HomeMy WebLinkAbout02-2778
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W, High Street
Carlisle. PA
Kimberly D. Stum,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2002 - 27'1 f'
CIVIL ACTION - LAW
IN DIVORCE
CIVIL TERM
Donald L. Stum,
Defendant
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 counselling. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, High and Hanover
Street, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: JU./11A--- S; 2- D 0 2-
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-UW
26 W. High SIr..t
Carlisle. PA
Kimberly D. Stum,
Plaintiff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2002 - ,;I. '7'7 Ff
CIVIL TERM
Donald L. Stum,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301 (c)
OR 3301(d) OF THE DIVORCE CODE
1, Plaintiff is Kimberly D. Sturn, who currently resides at 3947 Orrstown Road,
Orrstown, PA 17244, Franklin County, Pennsylvania.
2, Defendant is Donald L. Sturn, who currently resides at p, O. Box 31, Newburg,
Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4, The Plaintiff and Defendant were married on November 13, 1982 in Newville,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties,
6. The Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling, Having been so advised Plaintiff does not desire the Court to order counseling.
7, The marriage is irretrievably broken,
WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce,
Respectfully submitted,
Date: Jv.,v 5/ ? 0::>.....
AY
By:
J04J. Kope y, Esquire
S eme Count ID #53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for the Plaintiff
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEY$eAT.LAW
26 W, High Street
Carlisle. PA
AFFIDAVIT
I, Kimberly D. Stum, being duly sworn according to law, depose and say:
(1) I have been advised of the availability of marriage counselling and understand
that I may request that the court require that my spouse and I participate in counselling,
(2) I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
(3) Being so advised, I do not request that the court require that my spouse and I
participate in counselling prior to a divorce decree being handed down by the court,
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,
Dated: ~ ~, cOD L....-
p
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'ITORNEYS.AT.UW
26 W. High Street
Carlisle. PA
VERIFICATION
I verify that the statements made in this Complaint 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,
Dated:
~, 5, ?t>cn...
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEVS.AT-LAW
26 W. High Street
Carlisle, PA
CERTIFICATE OF SERVICE
On this 1-lfrray of (}1VJtV, 2002, I, Adele Group, hereby certify that I
{/
served a true and correct copy of the foregoing Divorce Complaint via United States
Mail, certified, return receipt requested, postage prepaid, addressed as follows:
Mr. Donald L. Sturn
PO Box 31
Newburg PA 17240
SAlOIS, SHUFF, FLOWER & LINDSAY
By:
fllelv cjf.,~
Adele Group
1,.1.,.,"
0 0 ~
~ N
...Jlt C- .....
(Bed c :.:r.: ::n
~ f"n ~ rl'":,
5:? ~ :0 I i3~
~~.
0" -.j
, . , ...,.::
:\i: 1- ~ f''::,-, ~ :',;!=f\
'<~ ~ (~_.
~o ,,' (")
~o - om
..... ...... ~ c: .. -~
~ vJ ~ N ~
\I) -.I -<
€' Jt
~ -0 @)
~
~...,
~ll!L'.,\,.II~
_II/fill:l::;,:'", .;~,I.'_~ "'"
:t;;~,;;~.
.
,,'-., ';;L""'i
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYSeATeLAW
26 W. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CNIL ACTION - LAW
No. 2002-2778
P ACSES No, 1'fS-/O~'rrr
(In Divorce)
ORDER OF COURT
AND NOW, tlJjs~daY of "-fl,1"-j , 2003, upon consideration of the
attached Petition for Alimony Pendente ~ite, and because there is already a conference
scheduled at the same date and time with regard to spousal support, it is hereby directed that
the parties and their respective counsel appear before Conference Officer, Rickie Shadday, on
May 12, 2003, at 9:00 a.m., at Cumberland County Domestic Relations Office at 14 North
Hanover Street, Carlisle, Pennsylvania, for a conference, after which the conference officer
may recommend that an Order for Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's
as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this Order, completed as
required by Rule 1910.11(c)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court
may issue a warrant for your arrest.
Date of Order: MAY - 2 200r
-....1
}f
Ii
t,r
<lonference Officer
(] Rl6
Vli\i'\fAlASNN3d
,uNnOC) r;\,I\nt,i:)0~'\1no
S! : tj i'l d ~ -~ A :i/ >J ;~ 0
AbVlC:: "..
j:JL:I.:,:Cj.. :j~l"
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATlURNEYSoAToLAW
26 W, High Street
Carlisle, P A
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE
CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the Court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the Court. You must attend the
scheduled conference or hearing.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYSoAToLAW
26 W, High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLYD. STUM,
Plaintiff
CNIL ACTION - LAW
v.
No, 2002-2778
PACSES No. Irc;/b9f)f
DONALD L. STUM,
Defendant
(In Divorce)
PETITION FOR ALIMONY PENDENTE LITE
AND NOW, comes Petitioner, Kimberly D. Sturn, by and through her attorneys,
Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court for an award of alimony
pendente lite pursuant to Section 3702 ofthe Divorce Code (23 P.S. Section 3704):
1, The parties hereto are husband and wife, having been joined in marriage on
November 13, 1982.
2. The parties separated on or about November 1, 2002.
3. Petitioner lacks sufficient property to provide for her reasonable needs and is
unable to support herselfthrough appropriate employment.
4. Petitioner requires reasonable support to adequately maintain her during the
pendency of this divorce action in accordance with the standard of living
established during the marriage,
5. Respondent is financially able to provide for the reasonable needs of the
Petitioner.
WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite
in an amount equal to the Pennsylvania State Support Guidelines.
Respectfully Submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYSoAToLAW
26 W, High Street
Carlisle. PA
VERIFICATION
I verify that the statements made in this Petition for Alimony Pendente Lite 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,A. Seciton 4904 relating to
unsworn falsification to authorities.
Date: 1-.30 -oj
o
c
$::
"'OCL'
[Dr,-;
L-.::1,
2'
(j)}:
r~E::~
~r
L- C'-,
>~
~
c'
(..)
o
-n
-'tI_
.. "'"'.
~;;:..
--.-.',
-,
F:'5
f0
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSoAToLAW
26 W. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLYD. STUM,
Petitioner
CNIL ACTION - LAW
v.
No. 2002-2778
PACSES No. 145105458
DONALD L. STUM,
Respondent
(In Divorce)
CERTIFICATE OF SERVICE
AND NOW, this 7th day of May, 2003, I, Lindsay Gingrich Maclay, Esquire, hereby
certify the following person was served with a True and Correct copy of the Petition for
Alimony Pendente Lite filed with regard to the above-referenced matter and the May 2, 2003
Order issued by R. J, Shadday with regard to same. The Petition and Order were mailed on
May 2,2003, via Certified and regular mail, but actual service took place on May 5, 2003, by
Defendant signing for a copy of the Petition and Order which were mailed in the United
States Mail, Certified Mail- Return Receipt Requested, Restricted Delivery, Postage Prepaid,
addressed as follows:
Mr. Donald Sturn
P,O. Box 31
Newburg, Pennsylvania 17240
A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and
by reference incorporated herein and made a part hereof. Additionally, a copy of the
Certificate of Mailing is attached hereto as Exhibit "B" and by reference incorporated herein
and made a part hereof.
Respectfully Submitted,
By:
SAlDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Petitioner
Exhibit "A"
0-
I"'-
I"'-
m
IT'
::r
I:CJ
IJ")
~.3D
1.1S
:3sD
$ ~ }
Sf} ~ f '~ ,.., J S\u. rv: ................,........,.......
~~~~:~~r~~-I~T{lJ.....-
. .
Postmark
Here
r-'l
CJ
CJ
CJ
iifled Fee
CJ Retum eceipt Fee
..D (Endorse Required)
I:CJ Restrfcled livery Fee
CJ (Endorsement Required)
Total Postage & F_
ru
CJ
CJ
I"'-
I
( (,~1F'f ['[ "il'-, .[( 7/('(, ')~! OI/lll (,',
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted DeliverY is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addl'8Ssed to:
x
-0 Agent
o Addressee
B,~vedi(~Name) C. 5~~3iVery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
~o.ld S~YVJ
PO \ Bo'{ 3 t
NCL c0~,\ ~
\
l'lcJt/O
3. Se.!;lIie'e Type
1!1'" Certified Mail 0 gpress Mail
o Registered l8"Retum Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) es
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
7002 08bO 0001 5849 3779
Domestic Return Receipt
1 02595-02-M-l 035
. '
Exhibit "B"
U,S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERN'" nONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received F~aidis. Shuff. Flower & Und
Attorney~ at Law
Pi7,7)n;;a;;;dt~
fO~OX .3/ =
AJw) w~ fA- / ~ IJ
PS Form 3817, January 2001
",'6 ",'
(/S~l,,~
'c' 0..'.
~c..c
cbc::J
(0
UI
~~
~~
s...
l;\~
:J: n c:\
:D :0 '
:0-< :D Vl
:J: -r-o.
OO-..J~:D
CNO(/)t-I"""C
z. -roo
-t.wrn Vl
c:>. -t
W -0 :0
:0 C'l
rn
( ) (" r-,
~ '::rl
~,~ ::1': :~
l ~ "1J ~_'J
r,-
, , '~
4"
.,~,~
0 .._-....
~-~ . ,
j; 0
~
,)
';' ~
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
VS, ) PACSES Case Number 145105458
DONALD L, STUM JR )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
21ST DAY OF MAY, 2003
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
Alimony Pendente Lite Petition filed on
MAY 1, 2003
in the above captioned
matter is dismissed without prejudice due to:
THE PLAINTIFF HAVING AN OBLIGATION OF CHILD SUPPORT AND THE CHILD SUPPORT
OBLIGATION OFFSETTING THE ALIMONY PENDENTE LITE AWARD PURSUANT TO RULE
1910.16 -4 {e} ,
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Lindsay Gingrich Maclay, Esquire
Carol Redding, Esquire
BY THE COURT:
JUDGE
Service Type M
Form OE-506
Worker ID 21005
()
~
s..
~O:'
q;:t;
~F.J,:
zr-
"(f'.2) ~~..
i'"'
~-
~n
'2:0
~c:
z
:2
f" -.::;f ('-) (..} \~?: f
~,
o
w
~
~
:....c
N
C,;.)
o
-n
,.....
-0
:Jt
'-,1
F:::
.-.f'n
hQ
':~~i),
,-~.~
,j(-,
::S,n
---.,
-.,.,.
~
::<
N
..
:...>
\0
KIMBERLY D. STUM,
Plaintift7Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
VS.
