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IN THE COURT OF COMMON PLEAS
OFCUME3ERLAND COUNTY
STATE OF - PENNA.
WILLIAM AUGUSTUS STTJM
Plaintiff N O. 1999-05343 Civil
VERSUS
KATHRYN P.LIZARP.TH STUM,
Defendant
DECREE IN
DIVORCE If 3: q pm
AND NOW, JULY ` 2000 , IT IS ORDERED AND
DECREED THAT WILLIAM AUMSTUS STUM , PLAINTIFF,
AND KATHRYN ELIZARRTH STUM
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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;
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WILLIAM AUGUSTUS STUM,
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999-05343 Civil
KATHRYN ELIZABETH STUM, DIVORCE
Defendant
AND NOW, this Day of 2000, it is hereby
Ordered that the Property Settlement Agreement dated July 5, 2000 attached hereto
is incorporated herein and made apart of this Order of Court.
BY THE COURT:
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THIS AGREEMEN'T', is made this Y? day of
2000, by and between:
KATHRYN ELIZABETH STUM, hereinafter referred to as Wife;
-AND-
WILLIAM AUGUSTUS STUM, hereinafter referred to as Husband;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 2, 1986, in
Enola, Pennsylvania; and
WHEREAS, there is one child born of the marriage.
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WHEREAS, diverse unhappy marital difficulties have arisen between the parties
causing them to believe that their marriage is irretrievably broken, as a result of which
they have separated and now live separate and apart from one another, the parties
being estranged due to such marital difficulties with no reasonable expectation of
reconciliation; 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 of real and personal property; and the settling of all matters
relating to the custody and support of their minor children, and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estate, particularly those responsibilities and rights growing out of the
marriage relationship.
NOW THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, husband and
wife, each intending to be legally bound, hereby covenant and agree as follows:
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1. SEPARATION.
It shall be lawful for each party, at all times hereafter, to live separate and apart
from the other, at such place or places as he or she may, from time to time, choose or
deem fit. Each party shall be free from interference, authority or contact by the other,
as fully as if he or she were single and unmarried, except as may be necessary to cant'
out the provisions of this Agreement. Neither party shall molest the other or attempt
to endeavor to molest the other, nor compel the other to cohabit with the other, or in
any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
Should a Decree, Judgment, or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the
parties hereby consents and agrees that this Agreement and all of its covenants shall
not be affected in any way by any such separation or divorce; and that nothing in any
such Decree, Judgment, Order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties
shall remarry, it being understood by and between the parties hereto, that this
Agreement shall survive and shall not be merged into any Decree, Judgment, or Order
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of divorce or separation. It is specifically agreed however, that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by
reference into any Order of divorce, Judgment, or Decree. This incorporation,
however, shall not be regarded as a merger, it being the specific intent of the parties
to permit this Agreement to survive any Judgment and be forever binding and
conclusive upon the parties.
2. EFFECTIVE DATE
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if they
have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
3. MUT AL. RELEASES,
Husband and wife do hereby mutually remise, release, quit-claim or
forever discharge the other and estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or
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against the estate of such other, or whatever nature and wherever situate, which
he or she now has or at any time hereafter may have against such other, the estate
of such other or any part thereof, whether arising out of any former acts, contracts,
engagements, or liabilities of such other or by way of dower or curtesy, of claims in
the nature of dower or curtesy, or widow's or widower's rights, family exemption or
similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary or all other rights or a surviving spouse to participate in a deceased
spouse's estate, whether arising under the United States, or any other country;
or any rights which either party may now have or at any time hereafter have for the
past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any
provision thereof.
It is the intention of husband and wife to give to each other, by the execution of this
Agreement, a full, complete and general release with respect to any and all property
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of any kind or nature, real, personal, or mixed, which the other now owns or may
hereafter acquire, except, and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
4. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only
take place on the "distribution date" which shall be defined as the date of execution
of the Divorce Decree, unless otherwise specified herein.
