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HomeMy WebLinkAbout02-1532 MARK A. STUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 2002 - 63::< CIVIL TERM LISA M. STUM, 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 A VENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ATIORNEVS-ATeLAW 26 W. High Street Carlisle, P A By: SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.LA.W 26 W. High Street Carlisle, P A MARK A. STUM, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- 153~ Plaintiff vs. LISA M. STUM, CIVIL TERM Defendant : IN DIVORCE COMPLAINT Mark A. Sturn, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Mark A. Stum, who currently resides at 324 Zion Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendant is Lisa M. Stum, who currently resides at 68 East Main Street, Newburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 6, 1983 in Newburg, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYSeAT.LAW 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: 512 g/t)2- I I 6, SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~~~ Mark A. Stum Date: J -.,;>~ - Ct]. I 1 '. " "~ ,~ ; ~ -. ~ v.:> -c: ....c o ~ "R- '.IJ ~ VJ -1 ~ ~ ~ "'D - --.-"'"""- -- ....J ~ l.!1 'g d ~~ c- ::. 5:).. .... l:l -< t:",'r. f'}: --or f (J, ~~ {,~: l~ ~~,: l:.:. <-- ::< ~, '- , C" '-p c:.:) f '-~;' () "11 ~-'''' :-:J I -.-;:J -,:.". () <~rrj '-0-,..,. ~~~ -< ~ .) U'I ;"1" SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYSeAT-LAW 26 W. High Street Carlisle. P A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - I r32, MARK A. STUM, Plaintiff vs. LISA M. STUM, CIVIL TERM Defendant : IN DIVORCE AND now, this .:=1 cr- ~ CERTIFICATE OF SERVICE ~:( day of ,2002, I, CAROL J. LINDSAY, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, LISA M. STUM, on April 12, 2002, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Lisa M. Sturn 68 East Main Street Newville, PA 17241 and proof thereof, the signed Return Receipt Card, is attached hereto. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By ~ C r I J. Lindsay, Esq i e 10 # 44693 26 West High Stre Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEfStoAT.LAW 26 w. High Street Carlisle, PA MARK A. STUM, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW NO. 2002. Plaintiff V5. CIVIL TERM LISA M. STUM, Defendant : IN DIVORCE PROOF OF SERVICE "'Co/npIIIl8m.l;2, lIfict3; I\Illo complele Item 4 n Reotricted DeIIveIy II deolAld. . PrInt your name and add..... on the _ oo1hilt we can I8Ium the earn to you. . Attach thl. cord to tho bock of tho mallp1oce, or on !hi front n IIplle8 pormlto. 1. ArtIcioAdd_to: o Agent 0_ D. __"""'_11 DYes n YES, enter deliver; _ boIow: 0 No ,L/~ /Yl, .:s7WJ't- b & Msr /J141N Sr NEWUIt-U, ft- 1707'1'/ ~~ver to addmsee Oftti! 3. -lYPe [3""Cer1Ified Moll 0 ExprIOI Moll o Reg_ 0 Return ReceIpt for M~"'_"'" o 1_ Moll 0 C.O.D. ~tICI- 7J ~E.I; ~L'I 4. Restrtctod DoIiveoy? i&tnI Fee) 2.ArtIcioNu~::", ,:. :: ! II /IIIOIlllr....____ 7dYJ.!Jqu 0lJ/t'..67.tJl; c;.6::~.;l.. ..form 3811, _ 2001 ~_1Iooolpt Yeo ~41414 't") 0 0 f~~ '" f1 "" "j -o( "'0 ~~ :'0 N !, Zt; '--, W. 'e ~S ~( .-0 "Y'I ~, ::r:.: (') m >~ ";'/ ;;< :-~.) - (;:> SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS.AT-[.AW 26 W. High Street Carlisle. PA II II MARK A. STUM, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2002 -150"'" Plaintiff V5. LISA M. STUM, CIVIL TERM 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 rnay proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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,S:ANNOT 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 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS-Ar'L\W 26 W. High Street Carlisle, PA I[ MARK A. STUM, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2002. 1'53:Y Plaintiff V5. LISA M. STUM, CIVIL TERM Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE Mark A. Sturn, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: COUNT I - DIVORCE PURSUANT TO 23 Pa. C.S.A. ~3301(cl and ~3301(d) 1. The Plaintiff is Mark A. Stum, who currently resides at 324 Zion Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendant is Lisa M. Stum, who currently resides at 68 East Main Street, Newburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 6, 1983 in Newburg, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-ATeUW 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II. EQUITABLE DISTRIBUTION 8. The averments of Paragraph 1- 7 are incorporated herein by reference as though set out in full. 9. The parties have, during their marriage, acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' property. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attomeys for Plaintiff By: Date: 6?1/0_7; Carol J. ID # 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS-AT'LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ??1~ ~ Mark A. Stum Date: 7~.;;)s -():3 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA MARK A. STUM, LISA M. STUM, . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 1532 CIVIL TERM V5. Defendant : IN DIVORCE CERTIFICATE OF SERVICE On this 8th day of Seotember ,2003, I, Carol J. Lindsay, Esq., hereby certify that I served a true and correct copy of the foregoing AMENDED DIVORCE COMPLAINT via United States Mail, certified, restricted delivery, return receipt requested, postage prepaid, addressed as follows: Marylou Matas, Esquire Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 Respectfully Submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Attorney for Plaintiff ~1L..' (~) ~-,-;-, 7~;~ (f'-- -'~ y g:CJ ~:;;C-' f;::U .;--c- ,-'.:; S! o ,~~ :;1'~ ("':'; C~ 'n '1 '-1;:1 I <n C) U'_'; :T' '-j ~ ,() '-~ :i:"i '.~:ii-n :.:1 :u -< ;J:-. "'" ,,.) MARK A. STUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW LISA M. STUM, Defendant : NO. 2002-1532 CIVIL TERM : IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within New Matter within twenty days (20) days from service hereof or a judgment may be entenld against you. MARK A. STUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW LISA M. STUM, Defendant : NO. 2002-1532 CIVIL TERM : IN DIVORCE ANSWER TO THE AMENDED COMPLAINT IN DIVORCE AND NEW MATTER COUNT I - DIVORCE PURSUANT TO 23 Pa.C.S.A. &3301 (c) AND IS 330Hd) 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. WHEREFORE, Defendant requests your Honorable Court to enter a decree of divorce. COUNT II - EOUITABLE DISTRIBUTION 8. Defendant's Answers to Paragraphs I through 7 of Plaintiffs Amended Complaint are incorporated herein by reference as if set forth in their full text. 9. Admitted. WHEREFORE, Defendant requests this Court to equitably divide the parties' property. NEW MATTER COUNT III - INDlGNITIE~ 10. Defendant's Answers to Paragraphs I through 19 of Plaintiffs Amended Complaint are incorporated herein by reference as if set forth in their full text. II. Plaintiff has committed such indignities upon the person of the Defendant, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). COUNT IV - ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 12. Defendant's Answers to paragraphs 1 through 9 of Plaintiff's Amended Complaint and Defendant's Paragraphs 10 through II are incorporated herein by reference as if set forth in their full text. 13. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 14. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate employment. 15. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, . .~ 7J1~ tas, EsqUIre Attorney r Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 9-1 ':)- oJ k4~' L 1\ M. STUM, Defendant- ~ (\ 1 .....~ ,-.' ~ ti~ ~,; ........ - >> ~ ..c. ~ r ..1\ d:'" , ,... ~ ~ ~ ;7 t =< ( ~:' n 1f -<, MARK A. STUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW LISA M. STUM, Defendant : NO. 2002-1532 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certifY that I did, the 2'1~ay of September, 2003, cause a copy of Defendant's Answer to Plaintiff Amended Complaint and New Matter to be served upon Plaintiffs attorney of record first class mail, postage prepaid at the following address: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PAl 70 I 3 DATE: '1/2.9/03 ~~ -m lA--40 M atas, ESquire Attorney or Defendant GRIFFIE &: ASSOCIATES 200 North Hanover Street Carlisle, PAl 70 I3 (717)243-5551 (800)347-5552 <:) 0 0 c W -n ~ ,:;:) --4 1:1(U n ?~ 'T1 rn f'~ --I Z:J~ , ;-'"1 ZC ..--, S?e,';' .:;,!"-;--' '.,J (to, .--1 -, r::: "T) _.~~ ""'-,;; . d=7' '___ ::,-;:,': co. ("'') ~, . .--':::t m ;;; <:.-- f'...) .,.... :n ~ -< '0 -< MARK A. STUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW LISA M. STUM, : NO. 2002-1532 CIVIL TERM Defendant/Petitioner : IN DIVORCE I rEFENDANT'S MOTION TO COMPEL i ANSWERS TO INTERROGATORIES AND NOW, ~omes Petitioner, Lisa M. Sturn, by and through her counsel of record, Marylou Matas, Esqu*e, files the within Motion and in support thereof, avers as follows: 1. Your Petit oner is the above named Defendant, Lisa M. Sturn, an adult individual currently residing at 29 Chestnut Street, Newville, Cumberland County, I pennsylva~ia. 2. Your ResJondent is the above named Plaintiff, Mark A. Stum, an adult individual I currently rrSiding at 324 Zion Road, Newburg, Cumberland County, Pennsylvania. 3. Responde~t is represented by Carol J. Lindsay, Esquire. 4. On or abtut August 20, 2003, counsel for Petitioner served Interrogatories upon , Responde*t through his counsel, Carol J. Lindsay, Esquire (a copy of said Interrogat~ries being attached hereto and incorporated herein by reference as Exhibit "A"). 5. Responde t has failed and refused to provide the information requested in the formal discovery that has been served upon him in the time period required by the Pennsylv ia Rules of Civil Procedure. 6. Respondent has not moved this Honorable Court to enter a protective Order pursuant to the Pennsylvania Rules of Civil Procedure 4012, nor has he made any objections thereunder. 7. Respondent has not requested or moved for an extension of time in the discovery requests. 