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Home My WebLink About00-05580 ~:'''K::~~:".>;:,,'x..C~;;::::~>>~~';::::~:+::{~''::Ci::~~::C{:::!:C5:~!::C:{;;~::C:~;:::~~>>~:::::!::c~;;:)>>::{:;~,,::~;;:'}::c!;;:;!>>::{:::!>>::!;;:::~!::.::~::':::!::.::~;::':::!>>::!;;*g:!::c.~::.~~!::c;:r~::.::.~~:(:!>>::!;;x:!::.>r:::!~>tr~'!::C<'1fl "~.~ .. J . ~ ~ ~ ~ I ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ j ~ ~ a ~~ i :;: I ~ i IL ;"::~;:.:::.>>::..,.>:+::< '.:.31.....' -:- ~.~ ~ ~ H ~.~ ~ ~.~ ~ ~.~ I ~.~ ~ ~ i ~.~ ~ i ~.~ ~.~ ~ (~ ~.~ ~ ~ ~ "'l ~ ~.;~ * .~~ ,rs ~ ~~ I ~"'. a ~.~ ~ ~.~ ~.~ * ~ ~.~ ~ ~ t':; ,-os ~ ~ ~.~ S k~ * h " re ; ~. OF CUMBERLAND STATE OF .. COUNTY PENNA. nnc:H~:rl3mlI~nnA:tJ~tJS'1':rb1E , muunn."hm" I II No. .20.0.0",55.8.0 ............... 19 Plaintiff Versus .hSTEYEN.AUGUSTINE,'n . .Pe.fen.da.nt AND NOW, DECREE IN I VORCE it~"u:'PA. v. .rq. . " .. 2000, it is ordered and decreed that.............. .GI1~:r.s. .11.. AqG'(JI'l.'l:l;~~............., plaintiff, and................ .~~~.v.F!~. !I-.~Gt,J~~.I.~~....................., 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; ~.":~~ ~.a.~ . ~~.t.~~~!D.e.~1;. !l-S.~~~!D.e.~t;. ~.<l:t;~9. .~ .l:l<:iY. .~Q9P,l. . ~l3. .11~J;'!'lP.Y . . . . . . , .i;I1C;:9J:'P'qJ;'o;lj:~.q . ~!'l.t.Q . tn.e. .Jri!'l.a.l. . J;l~.v.QJ;'C~. .QE;!C):.~~.. . . . . . . . . . . . . . . . . . . . . . . up "yo- v.::, ';*:~.;: )i:C~;:. .~.:.::( '::;.::.::{):c~::: ';'.::C;':., '::.t+:+,,: :':.::+::( ,::.{Co-::: :,.:+::~::' ).::+::-::. "'.::.::.": ":.::+;"" ::'::.::~'" ~ ~.~ ~ ~i ~ ::.>>::~:: )::.::~;;: ::.::.::'-,: )::~::.,:: :::.::+::--:: :::.::.::~', ':"::.::~": ::-.::+::.(:::.::+::---: )::.::~;' .---- ..- -.---.--- Prothonotary --,""'.' ,",,,",' , ""c, .~"':',r",'" "... . ~ ~.~ ~.~ , ,"", ~~~ . ,"-, >'.;" ~ ~~~ ~ a l'.<f ;..~ ~ ~ ~.~ ~ ~ ~ ".~ ~ ~~~ . I ~.~ '';''. a ~.~ ~.~ ~ '''', ~ ~~ ~ ":/, f.'~ ~ ~~~ ~ ~ ~ 1O.~ i ".<f ~ ".<f ~-.s ~ ~ '.' ~ ~.~ ~ J. . ~ ~.~ ,-.; ~ ~ ,,' ~ '.' ~:",'"c' "",..;"'~~ ~~~ -j..; .........""' I>i'" - -=' r~l-"""~ "~--~ .. ""~' -~ '-( ~' .~ f';' ,. '. " '." I~~~ M- C'~ ;k;JJ;'~a!{~Jf, .lex-ow-a:; ~~ ~ if; ~ . -r_{:l~:,J\~f",;<,~'J,c A'o~ ~)" ,.,- "C, "~_,,.;-~" ~,~"-,~ltc"",, 'n",~~',~""c ,.. r~ ",~ ~ --- ,,". , ~--. '" "". ~ , , < - ,",~, . ". .....,"'. "i I I I r < < < MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9th. day of tY)IJrr-- ,2000, by and between CHRIS H. AUGUSTINE (hereinafter called "Wife") an TEVEN AUGUSTINE (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on August 20, 1983; and WHEREAS, There have been two (2) children born of this marriage, to wit: BRYAN M. AUGUSTINE, born June 25, 1986 and JEFFREY A. AUGUSTINE, born September 4, 1989; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, ~nd in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEP ARA nON. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. ,'''_"_,'{"_,,".,,,,~"<'J'~_" ",'"'__"~",,,,= ,~~_, "'~",=, . ~.~, ',~'. ~", 0"-' . 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indenmify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indenmify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indenmify and save harmless Wife from any loss she may sustain. including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. The jointly incurred credit card account at Members First shall be closed. 6. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties 2 ,."