HomeMy WebLinkAbout06-0545
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MEGAN V. ASPER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.2006- 5'11:/
CIVIL TERM
SCOTT M. ASPER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM 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
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 at the Cumberland County Court House,
Carlisle, Pennsylvania.
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. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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MEGAN V. ASPER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2006- 5"iS
CIVIL TERM
SCOTT M. ASPER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301(c)
AND 3301ld) OF THE DIVORCE CODE
1. Plaintiff is Megan V. Asper, an adult individual who currently resides at
123 Elm Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Scott M. Asper, an adult individual who currently resides at
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i 75 Brookside Lane, Biglerville, Adams County, Pennsylvania 17307.
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II 3. Plaintiff and Defendant have been bona fide residents in the
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I Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on August 21, 2004 in Carlisle,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken,
7. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
Counseling,
8. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Robert L. O'Brien, Esquire
1.0.# 28351
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.s. 94904, relating to unsworn falsification to authorities.
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MEGAN V. ASPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2006 - 545 CIVIL TERM
SCOTT M. ASPER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301(CI OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on January 26, 2006,
2. The marriage of the Plaintiff and 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 in divorce without notice.
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.
5. 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.
6, I have been advised of the availability of marriage counseling and understand
that I may request that the court require counseling. I do not request that the court require
counseling.
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.SA Section 4904
relating to unsworn falsification to authorities.
Date: May {O, 2006
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ay of F~ I , 2006, by and
between Scott M. Asper, hereinafter called Husband, and Megan V. Asper, hereinafter
called Wife;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August21, 2004 in
Carlisle, Cumberland County, Pennsylvania.
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they have determined to live separate and apart from each other
and have consented to a mutual consent divorce; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations, including the settling of their property rights and other rights and obligations
growing out of their marriage in accordance with the provisions of the Divorce Code of
Pennsylvania.
NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as
follows:
1. Separation. It shall be lawful for each party at all times hereafter to live
separate and apart from the other at such place as he or she may from time to time
choose or deem fit. The foregoing provision shall not be taken as admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to them living
1
apart. Each party shall be free from interference, authority and control, direct or
indirect, by the other as fully as if he or she were single and unmarried. Neither shall
molest the other or compel or endeavor to compel the other to cohabit or dwell with him
or her.
2. Division of Property. The parties have divided between them, the personal
effects, tools, equipment, household furniture and furnishings, and other articles of
personal property which have heretofore been used by them, individually or in common.
Husband agrees to pay Wife the sum of $2,357.50 within one year of the date of this
agreement to compensate for the difference in value of the belongings he has received.
Each party shall retain his/her pension/retirement accounts and they agree that
they will each sign any documentation reasonably requested to release and extinguish
any interest that they may have in the other's accounts(s).
3. Alimony and SDousal SUDDort. Neither party will pay alimony and/or spousal
support to the other.
4. Debts. The parties have a joint debt that is being contested by Lowes in
a joint bankruptcy that they have filed. Husband agrees to pay the debt and associated
attorney fees and to indemnify and hold wife harmless on this obligation, to the extent
the parties do not receive a discharge in their bankruptcy filing. Except for the debts
and obligations created hereunder, each party agrees to pay and hereby agrees to hold
the other harmless from any and all personal debts and obligations incurred by him or
her subsequent to the date of separation which occurred on September 17, 2005. If
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any claim, action or proceeding is hereafter brought seeking to hold the other party
liable on account of such debts or obligations, each party will at his or her sole expense
defend the other party against any such claim, action or proceedings, whether or not
well-founded, and indemnify the other party against any loss or liability resulting
therefrom.
5. Equitable Property. This Agreement constitutes an equitable .division of the
parties' marital property. The parties have determined that the division of this property
conforms with regard to the rights of each party. The division of existing marital
property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effectuated without the introduction of outside funds or
other property not constituting the matrimonial estate.
Each party hereby acknowledges that this Agreement adequately provides for his
or her needs and is in his or her best interest, and that the agreement is not the result
of any fraud or undue influence exercised by either party upon the other or by any other
person or persons upon either party. Both parties hereby waive the following
procedural rights:
A. The right to obtain an inventory and appraisement of all marital and
separate property as defined by the Pennsylvania Divorce Code.
B. The right to obtain an income and expense statement of the other
party as provided by the Pennsylvania Divorce Code.
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C. The right to have the court determine which property is marital and
which in non-marital, and equitably distribute between the parties that property which
the court determines to be marital.
D. The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this Agreement, including but not limited to
possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary
alimony), and counsel fees, costs and expenses.
6. Mutual Release. Husband relinquishes his inchoate intestate right in the
estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of
Husband, and each of the parties hereto by these presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise, release, quit-claim and
forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of
action or suits at law or in equity, of whatsoever kind or nature, for or because of any
matter or thing done, admitted, or suffered to be done by said other party prior to and
including the date hereof; further, the parties hereto have been advised by their legal
representatives, respectively, of all their rights under the Pennsylvania Divorce Code,
and such rights as are not specifically incorporated herein are hereby expressly waived.