8. Respondent's conduct in failing to answer the discover requests is an ongoing effort on his pari to purposely create additional costs and expenses for Petitioner and to thwart her efforts to advance the within divorce proceedings. 9. The only ~ailable means to Petitioner to secure the necessary information that will allow her tb advance the divorce case is through the instant formal discovery. WHEREFORIf, Petitioner requests your Honorable Court to enter an Order compelling Respondent to fully aj:J.d completely answer all Interrogatories within twenty (20) days or suffer an Order being enter~d against Respondent for sanctions and ordering such other relief as the Court deems just and proper. Respectfully submitted, /O/30/oS Date . ct{ atas, E . ire Attorne or Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: /0' ex I-oj , ~~.0 /!4/t71/ LI 1\ M. STUM Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. STUM, v. CIVIL ACTION - LAW J:)efendant : NO. 2002-1532 CNIL TERM : IN DIVORCE LISA M. STUM, DEFEN~ANT'S INTERROGATORIES TO PLAINTIFF , FIRST SET TO: MARKA. STuM c/o Carol J. Lin~say, Esquire Saidis, Shuff, Flbwer & Lindsay 26 West High Street Carlisle, PA 17b13 Pursuant to Perjnsylvania Rules of Civil Procedure 1930.5(b) and 4005, the Defendant propounds the fOllowi*g Interrogatories to the Plaintiff, which must be answered fully, under oath, within thirty (30) ~ys of service hereof. If any answer r~quires more space than follows the interrogatory, attach the Answer( s) as addendum hereto. EMPLOYMENT 1. Please stat~ each and every form of employment in which you have been engaged from Janua~ 1, 2000, to present, including, but not limited to, the following: (a) The naIj1e, address and telephone number of each and every person or entity with whom ~ou are employed; EXHIBIT I "A J\ (g) Each and every income, both cash and non-cash, from any source other than those listed in your answers to the above Interrogatories, including, but not limited to, unemployment compensation, workers compensation, other public welfare benefit, social security benefits, support, dividends, interest, pension, annuity, inheritance, lottery prizes, trust fund accounts, gifts. BANK ACCOUNTS 3. For any and! all financial accounts held from January 1,2000, to present, itemize each and every blink, credit union, or savings and loan association accounts, time deposits, certificates ! of deposit, savings clubs and checking accounts in your name, individually or jointly with others, or in which you have an interest, including the following: (a) The nanite and address of each and every such depositor; (b) The bal~ce in each and every such account on a monthly basis from January I, 2000, t~ the present; (c) The named owner( s) and address( es) under which each and every such account is owned; (d) The present location and custodian of the deposit books, certificates, or other identifyi!ng document for each and every such account. (e) For any: such accounts that have been closed or from which all funds have been withdra~n, identify the account into with the funds were placed from the closed accounti or state how those funds were used. DEBTS 4. List each and every outstanding liability, including the principal amount owed, the name and address of creditor, and the consideration or the debt existing as of May 2000 or created since that time to present: PENSION OR RETIREMENT PLAN 5. Please list each and every pension, profit sharing, 4Dl(k), IRA, or retirement plan to which you, 'your present or prior employer or any other person or entity has contributed do your behalf, including, but not limited to, the following information: (a) The namp and address of the sponsor of the plan; (b) The narr(e and address of the plan administrator; (c) The name and address of the person or entity holding trust, if any, in which the retirement funds are held; (d) The typ~ of retirement or pension (defined benefit, defined contribution, 401(k), profit-s~aring, etc.); (e) All acc(j>unt numbers for each such plan; (f) The daie of your first involvement with the plan; (g) The total amount of contributions made to the plan by you or on your behalf to date; (h) The ampunt of funds invested or contributed in the plan by you or on your behalf during tjhe time of the marriage; (i) The pr~sent value of the account, if different from the amount contributed to the account by you or on your behalf; (j) Any amounts withdrawn or borrowed against the account from January 1,2000, to present; (k) The val~e of the account or benefit earned as of January 1,2002, and at present; VEHICLES 6. For each aM every vehicle in your possession or ownership as of January 1, 2000, state the following: , (a) A desc~iption, including year, of each such vehicle; (b) Your estimated value of each such vehicle; (c) The da* of purchase or receipt of said vehicle, the cost or value of the vehicle at purchas~ or receipt, and the name of the seller or transferor ofthe vehicle; i (d) The