~', >_, ~~,-""~,,~,""'~~__'~~_.,,_~_,~,~...,,.",_ "._, """'n._,. '__n_ . hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. REAL ESTATE. The parties agree that Husband shall grant, transfer, relinquish and convey to Wife all of his right, title and interest in the marital residence located at 3525 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania. In consideration therefor, Wife shall pay to Husband the sum of $46,166.87, payable upon completion of Wife's mortgage refinancing, for which formal application shall be made within ten (10) days from the date hereof. Husband shall execute a deed so transferring his equitable interest in the said premises to Wife contemporaneously with the execution of this Agreement, which deed shall be held in escrow by counsel for Wife pending completion of Wife's mortgage refinancing efforts. The parties agree that Husband may continue to reside in the marital residence until July 2000. Until such time as Husband vacates the marital residence, he shall be responsible for one- half of the mortgage and all other household bills. 8. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common, and each shall specifically be entitled to receive the items which are contained in Exhibit "A", attached hereto and made part hereof. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 1995 Ford Explorer currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indenmify and save 3 I . ',,",,_, " ",0_,,_ ',' .__7",,,,__.,,~ . _~, ~.' ,''''. c, 0". ",~~~~__" ,_ T --" ", ~ , ,- harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 1999 Chevrolet Blazer currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 9. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which each is entitled through their respective employment at Highmark. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 10. CUSTODY. The parties shall have shared physical custody of the minor children, Bryan M. Augustine and Jeffrey A. Augustine, on an alternating weekly schedule, the exact times of exchange to be mutually arranged by the parents. The parties shall share time with the children on major holidays, the exact times to be arranged between them. The parties shall enjoy shared legal custody regarding all major decisions affecting the minor children, including but not limited to health, education and religious matters. Each party shall have full access to the children's medical, dental and school records as well. Neither party shall relocate out of the Cumberland Valley School district without first obtaining the prior written consent of the other party or a court order allowing such relocation. 4 , ,'~, , _'c) ->' )~"'" '_"._.^-',""_ _ '. '__~,." ."-~" ,',",' ,~ '"'."-,;:"^~',"r,,."- _ ,'''" 'e,'" ~" h - ",,--~ -- ,~ ", . '. 11. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sum of $300.00 per month, payable on the first day of each month commencing July 1, 2000, and continuing through June 25,2004, (the date of Bryan's 18th birthday), or until Bryan's graduation from high school whichever occurs later. Commencing June 26, 2004 and continuing through September 4, 2007, (the date of Jeffrey's 18th birthday), or until Jeffrey's graduation from high school, whichever occurs later, Husband shall pay child support in the sum of $150.00. The parties herein acknowledge that support is modifiable pursuant to the Peunsylvania Family Support Guidelines, and that either party may petition the Court of Common Pleas Cumberland County, or any other court having appropriate jurisdiction, to establish a court order of support pursuant to such guidelines. Husband and Wife agree to contribute equally towards the purchase and/or insurance of an automobile for each son. 12. CHILDREN AS DEPENDENTS FOR TAX PURPOSES. Wife shall claim Jeffrey A. Augustine as a dependent for tax purposes commencing in tax year 2000 and all subsequent years. Husband shall claim Bryan M. Augustine as a dependent for income tax purposes commencing in tax year 2000 and all subsequent years. 