HomeMy WebLinkAbout89-2204
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
ANGELA M. SCOTT,
Plaintiff
Versus
JOHN __ F .- SCOTT,
- - -- - ------D-efendant. -- --- -- ----- --
N~~• ,2204 ............ .Civil.., 19 89
DECREE IN
DIVORCE
AND NOW, ......... ~''?~: sh ... ~ 3. ~`.. , 19.9? . it is ordered and
d@Creed that ...ANGELA,M., SCOTT,,,,,,,,,,,,,,,,,,•,,,,,,,,, plaintiff,
and • ............JOHN .F_..SCOTT ..........................:. . defendant,
are divorced from the bonds of matrimony. The terms of the
Marriage Settlement Agreement entered into by the parties on
Febru Tie court retains juisc~ic#~'on o~~he~o~l~owing claims which have
been raised of record in this action for which a final order has not yet
been entered;
By T e ourt: / ~~
•
Attest: J.
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- - --.- ...-- ------ - - -- --- 1/
Prothonotary ~
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POSTNUPTIAL AGREEMENT
Made and concluded this .~d~ day of u`L~,~,, ~~ ,
1990, by and between John F. Scott, (hereinafter referred to
as HUSBAND).
-AND-
Angela M. Scott, (hereinafter referred to as WIFE).
WITNESSETH:
WHEREAS, unfortunate and irreconcilable differences
have arisen between the parties by reason of which continued
cohabitation as husband and wife has been rendered
impossible; and
WHEREAS, the parties have made full disclosure to each
other of their assets and liabilities, and have agreed on a
settlement of all property rights and differences existing
between them; and
II
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WHEREAS, it is the desire of the parties, after long
and careful consideration, to amicably adjust, compromise
and settle all property rights and all rights in, to or
against each other's property or estate, including property
heretofore or subsequently acquired by either party, and to
settle all disputes existing between them, including any and
all claims for WIFE'S and/or HUSBAND'S maintenance and/or
for spouse support, alimony pendente lite, alimony, counsel
fees and expenses, and equitable distribution; and
WHEREAS, the parties intend this Agreement to be a full
and complete Postnuptial Agreement, providing for the
absolute and final settlement of all their respective
marital and property rights and claims for spouse support,
alimony pendente lite, alimony, counsel fees and expenses,
and equitable distribution of marital property.
NOW THEREFORE, for and in consideration of the mutual
benefits to be derived by the parties and intending to be
legally bound hereby, the parties hereby covenant and agree
as follows:
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1. PERSONAL PROPERTY: HUSBAND warrants and
represents to WIFE, and WIFE warrants and represents to
HUSBAND, that they have effected a fair and equitable
division of all marital property of the parties, and that
any and all marital property, except as expressly provided
herein, presently in possession or under the control of WIFE
shall be the property solely of WIFE, and that any and all
marital property, except as expressly provided herein,
presently in possession or under the control of HUSBAND
shall be the property solely of HUSBAND.
WIFE shall have sole rights of possession, title and
ownership to the following personal property and HUSBAND
does hereby waive and relinquish any and all right he has or
may have to claim any interest or share in said following
personal property:
HUSBAND shall have sole rights of possession, title and
ownership to the following personal property and WIFE does
hereby waive and relinquish any and all right she has or may
have to claim any interest or share in said following
personal property:
A. Computer
B. Portable Televisition Set
C. TV Trays
D. 1989 Toyota Truck
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Neither party shall make any claim to any items of
marital property, or of the separate personal property of
either party, which are awarded to the other pursuant to the
provisions of this Agreement or which are now in the
possession and/or under the control of the other. Should it
become necessary, the parties each agree to sign, upon
request, any titles or documents necessary to give effect to
this paragraph. Property shall be deemed to be in the
possession or under the control of either party if, in the
case of tangible personal property, the item is physically
in the possession or control of the party at the time of the
signing of this Agreement, and in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or
certificate of insurance or other similar writing is in the
possession or control of the party.
WIFE hereby agrees to give HUSBAND Limited Power of
Attorney to execute all documents on her behalf concerning
said truck.
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HUSBAND and WIFE do hereby waive and forever release
any interest or right either may have to make any claim
against or to assert any interest or right to or in any
retirement plan, pension plan, profit sharing plan, or other
employee benefits of any nature or type earned or provided
to the other.
2. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE
represent and warrant to each other that except as provided
herein, neither one has contracted since separation or will
in the future contract any debts, charges or liabilities
whatsoever for which the other party or their property or
their estates shall or may be or become liable or
responsible, and they covenant that they will at all times
keep each other free, harmless and indemnified against and
from any and all debts and liabilities heretofore or
hereafter contracted or incurred by the other, except as
expressly provided in this Agreement.
HUSBAND agrees to timely pay and be solely responsible
for, and to indemnify and hold harmless WIFE from liability
on, the following debts:
A. ITT Computer Loan
B. Loan for purchase of 1989 Toyota truck
5
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3. WAIVER OF RIGHTS AND MUTUAL RELEASE: The parties
hereto have been informed of their rights by their
respective counsel under and pursuant to the Divorce Code,
Act of April 2, 1980, Number 1980-26, particularly the
provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses.
Both parties agree that this Agreement shall conclusively
provide for the distribution of property under the said law
and hereby waive, release and relinquish any further rights
they may respectively have against the other for alimony,
alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. From the date hereof,
each party may acquire either personal or real property in
their own name. Any property so acquired shall be owned
solely by that party and shall not be subject to any claim
whatsoever by the other party.
Subject to the provisions of this Agreement, each party
has released, 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 cause of
actions, claims, rights or demands whatsoever, in law or
equity, which either of the parties ever had, now have, or
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can have at any time against the other, specifically
including rights or claims to spouse support, alimony,
alimony pendente lite, counsel fees and expenses, and
equitable distribution of marital property, except for any
cause of action for divorce from the bonds of matrimony and
any cause of action for breach of any provisions of this
Agreement.
The parties hereto expressly relinquish and waive any
and all rights that they may have now or in the future to
claim and/or obtain spouse support, alimony pendente lite,
alimony, counsel fees and expenses or equitable distribution
of property.
This Agreement is not intended to be nor shall it be
construed or deemed to be a release or waiver of any right
WIFE or HUSBAND may have to claim, assert or obtain social
security benefits to which either may be entitled by virtue
of the marriage relationship between HUSBAND and WIFE.
4. ESTATE RELEASE: Except as herein otherwise
provided, each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any
and all rights he or she may now have or hereafter acquire,
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under the present or future laws of any jurisdiction, to
share in the property or the estate of the other as a result
of the marital relationship, including without limitation,
dower, courtesy, statutory allowance, widow's allowance,
right to take property under equitable distribution, right
to take in intestacy, right to take against the will of the
other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other,
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests,
rights and claims.
5. AFTER ACQUIRED PERSONAL PROPERTY: Each of the
parties shall hereafter own and enjoy, independently of any
claims or right of the other, all items of real and personal
property, tangible or intangible, hereafter acquired by him
or her, 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.
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6. REPRESENTATIONS AND WARRP,NTIES: The parties
acknowledge that they have been advised by their respective
counsel of their right to require the filing of financial
disclosure statements by the other prior to the entering
into this Agreement, and being so advised the parties
acknowledge that they have waived their right to request
such financial disclosure. However, each of the parties
hereby warrant and represent to the other that at the time
of separation, they had no right, title and interest in any
real or personal property with a fair market value in excess
of Seven Hundred Fifty Dollars ($750.00) except for their
motor vehicles, the computer and jewelery.
7. SEPARATION: It shall be lawful for each party at
all times hereafter to live separate and apart from the
other party at such place or places as he or she may from
time to time choose or determine fit.
8. NO INTERFERENCE: Each party shall be free from
interference, authority and control, direct and indirect, by
the other as fully as if he or she were single and
unmarried. Neither shall molest the other, compel, or
endeavor to compel, the other to cohabit or dwell with him
9
or her, or to interfere with friendships, society or
acquaintances which either of the parties hereto may choose
or have from this day forward.
9. DOCUMENTS: Each party shall, at the request of
the other, execute, acknowledge and deliver to the other
party any documents which may be reasonably necessary to
give full force and effect to this Agreement.
10. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right
of WIFE or HUSBAND to a divorce on lawful grounds as 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 have
occurred prior to or 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 201(c) of the
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Divorce Code of 1980. The parties agree to sign all
necessary documents, including Affidavits of Consent, to
secure said no-fault divorce.
