.a,- , a notarv public in and for �/a,.,,d.�,- �,.a� Countv.
State of �,.�•, �,�,� , personally appeared �Vilma L. (Conner) Berlin, and she being Yirst
duly swom upon her oath, says that the facts alleged in the foregoing instrument aze true.
Dated this /�X day of J�L�. , 2008.
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NOTARY PUBL C
�oe �Y��` �'on�.c�
Printed I`'ame
MY COMMISSION EXPIRES:
Ox.Il7 �2.0�4