5. MUTUAL CONS NT/ADVI OF COUNSEL,
Husband and wife acknowledge and understand the terms and conditions of
this Agreement, and wife is unrepresented, and Husband is represented by Diane M.
Rupich, Esquire.
Husband and wife acknowledge that they fully understand the facts as to their
legal rights and obligations under this Agreement. Husband and wife acknowledge
and accept that this Agreement is, under the circumstances, fair and equitable and that
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it is being entered into freely and voluntarily, and that the execution of this Agreement
is not the result of any collusion or improper or illegal agreement or agreements. Wife
fiuther acknowledges that she has had an opportunity to seek independent legal
advice prior to the execution of this Agreement.
6. FINANCIAL. DI O R
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this Agreement.
The parties acknowledge that there has been no formal discovery conducted in
their pending divorce action and that neither party has filed an inventory and
Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code.
Notwithstanding the foregoing, the rights of either party to pursue a claim for
equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest
owed by the other party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date of the within Agreement is expressly reserved. In the event
that either party, at any time hereafter, discovers such an undisclosed asset, the parties
shall have the right to petition the Court of Common Pleas of Dauphin County to
make equitable distribution of said asset.
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The non-disclosing party shall be responsible for payment of counsel fees, costs,
or expenses incurred by the other party in seeking equitable distribution of said asset.
7. DEBTS AND OBLIGATION
Husband represents and warrants to wife that since June of 1999, he has not,
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 indemnify and save wife harmless from any
and all claims or demands made against her by reason of such debts or obligations
incurred by him since the date of said separation, except as otherwise set forth herein.
Wife represents and warrants to husband that since June of 1999, she has not,
and in the future she will not contract or incur any debt or liability for which husband
or his estate might be responsible and shall indemnify and save husband harmless
from any and all claims or demands made against him by reason of such debts or
obligations incurred by her since the date of said separation, except as otherwise set
forth herein.
8. REAL ESTATE.
Husband and wife hereby acknowledge that they are the joint owners of the real
estate located at 607 State Street, Enola, Cumberland County, Pennsylvania.
Husband and Wife hereby agree that Husband shall remain in the real estate, and shall
be responsible for the mortgage, utilities, taxes, upkeep and maintenance on said real
estate, and hereby indemnifies and holds wife harmless from any and all obligation
for the payment of said debts. Wife hereby agrees to execute a deed relinquishing
all of her right, title and interest in said real estate upon payment of Five Thousand
($5,000.00) Dollars. Husband and Wife hereby agree that Husband shall pay to Wife
the sum of $5,000.00 within two years from the date of the issuance of the Decree in
Divorce. In the event, Husband should die within said two year period, the parties
hereto agree that Wife shall become the owner of the real estate.
9. PERSONAL PROPERTY,
Except as set forth hereto, husband and wife have agreed that their personal
property has been divided to the parties' mutual satisfaction and neither party will
make any claims to the property possessed by the other, except as set forth hereto:
NONE.
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10. PENSION AND RETIREM .NT. Husband and wife hereby agree that they
waive all of their right, title, and interest, which they may or may not have to the
other's pension, profit-sharing, retirement plans, both individually or which they may
have through their employers.
The parties hereto fully understand their rights under and pursuant to the
Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly
the provisions for alimony pendente lite, spousal support, equitable distribution of
marital property, attorneys fees, and expenses. Both parties agree that this Agreement
shall conclusively provide for the distribution of property under the said law and the
parties hereby waive, release and forever relinquish any further rights they may
respectively have against the other for alimony, alimony pendente lite, spousal
support, equitable distribution of marital property, attorneys fees, and expenses.
12. MUTUAL RELEASE OF CLAIMS,
Except as otherwise stated in this Agreement, husband and wife each do hereby
mutually remise, release, quitclaim and forever discharge the other, for all time to
come, and for all purposes whatsoever, of and from any and all rights, title and
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interests, or claims in or against the property (including income and gain from the
property hereafter accruing) of the other or against the estate of each other, of
whatever nature and wheresoever situate, which he or she now has or at any time
hereafter may have; specifically including any rights which either party may have or
at any time hereafter have for past, present, or future spousal support, or maintenance,
alimony, alimony pendente lite, spousal support, equitable distribution of marital
property, attorneys fees, costs or expenses, whether arising as a result of the marital
relation or otherwise.