CIVIL ACTION - DIVORCE
DONALD L. STUM, JR.,
Defendant/Respondent
NO, 2002-2778 CIVIL TERM
IN DIVORCE
Pacses# 145105458
NOTICE OF RIGHT TO REQUEST A HEARING
The parties are hereby advised that they have until JUNE 2. 2'003 to request a hearing do novo
before the Court. File request in person or mail to:
Office of the Prothonotary
1 Courthouse Square
Carlisle, PA 17013
KIMBERLY D. STUM,
P laintiffi'P eti ti oner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAN)) COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - DIVORCE
DONALD L, STUM, JR"
Defendant/Respondent
NO. 2002-2778 CIVIL TERM
IN DIVORCE
Pacses# 145105458
DEMAND FOR HEARING
DATE OF ORDER: May 21, 2003
AMOUNT: N/A
FOR: Dismissal of Alimony Pendente Lite Petition
REASON(S):
Plaintiff. Kimberly Stum. believes that the ficrures used to compute her income
were incorrect. Additionally, Plaintiff belie'~s that pursuant to Pa.R.C.P.
19l0.l6-6(e) and to Support Master, Michael Rundle's Report and Recommendation in
DeSoma v. Nemec, she is the obligee in this case, Mr. Stum's mortgaqe obligation
should not be used when factoring the offset :Ii::>r APL and therefore she should be
entitled to Alimony Pendente Lite.
P ARTY FILING DEMAND FOR HEARING:
_l;jjrmia1.1yJ). ~
Signature /' Date
6-- ~~g-123
(")
c
~
r..... '"'U co
I.J mrn
~. Z :JJ
'-J z c;:
~~ en L"
-<'
~ S ~t..
1---."-\- ~ C:"
'-.J Z c.
J::::> 5> ='.,
L-
a z
=<
~ J
~,
..
o
w
:x
::-
-<
N
'-0
-'0
::.f;:
c:?
~
=1!
II" jJJ
-,...,m
-"jO
i"') 1.
:3 ~?
L.."
()o
~~m
o
~
:n
-<
\0
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket "lumber 02-2778 CIVIL
Plaintiff )
vs, ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other Scate ID Number
ORDER OF COURT
You,
DONALD LEE STUM JR
plaintiff/defendant of
109 S WATER ST, PO BOX 31, NEWBURG, PA. 17240-0031-31
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
You are further required to bring to the hearing:
o
(")-.,
Co
3::0
co:r'"
P1fT'1-
~U)r-
r_o
:z:C")o .c
I. a true copy of your most recent Federal Income Tax Return, mcluding w~~a; fil~
2. your pay stubs for the preceding six (6) months, g~~
2O~ 00
3. verification of child care expenses, and --l Q ..
-<20 0
4. proof of medical coverage which you may have, or may have available to y6li 0
5, information relating to professional licenses
6. other:
at 10: 30AM for a hearing.
-
=
=
.....
AUGUST 5, 2003
Service Type M
Form CM-509
WorkerID 21302
, .
',,'It''_,
, '.- -~;,' ,", ~'~E &-"-~ ci
:-:::? l,_: '",-. . j. .
','
.
()
~
<
-00:
rnr-r
z"'C.
~~~-,
~.....
::!;c
"'-(....
'" -'
.,.l-"~~
~::..-
:.:.;;
<::>
'-',
,
5
,
.~.
"1.]
N
:JI
10
- ,
o
"fl
,
--:r"'71
l~J
,
C)
",
-n
c::S
CT1
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
vs. ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State ID Number
ORDER OF COURT
You,
KIMBERLY DIANE STUM
plaintiff/defendant of
767 GREENSPRING RD, NEWVILLE, PA. 17241-9660-67
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
AUGUST 5, 2003
at 10: 30AM for a hearing.
.....
=>
=>
.....
:z:
You are further required to bring to the hearing: 0 i::
/o;;:;::::l )>
I. a true copy of your most recent Federal Income Tax Return, including W -~ llIS1filed,
C:::~M
2. your pay stubs for the preceding six (6) months, z~ Q?
......0
3. verification of child care expenses, and -< ~ g
4, proof of medical coverage which you may have, or may have acvailable to you
5. information relating to professional licenses
6, other:
Service Type M
Form CM-509
Worker ID 21302
STUM
v. STUM
PACSES Case Number: 145105458
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: ~S
~~~
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATIa~
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2
Form CM-509
Worker ID 21302
Service Type M
2 CJ 0
W -n
:7 '- ""_I
,~
C?J cr' r:': '-i"':
[' ~.t: em;';
...-~. \-1'1
Zf .-' C)
U1~ L
.( " (.-)
~(- -'0 \-~ "}3
~C ';; n
. k(-- i":-J '~2l ,,1
';PC
-/ 'J' ""T;""
. ~C-\ ~
. .-<. (..;I
.~>C~,8, n-n,.e,ct
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
vs, ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State ID Number
ORDER OF COURT - RESCHEDULE A HEARING
You,
DONALD LEE STUM JR
of
109 S WATER ST, PO BOX 31, NEWBURG, PA. 17240-0031-31
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
on the 13TH DAY OF AUGUST, 2003
at 1: 30PM for a hearing. This date replaces
the prior hearing date of AUGUST 5, 2003
I, a true copy of your most recent Federal Income Tax Return, including W-
2. your pay stubs for the preceding six (6) months, ,..,
3. the Income and Expense Statement attached to this order as required by RuIe 19,-- ~c).
~'--i W
4. verification of child care expenses. and ~~i3 ..
5. proof of medical coverage which you may have, or may have available to you 'z;; -&-~
6. information relating to professional licenses
7, other:
G
r-:.....,
~C)
..,,(:)
;:D:r-"
":lr"Tlr=
~~/l1
.....
=
=
......
You are further required to bring to the hearing:
Service Type M
Form CM-514
Worker ID 21302
a V1"i"1: e cf<~
VINVr\1/,SNN3d
r "'(l'''''' (''',,, ("'I '~r"Mn""
1\.'..)',' i,f,.) . ,u......."",~it!l~ IV
uS :Z:d 111i1lr EO
A!:rllL:', ",
38!~~!C'.-c;:,] :'.j
, I"
~.~ .J\.)
STUM
V. STUM
PACSES Case Number: 145105458
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order ill your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated th,~ support action.
BY THE COURT:
Date of Order: J ~c. Cl '6-~
L
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY A1TEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2
Form CM-514
Worker ID 213 02
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
vs. ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State ID Number
ORDER OF COURT - RESCHEDULE A HEARING
You,
KIMBERLY DIANE STUM
of
767 GREENS PRING RD, NEWVILLE, PA. 17241-9660-67
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
on the 13TH DAY OF AUGUST, 2003
at 1:30PM for a hearing. This date replaces
the prior hearing date of AUGUST 5, 2003
;:? ~
041 ~
You are further required to bring to the hearing: co
,,":~'.o~ 'e
;":1]>_ ~
I, a true copy of your most recent Federal Income Tax Return, including W-2~\'lied, _ /
--<0 0
2. your pay stubs for the preceding six (6) months, ~ /-
3. the Income and Expense Statement attached to this order as required by Ru1e :~~~
4. verification of child care expenses, and ~~ '-d
5. proof of medical coverage which you may have, or may have available to you 5-0 =6- r->
6. information relating to professional licenses --<. t, ~
7, other:
Service Type M
Form CM-514
Worker ID 21302
VIf\.fV;\l;\SNN:id
'l^'r"",.,,' ~1 ."-'",' d'-I, _,-.,..." ?'/'""'I""\
/\,. l'ii ",I. '; "I>-""~~ vi 11,,1
Of.: :Z ;'d r I tii1f' CO
^ttvl~,~; i... :10
.
.
:::;c:anned
STUM
V. STUM
PACSES Case Number: 145105458
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order agaillSt either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: ~ tAh(.. " '} 0 b ~
, ~_d
'-" C/4- ..
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND co BAR ASSOCIATION
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodatiollS available to disabled individuals having business
before the court, please contact our office at: (71 7) 240 - 6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of2
Form CM-514
Worker 1D 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
vs. ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State ID Number
ORDER OF COURT
You,
DONALD LEE STUM JR
plaintiff/defendant of
109 S WATER ST, PO BOX 31, NEWBURG, PA. 17240-0031-31
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
SEPTEMBER 16, 2003
at 9 : OOAM for a hearing.
You are further required to bring to the hearing:
.....) r--o
c: .; c."
1. a true copy of your most recent Federal Income Tax Return, including W- s:=lifiiled, e::
C!-?-;-j
2. your pay stubs for the preceding six (6) months, - -"'if'''
3. verification of child care expenses, and ,,--
4, proof of medical coverage which you may have, or may have available to YOU::i~'~_'
~ ,.
5. information relating to professionailicenses ,~::-: c=i
".",701
6, other: ie, =-1
':.-)
CP.
-'~U)
r
o
Service Type M
Form CM-509
Worker ID 21302
STUM
v, STUM
PACSES Case Number: 145105458
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: jlJO \ cr, ') ()~3
. JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU, 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2
Form CM-509
Worker ID 21302
,
, 2 <::) q
(,,)
" s: :r.a 'c;j
:OfT c::
. 51"; :n :C:n
.:1:_" :llr'_
. i55.;~ N -:Jrn
..'.(")
N "5
;:;$<- '-de
.......C) ..,., -~--ri
~c, -:1'":0)
::x >,2('5
:s;O s.-:.> :]fT1
c:
"'- e;- j;!
::;! ::0
f\) -<
<-:, c. ':..,V~
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
vs, ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State JD Number
ORDER OF COURT
You,
KIMBERLY DIANE STUM
plaintiff/defendant of
767 GREENS PRING RD, NEWVILLE, PA. 17241-9660-67
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
SEPTEMBER 16, 2003
at 9 : OOAM for a hearing.
C: 'I
,.....,
=
e
'en
I. a true copy of your most recent Federal Income Tax Return, including W-2s, -~~,
2. your pay stubs for the preceding six (6) months,
3, verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you "
.. .' -~'~:
5, information relating to professional licenses - OJ)
6. other:
:-
Gi
You are further required to bring to the hearing:
Service Type M
Form CM-509
Worker JD 21302
STUM
v. STUM
PACSES Case Number: 145105458
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order:
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND co BAR ASSOCIATION
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2
Fonn CM-509
Worker ID 21302
KIMBERLY D. STUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
: DOMESTIC RELATIONS SECTION
DONALD L. STUM,
Defendant
PACSES NO, 145105458
DOCKET NO. 02-2778 CIVIL
INTERIM ORDER OF COURT
AND NOW, this, ~ of September, 2003, upon consideration of the
Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. The Defendant shall pay to the State Collection and Disbursement Unit for
transmission to the Plaintiff as alimony pendente lite the sum of $296,00
per month.