Notwithstanding the foregoing language of this paragraph, this release shall in no way
exonerate or discharge either party hereto from the obligations and promises made and
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imposed by reason of this Agreement and shall in no way affect any cause of action in
absolute divorce which either party may have against the other.
7. Release of All Claims. Each party, except as otherwise provided for in this
Agreement, releases the other from all claims, liabilities, debts, obligations, actions and
causes of action of every kind that have been incurred, or may be incurred, relating to
or arising from the marriage between the parties, including waiving any.claim to their
respective pensions or retirement accounts. However, neither party is relieved or
discharged from any obligations under this Agreement or under any instrument or
document executed pursuant to this Agreement.
8. Breach. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach,
and seek any other remedy allowed in law or equity. The party breaching this contract
shall be responsible for the payment of legal fees and costs incurred by the other in
enforcing his or her rights under this Agreement, or seeking such other remedy or relief
as may be available to him or her. Waiver by one party of any breach of this
Agreement by the other party shall not be deemed a waiver of any subsequent, similar
breach or other breaches.
9. Full Disclosure. Husband and Wife each represent and warrant to the other
that he or she has made a full and complete disclosure to the other of all assets of any
nature whatsoever in which such party has an interest, of the source and amount of the
5
income of such party of every type whatsoever and all other facts relating to the subject
matter of this Agreement.
10. Divorce. This Agreement shall not be construed to affect or bar the right of
either Husband or Wife to a true and absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. It is understood, however, that Wife, as of the
signing of this Agreement, has filed an action in divorce in the Court of Common Pleas
of Cumberland County, in which she alleges that the marriage is irretrievably broken.
Both parties understand and agree that Wife shall pursue said divorce on the grounds
that the marriage is irretrievably broken, and that both parties will execute, deliver and
file the necessary affidavits and all other petitions or documents necessary to effectuate
the divorce pursuant to Section 3301 C of the Divorce Code. Husband agrees that the
marriage is irretrievably broken.
11. Representation of Parties bv Counsel. Each party has had the opportunity
to have legal counsel to represent each of them in the negotiation and preparation of
this Agreement and has either been so represented or has voluntarily chosen not to be
represented. Each party has carefully read this Agreement and is completely aware,
not only of its contents, but also of its legal effect.
12. Additional Instruments. Each of the parties shall on demand or within a
reasonable period thereafter, execute and deliver any and all other documents and do
or cause to be done any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If either party fails on
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demand to comply with the provision, that party shall pay to the other all attorneys' fees,
costs and other expenses reasonably incurred as a result of such failure.
13. Modification and Waiver. Modification or waiver of any provision of this
Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall not be construed as a w.aiver of any
subsequent default of the same or similar nature.
14. DescriDtive 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.
15. Successors and Assigns. This Agreement, except as otherwise expressly
provided herein, shall be binding upon and shall inure to the benefit of the respective
legatees, devisees, heirs, executors, administrators, assignees and successors in
interest to the parties.
16. Governing Law. This Agreement shall be governed by and shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
17. Order of Court. With the approval of any court of competent jurisdiction in
which any divorce proceeding may now be pending or which may hereafter be
instituted, this Agreement shall be incorporated in any decree of absolute divorce which
may be passed by said court. In the event the court shall fail or decline to incorporate
this agreement or any provisions thereof in said decree, then and in that event the
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parties, for themselves and their respective heirs, personal representatives and
assigns, agree that they will nevertheless abide by and carry out all of the provisions
thereof.
It is further agreed that regardless of whether said agreement or any part thereof
is incorporated in any such decree, the same shall not be merged in said decree, but
said agreement and all the terms thereof shall continue to be binding upon the parties
and their respective heirs, personal representatives and assigns.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties
hereto have hereunto set their hands and seals the day and year first above written.
WITNESS:
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COMMONWEALTH OF Pennsylvania :
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COUNTY OF ~d :
AND NOW, this ~day of ~~ ,2006, before me, the
undersigned officer, personally appeared Scott M. Asper, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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COMMONWEALTH OF Pennsylvania
55.
COUNTY OF Cumberland
AND NOW, this 'L'1fyJ.day of Ma_rc/l1 , 2006, before me, the
undersigned officer, personally appeared Megan V. Asper, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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COMMONWEALT,~ ,'E,NNSYLVANIA
Nota,'".. -,,,oal
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CarlIsle Boro, (, . ")berland County
M Commission t.xpiresA r. 17,2006
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MARITAL SETTLEMENT AGREEMENT ADDENDUM
In accordance to paragraph 13 of the Marital Settlement Agreement executed February 9,
2006 by and between Scott M. Asper, hereinafter called Husband and Megan V. Asper,
hereinafter called Wife, the following amendments are made.
