HomeMy WebLinkAbout00-03471
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
LEE A. AUGUSTINE, JR.,
Plaintiff
No. 2000-3471 CIVIL TERM
CIVIL ACTION - LAW
VERSUS
DIANNA L. AUGUSTINE,
IN DIVORCE
Defendant
DECREE IN
DIVORCE
AND NOW,
.T~Ill\Jb\-ll
LEE A. AUGUSTINE, JR.
, PLAINTIFF,
, 2.00 I , IT IS ORDERED AND
DECREED THAT
AND
DIANNA L. AUGUSTINE
, 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 Marriage Settlement Agreement dated October 10, 2000, and signed by
the parties is incorporated into this Decree, but not merged.
By THE,;(l~
ATTE T:
ROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this \()~
day of Mc~wr , 2000, by and
between DIANNA L. AUGUSTINE (hereinafter referred to as "WIFE") and LEE A.
AUGUSTINE, JR. (hereinafter referred to as "HUSBAND").
WITNESSETH:
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WHEREAS, HUSBAND and WIFE were lawfully married on July>l{l;
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separated on or about May, 1998, and
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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; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as follows:
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1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties ofthe parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be [mal and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, injure, threaten or interfere with the other party in any matter whatsoever. Each
party may carry on and engage in any employment, profession, business or other activity as he or
she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the
uses, ownership, enjoyment or disposition of any property now owned and not specified herein
or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
Page 2
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The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(1) is represented by counsel, (Mark D. Schwartz, Esquire for HUSBAND) of his
or her own choosing; or if not represented by counsel, understands that he or she
has the right to counsel; WIFE chooses not to be represented by counsel, and by
initialing this page acknowledges her right to be represented by counsel;
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(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making ofthis Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as ofthe date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
Page 3
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assIgns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due 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 effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to
the other of all of his or her property interests of any nature, including any mortgage, pledge,
lien, charge, security interest, encumbrance, ouestriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent ofthe other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The
parties also waive any right they have to receive alimony or alimony pendente lite payments
from the other following the entry of the Divorce Decree in this matter.
Page 4
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PERSONAL PROPERTY: The parties hereby agree that all personal property acquired
during the marriage has been equitably divided between the parties to their mutual satisfaction
and agreement, excepting however, the guns, tools and household furnishings. HUSBAND shall
acquire the guns and tools. HUSBAND and WIFE shall divide the household furnishings to the
mutual satisfaction of both parties.
The WIFE hereby waives all right and title and interest which she may have in any
personal property herein designated as HUSBAND'S. HUSBAND likewise waives any right,
title and interest which he has in the personal property designated as WIFE'S. Henceforth, each
of the parties shall own, have and enjoy independently of any claim or right of the other party, all
items of personal property of every kind, nature and description and wherever situated, which are
then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full
power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects
and for all purposes as if he or she were unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
Further, WIFE does hereby release, waive and forever discharge HUSBAND from any
and all claims she has now, ever may have or can at any time have against HUSBAND or his
estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of
HUSBAND, arising by way of widower's right or under the intestate Law arising by any right to
take against the HUSBAND'S will.
HUSBAND does hereby release, waive and forever discharge WIFE from any and all
claims he has now, ever may have or can at any time have against the WIFE or her estate or any
part thereof, whether arising out of formal contracts, engagements or liabilities of WIFE, arising
Page 5
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by way of widower's right or under the intestate Law arising by any right to take against the
WIFE'S will.
9.
AUTOMOBILES: The parties hereby agree that WIFE shall retain any automobiles
which are currently in her possession. HUSBAND hereby waives all right, title and interest in
the automobiles which are currently in possession of WIFE. WIFE shall hold HUSBAND
harmless for any and all liability associated with the use and purchase of the car and any vehicle
she may now or in the future own, and shall be solely responsible for all insurance and other
financial responsibility associated with said vehicle. The parties hereby agree that HUSBAND
shall retain the automobiles which are currently in his possession. WIFE hereby waives all right,
title and interest in the automobiles which are currently in possession of HUSBAND.