B. The effective date of this order is May 1, 2003.
C. The Defendant shall pay an additional $44.00 per month on arrearages
until paid in full.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order,
Exceptions shall conform with the requirements of Rule 1910,12(f), Pa. R.C,P, If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
Byth;;Z ;/1
Cc:
Kimberly D. Stum
Donald L. Stum, Jr,
Lindsay Gingerich-MaClay, Esquire
For the Plaintiff
Carol A. Redding, Esquire
For the Defendant
DRO
of!;") '8
11.ln May 2001, because of her medical condition and treatment she was
receiving, the Plaintiff reduced her work schedule to a 22.5 hour 3-day work
week.
12.ln January, 2003 the Plaintiff increased her work schedule to 30 hours per
week.
13. The Plaintiff earns $12.65 per hour and through August 31 , 2003 has earned
$14,811,00.
14. The Plaintiffs multiple sclerosis causes problems with fatigue and
abnormalities of balance and vision.
15. The Plaintiff's treating physician, John L. Vickery, M.D., a neurologist, opined
that an increase in the Plaintiff's workload would lead to a serious
deterioration in her condition,
16. The Plaintiff attempts to lead a normal life in her non-work hours as her
disease permits.
17. The Plaintiff files her federal tax return as married/separate.
18, The Defendant is employed as a warehouseman earning $16,62 per hour for
a 40 hour work week,
19. Before and after the separation the Defendant has worked a considerable
amount of overtime.
20. The Defendant's year-to-date gross income through the pay period ending
September 6, 2003 has been $44,531.00.2
21. The Defendant pays $27.83 per week on medical insurance coverage for
himself, the Plaintiff and the minor child3
22. The Defendant pays a first mortgage of $251,06 bi-weekly and a second
mortgage of $311.43 per month on the marital residence.
23. The Defendant pays real estate taxes of approximately $1 ,000.00 per year on
the marital residence.
1 Of that figure $19,722,00 is overtime pay, Working no overtime for the remainder of the year would result in
gross annual income of $55,168,00, The Defendant's gross annual income in 2002 was $47,335,00 including
overtime.
3 The Defendant bears no additional cost because the Plaintiff is provided with coverage,
2
24. The Defendant will file his federal tax return for 2003 as head of household
and claim his minor child as a dependency exemption.
DISCUSSION
Alimony pendente lite is awarded to sustain the dependent spouse on a basis
of equality with his or her spouse while maintaining or defending a divorce action,
McNulty v. McNulty, 500 A.2d. 876 (Pa. Super. 1985). Factors to consider in
determining entitlement to alimony pendente lite include the separate estate and
income of the claimant, the ability of the other party to pay, and the character,
situation and surroundings of the parties. Litmans v. Litmans, 673 A.2d. 382
(Pa. Super. 1996), If an award of alimony pendente lite is warranted, the
amount of the award is calculated pursuant to the support guidelines, Little v. Little,
47 Cumberland L.J, 131 (1998),
As will be set forth below, there is a significant disparity in the incomes of the
parties. The Plaintiff has no separate estate with which to maintain herself. The
Defendant has the ability to pay alimony pendente lite. The Plaintiff is not on an
equal footing to litigate the divorce action. An award of alimony pendente lite is
justified.
At issue in this case is whether the Plaintiff's actual earnings should be
utilized in computing the respective support obligations in this case or whether
she should be imputed with an earning capacity higher than her earnings, In
determining a parent's obligation to pay support for his or her child, the focus is on
the parent's earning capacity, not on his or her actual earnings. Mooney v. Doubt,
766 A.2d, 1271 (Pa. Super. 2001), Earning capacity is defined not as an amount
which a party can theoretically earn, but rather what he or she can realistically earn
under the circumstances considering his or her age, health, physical and mental
condition and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001),
The Plaintiff has been working 30 hours per week since the filing of her
complaint. Prior to the separation of the parties she worked only 22 1/2 hours per
week. She suffers from multiple sclerosis. Her treating physician opined that
increasing her work schedule would have a detrimental effect on her physical
condition. Under the circumstances, it is the opinion of this Master that the Plaintiff's
actual earnings constitute her earning capacity.
The Plaintiff's gross wages through August 31,2003 are $14,811,00, or
$1,783.00 per month. Filing her federal income tax return as married/separate, her
net monthly income is $1,438.00.4
The Defendant's gross wages through September 6, 2003 have been
$44,531,00, This includes $19,722,00 of overtime pay. Because of the financial
impact of the Plaintiff's departure from the household, the Defendant has worked an
4 See Exhibit "A" for the deductions from gross income,
3
excessive amount of overtime in 2003. The overtime pay actually earned through
September 6, 2003 will be included in his income for support purposes. However,
this Master will not speculate on how much, if any, overtime the Defendant will work
for the remainder of the year. Adding only his regular weekly wages for the
remainder of the year to his year-to-date earnings would result in total annual
income of approximately $55,168.00, or $4,597.00 per month, This figure will be
utilized to calculate his support obligation.
With gross monthly income of $4,597.00, filing his federal income tax as head
of household, and claiming his minor son as a dependency exemption, the
Defendant would have net monthly income of $3,553.00.5
Following the procedure set forth in Pa, R.C.P. 1910.16-4(e) in computing the
spousal support or alimony pendente lite obligation of a spouse who has physical
custody of a child for whom the other spouse has a support obligation, the first step
is to calculate the alimony pendente lite obligation based upon actual net monthly
incomes of the parties as if there were no children. In this case that results in an
obligation of $846.00 per month.6
In the second step this figure is added to the Plaintiffs net monthly income
and deducted from the Defendant's net monthly income, In the third step the
Plaintiff's child support obligation is calculated based upon the adjusted net monthly
incomes from step 2. The guideline calculation is set forth on Exhibit "C." With
combined net monthlf' income of $4,991.00 the basic support requirement for the
one child is $927.00, The Plaintiff's8 proportionate share of that amount is
$424.00. The adjustment for health insurance increases the obligation to $479,00,
The obligation is increased further by $71,00 because the monthly mortgage
obligation being paid by the Defendant on the marital residence qualifies for an
adjustment under Pa. R.C.P, 1910.16-6(e). The total child support obligation after
adjustments is $550.00 per month,
In the fourth and final step the child support obligation from the third step is
deducted from the alimony pendente lite obligation of the first step, and the
difference is awarded to the claimant as alimony pendente lite. The difference in this
case is $296.00 per month.
5 See Exhibit "A" for the credits to and deductions from gross income,
6 See Exhibit "B" for the calculation,
7 See Pa, R,C.P, 1910,16-3,
8 The wife, who is the Plaintiff in this action, is designated as the Defendant in the guideline calculation on
Exhibit "C" to determine her child support obligation,
4
RECOMMENDATION
A. The Defendant shall pay to the State Collection and Disbursement Unit for
transmission to the Plaintiff as alimony pendente lite the sum of $296.00 per
month.
B, The effective date of this order is May 1, 2003,
C. The Defendant shall pay an additional $44.00 per month on arrearages until
paid in full.
SwH~V' lB. 20::>3
Dat~ .
~"'", Q~ I2uJk.
Michael R. Rundle
Support Master
5
In the Court of Common Pleas of Cumberland County, Pennsylvania
,..p.&tai1 AIe~
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State 10 Number:
Tax Year:
Kimberly D.Stum
Donald L. Stum Jr.
02-2778 Civil
145105458
'~~"P'~ ;
1. Fling Status
Head of Married Filing
Household Separately
Customize
2
$4,597,33
1
$1,782.85
2, Who Claims the Exemptions
3. Number of Exemptions
4, Monthly Taxable Income
5, Deductions Method
6. Deduction Amount
7, Exemption Amount
8, Income MINUS Deductions and Exemptions
9. Tax on Income
10. Child Tax Credit
11, Manual Adjustments to Taxes
12, Federal Income Taxes
12 a. Earned Income Credit
13, State Income Taxes
14, FICA Payments
15, City Where Taxes Apply
$583,33 $395,83
$508,34 $254,17
$3,505.66 $1,132,85
$517,67 $140.76
$517.67 $140,76
$128.73 $49,92
$351,69 $136,39
--Select--
16, Local Income Taxes
TOTAL Taxes
$45,97
$1,044.06
$17.83
$344.90
SupportCa/c 2003 - T
EXHIBIT "r."
In the Court of Common Pleas of Cumberland County, Pennsylvania
i;'~
; ." ,~~
.~ '
,'f. oj'.
'jt
'...~ ~ .
, ' ,
"
....: ' .~
J
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State 10 Number:
Kimberly D.Stum
Donald L. Sturn Jr.
02-2778 Civil
145105458
1. Obligor's Monthly Net Income
$3,553.27
2. Less All Other Support
3. Less Obligee's Monthly Net Income
$1,437.95
$2,115.32
4. Difference
5. Less Child Support Obligation for Current Case
6. Difference
$2,115.32
7. Multiply by 30% or 40%
40.00%
8. Income Available for Spousal Support
$846.13
9. Adjustment for Other Expenses
10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL
$846.13
Prepared by:
I Date:
9/17/2003
SupportCa/c 2003 . T
EXHIBIT IIBu
In the Court of Common Pleas of Cumberland County, Pennsylvania
", '..,.....Mt:8uiijIllI.>..~,'..IIIi :t lihl.',
> '''7''I'"'!'''':~i,;..d'9!(li. ~1I8~r."'_ ,~ '. .
Docket Number:
PACSES Case Number:
Other Case 10
Defendant Name: Kimberly Stum
Plaintiff Name: Donald Stum
1. Number of Dependents in this Case
2. Total Gross Monthly Income
3. Less Monthly Deductions
4. Monthly Net Income
Line 2 minus Line 3
5. Combined Total Monthly Net Income
Amounts on Line 4 Combined
6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit.
7. Adjusted Combined Total Monthly Net Income
8. PRELIMINARY Child Support Obligation based on Adjusted Income (Line 7)
9. Less Child's Monthly Social Security Retirement or Disability Derivative
Benefit (Line 6)
10. Basic Child Support Obligation
From Rule 1910,16-3 Basic Child Support Schedule
11. Net Income as a Percentage of Combined Amount
12. Each Parent's Monthly Share of the Child Support Obligation
13. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Overnights:
14. Adjustment for Child Care Expenses Rule 1910.16-6 (a)
15. Adjustment for Health Insurance Premiums Rule 1910,16-6 (b)
16. Adjustment for Unreimbursed Medical Expenses Rule 1910,16-6 (c)
17. Adjustment for Additional Expenses Rule 1910,16-6 (d)
18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,12,13
19. Less Split Custody Counterclaim Rule 1910,16-4 (d)
20. Obligor's Support Obligation Line 14 minus Line 15
Prepared by:
I Date:
51. PACSES Multiple Family Adjustment
52. Spousal Support Award
53. Adjustment for Excess Mortgage Payments (If Applicable)
54. Final Calculated Support Obligation
Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable
TAX INFORMATION Tax Method
55. Defendant Circular E
56. Plaintiff 1040 ES
Filing Status
Single
Head of Household
I
57. Total Support Amount if Deviating from Guidelines Calculation
, .