13. ALIMONY. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in counection with any subsequent divorce action between the parties. 14. COLLEGE EDUCATION EXPENSES. The parties agree to be equally responsible for payment of the post-high school education expenses of their children which are not covered by loans, grants, scholarships or other forms of financial aid. Said expenses shall include tuition, room, board, miscellaneous expenses in counection with such educational pursuits of the children. Selection of the college shall be mutually determined by the parties. 15. COUNSEL FEES. Husband and Wife agree to be equally responsible for payment of Wife's attorney fees in connection with this Agreement and any subsequent divorce I I , i 5 +,:,070_, h',~~f't"'f.~_, L' _'_"'"" ,'~" ., ~, J~' c 0"" "."""'''"' ,'. action between the parties. However, Husband's liability to pay toward Wife's counsel fees shall not exceed $1,000.00. Husband shall be solely responsible for payment of any separate attorney fees incurred by him in connection with same. 16. HEALTH INSURANCE. Husband and Wife shall continue to maintain health insurance coverage on behalf of the minor children, as long as same is provided through their respective employment. Husband and Wife shall be equally responsible for all uninsured health care expenses for the children, including medical, dental, optical and orthodontic costs. 17. LIFE INSURANCE. Husband and Wife agree to cash-in the current life insurance policy with Jefferson Pilot Life, with the proceeds to be divided equally (approximate cash value being $7,500.00). Thereafter, Husband and Wife agree to maintain life insurance policies on their respective lives with a minimum death benefit of $50,000, naming the minor children as irrevocable beneficiaries until the youngest child attains age 21. Proof of beneficiary designation and payment of premiums shall be furnished annually upon request. 18. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 19. SUBSEOUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 20. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a 6 . __"no''':.,. -_,~"",,~,_o_,,_. 0" ."'~' - _~.~, ,""_,_,"_,,'~~',, -" . - _, "__,,~,__,,, ."';C.,_>._ "'. _ ,",. "..,. <, " ", - r_n_ r ,n_ _ ._ ,,"-0, ., divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint in any subsequent divorce proceeding. 21. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 22. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documcnts that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to Wife by Max J. Smith, Jr., Esquire, attorney for Wife, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each rcspective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by thcm respectively. Husband has been advised of his right to retain independent legal counsel to advise him concerning this Agreement and the pending divorce action between the parties, and acknowledges that he has waived such right. 24. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, 7 '->~:::""'-;:-" " --"'<,w^_\~, .'