It is the intention of the husband and wife to give to each other by the execution
of this Agreement, a full, complete, and general release with respect to any and all
property of any kind or nature, real, personal, or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof.
13. WAIVER OR MODIFICATION TO BE IN WRITING,
A modification or waiver of any of the terms of this Agreement shall be effective
only if in writing, signed by both parties, and executed with the same formality as this
Agreement. No waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
14. MUTUAL. COOPERATION.
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge and deliver to the other party, any and all future
instruments and/or documents that the other party may reasonably require for that
purpose of giving full force and effect to the provisions of the Agreement.
15. AGREEMENT BINDING ON HEIRS,
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective legatees, devises, heirs, executors, administrators,
successors, and assigns in the interest of the parties.
16. BREACH,
If either party breaches any provision of this Agreement, the other party shall
have the rights, at his or her election, to sue in law or in equity to enforce any rights
and remedies which the party may have, and the party breaching this Agreement shall
be responsible for payment of attorneys fees and all costs incurred by the other in
enforcing his or her rights under this Agreement.
17. LAW OF PF.NNSY VANIA ApptjCAgj,F
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
18. HEADIN NOT PART OF A R EMENT
Any headings preceding the text of the several paragraphs/provisions and
subparagraphs hereof, are inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its meaning, construction or
effect.
19. DIVORCE,
The parties hereto acknowledge that their marriage is irretrievably broken. The
parties further agree to execute the necessary Affidavits of Consent and Waiver of
Counseling, and Waiver of Notice of intent to Request Entry of Divorce Decree upon
request so that the divorce may become finalized. The parties further agree and
acknowledge that this Property Settlement Agreement shall be incorporated into said
Decree in Divorce; however, shall not merge therewith.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written. =AU
Witness Kathryn Elizabeth Stum
Witness William Augustus Stum l??
?meboro Twp?, CN'?y? ?
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the S day of
J y// , 2000, before me, a Notary Public,
the undersigned officer, personally appeared KATHRYN ELIZABETH STUIv1,
known to me or satisfactorily proven to be the person whose name is subscribed to the
within instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires: 1 Z Z G l
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
E WI
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! a? On this, the S day of J M/?
,2000, before me, a Notary Public,
the undersigned officer, personally appeared WILLIAM AUGUSTUS STUM, known
to me or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My commission expires:
Notary Public
No ARIAL SEAL
WILLUIM H. aROWNSTEIN, Notary aft
fy Ti tmsboro TWA., Cumberl?g Ca
My L1omiNbak n Er?4pi ?erCp rl go
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WILLIAM AUGUSTUS STUM,
Plaintiff
Vs.
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999--5343
IN DIVORCE
PRAF..IP TO TRANSMIT R ORD
TO THE PROTHONOTARY:
Transmit the Record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for divorce: Irretrievably broken under Section (XX) 3301 (c) or
( ) 3301 (d) of the Divorce Code. (Check applicable section)
2. Date and manner of service of the Complaint in Divorce: Certified Mail on
September 4, 1999.
[Complete either Paragraph (a) or (b).]
(a) Date of execution of Affidavit of Consent required by Section
3301(c) of the Divorce Code by Plaintiff, July 5, 2000; by Defendant, July 5, 2000.
(b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the
Divorce Code: N/A date of service of Plaintiffs affidavit upon Defendant: N/A.
4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the
Divorce Code: N/A. Date of filing of Waiver of Notice of Intent to Finalize by
Plaintiff: simultaneously herewith; by Defendant: simultaneously herewith.
5. Related Claims Pending: None
BY:
Diane M. upich, squire
(717) 232-9724
Attorney for (xx ) Plaintiff
( ) Defendant
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WILLIAM AUGUSTUS STUM, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. s, 1999 ~ .3142 KATHRYN ELIZABETH STUM, CIVIL ACTION - LAW
Defendant IN DIVORCE
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 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.