393 S 2003
1
$2,284,08 $2,707,14
$2,284.08 $2,707,14
$4,991,22
(-)
$927,00
45,76 54,24
$424,20 $502,80
$55,19
$479,39
$479.39
9/17/2003
$71,05
Monthly: Weekly:
$550.44 $126.68
Exemptions
1
2
M~nthly: I Weekly:
58. Justification for Deviating from Guidelines Calculation andlor Other Case Comments:
SupportCalc 2003 . T
EXHIBIT "e"
DATE OF BIRTH
PLACE OF BIRTH
ADDRESS
MARRIED
CHILDREN
EDUCATION
UNDERGRADUATE
MEDICAL
INTERNSHIP
CURRICULUM VITAE
JON L. VICKERY, M.D., F.A.A.N.
May 30, 1955
Freeport, Illinois
AUG 2 D 2003
PENNSYLVANIA NEUROLOGICAL ASSOCIATES, LTD.
Harrisview Professional Center
110 Lowther Street
Lemoyne, PA 17043
(717) 774-2202
York Office
1750 Fifth Ave.
York, PA 17405
(717) 845-4624
Union Deposit Office
845 Sir Thomas Court
Harrisburg, PA 17109
(717) 920-1378
Diane A. Vickery
July 30, 1977
Daniel Scott Vickery, born 8/27/80
John Michael Vickery, born 9/27/84
Northwestern University,
Evanston, Illinois
1972-1976
Double Major - Biological Sciences and Psychology
(Neuroscience program)
B,A. June 1976
University of Illinois College of Medicine,
Chicago and Rockford, Illinois
1976-1980
M.D. June 1980
Internal Medicine
University of Virginia Associated Hospitals,
Roanoke, Virginia
Roanoke Memorial Hospital
Veterans Administration - Salem
Community Hospital of Roanoke Valley
July I, 1980 - June 30, 1981
PlAlNTIFPS
EXHIBIT
}
/1.5 .i
RESIDENCY
BOARD CERTIFICATION
FELLOWSHIP
RESEARCH
SPECUlLINTERESTS
IN NEUROLOGY
SOCIETY MEMBERSHIPS
Resident in Neurology
University of Virginia Hospital
Charlottesville, Virginia
Chairman, T.R. Johns 11, M.D.
July 1, 1981 - June 1984
American Board of Psychiatry and Neurology, Certified 1987
Fellow of the American Academy of Neurology, 2000
Basic (bench research) - Central Analgesia
Mechanism, 1974-1976. Published in Pain,
1976 v.1, and presented at Society for Neuroscience 1975
Clinical Investigation - NIH - Coordinated
(NINCDS) multicenter clinical trial of Progabide
(anticonvulsant),
Clinical Investigation - Dementia Study Group,
University of Virginia (Double - blind EEG
Interpretation) 1983 - 1984.
Clinical Investigation - Controlled Release
Sinemet, Clinical trials 1987 - 1991.
Dizziness and Balance Disorders; Video - Infrared ENG
(electronystagmography) and ocular motor studies
Parkinson's Disease, (Founder Parkinson's Support Group
for Central Pennsylvania)
Seizure Disorders (training with Fritz Dreifuss, M.D.
Comprehensive Epilepsy Program, University of
Virginia Blue Ridge Hospital Division)
Clinical EEG and Evoked Response Studies (training with
Soo Ik Lee, M,D" Director, University of Virginia EEG and
Evoked Potential Laboratory)
Electromyography and Nerve Conduction Study (training
with Lawrence Phillips, M.D., University of Virginia,
Neuromuscular Section)
American Academy of Neurology, 1982 - Present
American Medical Association, 1977 - Present
Pennsylvania Medical Society, 1984 - Present
Dauphin County Medical Society, 1984 - Present
Harrisburg Board of Diplomates, 1987 - Present
BOARDS AND LICENSING
HOSPITAL PRIVILEGES
MEDICAL ACTIVITIES &
DISTINCTIONS
Board Certified, American Board of Psychiatry and
Neurology, 1987: Certificate #29903
Diplomate, National Board of Medical Examiners, 1980
Licensed: Commonwealth of Pennsylvania - State Board of
Medicine, 1984: License #MD031004E
Pinnacle Hospital System, Harrisburg, PA, Active Staff
Holy Spirit Hospital, Camp Hill, PA, Active Staff
HealthSouth Rehabilitation Hospital, Active Staff
York Memorial Hospital, York, PA, Active Staff
Clinical Neurologist and Partner, Pennsylvania Neurological
Associates, Ltd. in practice of diagnostic and therapeutic
medical neurology, 1984 - present.
Vice President, 1990 - present
Clinical Associate Professor of Medicine, Hershey Medical School,
Penn State University, 1986 - present,
(Assistant Professor 1984 - 1986)
Neurophysiology, including electromyography and nerve
conduction studies, multimodality evoked potentials,
electroencephalography and electronystagmography.
Teaching preceptorships of medical students, neurology,
intcrnal medicine, and psychiatry residents from Hershey
Medical School; Penn State University; Internal Medicine
and Family Practicc residcnts from Harrisburg Hospital &
Polyclinic (Pinnacle system): and students from
Pennsylvania College of Osteopathic Medicine.
Clinical Investigator, Compassionate Use Study of
Controlled Releasc Sincmet CR-4, (1987 - 1991),
Board of Directors, Alzheimer's Disease and Related
Disorders Association, (1988 - 1992).
Member of Dauphin County Medical Society,
(1984 - Present),
Delegate or Alternate Delegate to Pennsylvania Medical
Society, (1986 - 2001).
Chief of Medicine, Holy Spirit Hospital, (1992 - 1994).
Executive Committee, Holy Spirit Hospital, (1992 - 1994).
Harrisburg Board of Diplomates, (1987 - present).
OUTSIDE ACTIVITIES &
DISTINCTIONS
Accredited American Orchid Society Judge,
(Active 1983 - 1999).
President, Charlottesville Orchid Society, Charlottesville,
Virginia, 1983.
Vice President & President, Susquehanna Orchid Society,
Harrisburg, Pennsylvania, (1990 - 1991).
Chairman of Judging, Susquehanna Orchid Show,
Camp Hill, Pennsylvania, (1984 - 1994).
West Shore Pistol Team (competitor), (1989 - 1992).
Assistant Coach, Dickinson College Fencing Club,
(1999 - present).
Life Member U.S. Fencing Association,
(member since 1969).
U,S. Fencing Coaches Association, (1996 - present).
USFA Harrisburg Division, competitive member,
(1984 - present).
Certified Levell Foil Instructor, USFA Coaches College,
(summer of 1999).
Certified Levell Epee Instructor USFA Coaches College,
(su=er of2001)
Certified Levell Saber Instructor, USFA Coaches College,
(Su=er 2002).
U,S. Fencing Coaches Association, Certified Foil Coach,
Moniteur level, Academic of Armies Intemationale.
USFA Levell Fencing Coach, 2002.
Member, National Eagle Scout Association, (1970 - present).
F,& A.M" Eureka Lodge 302, Mechanicsburg, Pennsylvania,
(1987 - present).
Harrisburg Consistory, 32nd degree, (1988 - present).
St. John's Chapter, (1993 - present).
St. John's Council, (1993 - present).
St. John's Co=andery (1993 - present).
Member, American Orchid Society Conservation Committee,
(1989 - 1992).
Nature Conservancy Member and Supporter,
(1983 - Present),
Board of Directors, Beaufort Hunt Club, (1992 - present)
(Awarded Colors, 1995).
Certified, American Sport Education Program
(coaches training),
Red Cross Certified in Sport Safety, First Aid & CPR.
Biography Listed in Who's Who in America, 2000.
Biography Listed in Who's Who in the World, 2001.
:~SCRIPTION
RE~
HOURS I RATE I DOLLARS DI:::;t;. HUUK::' I MAlt UVI..I..AK::' .n.crJl1.~L,(~1,(U
52~0 1~6!)00 66q66 PTO 1!J90 1:66500 20~14 3453 TOTAL GROSS
, , 77i42
, STD , , 867.8'
, , ,
, , ,
, , ,
, , , TOTAL DEDUCTIONr
, , ,
, , ,
, , , 867.8'
, ,
, ,
, ,
EARNS 86780 1481139 FED 8344 136632
FICA I 6638 113307 STATE: 2430 41474
LOCAIj 1432 24440 D-DEP 67919 1163990
surWH! 17 296 OCC 00 1000
!
I
I
!
,
,
,
,
,
,
,
,
,
,
, ,
':~?OO~:;3~~~go~~~"-~~~i~:~ 170-5R~~~gR
~ United Church of Christ Homes
U 30 North 31st Street
UCCH Camp Hill, PA 17011
717-303-1502
Fulton Bank
LANCASTER. PA 17604
60.142
313
014312
DATE
09/11/2003
CHECK NO. ~
143121 *VOID*
PAY
TO
~Kimberly D. Stum
767 Green Spring Road
Newville, PA 17241
]
NOT VALID AFTER 90 DAYS
THE ORDER
OF
'-
AUTHORIZED SIGNATURE
11'01.1.:11.211' ':0:11.:101.1.221:
221."l :lbl."l loll'
'Iii!. 0)
J--
PlAIN11FPS
EXHIBIT
.............-"
nJ!.ru~J.l'fJ.l'4\.:1
4647 TOTAL GROSS
,
76:10 829.22
UUI,.I,....'!r,':O
,
,
,
,
,
,
,
,
,
,
,
,
,
,
..........1:
nUvn'"'
,
,
,
,
,
,
,
,
,
,
,
"'L,~,-,. I
....U..W"">,'~
I
12f3500
189800
796~5
32:27
631:)0
170
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
~~,?Oh~;~l;J~g~t~;~~..,
PTO
STD
'12G
OVERTIME
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
, .. I
1~~~:I:T'170-fifl-~~gf\
829.22
128288
39cJ44
10960.71
WOO
,
I,U ,
Co ,
<..( l
a I
,
o '
1- ,
,
oc '
'" '
w ,
>- ,
,
,
,
,
,
,
1394<l59
106El69
,
230.08
'1:79
,
lU i
f- ,
" ,
n I
,
o I
,.. ,
,
oc '
" '
U-! I
or ,
,
,
,
,
,
,
,
,
,
,
,
FED
STAT
D-DEF
acc
EARNS
FICA
LOCAL
SUIWH
60-142
313
FultoriBank
LANCASTER, PA 17604
~ United Church of Christ Homes
U 30 North 31st Street
UCCH Camp Hill, PA 17011
717-303-1502
013694
CHECK NO. __
13694 I *VOID* I
PATE
08/28/2003
PAY
,
[Kimberly D. Sturn
767 Green Spring Road
Newville, PA 17241
NOT VALID AFTER 90 DAYS
TO
THE ORDER
OF
.J
2nCJ
AUTHORIZED SIGNATURE
:I!;I,CJ 1.11'
lI'OI,:I!;CJI,II' .:0:11.:101.1,221:
T1~~~6~T_- ~1~G6 ';;~T ~~-"~~,1.--'t;,~.--i~~~I_~I~IT~~LGROSS,_
18S800 5e9 STD :: 74~9 795,05
,
,
,
,
,
: 795.05
,
,
'be'scRiPTION "~'I
REG
OVERTIME
HoURS
6210
50
13114!37 FED
100326 STAT
216140 D-DE
2:62 JCC
,
t.: :
" ,
'" ,
,
R :
120ra3
36m2
,
10309,64
WOO
,
..t1 j
r-' j
'C! 1
C 1
,
EARNS
FICA
LOCAL
SUIWH
o
f-
,
,
,
,
,
.