11. ABSOLUTE AND FINAL SETTLEMENT: The provisions of
this Agreement are intended to consider, determine, and
distribute all of the assets of the parties hereto as part
of the terms of this Postnuptial Agreement. This Agreement
is intended by the parties hereto to be a valid Postnuptial
Agreement, providing for the absolute and final settlement
of their respective property rights and all obligations of
spouse support. This Agreement is not intended to be a mere
Separation Agreement. This Agreement contains the entire
understanding of the parties, and there are no
representations, warranties, covenants or promises other
than those expressly set forth in this Agreement.
12. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT:
Each party acknowledges that this Agreement has been entered
into of his or her own volition, (with full knowledge of the
facts and full information as to the legal rights,
liabilities and the assets of the other), and that each
11
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believes the Agreement to be reasonable under the
circumstances and not the result of any duress or undue
influence.
13. MODIFICATION AND WAIVER: Neither this Agreement
nor any provision thereof shall be amended or modified or
deemed amended or modified, except by an agreement in
writing duly subscribed and acknowledged with the same
formality as this Agreement. Any waiver by either party of
any provision of this Agreement, or any right or option
hereunder shall not be deemed a continuing waiver, and shall
not prevent or estop such party from thereafter enforcing
such provision, right or option, and the failure of either
party to insist in any one or more instances upon the strict
performance of any of the terms or provisions of this
Agreement by the other party shall not be construed as a
waiver or relinquishment for the future of any such term or
provision, but the same shall continue in full force and
effect.
14. SITUS: This Agreement shall be construed and
governed in accordance with the laws of the Commonwealth of
Pennsylvania.
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15. INDEPENDENT SEPARATE COVENANTS: It is
specifically understood and agreed by and between the
parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
If any term, condition, clause or provision 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.
16. DESCRIPTIVE HEADINGS: The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
17. SURVIVAL OF THIS AGREEMENT: It is the intention
of the parties that this Agreement shall survive any action
for divorce which may be instituted or prosecuted by either
party and no Order, judgment or decree of divorce
(temporary, interlocutory, final or permanent) shall affect
or modify the financial terms of this Agreement.
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18. BREACH: If either party breaches any provision of
this Agreement, (excluding however, provisions or terms
relating to child custody or child support) the other party
shall have the right, at his or her election, to sue for
damages for such breach, or seek such other legal or
equitable remedies or relief as may be available to him or
her; and the party breaching this contract hereby agrees to
be responsible for payment of all attorney's fees, legal
costs and expenses incurred by the other in enforcing their
rights under this Agreement.
19. BINDING EFFECT: Each of the parties hereto
intends to be legally bound hereby, and this Agreement shall
be binding upon their heirs, personal representatives and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and date first written, each
adopting the seal following his or her signature as his or
her own.
~_~~~ ~
F. Scott, HUSBAND
ng a M. Scott, WIFE
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
befo
pers
satis
subsc
ackno
there
seal.
On this, the ~_ day of -~,+v~~ 1990,
re me, a Notary Public,
onally appeared John F.
factorily proven) to be
ribed to the foregoing
wledged that he executed
in contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
Notary Pu lic G
Notarial Seal
Blanche A. roper-Roily, Notary Pubic
Hatrisbu'y, (}2iuplun Gourdy
My Commission expires Nov. 8,1993
'a
the under ign d officer,
Scott, known to me (or
the person whose name is
Postnuptial Agreement and
the same for the purposes
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1 •
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this, the ~_ da!
before me, a Notary Public,
personally appeared Angela M.
satisfactorily proven) to be
subscribed to the foregoing
acknowledged that she executed
therein contained.
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~ of
the undersigned
Scott, known to
the person whose
Postnuptial Agree?
the same for the
_, 1990,
officer,
me (or
name is
nent and
purposes
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
4Z-
Notary ublic
Notarial Seal ~ '
Kathy S. McKean, Notary Public
lower Paxton T,vp., Dauphin County
h4y Cammissbn Expires June 21,1993
16
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ANGELA M. SCOTT,
Plaintiff
v.
JOHN F. SCOTT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0. 2204 CIVIL 1989
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together witi- the following information, to the Court
for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 201(c) or
Section 201(d)(1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the complaint.: June 26, 1989 by
certified mail, restricted delivery
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit of Consent required by Section
201(c) of the Divorce Code: by the Plaintiff February 22, 1990 ;
by the Defendant February 12, 1990
(b)(1) Date of execution of the Plaintiff's Affidavit required by
Section 201(d) of the Divorce Code:
(b)(2} Date of service of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: Nnr~r~
f
torney for lain i f
ttorney for Defen~l°ant ~~
Yom.,
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ANGELA M. SCOTT,
Plaintiff
v.