sOl1rce of funds for the purchase of each such vehicle; (e) The pr~sent whereabouts of each said vehicle; REAL ESTATE 7. List each and every parcel of real estate in which you have any legal or equitable interest or in which you are beneficiary of a trust with respect to each such parcel state: (a) Your estimated fair market value of the property; i , (b) All nanjed legal or equitable owners of the property; (c) All enc~mbrances on the property as of January 1,2002; LIFE INSURANCE 8. Please list each and every life insurance policy on the life of Mark A. Sturn, including, but not limited to, the following information: ( a) The name and address of the policy holder; i (b) The naJine and address of the insurance company; (c) The nalne and address of the beneficiary(ies); (d) The cash value as of the date of marriage, date of separation, and present. , PERSONAL PROPE~ 9. , Please list Itn personal property in the home at the time of separation including, but not limited ~o, household goods, furnishings, and appliances, including; (a) Identif)1 each such item; (b) I I Your ehimated current value of such property; and ! (c) The present location of such property. MISCELLANEOUS 10. What do ydu believe to be the date of final separation from your wife, Lisa M. Sturn? 11. List all property of any nature previously in your possession that you have transferred to others sip'ce January 1, 2001, identifying; (a) The nature of the property; (b) The in~ividual or entity to whom the property was given; 12. (c) Any compensation, monetary or otherwise, received for such property; and (d) The date of the transfer. Please sta* the total amount of cash in your possession at the time of separation and if that tota1 amount is not in your possession at this time, identify: (a) the in4ividual or institution to whom the cash was given; (b) any prqperty received for such cash; and (c) date ofitransfer Respectfully submitted, jV UJ1 Mary - tas, Es cire Attorney tl: Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARK A. STUM, v. : CIVIL ACTION - LAW Defendant : NO. 2002-1532 CIVIL TERM : IN DIVORCE LISA M. STUM, CERTIFICATE OF SERVICE I certify that I isent a true and correct copy of the Defendant's Interrogatories to Plaintiff at the following addre~s by first class mail, postage prepaid on August L, 2003. ! MARK A. STUM c/o Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Date: 5-2D 03 /}V u./u.0l-"- ;l'1- 'a/) Mary r~tas, Esquire . Attorney fmJDefendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 : B c: z: "'TJlT7 nlr-~! :~::-~ zr-'- c.iJ)::' -<~ !;:C) ~(') ~-C'l >c Z ~ C, L0 o -" --j .~ ;:] -t"t'!) (:j(l~ (2,'''')5 (::5,'q --..1 1> XI -< :::> ';-:--') -... t,~ .....J ~:; s:- c.., MARK A. STUM, Plaintiff v. LISA M. STUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 02-1532 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of November, 2003, upon consideration of Defendant's Motion To Compel Answers to Interrogatories, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ".e'arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ..Marylou Matas, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, J > ~;:~ R)\5 11-0.5 -0.3 'V\N'iK\J-SNN:ld }J.Nf':OCl nt'.Io"1'rI]SifIli1;) '1S:2 \4d s- ;\D\1 t,G ^'d110i;'.)rU,::c'2 ::\\. -jO :l~\:l~O-ml\.:~ MARK A. STUM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA M. STUM, NO. 2002-1532 CIVIL TERM Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the _1!ttday of December, 2003, cause a copy of Defendant/Petitioner's Motion to Compel and related Order of Court dated November 5, 2003, to be served upon PlaintiffiRespondent's attorney of record by first class mail, postage prepaid at the following address: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 DATE: /2/8/(jj /~1 n) C<t<..-n1 cr.k Ma~Q/,;ktas, Esqu~e Attorn;;;'9 Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 (}) !~~ ),. ;;>"'.: $! ~-- .,::- C' s/ r;;j- -~: .:::; (.- ....,; ~ SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA MARK A, STUM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, CIVIL ACTION - LAW NO, 2002 - 1532 CIVIL TERM LISA M, STUM, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed September 8, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsitication to authorities. Date: illsle? ~ "MaJ.. Mark A. Sturn, Plaintiff WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER* 3301 (e) OF THE DIVORCE CODI'; 1. 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 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 Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 4904 relating to unsworn falsification to authorities Date -1-f /'S J {} 5- MJ~_ Mark A, Sturn. Plaintiff ,..--) ~l" __I. -.,- - ~::, ," ::>] ~'." ,-.--, .> ~":.. -~ i>: \'':'; ...-" MARK A. STUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 1532 CIVIL LISA M. STUM, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /2 (? ;;! ,if day of .I-r~l 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 18, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~arol J. Lindsay ~ Attorney for Plaintiff .. A1~rylou Matas v Attorney for Defendant ~ /-:/fl'1 Geert'l . J. as:j ~\~ ';J ~,!,.