,
,
,
,
,
,
?ii5AlsS 170-56-310&
13082 NET .00
a;
,~
~
oc
"
W
>-
<C2ooI0,", 7400 I""
ATE 08/03/200~~'C'
60-142
313
Fulton Bank
LANCASTER, PA 17604
ci:? United Church of Christ Homes
. ._-_...~ ,~-.,-,. ..\. -
3I:m.iI1NDIS03ZIHOH.if"l1i
.Ii~ b'1':l1: b~ 2 2
SA VO 06 l::!3.l.:1l/ OI1\f ^ .LON
I *aIOM I 28081
~ 'ON>lJ3HJ
G80Cro
800Z!17't180
31'10
[
:12 2 '1~ 01: ~ I: 0:1 .1i2 flOI: ~ 0.11
1vZL1 va 'ell1AMeN]
P~OH SU1~dS uee~D L9L
wn1S ocr Al~eqw1~
(;091'808- I., lL
nOL 1 Vd 'mH dum;)
1aa.I1Q 1ST" IT1 TO)\T n"
, .
'0
tl30tJO 3Hl
01
^"d
H::l::ln
n
CASE:
CIVIL ACTION - DIVORCE/SUPPORT
No. 332,S-2003 CIVIL TERM
PACSES # 611105401
Date: September 16, 2003
INCOME AND ExPENSE STATEMENT
THIS FORM MUST BE FILLED OUT
INCOME STATEMENT OF: KIMBERLY D, STUM
I VERIFY THAT THE STATEMENTS MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE SUBJECT TO THE CRIMINAL PENALTIES OF 18 PA,C.s.~4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITY,
DATE
,,'if~1~~
SEPTEMBER 16, 2003
INCOME:
EMPLOYER: UNITED CHURCH OF CHRIST HOMES
ADDRESS: CARLISLE, PA
TYPE OF WORK: MEDICAL RECORDS/NURSING SECRETARY
PAYROLL NO, 2559
GROSS PAY PER PAY PERIOD $ 769,96
PAY PERIOD (WKLY, BI-WKLY" ETC,) BI-WKLY
ITEMIZED PAYROLL DEOUCnONs
FEDERAL WITHHOLDING 70,79 SOCIAL SECURITY LOCAL WAGE TAX
STATE INCOME TAX 21,56 RETIREMENT SAVINGS BONDS
CREDIT UNION liFE INSURANCE HEALTH INSURANCE
FICA 58,90 SUIWH ,15 OCC
OTHER DEDUCTIONS UNION DUES OPTI-WAGETAX
(SPECIFY)
TOTALS 151,25 ,15
12,71
10,00
12,71
+10,00
NET PAY PER PAY PERIOD $ 605,22
Service Type
Page 1 of 5
Form IN - 008
Worker ID
,..
PLA/NTlFPS
EXHIBIT
Income and Expense Statement
PACSES Case Number: 611105401
Other
Income
WEEK
(Fill in Appropriate Column)
MONTH
YEAR
INTEREST
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp,
Workmen's Compensation
IRS Refund
Other
Other
TOTAL INCOME
EXPENSES (Fill in Appropriate Column)
WEEK MONTH YEAR
HOME
Mortgage/Rent 400,00
Maintenance
Utilities
Electric 50.00
Gas
Oil 200,00
Telephone 59.00
Air Conditioning Unit 238,00
Service Type
Page 2 of 5
Form IN - 008
Worker ID
Income and Expense Statement
PACSES Case Number: 611105401
EXPENSES
continued
WEEK
(Fill In Appropriate Column)
MONTH
YEAR
Water
Sewer
EMPLOYMENT
Public Transportation
Lunch
20,00
TAXES
Real Estate
Personal Property
Income
INSURANCE
Homeowners
Automobile
Life
Accident
Health
Other
855,80
AUTOMOBILE
Payments(incl Hot Tub pymt)
Fuel
351,00
50,00
Repairs
500,00
MEDICAL
Doctor
Dentist
Orthodontist
100,00
50,00
Service Type
Page 3 of 5
Form IN - 008
Worker ID
Income and Expense Statement
PACSES Case Number: 611105401
continued
Hospital
Medicine
Special Needs (glasses,
braces, orthopedic devices)
EDUCATION
WEEK
(Fill in Appropriate Column)
MONTH
YEAR
EXPENSES
750,00
Private School
Parochiai School
College
Religious
100,00
PERSONAL
Clothing
Food
BarberiHairdresser
Credit payments:
Credit Card
Charge Account
Memberships
30,00
110,00
13.00
18.00
LOANS
Credit Union
MISCELLANEOUS
Household help
Child Care
Papers/Books/Magazines
Entertainment
Pay TV
Vacation
Service Type
Page 4 of 5
Form IN - 008
Worker ID
Income and Expense Statement
EXPENSES
continued
WEEK
Gifts
Legal Fees
Charitable Contributions
Other: Child Support
Alimony Payments
OTHER:
Total Expenses
70,00
Service Type
PACSES Case Number: 611105401
(Fill in Appropriate Column)
MONTH
50,00
1381.00
Page 5 of 5
YEAR
25,00
2518.80
Form IN - 008
Worker 10
n.!:tL..U1....Ll't l.L'iU
39~3 TOTAL GROSS
73139 779.88
f\A1 c; VULU'lM~
, ,
, ,
, ,
, ,
, ,
, ,
, ,
L I
, ,
, ,
, ,
, ,
, ,
, ,
1231B32 iED ~
942:44 TAT
20~28 -DE
246 OCC
,
1,;..1 I
f- ,
'" ,
o ,
,
" '
~ ,
,
'" '
'" '
W I
>- ,
,
,
,
,
,
,
nvvn;::.
,
,
,
,
,
,
,
,
,
,
,
,
,
.
....vL.......n~ uc;~.... I
777138 FTO
1:90 STD
.........."',...,,"".. . ,""...',..;
I
12~500
189800
REG 61pO
OVERTIME :to
,
,
,
,
,
,
,
,
I
7025
2184
615:10
00
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
I" '
2559 170-56-~ln6
NET
12476 .00
TOTAL OEOUcnONS
779,88
,
113270
34496
968~48
1000
EARNSi
FICA \
LOCAL,
SUIWH!
I
I
I
I
77988 '
5986 "
1287
:],6<
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
i.U
:~
~~
~$:
()
~
~
-,
AC 200 Ie,,", 7400 I,M,
'" 07 /20/200~~'c'
60-142
313
Fulton Bank
I..ANCA$TER. PA 17604
=i'= United Church of Christ Homes
:.; 30 North 31st Street
UCCH Camp Hill, PA 17011
717 -303-1502
012476
CHECK NO. __
12476 I *VOID* I
DATE
07/31/2003
PAY
[Kimberly D. Stum
767 Green Spring Road
Newville, PA 17241
J
NOT VALID AFTER 90 DAYS
TO
THE ORDER
OF
AUTHORIZED SIGNATURE
221.'1 H, I, '1 1.11'
11'0 I. 21, n,II' 1:0:11.:101.1, 2 21:
,...-
n
5/08/03
DONALD L STUM
KIMBERLY D STUM
1.09 S 'WATER ST
NEWBURG PA 17240
Loan Inquiry Page 1 of 8
CIF number: BEAMER
Phone: (H) (717) 423-5101
(B) (717) 232-6821
Tax ID number:
Loan type: 09
Loan number:
Messages Escrow AFT Cr
Original loan amt
Current balance
Accrued interest
Late charges due
Current payoff
Payoff good thru
Next period payoff
One months interest
Interest base
Interest rate
Per diem
Other Charges
Balloon Payment
F1=Addl functions
F6=Messages
63,200.00
57,594.61
756.28
.00
58,350.89
5/08/03
.00
.00
365/365
8.2500%
13.01796
.00
.00
F3=Exit
F8=Maintenance
ALT
12:51:16
S000553
Birth date:
7/10/1956
187-48-4814
'=-MORTGAGE BI-WKLY FIX
8010003084 --r;-
1 of 1
ANITA OCKER
9/04/98
pmts 271 M / 467
3/19/21
4/25/03
5/09/03
5/09/03
.00
.00
251.0.6)
236.85
Int. included 14 D
Officer ALO
Original loan date
Loan term/remaining
Maturity date
Last payment date
Next payment due date
Next scheduled pay date
Amt partially paid
Payment suspense
CPavrnent amount
Princ & Int pmt
Payment type/freq
F4=Sweep Inquiry
F9=Relationships
More.. .