.",>7',,"," 1-,'Op'~.,,_ No'_ ., "'~'~-_',.. ",,'.,- ,""<.,-, ",,~_,~ '_'_,'"~,'-7' __~, ,." ~___ _ ' ~'''__'N'_ _~ .",,', " ~., ., ." "'., ,~_ 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 interest, rights and claims. 25. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 26. 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. 27. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions 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 waiver or any subsequent default of the same or similar nature. 8 I', "~- '7'..',*.""-"_" -,~~, -,<2.","_- _ ",_,'~' ''"' " ,", ,:"",~" ~,~, "'" _.c'_ --- .-- 28. 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. 29. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. The parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~$~ a - '-fJ~J WITNESS . 7!:;;tl w f/L, " CHRIS H. AU U TINE M' STEVEN dU:TINE 9 ':~""" .',- -' '''''''>'"A~,',~"" .J'_r- " ""'--""---~'-- ,-"'~~" .'" ~ ' " " u~ ,~" EXHIBIT "An Husband All non-matching luggage All books in attic 2 sleeping bags Excess bundles of insulation All personal clothes and bathroom items 1 set of towels Queen bed and linens Camcorder Bedroom telephone Hanway stool Boys' beds and desks Computer and software Computer desk Bookshelf next to desk 1 CD rack CDs All personal items from closet Entertainment center (stereo, VCR, TV) Speakers Taillight from living room Small rocker built by Husband's parents Dining room mirror Microwave and cart Set of dishes Mixing bowls from before marriage 1 frying pan Sectional sofa from family room Ironing board Tools from garage and basement Mower Snow thrower Diving equipment Assorted household items Dinette table and chairs Coolers Weight bench Wooden cabinets built by Husband's father and grandfather TV and stand Freezer ,~ ,__, '"'_~C'-'i"-, " _ ,,,-.._,,~C~'_,_l ,,<_ ,~_ '~__o,..,,", '_0"",_,,_",,_ " "'-' ~- -'-~ ."'.. ,_,_. _-.c_.,- .'_",.- . - ,,~ , 1 set of folding chairs Beach chair Lounge chair Wife 2 sets of luggage Assorted baby items in attic All clothing items in attic All decorations All personal clothes Remaining towels 2 dressers Wicker hutch and night stand Full size bed and linen All furniture in front bedroom All other items from closet Sofa Love seat 2 end tables Coffee table 2 lights Wall decorations in living room Dining room table and chairs Hutch and contents All other wall decorations in dining room Refrigerator Bread box Toaster oven All other cooking items Table and 4 chairs from dinette TV and stand with lamps from family room Washer and dryer Iron Riding mower Work bench Shelves Assorted dog items Picnic table Benches Round patio table and chairs Remaining folding chairs ,,,"--" -~.,- ',~ _,_o_"~,, '___' "_____,_,,_~~,__,"_,___~,, ~___"'_ 1'_,__., n,H',," __,," . ,.,,-, ~ - ~ -~ -- ~ CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : 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 (X) 3301 (c) ( ) 3301 (d) ofthe Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Bv certified mail on August 28. 2000. 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 2. 2000 ; by Defendant November 30, 2000 (b)(l) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None Attorney for (X) Plaintiff ( ) Defendant ^ . '---. '-"U"--c:' ,~,' -'-'-"_."'_ ",-'f'" "'-, "'_,'>; . - ; __~" _~,,'-,- " -,-- . ..-- 1li . _lmf~, , ',~"O, ~""_r_~", - ~ ,. ,c. ",- ~" () = n c: 0 "T~ ~ f.:=J '""oCt:':'- 01 -\j 01rr; C) F:':' Z_.<-. '''',-'TI z~ W "'7 (,j)~ {::~c) -< .c~ kC -t) .'i: :fi ):>,..,.., -~ ~~~~ z... "~" >8 c, ~ ':.rl :c~ ~lJ C:T\ -< ~- ~1!!llll1l!:"i, ".