~'d rnn7 (, '. '." ~ :J....uv MARK A. STUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 -1532 CIVIL TERM V5. LISA M. STUM, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this I q day of ~. 201. ..l BETWEEN Mark A. Stum of 324 Zion Road, Newburg, Cumberland County, Pennsylvania, 17240 hereinafter referred to as Husband, AND Lisa M. Stum, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, August 6,1983, at Newburg, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County. Commonwealth of Pennsylvania, to Number 2002 1532, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from 1 'r time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain tract of land at 324 Zion Road, Newburg, Cumberland County, Pennsylvania, the marital home. The home is encumbered by no mortgage. Upon payment by Husband to Wife the amount set out in paragraph 7 below, Wife will provide to Husband a special warranty deed transferring to him all her right, title and interest in the marital home. Husband shall be solely responsible for all household expenses including, but not limited to, utility bills, insurance and real estate taxes in connection with the marital home. With regard to all such expenses, Husband hereby holds Wife harmless and indemnifies her from any loss thereon. Wife waives any interest she may have in the Memorial Garden gravesites owned by the parties and to the vault purchased during the marriage. Within 10 days of presentation to her of any transfer documents r8{juired by Memorial Gardens, she will execute such documents and retum them to Husband's counsel. (4) DEBT: A. MARITAL DEBT: The parties acknowledge and agree that there is no outstanding debt or obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. ~ The parties warrant that they have provided to each other full disclosure of any such joint obligations. Husband shall pay any obligations in his name and Wife shall pay any obligations in her name. 2 , B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on January 13, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within 10 days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss ther.eon. Husband will retain 1987 Ford Pickup Truck and Wife will retain the 1997 Honda Accord SE. Within 10 days of the date of this agreement each party will execute any documents necessary to have said vehicles registered in the other party's narne with the Pennsylvania Department of Transportation. The parties will deliver certificates of title to Sollenberger's Messenger Service Inc. of Carlisle, Pennsylvania, process the transfer and will promptly co-operate with Sollenberger's to appear and execute titles and any other documents necessary. Each party will be solely responsible for the payment of the cost of the transfer of the vehicle he or she is to receive. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto rnutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This 3 agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, iricluding, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Within 45 days of the date of this agreement Husband will pay to Wife $80,000.00. Wife waives any right, title or interest she has in Husband's Ahold pension plan. The parties each will retain their own bank accounts, Husband's at Farmer's National Bank and Wife's at PNC. (8) CHILD SUPPORT: Support of the parties child, Kara M. Stum, born September 12, 1986 is governed by an order of support entered to the docket number 00064S 2002. Husband shall rnaintain health insurance on the child past the age of 18 for so long as it is available through his employer at a reasonable cost until such time as the child is no longer enrolled in school or an institution of higher education. Husband's obligation to provide health insurance for Kara is subject to the terms and conditions of Husband's employer's health insurance prograrn. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties' hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Mary Lou Matas, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily 4 after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) 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. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty 'Dr expense shall be paid solely and entirely by the individual who is finally det~rmined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in BankruptC':y and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement includingJ' alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and 5 income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; 6 , E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the 7 Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: f/JM~ , l' ,""" / 1,' U./u-lt(,^- It (~) '..,~' .. \ ,~ HJ.~ Ma~~. A. Stum ~.. .;) ,0..-:/..