F5=History
F24=More Keys
'1 JJ~,J[jJ J
Vj
'/OS/03
CaM:\.P L S'l'UM
KH'liSRL'i D S'l'UM
PO BOY- 31
NE~BURG p~ 11240-0031
}deSsages InsU1:ance
original loan amt
current balance
Accrued interest
Late charges due
current payoff
payoff good thrU
Ne~t period payoff
F3:E},
Interest base
Interest rate
per diem
other Charges
Balloon payment
fl~Addl functions
f6~MesSages
l.~. -
S000555
Birth date:
1/10/1956
181-48-4811\
IL FIXED l\E
110029101 1.,
1 of 1
ANITA oc1.ZtR
11/26/01
pmts ISO M 1 165
1/30117
3/31/03
5/30/03
5/30/03
1.5C
~
~1:4
Int. included 1
. page 1 of 8
Loan !n~~~numPer: BEAMER
phone: (l\) (Ill) 423-5101
(B) (111) 232-6821
'l'a~ ID numPer:
"Loan type: 15
"Loan number:
30,254.13
28,194.68
211.30
12.50
21,462.28
5/08/03
.00
365/365
9.2500%
1.29/28
,00
.00
F3~E~it
fS~Maintenance
Officer A"LO
original loan date
"Loan term/remaining
Maturity date
Last payment date
Ne~t payment due date
Ne~t scheduled pay date
Amt partiallY paid
~ayment
pr~nc &
payment
amo
Int pmt
tYpe/freq
f4~sweep Inquiry
f9~RelatiOnshiPS
Mo1:e
f5~HistorY
f24~More KeYS
5/08/03
OONAI:D L STUM
KIMBERLY D STUM
PO BOX 31
NEWBURG PA 17240-0031
Messages Insurance
Original loan amt
Current balance
Accrued interest
Late charges due
Current payoff
Payoff good thru
Next period payoff
Interest base
Interest rate
Per diem
Other Charges
Balloon Payment
F1=Addl functions
F6=Messages
Loan
30,254.73
28,794.68
277.30
12.50
27,462.28
5/08/03
.00
365/365
9.2500%
7.29728
.00
.00
F3'=Exi t
F8'=Maintenance
12:47:05
S000553
Birth date:
7/10/1956
187-48-4814
11 FIXED HE
110029707 L
1 of 1
ANITA OCKER
11/26/01
pmts 180 M / 165
1/30/17
3/31/03
5/30/03
5/30/03
7.50
3)1. 40
311.43
Int. included 1 M
Inquiry Page 1 of 8
elF number: BEAMER
Phone: (H) (717) 423-5101
(B) (717) 232-6821
Tax ID number:
Loan type: 15
Loan number:
Officer ALO
Original loan date
Loan term/remaining
Maturity date
Last payment date
Next payment due date
Next scheduled pay date
Amt partially paid
,..---
,,---Payment
jYr:1. n c &
Payment
amonnt
Int pmt
type/freq
F4=Sweep Inquiry
F9=Relationships
More.. .
F5=History
F24=More Keys
'1//I./'i3 J.... tI)
D~t^
5/.08/03
Collateral Tracking Inquiry
elF No: S000553
STUM DONALD L
Type options, press Enter.
3=Attached Documents
Item Description
2ND MORTGAGE
F3=Exit
F12=Previous
5=Display Item
Account Number
110029707 L
Status
Ie
12:53:54
Seq# Exc
001 NO
Bottom
5/P8/03
. .
CIF No.: S000553
Item type
2ND MORTGAGE
Date received
Receipt
Status date
Maturity date
Date priced
Loan value pct
Source of value
Date recorded
Primary
Where recorded
Branch number
Detail desc 1
Detail desc 2
Detail desc 3
Detail desc 4
Detail desc 5
Detail desc 6
F3=Exit
Collateral Tracking Inquiry
12:53:39
301
110029707 L Seq#: 001
Account number:
Bank/Cusip#
Units
Status code
Item Complete
Registration code
Waived date
Current value
Date of document
Where located
Date of current value
Recorded number
CC Original value
001 Officer
PROPERTY 109 S WATER STREET, NEWBURG PA
DEED DATED 9-4-98 BOOK 1481 PAGE 758
FLOOD 4224050001A 6-24-71
R SUE D'ANGELLO INS
STUM DONALD L
12/13/01
12/13/01
0/00/00
0/00/00
.0000
D
12/03/01
o
IC
0/00/00
100,000.00
11/26/01
11/26/01
1740/4221
.00
ALO ANITA OCKER
F8=Maintenance
F12=previous
Income and Expense Statement
Section m: Exuenses
PACSES Case Number
Instructions: Only show extraordinary-expenses in this section unless you filled out Section II on page two. The categories
in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupportJ APL or if
you a..ert your case cannot be determined according to the guideline grids or formula, this section must be fu11y completed,
I Total I WEEK
Expenses: $ $ $
[ verify that the slatements made in this Income and Expense Slatemenl are !rUe and correct. I undenland that false
Sla~~~~~~;are subjeetto the c~lpenalties ofl8 Pa. C.S, f n::m2j:::S_
oaJ Piain~{r.(endanl
Page 3 of3 Porm IN. 11Jfo/0 --3 V
Worker ID
EXPENSES
Home
Mortgage/Rent
Maintenance
Utilities
Electric
Gas
Oil
Telephone
Water
Sewer
Emolovment
Public Transport.
Lunch
Taxes
Real estate
Personal Property
Insurance
Homeowner's
Automobile
Life
Accident
Health
Other
Automobile
PaymentS $
Fucl
Repairs
Medical
Doctor S
Deatist
Orthodontist
Hospital
Medicine
Special needs
(gIaaes, braces,
ortbo_ dericesl
Service Type
(P1lI in Appropriate Column)
WEEK
MONTH
YEAR
Lu~i~~ w=t:.f, .l~
$ $ .3'\'00 $
/ DM ,00
$ 1.?a.CC $
$
~OD
UOa)
$ $
,).5-00
$
$ $
$ Q60.00
01.0 ,CD
$
$ .100 .(\6
1%00 'co
J
"nco '
$)1.0/.00
$
<\00 'co
, P.SOO 00
$/00' ao
I c;l).()O
~
$
1-/006
Miscellaneous
Household Help $
CbDdcare
Papers/books
Ma2uines
Entertainment /olf)
Pay TV
Vacation
Gifts
Legal fees
Charitable
~~~~
zrt
ony
ravmw..
Other
$
EXPENSES
(continued)
Education
Private School
Parocbial School
College
Religious
Personal
Clothing
Food
Barberi
Hairdresser
Credit Payments
Cn:dtt Card
Charge
Memberships
Loans
Credit Union
MONTH
(Fill in Appropriate Column)
WEEK
MONTH
YEAR
$
$
$
$ $ $ :"'lOC ,CO
...
lO(').CO
to.C)O
5O,CO
c.~od' 1.-"10.m
..e.-
$ $ $
$
$
\,b<Xl
I ()(X) ,00
!1a:J,OO
/SlX),oO
$ $
YEAR
U3
. ~ . - -'"-
HARRISBURG
P 0 BOK 26967
RICHMOND VA 2J261
PO." BO~ - '31
NEWBURG PA 11240
o
o
FEOERAL TAK
SOCIAL SEC TAX
MI!OICAR15 TAK
SUI TAK
Pl!NNSYLVANIA
PA LOCAL 1.40:(.
OCC "RV TAK
PT DINT AI.. INS
PT H"'O INS
L10tNS
HARRUB\)RG PA
CHI!,CKINCO ACH
9&9.60
!lANK ~'HkS:
FED: M
" .
UCI( 'MRS'
i TaxeslDeducts
155.26
76.52
16.31
, "
35.46
17.73
Description
REGULAR EARNING
!lONUS- WH$I!
iHQLIOAY REG
HOLIDAY PERS
StCK
VAt REGULAR
OVl!:RTIME
Rate
18.82.00
Hours
30.00
Earnings
.9& 80
Year toO.-te
21,,40.'$3
100;00
,89.20
625.4'
'5&.ao
'1l7.20
11,121.113
2.94
24.119
, "
11.a200
10 00
18a .20
24.'300
25.2$
129.46
Pay Period
Year to Dale
Earninos
1,294.28
....4,531.10
Taxes Deductions =
305.59 29.09
11,246.12 1,017.36
STATEMENT OF EARNINGS AND DEDUCTIONS
Net Pay ~ Pay Period OeDOsit number I
959.60 Begin 08~31-03 44306428
32,267.6 End 09~06-03 .
DETACH AND RETAIN FOR YOUR RECORDS
.'-----'- ----,--,
REMOVE DOCUMENT ALONG THIS PERFORATION
Year to Date
6,12622
2,701 24:
63174
&.90
1,219.72
422..10
10.00
106.17
65$.49
44.70
134.20
32,267.62
Amount of Check
't
APPOINTMENT
423-6484
~'AX YU"i
AUGUST 1 2002
2002-03 REAL ESTATE TAX NOTICE .. SCHOOL
SHIPPENSBURG AREA SCHOOL DISTRICT
~'.i".:;-; ;.-<'1:',':':" "".\"~":;V:', ('J
..
82,500
RAE ANN SPRECHER-FREY
PO BOX 154
11 WEST MAIN STREET
NEWBURG PA 17240
(SCHQQkR/'E'i
:10',,;-,,9.96'1,
805.27
821,70
903. En
.a'j
81,
~ MONDAY 5PM - 7PM
d THURSDAY 5PM - 8PM
~ SAT 8-11AM OR CALL FOR
OR ANYTIME WHEN HOME
CJ
119
RECEIPTS REQUESTEr
--
QlJbjo3 y
-U~
'DISCOUNT
iFACE
PENALTY,
AUG
'OCT
DEC
SEPT
NOV
S WATER STREET
ACCT NO
24-21-0390-123
STUM, DONALD L &
109
LAND APPROX. 1 ACRE
Residential With Buildings
PO BOX 31
NEWBURG PA 17240
I J";~kE'fi~cE':i U 1:~kEifd~; :~~c;~W~Rr\
THIS BILL TO YOUR MORTGAGE COMPANY
IF UNPAID BY 12/31/02 TAXES WILL
TURNED OVER TO CUMBERLAND CO.
TAX CLAIM BUREAU.
$1.00 FEE FOR ADD'L
~.27
821
.8
BE
v":
l1040
,
Label
(See L
instructions ~
on page 21,) E
~~~ L I
label. H Home address (number ,and street). If you have a P.O. box, see page 21. Apt. no,
Otherwise, : p, 0, (2, 0 -, .::? I
pletase print E City, town or post office, state, and ZIP code. If you have a foreign address, see page 21.
or ype, \ /I
Presidantial..... ~\ q,..,JO'J(') ~ \1, 110.'10
Election Campaign ~ Note. CheckIng .'Yes" will not change your tax or reduce your refund.