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, PA. 17013
(717) 249-3166
1-800-990-9108
WILLIAM AUGUSTUS STUM,
Plaintiff
vs.
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1999 - 5 3'i 3 ?e ! 7.+,,.,-
CIVIL ACTION - LAW
IN DIVORCE
1. The Plaintiff is William Augustus Stum, an adult individual, who currently
resides at 9 Salt Road, Enola, Cumberland County, Pennsylvania and whose social
security number is 164-58-7922.
2.
3
The Defendant, Kathryn Elizabeth Stum, is an adult individual, who currently
resides at 607 State Street, West Fairview, Cumberland County, Pennsylvania
17025, and whose social security number is 211-60-6256.
Plaintiff and Defendant were married on August 2, 1986 in Enola,
Pennsylvania.
4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for
a period of at least six (6) months prior to this filing.
5. Defendant is not a member of the Armed Services of the United States or its
allies.
6. Plaintiff and Defendant are both citizens of the United State.
7. There has been no prior action for divorce filed in any jurisdiction.
8. Plaintiff has been advised of the availability of marriage counseling, and has
waived said right.
9. There is one child born of this marriage; namely: Raymond Augustus Stum,
bom October 10, 1989.
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10. Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests your Honorable
Court to grant a Decree in Divorce.
Respectfully submitted,
DILS & RUPICH
BY: `
Diane M. Rupich, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
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I Verify that the Statements made in this COt+IPLAINT IN DIVORCE
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: AUGUST 23, 1999 WILLIAM AUGUSTUS STUM
WILLIAM AUGUSTUS STUM,
Plaintiff
Vs.
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999-05343 Civil
IN DIVORCE
I, Diane M. Rupich, Esquire, hereby certify that a certified copy of the
Complaint in Divorce under Section 3301 (c) of the Divorce Code has been served
upon the Defendant, Kathryn Elizabeth Stum, at her mailing address of 607 State
Street, West Fairview, Pennsylvania by depositing the same at the Post Office, at
Harrisburg, Pennsylvania, Certified Mail No. Z 569 1 14 418.
Attached hereto is the return receipt executed by Kathryn Elizabeth Stum
evidencing receipt of the same dated
4, 1999.
BY:
Diane M. Rupi , Esquire
1017 N. Fro avStreet
Harrisburg, Pa. 17102
(717) 232-9724
I.D. No. 71873
July 17, 2000
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SENDER:
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Complete hems 3, 4a, and 4b.
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WILLIAM AUGUSTUS STUM,
Plaintiff
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 1999-05343
DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 1, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of tiling and service 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 I do not claim them before a divorce is granted.
5. 1 have been advised of the availability of marriage counseling, and being so
advised, I do not request that the Court require my spouse and myself to participate
in marriage counseling.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Date: ?? oC)
William Augustus Stum, Plaintiff
WILLIAM AUGUSTUS STUM,
Plaintiff
Vs.
KATHRYN ELIZABETH STUM,
Defendant
M THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-05343
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION_
3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without 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 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 Waiver 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: f o 0
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William Augustus Stum, Plaintiff
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WILLIAM AUGUSTUS STUM,
Plaintiff
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 1999-05343
DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 1, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service 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 I do not claim them before a divorce is granted.
5. I have been advised of the availability of marriage counseling, and being so
advised, I do not request that the Court require my spouse and myself to participate
in marriage counseling.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unworn falsificatio to authorities.
Date: -C) 0 ?`
14:-
Kathryn Elizabeth Stum, Defendant
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WILLIAM AUGUSTUS STUM,
Plaintiff
Vs.
KATHRYN ELIZABETH STUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-05343
CIVIL ACTION - LAW
IN DIVORCE
I consent to the entry of a final Decree in Divorce without 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 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 Waiver 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 unswom falsification to authorities.
Date:
Kathryn Elizabeth Stum, efendant
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