(2 7/J / /r /' - Lisa M. Stum ., 8 MARK A. STUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs, CIVIL ACTION - LA W NO, 2002 - 1532 CIVIL TERM LISA M STUM, Defendant IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed September 8,2003. 2. The marriage of plaintiff and defendanr is irretrievably broken and ninety days have elapsed rrom the dale of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Aftidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsitlcation to authorities. Date L; - ~J - (\ '5 ,/ 1 / . - I' i i 'J/! i~.t ~.Wo.. /I! /{ ll! ? J C Lisa M. Sturn, Defendant / WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY Of A DIVORCE DECREE UNDER~ 3301 (e) OF THE DIVORCE CODE 1. 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 if I do not claim tlJern 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904 relating to unsworn falsification to authorities Date: 4 (' 1 U t- .~ L'. ., .' /') (m" _.~.-'~' ,1 " /, .y>;Z ;>/1/. '. f . ./.'/)./, . ~ ,~.{ . ~jJ;LL /. v Lisa M. Sturn. Defendant .' \""-' -,- - ~ r--!- I . . MARK A. STUM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 -1532 CIVIL TERM Plaintiff V5. LISA M. STUM, Defendant IN DIVORCE MARITAL. SETTLEMENT AGREEMENT , THIS AGREEMENT made this I ~ day of ~, 201. IBETWEEN Mark A. Stum of 324 Zion Road, Newburg, Cumberland County, IPennsylvania, 17240 hereinafter referred to as Husband, AND Lisa M. Stum, of ICumberland County, Pennsylvania, hereinafter referred to as Wife. I RECITALS: , R.1: The parties hereto are husband and wife, having been joined in marriage i pn, August 6,1983, at Newburg, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of ~umberland County. Commonwealth of Pennsylvania, to Number 20021532, Civil Term; ~nd , R.3: The parties hereto desire to settle fully and finally their respective financial 6nd property rights and obligations including. but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, ~Iimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable j:;onsideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from 1 'r T. ," time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the !interference, authority or contact by the other as if he or she was single and unmarried !except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably ibroken and that they will secure a mutual consent no-fault divorce decree in the above- :captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said ! ' divorce. (3) REAL PROPERTY: The parties are the owners of certain tract of land at 324 7ion Road, Newburg, Cumberland County, Pennsylvania, the marital home. The home is ncumbered by no mortgage. Upon payment by Husband to Wife the amount set out in aragraph 7 below, Wife will provide to Husband a special warranty deed transferring to im all her right, title and interest in the marital home. Husband shall be solely responsible for all household expenses including, but not imited to, utility bills, insurance and real estate taxes in connection with the marital home. With regard to all such expenses, Husband hereby holds Wife harmless and indemnifies er from any loss thereon. Wife waives any interest she may have in the Memorial Garden gravesites owned ~y the parties and to the vault purchased during the marriage. Within 10 days of ~resentation to her of any transfer documents re(juired by Memorial Gardens, she will xecute such documents and return them to Husband's counsel. (4) DEBT: A. MARITAL DEBT: The parties acknowledge and agree that there is no utstanding debt or obligations which are marital or for which the other might be liable ncurred prior to the signing of this Agreement. ~ The parties warrant that they have rovided to each other full disclosure of any such joint obligations. Husband shall pay any obligations in his name and Wife shall pay any obligations in her name. 2 , ;, B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on January 13, 2002, the party who iincurred said debt shall be responsible for the payment thereof regardless of the name in !which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall !contract or incur any debt or liability for which the other party or his or her property or lestate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. I (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he r she may have to any and all motor vehicles currently in possession of the other party. v'Vithin 10 days of the date of this agreement each party shall execute any documents ecessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of ny encumbrance on the motor vehicle received by said party, and shall hold harmless nd indemnify the other party from any loss ther.eon. Husband will retain 1987 Ford )ickup Truck and Wife will retain the 1997 Honda Accord SE. Within 10 days of the date of this agreement each party will execute any ocuments necessary to have said vehicles registered in the other party's name with the ennsylvania Department of Transportation. The parties will deliver certificates of title to ollenberger's Messenger Service Inc. of Carlisle, Pennsylvania, process the transfer and ill promptly co-operate with Sollenberger's to appear and execute titles and any other ( ocuments necessary. Each party will be solely responsible for the payment of the cost f the transfer of the vehicle he or she is to receive. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree hat they have effected a satisfactory division of the furniture, household furnishings, ppliances, tools and other household personal property between them, and they nutually agree that each party shall from and after the date hereof be the sole and eparate owner of all such property presently in his or her possession whether said roperty was heretofore owned jointly or individually by the parties hereto. This 3 >, !agreement shall have the effect of an assignment or bill of sale from each party to the iother for such property as may be in the individual possession of each of the parties Ihereto. i (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, , Ibut not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Within 45 days of the date of this agreement Husband will pay to Wife $80,000.00. Wife waives any right, title or interest she has in Husband's Ahold pension plan. The parties each will retain their own bank accounts, Husband's at Farmer's National Bank and Wife's at PNC. (8) CHILD SUPPORT: Support of the parties child, Kara M. Stum, born 3eptember 12, 1986 is governed by an order of support entered to the docket number 0064S 2002. Husband shall maintain health insurance on the child past the age of 18 or so long as it is available through his employer at a reasonable cost until such time as he child is no longer enrolled in school or an institution of higher education. Husband's bligation to provide health insurance for Kara is subject to the terms and conditions of -iusband's employer's health insurance program. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income ~nd assets satisfactory to his and her own reasonable needs. Each party waives any ( 'aim he or she may have one against the other for alimony, spousal support or alimony nd alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has een notified of his or her right to consult with counsel of his or her choice, and have been rovided a copy of this agreement with which to consult with counsel, Husband is epresented by Carol J. Lindsay, Esquire and Wife is represented by Mary Lou Matas, squire. Each party acknowledges and accepts that this agreement is, under the ( ircumstances, fair and equitable, and that it is being entered into freely and voluntarily 4 . "~I latter having received such advice and with such knowledge as each has sought from icounsel, and the execution of this agreement is not the result of any duress or undue , \influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. I (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, ~t 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. I (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both Jarties agree that in the event any deficiency in Federal, state or local income tax is Jroposed, or assessment of any such tax is made against either of them, each will ndemnify and hold harmless the other from and against any loss or liability for any such ax deficiency or assessment and any interest, penalty and expense incurred in I-onnection therewith. Such tax, interest, penalty 'or expense shall be paid solely and ntirely by the individual who is finally detNmined to be the cause of the nisrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this ~greement shall not be dischargeable in BankruptC':y and expressly agree to reaffirm any nd all obligations contained herein. In the event a party files such bankruptcy and vursuant thereto obtains a discharge of any obligations assumed hereunder, the other arty shall have the right to declare this Agreement to be null and void and to terminate t is Agreement in which event the division of the parties' marital assets and all other ights determined by this Agreement includingi' alimony shall be subject to court etermination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is f3miliar with, the wealth, real and personal property, estate and assets, earnings and 5 >~I " income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and Icomplete disclosure to the other of his and her entire assets, liabilities, income and lexpenses and any further enumeration or statement thereof in this Agreement is !specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this I Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party ereby releases the other from any and all claims, or demands up to the date of xecution hereof. It is further specifically understood and agreed by and between the arties hereto that each party accepts the provisions herein made in lieu of and in full ettlement and satisfaction of any and all of said party's rights against the other for past, resent and future claims