1. Wife agrees to cooperate in the sale of the couple's marital residence by signing whatever
waivers and relinquishments of rights are needed. The signatures shall be given in a timely
manner so as not to interfere with settlement. In exchange for this cooperation, Husband agrees
to pay to Wife the sum of $2607.50 which is the amount due pursuant to paragraph 2 of the
original agreement plus an additional $250.00 for a freezer and drill. This payment will be made
within 5 business days of the date of disbursement of proceeds to Husband. Settlement is
presently scheduled for March 30, 2006.
2. Husband also agrees that if the bankruptcy attorney referred to in paragraph 4 of the original
agreement determines that the Lowe's debt is not dischargeable, he will pay this debt in full
within 10 business days of notification.
3. Husband's new address is 519 Bull Valley Road, Aspers, PA 17304
This amendment is being executed by the parties to further delineate the party's
responsibilities as stated in the original agreement. It is in no way to be construed as a
renegotiation but only a procedural vehicle to more quickly place the parties in their negotiated
position.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
hereunto set their hands and seals the day and year first above written.
WITNESS:
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ADAMS
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On the /}f:)- day of ann , r-9onl A , before me, the undersigned officer,
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personally appeared Scott M. Asper, known to me (or satisfactorily proven) to be the person
whose name IS subscribed to the within instrument, and acknowledged he/she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAL
NANCY I. ASPER, NOTARY PUBLIC
CllY OF BIGLERVILLE, ADAMS COUNlY
MY COMMISSION EXPIRES OCl 9, 2006
My Commission Expires: ItJ!o/tJft;J
COMMONWEALTH OF PENNSYL VANIA
SS.
COUNTY OF CUMBERLAND
On the 2..?1Jt day of 'MClfcVl , dOOfa, before me, the undersigned officer,
personally appeared Megan V. Asper, known to me (or satisfactorily proven) to be the person
whose name IS subscribed to the within instrument, and acknowledged he/she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
My Commission Expires:
,COMMONWEALTH OF PENNSYLVANIA
Notarial Seal I
2ml~ldaBL. Fisher, Notary Public
ar IS e, oTo, Cumberland Coun
My CommIssIon Expires Apr. 17, 2~06
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MEGAN V. ASPER,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006 - 545 CIVIL TERM
SCOTT M. ASPER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on
January 26, 2006.
2. Defendant acknowledges receipt and accepted service of the Complaint on
February 9, 2006.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. i have been advised of the availability of marriage counseling and understand
that I may request that the court require counseling. I do not request that the court require
counseling.
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
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006 - 545 CIVIL TERM
MEGAN V. ASPER,
Plaintiff
SCOTT M. ASPER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this ~ dayof 1f'6.
,2006, I, Scott M. Asper, Defendant
above, hereby accept service of the Complaint filed in the above case pursuant to Pa.
R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006 - 545 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
MEGAN V. ASPER,
Plaintiff
SCOTT M. ASPER,
Defendant
PRAECIPE TO TRANSMIT RECORD
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TO THE PROTHONOTARY:
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Transmit the record, together with the following information, to the cdar!!for ~try~~-~
divorce decree: ~ <)"1 ~
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1. Ground for divorce: irretrievable breakdown under Section 3301 (c) and 3301 (d) of
the Divorce Code.
2. Date and manner of service of the Complaint: The Defendant signed an Acceptance
of Service on February 9,2006.
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 on May 10, 2006; and Defendant on May 15, 2006.
B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d)
of the Divorce Code: n/a
(2) date of service of the Plaintiffs Affidavit upon the Defendant: n/a
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce
Code: None.
Respectfully submitted,
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Robert L. O'Brien, Esquire
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006 - 545 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
MEGAN V. ASPER.
Plaintiff
SCOTT M. ASPER,
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter,
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prior to the entry of a Final Decree In Divorce
or
after the entry of a Final Decree In Divorce dated
hereby elects to resume the prior surname of Megan Victoria Boyne, and gives this
written notice avowing her intention pursuant to the provisions of 54 P.S, 704.
Date: 5/ OJ /olo
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COMMONWEALTH OF PENNSYLVANIA
SS,
COUNTY OF CUMBERLAND
On the J.o.a:lday of MnY ,2006, before me, the Prothonotary or a notary
public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged she executed the
foregoing for the purpose therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Amanda L Fisher, Notary Public
Carlisle Bore, Cumberland County
My Commi~ion Expires Apf. 17, 2010
Member. Pennsylvania Association of No!ariss
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
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PENNA.
STATE OF
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MF.CD\N V _ ASPF.'R.
No,
2006-545
CIVIL
PLAINTIFF
VERSUS
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DECREE IN
DIVORCE
AND NOW,
M?l 3.( , ZOC>b,ITISORDEREDAND
DECREED THAT
MEGAN V. ASPER , PLAINTIFF,
AND
SCOTT M. ASPER , 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;
~he parties Marital Settlement Aqreement dated February 9, 2006
is incoroorated but not merqed herein as a final Order of Court.
ATTES
PROTHONOTARY
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