(See page 21,) ,. 00 you, or your spouse if filing a Joint return, want $3 to go to this fund? ,.. OYe.I}!;INo DYes ONo
1 0 Single 4 0 Head of household (wtth qualifying person), (See pege 21,) If
2 0 Married filing jointly (even if only one had income) the qualifying person is a child but not your dependent, enter
3 00 Married filing separately, Enter spouse's SSN above thiS child'S name here,..
and fuil name here,.. Ie.: , '" \-, ~< \ 'I f) 5 0 Qualifying widow(er) with dependent child (year
spouse died" ), (Sas page 21,)
6a ~ Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax} No. of boxes .L
b checked on
retum,donotcheck axea . . . . . . . . . . . . . . . 68 and 8b
b 0 Spouse. . . . . . . .. ............ J' .. No. Of children
c Dependents: (2) Dependent's (3) Depen~ent's (4)." n QlJa.lifying on 8c who: c;J
social security number relatIonship to C~I(d for child tax . Ifved With you
(1) First name Last name you credR {see page 221 . did not live wfth
'2"O,"'\l,d ST\lp,- 1t))i<"\I:OIo'/~ oSlh' 0 you due to divorce
n <,,,,\1 ,\ S.~oJ'h I'i"i n~ :Cll\..~ So.\ EiI ('.:.:=
o DePendents on eo
o not _ lbove _
o ::~:- IX)
7 !oj'].?.?,S' \J()
Filing Status
Check only
one box.
Exemptions
If more than five
dependents,
see page 22.
Income
Attach
Forms W-2 and
W.2G hare.
Also attach
Form(s) l099-R
if tax was
w~hheld.
If you did not
get a W-2,
see page 23.
Enclose, but do
not attach, any
payment. Also,
please use
Form 1040-V.
Adjusted
Gross
Income
u":'s:"i;di~id~;;-I';-~~"';.T,;;nR~~~~; ~@02 I (P)
For the year Jan. l-Dec. 31, 2002, Of other tax year beginning , 2002, ending
Your first name and initial Last name
o D'-I..J~, L .s -t ~t"'-~
If a joint return, spouse'$ first name and initial Last name
IRS Use Ol'lly-Oo not wt1te or st~e In this tpaee.
,200MB NO,1546.0074
Your social security number
IS') : \H: ,-\~I'\
Spouse'. social security number
1'10.5<,,: JJOf.t,
. Important! .
I 8b I
..
Cat. No. 12599G
J
You moat entel'
your SSN(s) above,
You
Spou.e
d Total number of exemptions claimed
1 Wages, salaries, tips, etc. Attach Form(s) W~2
Sa Taxable interest. Attach Schedule B if required
b Tl3Ix~exempt interest. 00 not Include on line 8a
9 Ordinary dividends. Attach Schedule B if required
10 Taxable refunds, credits, or offsets of state and local Income taxes (see page 24)
11 Alimony received
12 Business Income or (loss). Attach Schedule C ot C~EZ .
13 Capital gain or (loss), Attach Schedule 0 if required, If not required, check here ~ 0
14 Other gains or (losses). Attach Form 4797 . ............
15a IRA distributions , . 115a I I I b Taxable amount Isee pege 25)
168 Pensions and annuities 168 b Taxable amount (see page 25)
17 Rental real estate, royalties, partnerships, S corporations. trusts, etc. Attach Schedule E
18 Farm Income or ~oss). Attach Schedule F
19 Unemployment compensation .
20a Social security benefits . I 20a I I' b ~ax~bl~ a~ou~t Is~ ~eg~ 27;
21 Other income. List type and amount (see page 29) ___..............,............_...._
22 Add the amounts in the far right column for lines 7 through 21, This is your total income ..
23 Educator expenses (see page 29) 23
24 IRA deduction (see page 29) . 24
25 Student loan interest deduction (see page 31). 25
28 Tu~ion and fees deduclion (sas page 32) , 28
27 Archer MSA deduction. Attach Fonn 8853 . 27
28 Moving expenses. Attach Form 3903 28
29 One-half of sEllf-employment tax. Attach Schedule SE 29
30 Self-employed health Insurance deduction (see page 33) 30
31 Self-employed SEP. SIMPLE, and qualified plans 31
32 Penalty on early withdrawal of savings 32:
33a Alimony peld b Rscipient's SSN .. 33a
34 Add lines 23 through 33a .
35 Subtract line 34 from line 22. This is your adjusted gross income
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 16.
8a
-
9
10
11
12
13
14
15b
16b
17
18
19
20b
21
22
I
I
L-n ?lSo(J
--
'1JlrJ03 !)
v..)
34
35
'/')335 lJ()
Fonn 1040 12002)
05
56 Self-employment tax, Attach Schedule SE .
57 Social security and Medicare tax on tip income not reported toemployer~ Attach Form 4137
58 Tax on qualified plans, including IRAs, and other tax~favored accounts.. Attach Form 5329 if required
59 Advance eamed income credit payments from Fonn(s) W-2 .
60 Household employment taxes. Attach Schedule H
61 Add lines 55 through 60~ This is your total tax
Payments 62 Federallncc>me tax withheld from Forms W-2 and 1099 62
63 2002 estimated tax payments and amount applied from 2001 return 63
,
If you have a 64 Earned income credit (EIC) . 64
~~~~~~~gach r 65 Excess social security and tier 1 RRT A tax withheld (see page 56) 65
Schedule EIC. 66 Additional child tax credit. Attach Form 8812 . 66
67 Amount. paid with request for extension to file (see page 56) 67
68 OtI1<r payments from: a 0 Form 2439 b 0 Form 4136 c 0 Form 8885, 68
69 Add Hnes 6~: through 68. These are your total. payments . .....
Refund 70 If line 69 is rnore than line 61, subtract Hne6t from line 69. This is the amount YOu. oVerpaid
Direct deposit? 71a Amount of.line 70 you want refunded to you . ,. . ....
See page 56 ~ b Routing number I r-J : I i I ,.1 i I '~I cl !, I \ I ~ c Type: ISI Ci1ecking 0 Saving.
and fill in 71 b,
71e. and 71d, ~ d Account number I ! I c' I ? [" I I I I if [ [ I I I I I I I
72 Amount of line 70 you want applied to your 2003 estimated tax ~ I 72 I I
73 Amount you owe. Subtract line 69 from line 61. For details on how to pay, see page 57 ....
74 Estimated tax penalty (see page S7) . I 74 I I ~~
Do you want to allow another person to discuss this return with the IRS {see page 58}? 0 Yes. Complete the following: 0 No
Form 1040 (2002)
Tax and
Credits
Standard 1
Olftduction
for-
o People who 38
checked any r
box on line 39
37a or 37b or .
who can be 40
claimed as a
dependent,
see page 34.
. All others:
Single,
$4,700
Head of
household,
$6,900
Married filing
jointly or
Qualifying
widow(er),
$7.850
Married
filing
separately,
$3.925
Other
Taxes
Amount
You Owe
Third Party
Designee
Sign
Here
Joint retum?
See page 21.
Keep a copy
for your
records.
Paid
Preparer's
Use Only
Amount from line 35 (adjusted gross income) . 36
Check if: 0 You were 65 or older, 0 Blind; 0 Spouse was 65 or older, '0' BIi~d.1 ~
Add the number of boxes checked above and enter the total here . . .... 378 L-R
b If you afe married filing separately and your spouse itemizes deductions, or ~
you were a dual-status alien. see page 34 and check here . ~ 37b 0 ~
itemized deductiona (from Schedule A) or your standard deduction (see left margin) . 38
Subtract ilne 38 from line 36 , 39
If line 36 is $11)3,000 or less, mu~iply $3,000 by the total number of exemptions claimed on -
line 6d.lf.line 36 is over $103,000, see the worksheet on.page 35 , 40
Taxable income. Subtract line 40 from line 39. If line 40 is more than line 39, enter -0- 41
Tax (see page 36), Check if any tax is from: a o Form(s) 8814 b 0 Form 4972 42
Alternative rnlnimumtax (see page 37). Attach Form 6251 43
Add lines 42 and 43 ~ 44
Foreign tax credit. Attach Form 1116 if required 4S ~
Credit for child and dependent care expenses, Attach Form 2441 46 .
Credit for the elderly or the disabled. Attach Schedule R . 47 __I_~
Education credits. Attach Form 8863 48 .
Retirement sa;vings. contributions credit Attach Form 8880 49 II
Child tax credit (see page 39) . 50" ' .
Adoption credit. Attach Form 8839 . 51 .
Credits from: a 0 Form 8396 b 0 Form 8859. 52 ..B~~.~ ~~".
Other c'edils Check applicable box(es): a 0 Form 3800 ~ ~
b 0 Form !l801 c 0 Specify 53
Add.Unes 45 through. 53~ These..are your total Ci'edlts
Subtractline 54 from line 44. If line 54 is more than line 44, enter -0- .
36
37a
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
I".;
~
54
55
56
57
58
59
60
61
-
I
- Page ~
I.,if>
,1';'-
~
69
70
71a
I
~
73
Ii 0'';0 0
,
-,: ,....C
~. ;,J:' 1:..'\1, I....;
Ct.
C., "I d 9$
Lj,-,
GO
".S..) "
:,:}
( ~:l
{.'';.
Designee's Phone Personal identification .1
narne ... no. ... () number (PIN) ....
Under penalties of perjury, 1 declare that I have examined this return and accompanying schedules and statements, and to the best Of my knowledge and
belief, they are truEl, correct, and complete. Declaration of preparer (other than taxpayer) is b8s9d on all information of whIch preparer has any knowlec1ge.
Your signature
~ Spouse's signature,
Date
Your occupation
If a joint return, both must sign.
Date
Spouse's occupation
Preparer's ~
signature ,.
Firm's name (or ~
yours if self-employed),
address, and ZIP code
Date
Check if
self-employed 0
I EIN
Phone no.
Daytime phone number
( )
-
Preparer's SSN or PTIN
Fonn 1040 (20021
,;' U.s. GOVERNMEN-r- PRINTING OFFICE: 2002-490-538
SCHEDU~ES A&B
(Form 1040)
Schedule A-Itemized Deductions
(Schedule B is on back)
Department of the Treasury
Intemal Revenue Service (P) .... Attach to Form 1040. .. See Instructions for Schedules A and B (Form 1040).
Name(s) shown on Form 1040
DDN")~ L.S.t.J.....--'
Medical Caution. Do not include expenses reimbursed or paid by others, ~
and 1 Medical and dental expenses (see page A-2) 1
Dental 2 Enter amount from Form 1040, line 36 I 2 I _
Expenses 3 Multiply line 2 by 7.5% (,075). , , , . , 3
4 Subtract line 3 from line 1, If line 3 is more than line 1, enter -0- . ' . , . ,
5 State and local income taxes 5
6 Real estate taxes (see page A-2) , , . , , '. 6
7 Personal property taxes . ' , , , , . '\" ,7
8 Other taxes, List type and amount .. .l:>~5,"J:,':_':":"':, ~
8
Taxes You
Paid
(See
page A-2,)
Your social security number
1~7 : L/q : 1f/V
I
4
1;.9_.~ (JOB
1-"'(1
III Obi
, 9
j'",.7,O (),;':'I
, . " 14
,9' '" I
----------------.------.---------.---...--------.-----.--.-.--..