-' -!,"'~f)~ , vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- st"cfO Civil Term CHRIS H. AUGUSTINE, Plaintiff STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against tIie 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 marriage, you must request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 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 170 ~ ........- MAXJ. S TH, JR., e Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 _, ,n, ',,_,). ", _ ~,. ~_ , ~']~"" ,-" ,_ _ ., ".,. __ . -""",-O~i_" ,- ., ,'- "-.', CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-S6,f'O Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CHRIS H. AUGUSTINE, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, CHRIS H. AUGUSTINE, is an adult individual and citizen of thc United States of America, whose address is 3525 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, STEVEN AUGUSTINE, is an adult individual and citizen of the United States of America, whose address is 1004 Coppercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about August 20, 1983 in Shiremanstown, Pennsylvania. 5. Plaintiff avers that there are two (2) children of the parties under the age of 18, namely: Bryan M. Augustine, born June 25, 1986 and Jeffrey A. Augustine, born September 4, 1989. . "', "-'~"'.--'~ -","~ .,'.'c -"."',"'''-'~'-,.'n_-_''~_ "~ ,,- . ~ - " ~ ~ ! 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. ~1J~ MAX J. SMITH, JR., Esquire . James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 fort.. Dated: August _, 2000 ~ ! i i I :!-- ~.. ,~C~_ _'_' ;,__" _ _ ~L~ ' , ~ ~,-' I I I .i i ,J I ! 'I i i 11 ,;' :1: :'ji i ;1 i-i '-,,,,..-~.,,,,"- ","", I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. . - - "" . , CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 25th day of August, 2000, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7099 3400 0004 7298 3191 at Hershey, Pennsylvania, addressed to: Steven Augustine 1004 Coppercreek Drive Mechanicsburg, P A 17055 Mailing and return receipt cards attached hereto. ~\JJ " "i 1 MAX J. SMITH, JR., e I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 7 ~---" . ",- '''''---",~_ - C'"'_. ,,~~.__" "~ '_-'--;".0 _,'<._ _ ,_~___~___,__,__ _, ," ~,_ < - "_~ - ,_ N. , , ! ", ',:,.',i,., 'i I; 'Ii,' " ~! I , I, Ii r'i I, ii fj I ~ \', l! ~ " . I , '" lr ru r-- Postage Certified Fee ~ .,I!:I 1,t::J ~o Return Receipt.Fee (Endorsement ReqUIred) Restricted Delivery. Fed)" (Endorsement ReqUlr l.i).S ;)..15 Total Postage & Fee:s $ s qS . . I f (to be completed by maller) Name(pleasePnntCeary) , __nO____n________ .~;:9;;~~~e~--;;;~-~:::::::::__m____mn_nm__nm" 1 00'+ 0!Q(lUC,C,(,t:'nm_ nnn '15;;,:&,;';:21;;+'- 'Y)\- I'1OC...5 'I'Llc.1oo.r. \ cS loLt-r , I:J I:J ~ m lr lr I:J r-- + . .' ".",,~ ~;" ;-..'" in' ~., ,. "" '_ _'_"_;_'~_'" -:<",,-. ".. ',,,,, _,c,n _',. _" · CompleteitEims1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this C!lrd to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: o Agent o Addressee DYes DNa D. Is delivery address differentfrom item 1? If YES, enter delivery address below: , '-' '- 3. Service Type )d Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (&tra Fee) ~es " !1 'I I " ." " - ,..~ 102~9~M.1789 .~_._--,- --- -'--,- -".' -~ - -." '''-'''''7-_-', ,~ """, . , ",',J, ,",' ,.,,,,.". '-,' " -'r', > ,'. ,--, +- "' . " ',' , ,.~, """.." , <,-~'" _" -,""" ;~~;;"":"-O' >,"" ~,,-, . ~-- 0 CJ 0 C C) -C, ~,:::~ ':::J 'UC:; I'l rn(-~' c') -:Y '....-; "'::"'-.,",- -y rn-. ~~-,', C< i; C~' .... "'__ c-' j=; ~-_. c~{ c-: ~-~ ~ en ,1:.::; C' :::t '''.