HUSBAND shall hold WIFE harmless for any and all liability associated with the use and
purchase of the car and any vehicle she may now or in the future own, and shall be solely
responsible for all insurance and other fmancial responsibility associated with said vehicle.
10.
MARITAL DEBTS:: Each party will be responsible for their own debt incurred
after the date of separation.
It is mutually agreed by and between the parties that WIFE shall assume all liability for
and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any debt or liability for which HUSBAND or his
Page 6
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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 HUSBAND
harmless from any and all claims or demands made against him by reason of debts or obligations
incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation 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 WIFE harmless from any and all claims or demands made against her by reason of
debts or obligations incurred by him.
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II.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits.
HUSBAND agrees to take any and all action necessary and to cooperate in the removal
of his name as a beneficiary or owner from any and all pension, profit sharing or other retirement
accounts which WIFE may currently possess. Similarly, WIFE agrees to take any and all action
Page 7
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necessary and to cooperate in the removal of her name as a beneficiary or owner from any and all
pension, profit sharing or other retirement accounts which HUSBAND may currently possess.
12.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and
interest which he may have in the savings or checking or any other bank accounts of WIFE not
otherwise provided for herein. HUSBAND agrees to cooperate in closing or removing WIFE'S
name from any and all joint accounts held and any financial institution. Similarly, WIFE agrees
to cooperate in closing or removing HUSBAND'S name from any and all joint accounts held and
any financial institution.
13.
DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
14.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
Page 8
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ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
16.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a [mal
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shaH continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
Page 9
17.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
18.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
19.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
20.
PAYMENT OF COSTS: Each party shall be responsible for their own attorney's fees
and costs incurred in the settlement of the divorce and economic issues surrounding this divorce.
21.
WAIVER OF CLAIMS AGAINST ESTATES: 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, 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, curtesy, statutory allowance, widow's
allowance, 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,
Page 10
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquislunent of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year fIrst above written.
WITNESSES:
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DIANNA L. AUGUS NE
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LEE A. AUG INE, JR.
Page 11
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~O ""'day of}>((~b'f1 ,2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and Connty of Cumberland,
DIANNA L. AUGUSTINE, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have herennto set my hand and official seal.
SS:
Notarial Seali
Martha L. Noel, Notary Public I"
Carlisle Boro, Cumbe~and Cou
My Commission Expires Sept. la,~03
Member, Pennsylvania Association of Nm~H~aa
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
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PERSONALLY APPEARED BEFORE ME, this ,0 day of d-.!""-, 2000,
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a Notary PublIc, III and for the CElIUll'lvH"""lth U !'''Illl.ylv<Ullll and Cellffiy sf Berk3, LEE A.
AUGUSTINE, JR., known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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LEE A. AUGUSTINE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- 3Y7{ CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
NOTICE
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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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AMERICANS WITH DISABILITffiS
ACT OF 1990
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The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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LEE A, AUGUSTINE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- 397/ CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Lee A. Augustine, Jr., by his attorney, Mark D. Schwartz,
Esquire, and files this complaint in divorce against the defendant, Dianna L. Augustine,
representing as follows:
1. The plaintiff is Lee A. Augustine, Jr., an adult individual residing at 1027 Bellinger
Boulevard, Norfolk, Virginia 23511.
2. The defendant is Dianna L. Augustine, an adult individual residing at 35 North Earl
Street, Shippensburg, Pennsylvania 17257.
3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing ohhis action in divorce.
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4. The plaintiff and the defendant were married on July 16, 1995 in Winchester, Virginia,
and separated in May 1998.
5. There have been no prior actions of divorce or for annulment between the parties.
6. There was one (1) child born to this marriage; namely Kristin L. Augustine, born
January 7, 1995, age five (5) years.
7. Pursuantto the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
8. The plaintiff avers that he has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
By:
IRWIN, McKNIGHT & HUGHES
~(A"<<~'1
Mark D. Schwartz, Esquire
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 70216
Date: June 7, 2000
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
L~~
LEE A. AUGUSTINE, JR.
