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11. In anticipation of her planned marriage
to Pettid, and at Pettid's specific request,
Bartling gave funds to Pettid for business
purposes, including his purchase of his medical
practice and the purchase of certain real estate.
12. Throughout the entire courtship and
until March 12, 1982, Pettid knew that he was
not legally divorced from his first wife, Wilma
Pettid. Pettid knowingly and intentionally
concealed his true marital status from Bartling
throughout their courtship and continued to
conceal until January 14, 1992.
13. On March 12, 1982, Pettid was decreed
divorced from his first wife, Wilma, by the
District Court of Douglas County, Nebraska. The
decree was not effective for six months from
its date. Pettid knowingly and intentionally
concealed this fact from Bartling from the date
of the decree until January 14, 1992.
14. On or about May 5, 1982, Pettid and
Bartling made application to the Douglas County
Clerk for a marriage license. Pettid knowingly
and falsely stated the date of his divorce decree
as February 16, 1981. Bartling made application
for such marriage license in good faith, based on
her reliance on Pettid's affirmative statements
that Pettid was legally capable of entering into
the proposed marriage.
15. On May 8, 1982, knowing himself to be
under a legal prohibition from entering into a
marriage, Pettid arranged a marriage ceremony in
which Pettid and Bartling exchanged marriage vows
in Douglas County, Nebraska * * *.
16. Bartling participated in the
solemnization ceremony and the reception without
knowledge that Pettid's divorce was not final and
without knowledge that Pettid was not legally
capable of entering into a valid marriage.
Bartling accepted Pettid's good faith and
representations concerning his marital status in
entering into and participating in the marriage
ceremony with Pettid, and thereafter relied on
the legitimacy of the marriage ceremony.
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