-'<:',= - ,_}IS" ., '!-'--:'"~ ~ l" " <, . CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on August 11, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and imderstand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unsworn falsification to authorities. Date: /02) 02 / r.t:J , I CIuSYv- O~ flf Ll tD1 (l , CHRIS H. AUGUST "','~ <"^',-,._ '< i__f',' _. .0"."1"'''' _'_."': eo.,"""""",-. ,""L"" c. - -.. " ." i,; ~ . ~ . ., ,~ 'o~'~'" , ,~"C_ (') c - s.,. "'OQJ Dim Z::D z-_. en;"': ':"-;:,d~ ~C:J )>0 :Z:C-" )>C Z :.;! i( h .,c_",,_"~", ~, '" "; "",'_=:_c,):.-r..,, ,~_;--:-~. ". ~~"t'IW'!~~~ "!l'.~lllIJIl~~ "~',...,.~, ., ".."- o = c:;> r'1 " o -n .." ;r.:'~71 =gg ii.L :~~t ~..... -n ~:~$--~ CY' :;;! ~ c..) -0 ::1' .:.11 C" ~ , -""'~ I< I' .. . ., . CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. 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. 3. I lmderstand 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 statemcnts herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1~)rYJ ()() ~!ilflf'.if.,()ljj1ff ~ CHRIS H. A GUST ,"- ''C "-,,, '~'";"' ,--~~' pO''''.'';;:. _"''-C. !,. ..,>- ',,'" ,. .... ,,'""'-' . .--.- . . " . '-.- . " . ,~. . .' ~ ' ~ 'q - -~, . ,- f':'~'~" ,_~ "'?)'1"_" ,. -~""~~ '.,~- .." , ,.., , ., (") c:> ~ C C) ::i~ ? ':::l -Om ITI mrr'! C") Z:x:; 'j:''': ~)~ " <..0 -:: C. -<'e, '-:') ,L. !;:C ~j '.....,t ~o -c~ 'T, ::ii-: (-) C) -0 ::::::: Pc:: C;., In Z :n ;;! -, :'0 -< (TI -< _~~JIl.U!',1 -~ -~,-I~-"'--- .. 01 " " " . CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on August 11, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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~ I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon reqnest. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unsworn falsification to authOlities. Date: / / Idol f).OOO , ~( STEVEN AU INE ~- , '!'.' ,!'"O:""':!"'_~'''''''r;,., '__<::._.,._/':""'''c"..,-".,:<",,,.-..., ., , . -<.~' ,c"" ,-^ , ., < ,--, - ,~ ;'1 . .. ,-,,""'-~ ,~ -"-,ry..- ,~" >On C,~" , ",-.,-,"",",-" ,-, "'N,",'c ,''''~' ~;,?-" ~~" " . " , o C ". n:: ;:gh: Z:n i5J ~3 kC; ~c> Zz.:'" Pc Z =< !i'lj~_'~~~""'!"'l",, ~~- ~~ >. '~"'_'",'" ,e," a c> o 1""1 n n '""h G..' ;"'T! :..-' :.:;") ;~~? ,- -~.i ',',] (~~ :""jrn ~ :n -< " .~ >. --= on <1'1 ~-~'" T',,,~~ ..... '~l ~ ..,.. r. '" CHRIS H. AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5580 Civil Term STEVEN AUGUSTINE, Defendant : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. 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. 3. I tmderstand 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 are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authOlities. Date: 11/[30/ !toao ~NE~. i; , ~ ~' R " '~ ! i ~ " ~ !, ii' I;: III IJI '~I i !~I [I: i ! i, I' I I~ Ii', '-",:-,"'" ""~-"-P'-'"''''':''''"'~+''-''';~''' ,~, - ,~", .0.' '~ ' , _-: -,r, ' o ~ ,_, "-- q ,. " . . "-""" -","" """", ... 1 ~ ... " ",~ ., "."..,".,W' ... .-- \Il!i'(J1~!l1~m. ,.,\'"1*""" ~"~~~ ~'- ,-' ^ .~' ">>,C-', "" , () 0 0 C 0 '''q ~ Q ,,~ ~~j '"'OCD '-'1 52Q; l"") r"~.~ Zic^, . '.,-, Cod=;: <.c.' ;f~~) --~ ~U 0 ;':;:C' , Z _r -~ ~~( j~1 '--=0 )>C "'- ~ 2: ':J1 -..,...,: -I s.J "'" (n "'" ,..._~_"J -~,,.","~-~ ~~ , " ":_~_~_"_-r"'"-'c)~ CHRIS H. AUGUSTINE, Plaintiff v. STEVEN AUGUSTINE, Defendant Social SecUlity numbers of the parties are: Chris: 176-54-6676 Steven: 209-46-1999 -.".'. n,-'_-,--, ._'__.' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5580 Civil Term : CIVIL ACTION -LAW : IN DIVORCE 'r_. '