on account of support, maintenance, alimony, alimony endente lite, counsel fees, costs and expenses, equitable distribution of marital property nd any other claims of the party, including all claims which have been raised or may be aised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically rovided in this Agreement, Husband and Wife, for themselves, their heirs, epresentatives and assigns, each hereby forever releases, remises, discharges and ~uitclaims the other, and such other's heirs, representatives, assigns and estate, from nd with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions nd expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, hether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature f courtesy and dower; D. All widow or widower's rights; 6 .,-' r ., E. All right, title, interest or claim in or to the other's estate, whether now \owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or n connection with the marital relationship or the joint ownership of property, whether real, ersonal or mixed; H. All rights, claims, demands, liabilities and obligations arising under he provisions of the Pennsylvania Divorce Code, as the same may be amended from ime to time, and under the provisions of any similar statute enacted by any other country, tate, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, r may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of he Commonwealth of Pennsylvania. If any provision of this Agreement is determined to B,e invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties hall recover a final judgment or decree of absolute divorce against the other in a court of ompetent jurisdiction, the provisions of this Agreement may be incorporated by ference or in substance but shall not be merged into such judgment or decree and this greement shall survive any such final judgment or decree of absolute divorce and shall e entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this greement, he or she shall be responsible for any and all costs incurred to enforce the 7 l..: Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for [damages for such breach or to seek such other and additional remedies as may be :available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire [understanding between the parties and there are no covenants, conditions, irepresentations, or agreements, oral or written, of any nature whatsoever, other than , those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall rind the parties hereto, their respective heirs, executors and assigns. I I IN WITNESS WHEREOF, the parties hereto intending to be legally bound have fereunto set their hands and seals the day and year first written above. , ~ITNESS: 1 eMiL)JJJ~ j .. '" _ ,1;,' --.- ';" /,!'" . . t'e' c: '" i' \ (i/l",,) i HJ.~ Mark-A Stum . 7 ./) \:.-I.:.?CG / / /, - . ; , / vl7/;/?! / Lisa M. Stum ~J 8 n ...., C) <= C~ c:.:: -1"1 u' - .-4 ..>- ~x -< en I W ::-:~'lO , :;'-;0:: , ;"1 VJ --, U1 ~D ~-::.. 0-' .-< .",-~~,~-,~",,, SAlOIS SHUFF, FLO R & LINDSA AITORNEYS.ATeLA 26 W. High Stre t Carlisle, PA I' MARK A. STUM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 2002 - 1532 CIVIL TERM LISA M. STUM, 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 3301 (c) 3301 (d) (1) of the Divorce Codc. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certificate of Service on Lisa M. Stum, certified service, dated April 24, 2002 and filed with on April 24, 2002 (copy attached) 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff: April 18, 2005 : by defendant: April 8, 2005 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related Claims pending: None: The terms of the Prooertv Settlement and Seoaration Aareement of Aoril 18. 2005 are incoroorated but not meraed into the Decree in Divorce 4. 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: April 20, 2005 Date defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: April 22, 2005 ,. '~.... / Carol J. Lipdsay, ire SupremEtCourt! 44693 Saidis, ShUff, Flower & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff c: s;- ....' = .:::::J c..... ~_..~ ...;:;, -,,: , w -'11' \.0 1.)1 0.' - '+i:+;;f;;f;ffffffffff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+; ff ff . .. ;f.ff:f.<+i't:ffff +ff~ff~++ffffffffffffff~++ffffff~'t:++'t:+ff~ff+++++++ff+ff++ff+ff++'t:+++'+i+++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Ml\.RK A. STUM Plaintiff No. 2002-1532 VERSUS LISA M. STUM Defendant DECREE IN DIVORCE AND NOW, M~ 12... /.1)1),'-,-, IT IS ORDERED AND DECREED THAT Mark A. Sturn . PLAINTIFF, Lisa M. Stum . DEFENDANT, AND 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; None: The terms of the Marital Settlement Agreement of April 18, 2005 are incorporated but not merged into the Decree in Divorce ATTE OTHONOTARY . . + "" + + +. + T. "" "" + +' +' ++ +:-I'++:-I'+++:-I'+:-I''+' . . H +:-I''+'+ ff++ff++++++++++++++++++++ J. t:~ f,ir/;z '1J'~'n/)1 7~'7U, q~?~'-'12";7..7.' ~v"-1"'.4l ,Y.'9 )/ fl...>- ,,}. 2:- '1 /" I .~-