Date:
June 7th
,2000
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
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. Ground for Divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Dianna L. Augustine, an June 22, 2000, by certified, restricted delivery mail, addressed to her at 35
North Earl Street, Shippensburg, Pennsylvania 17257, with Return Receipt Number Z 719 956 054.
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: December 20, 2000; by defendant: December 20, 2000.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: January 3, 2001.
Date defendant's Waiver of Notice in Secr
Prothonotary: January 3, 2001.
MARK D. SCHWARTZ, ESQUIRE
Attorney for Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June
7, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date ofthe filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 20th , 2000
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
l. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June
7,2000.
2. The marriage of 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 fmal decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
,2000
~~~~
DIANNA L. AUGU INE
Date: December 20th
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. 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 in 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 true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
,2000
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/ LEE A. AUGUSTINE, JR.
Plaintiff
Date: December 20th
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LEE A. AUGUSTINE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
l. I consent to the entry of a fmal Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI 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 true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 20th
,2000
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DIANNA L. AUGUS~~E
Defendant
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LEE A. AUGUSTINE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 192M (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and
state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Diarma L. Augustine, on June 22, 2000, by certified, restricted delivery mail, addressed to her at
33 North Earl Street, Shippensburg, Pennsylvania 17257, with Return Receipt Number Z 719
956 054.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavi e true and correct. I understand that
false statements herein made are subject to the penalti f r C. S. Section 4904, relating to
unsworn falsification to authorities. ~./
MARK D.SCHW ARTZ, ESQUIRE
Attorney for Plaintiff
Date: December 20th , 2000
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Z 719 956 !J54
Receipt for
~rtified Mail
No Insurance Coverage Provided
Do r'fut use for International Mail
(See Reversel
Sent to
MS DIANNA L AUGUSTINE
Street and No.
35 N EARL ST
P.O., State and ZIP Code 17257
SHIPPENSBURG PA
Postage X $ ,S5
Certified Fee \,'-10
X
Special Delivery Fee
'RestrictedDeliveryF~ X '",15
Return Receipt 'Showing .'S
to Whom & Date Delivered X \,"':...
Return Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL, Postage X $ 5,'1 :S
& Fees
Postmark or OatEL
MARK
06-08-00
AUGUSTINE DIV. COMPLAINT
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. Print ~our name and address on the reverse
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. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
C. Signature
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D. Is delivery address different item 1?
If YES, enter delivery address below:
MS DIANNA L AUGUSTINE
35 N EARL ST
SHIPPENSBURG PA 17257
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3. Service Type
aD Certified Mail 0 Express Mail
D Registered 0 Return Receipt for Merchandise
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4 estricted Delivery? (Extra Fee) EI Yes
2. Article Number (GoPY frqm service labeQ
Z H9 956 OS4
PS Form 3811, July 1999
Domestic Return Receipt
102595-99-M-1789
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
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1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pac C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 20th
,2000
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LEE A. AUGUSTINE, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3471 CIVIL TERM
DIANNA L. AUGUSTINE,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pac C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 20th
,2000
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DIANNA L. AUG TINE
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: December 26, 2000
DOCKET NUMBER: 2000-3471 Civil Term
PLAINTIFF~ SS# 167-66-4246
NAME:
Lee A. Augustine, Jr.
DEFENDANT~~ SS # 204-56-8248
NAME:
Dianna L. Augustine
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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IN DIVORCE
DI{lhno,
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Defendant
:
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
\\ day of J00\)Q,U. , hereby elects to resume the
prior surname of '(Y\ b SCfY\ , and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE: 0 \ _-:- ;;) q- () \
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Signature
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Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
: 55..
COUNTY OF CUMBERLAND
On the tJ9z1 day of S1""'hb~ ,tJoo I , before me, a
Notary Public, personally app~red thVabove affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/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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NOTARIAL SEAL .
PATRICIAA SHATTO,~6t~ry Public
Carllsls Bora, Cumberland County
MV CommlssionE~i!esDe'csmber 17,2001
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