JOHN F. SCOTT,
Defendant
1 ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACT/I/ON - LAW
NO. ~oZn`~ ~~~ ~`f tY~J
IN DIVORCE
NOTICE TO DEFEND AND GLAI1rI 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 f or 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 in available in the
office of the Prothonotary, at Cumberland County Courthouse,
Carlisle, PA 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 THI S 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, THIRD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717 )~-x=43 ~~~ ; C ~ O d
NOTICIA
Le han demandado a usted en la Corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la torte en
forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la Corte tomara medidas y puede entrar una Orden contra usted sin
previo aviso o notification y por cualquier queja o alivio que es
pedido en la petition do demanda. Usted puede perder dinero 0
sus propiedades o otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
COURT ADMINISTRATOR, THIRD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 249-1133
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ANGELA M. SCOTT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2204 CIVIL 1989
JOHN F. SCOTT, .
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201(c) of the
Divorce Code was filed on June 20, 1989.
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.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property, counsel fees, or expenses has
not been filed with the Court before the entry of a final decree
in divorce, the right to claim any of them will be lost.
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.A. Section 4904 relating to
unsworn falsification to authorities.
Date : ~~Y-~ ~~ ~ ~~~
B y : ,lt- ~~
A ge M. Scott, Plaintiff
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ANGELA M. SCOTT,
Plaintiff
v.
JOHN F. SCOTT,
Defendant
. ,
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IN THE COURT OF COMMON PLEAS
: C[A~EI.'LAND COUNTY, PENNSYLVANIA
NO. 220? CIVIL 1989
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201(c) of the
Divorce Code was filed on June 20, 1989 ,
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from
the date of filing the Complaint.
3• I consent to the entry of a Final Decree of
Divorce.
4. 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.
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.A. Section
4904 relating to unsworn falsification to authorities.
Date : L~
Jo Scott
Sworn to and subscribed
before me this ~o~ day
of ~~ , 1990.
~1T ---- r r .. _ 1.
Blazx~ie A Loper-R~h, NoEary pti~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
AFFIDAVIT OF SERVICE
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Kathleen Carey Daley, Esquire, being duly sworn according to
law, deposes and says that she is an attorney at law duly
authorized to practice in the Commonwealth of Pennsylvania, and
that on the 26th day of June, 1989, she did serve upon John F.
Scott, the Defendant in the foregoing case, a true and correct
copy of the Complaint in Divorce by sending to him, by certified
mail, restricted delivery to 60-R Winter Lane, Enola, PA 17025.
The receipt for said Complaint is attached.
Said copy of the Complaint was duly endorsed with notice to
Defendant to appear and answer within twenty (20) days from the
date of service or the matter would proceed without him.
Sworn tc~-and subscribed
be€ore me- this `~~ day
~_-y~
of l! :XJ'c~'!l , 199p
~~ -~ ~: j
Notaral Seal
Kathyy S. McKean, Notary Public
Lower Paa4on Twp., dauphin County
My Commission Expires June 21, 1 ~J93
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By: / ,.
K thleen Carey a ey, Es
A~torney No. 30
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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ANGELA M. SCOTT,
Plaintiff
v.
JOHN F. SCOTT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2204 CIVIL 1989
IN DIVORCE
ELECTION TO RETAKE MAIDEN NAME
Notice is hereby given that the Plaintiff, in the above
matter, having been granted a Final Decree in Divorce on the 13th
day of March, 1990, hereby elected to retake and hereafter use
her maiden name of Pompei, and gives this written notice avowing
her intention in accordance with the provision of the Divorce
Code, 23 P.S. 702.
Date: ~~~-1 > ,:~ ,~f. i"~'%~%i _.~ ~~~
{ ANGEL M. SCOTT
TO BE KNOWN AS:
~ ~ -~
~ZC ~ ~ jam.
~NGEL M. POMPEI
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
AFFIDAVIT
On the ~~ day of _~ ,, ~ , 1990, before
me, a Notary Public, personally appeared Angela M. Scott, known
to me to be the person whose name is subscribed to the within
document and acknowledged that she executed the foregoing for the
purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
~~. ~
Notarial Seal
Kathyy S. McKean, Notary Public
Lower Paxton Twp., Dauphin County
MY Commission Expires June 21,1993
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