9 Add lines 5 through 8
Interest 10 Home mortgage interest and points reported to you on Form 1098 10
You Paid 11 Home mortgage interest not reported to you on Form 1098, If paid I
(See to the person from whom you bought the home, see page A-3
page A-3,) and show that person's name, identifying no" and address ..
-----_.----_._--_..._-.--------..._--.._--.._--.----..---.._----
..____.___..____..___..__...___..___..__._____..___..___h___.__
Note. -..-.-....-.----------,----,------.___-.0__-___--.----._________ 11
Personal 12 Points not reported to you on Form 1 098. See page A-3
interest is for special rules 12
not
deductlbie, 13 Investment interest. Attach Form 4952 if required. (See
page A-3,) 13
14 Add lines 10 through 13
Gifts to 15 Gills by cash or check. If you made any gill of $250 or ~
Charity more, see page A-4 , 15
If you made a 16 Other than by cash or check. If any gill of $250 or more, ~
gift and got a see page A-4, You must attach Form 8283 if over $500 16
benefit for it, 17 Carryover from prior year 17
see page A-4, 18 Add lines 15 through 17
Casually and
Theft Losses 19
Job Expenses 20
and Most
Other
Miscellaneous
Deductions
21
(See 22
page A-S for
expenses to
deduct here,)
23
24
25
26
Other 27
Miscellaneous
Deductions
Total 28
Itemized
Deductions
18
Casualty or theft loss(es), Attach Form 4684. (See page A-5,) . 19
I
20
21
-
22
:~~:~:~n~~:~~~~~h1~~,.L~~',;.~~';"'-~:I':.;;'~-;-I.:.',' ~ I
Multipiy line 24 by 2% (.02) . , , , . , . " 25 9~ ') i) r: ,_
Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- , . " 26
~th~r~fro~_"~t ~n_ ~ag_eA_-~._ .Li_st ~~e_ ~n~ _a~~unt_,~, ~ ~ ~ ~ ~ ~ ~::::::::::: ~ ~:::::::::: _
27
Unreimbursed employee expenses-job travel, union
dues, job education, etc, You must attach Form 2106
or 2106-EZ if required. (See page A-5,) .. 5.t,_~.,',\:'__C'
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _., _ _ _ _. _ _ _ _ _ _ _ _ 0 _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ s: ~.~ T:: _~ ~~ _ _ __
I.,) 0 r;.(
Tax preparation fees. , ' . , ' , . ' , , '
Other expenses-investment. safe deposit box. etc, List
type and amount ...___________________,____________________
Is Form 1040, line 36, over $137,300 (over $68,650 if married filing separateiy)?
ijJ No. Your deduction is not limited. Add the amounts in the far right COlumn}
for lines 4 through 27, Also, enter this amount on Form 1040, line 38,
o Yes. Your deduction may be limited, See page A-6 for the amount to enter,
OMS No. 1545.0074
~(Q)02
Attachment
Sequence No. 07
o
.;;tip '7, [) (V)
/(,ZO OQ
f)?J) (It)
o
o
..~
For Paperwork Reduction Act Notice, see Form 1040 instructions.
Gat. No. 12613Z
Schedule A (Form 1040) 2002
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 09/22/03
Tribunal/Case Number (See Addendum for case summary)
@OriginaIOrder/Notice
o Amended Order/Notice
o Terminate Order/Notice
W .;.()()il-,;}71f elVIl;-
PI9C!Sf..- ~ /Y'JI()~-<./s-r
RE: STUM, DONA]:']) L. JR
Employee/Obligor's Name (last, First, MI)
187-48-4814
Employee/Obligor's Social Security Number
8973101148
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
EmployerlWithholder's Federal EIN Number
SUPERVALU EASTERN REGION
3900 INDUSTRIAL RD
HARRISBURG PA 17110-2945
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these
amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 296.00 per month in current support
$ 44.00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 340.00 per month to be forwarded to payee below,
You do not have to vary your pay cycle to be in compliance with the SUPPOlt order, If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 78.46 per weekly pay period,
$ 156.92 per biweekly pay period (every two weeks),
$ 170.00 per semimonthly pay period (twice a month).
$ 340.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice, Send payment within seven (7) working days of the paydateJdate of withholding, You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed S5% of the employee's! obligor's
aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg, 2),
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
a;~vz~~t~:~:;~1~e;:~::::;::~ ClmfL~f;~~,L SECURITY NUMBER IN ORDER TO BE PROCESSED.
</,9f; v:3 BY THE COU Ji
Date of Order: ~(,i, 1.. '\-2103 t.,
~e~1 /)
4t
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-01
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
0"11 ~hecked you are required to provide a (Copy olthis lorm to your employee, II your employee works in a state that is
ditterenffrom the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. We appreciate the voluntary compliance 01 Federally recognized Indian tribes, tribaily-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. priority: Withhoiding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency I isted below.
3, Combining Payments: You can combine withheld amounts lrom more than one employee/obligor's income in a single payment to
each agency requesting withhoiding. You must, however, separately identify the portion olthe singie payment that is attributable to each
empioyee/obligor,
4. * Repo,l;..g tile. Paydarc/Dal(. of \V;tl,l,vldilrg. You IlIusl 1-=1'.011 tile paydatc/d"-K of vvitl.holdil1g Hllel! &o,dL rg tile pbylnerrt. Tkf
poydakfdate of nitlrhoklihg;!> tile Jb.te 0" vvl.i.....1. 8hlV....llt mH vvitl.I,{.ld f)OIIl tl,( elllpI6yee'& vvage3. You must comply with the law of the
state of the employee's1obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5, * Employee/Obligor with Multiple Support Holdings: II there is more than one Order/~~otice to Withhold Income lor Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must lollow
the law 01 the state 01 employee's/obligor's principal piace 01 employment. You must honor all Orders/Notices to the greatest extent
possible, (See #1 0 below)
6, Termination Notification: You must promptly notify the Requesting Agency when thE' employee/obligor is no longer working lor you,
Please provide the inlormation requested and return a copy 01 this Order/Notice to the Agency identified below,
WITHHOLDER'S 10: 9428100182
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
STUM. DONALD L. JR
8973101148 DATE OF SEPARATION:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8, Liability: II you lail to withhoid income as the Order/Notice directs, you are liable lor both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law 01 the State in which he or she is employed governs,
9, Anti-discrimination: You are subject to a fine determined under State iaw lor discharging an empioyee/obligor lrom employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10, * Withholding Limits: You may not withhold more than the lesser 01: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U,S,c. 91673 (b)l; or 2) the amounts allowed by the State 01 the empioyee's/obligor's principal place 01 employment.
The Federal limit applies to the aggregate disposabie weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11, Additionallnlo:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law 01 the state that issued this order with respect to these items,
Submitted By:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P.O, BOX 320
CARLISLE PA 17013
II you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at lZ1Zl 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 01 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: STUM, DONALD L. JR
PACSES Case Number 145105458
Plaintiff Name
KIMBERLY D. STUM
Docket Attachment Amount
02=-2778 CIVIL$ 340.00
Chiid(ren)'s Name!s):
PACSES Case t,umber
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
empioyee's/obligor's employment.
you are required to enroll the child(ren)
above in any health insurance coverage available
ernployee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name,
Docket Attachment Amount
$ 0.00
Chiid!ren)'s Name!s):
DOB
Docket Attachment Amount
$ 0.00
Child!ren)'s Name!s):
DOB
you are required to enroil the child(ren)
in any health insurance coverage available
employee's/obiigor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
employee's1obligor's employment.
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Nam'~
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
you are required to enroll the child(ren)
in any health insurance coverage available
employee's1obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
employee's1obligor's employment.
Addendum
Form E N-028
Worker ID $IATT
Service Type M
OMS No.: 0970-0154
:-' C d n 1""[ 8 ct
(")
C
'5:
-orb
mfT~
z:r
Zl;:
59 ~~;,
r::~c-~
;<
~c.:
~(,
-~;
~
.
c::>
w
V>
M
"
N
C1'
~
::;:3
i',"-,;];!~,
TI
",P .
'3(,:)
-"3i
;-) i-l
,;;fl'1
~-";-t
'-",
'0
"<
-0
:x
r::-
(,.)
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT.U.W
26 W. High Street
Carlisle. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v,
Docket No. 2002-2778
DONALD L. 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 wamed 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, High and Hanover Street, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU
SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: IllOIO~
By:
l/Li dsay Gi 'ch clay, Esquire
Supreme CoUrt ill # 87954
26 West High Street
Carlisle, P A 17013
(717) 243-6222
Counsel for Plaintiff
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIURNEYS.AT-LAW
26 W. High Street
Carlisle. P A
"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L, STUM,
Defendant
(In Divorce)
AMENDED COMPLAINT UNDER SECTION 3301(c)
OR 3301(d) OF THE DIVORCE CODE
COUNT I - DIVORCE
1. Plaintiff is Kimberly D. Sturn, who currently resides at 767 Greenspring Road,
Newville, Cumberland County, Pennsylvania.
2, Defendant is Donald L. Sturn, who currently resides at 109 South Water
Street, Newville, Cumberland County, Pennsylvania,
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six (6) months immediately previous to the filing of this Amended Complaint.
4. Plaintiff and Defendant were married on November 13, 1982 in Newville,
Cumberland County, Pennsylvania.
5, Plaintiff and Defendant have been living separate and apart since on or about
November 9, 2002.
6,
There is an original Divorce Complaint filed at the same term and number, as
referenced, above,
2
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS'AT'LAW
26 W. High Street
Carlisle. P A
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire the Court to order counseling.
See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference.
8, The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce.
COUNT II - EOUlTABLE DISTRIBUTION
9, The allegations in Paragraphs One through Eight, inclusive, are made a part
hereof and incorporated herein by reference,
10. Plaintiff and Defendant have acquired property, both real and personal, during
their marriage.
WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the
marital assets and liabilities and order an equitable distribution thereof.
COUNT III - ALIMONY
11.
Plaintiff incorporates Paragraphs I through 10 of her Answer and
Counterclaims,
3
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT.LAW
26 W. High Street
Carlisle, P A
.
12. Plaintiff, Kimberly D. Sturn, is without resources sufficient to pay for her
reasonable needs.
WHEREFORE, Plaintiff prays this Honorable Court award alimony in an amount
sufficient to provide for her reasonable needs,
Date: 1/2-0 foy
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
4
SAlOIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS-AT'LAW
26 W. High Street
Carlisle. P A
AFFIDAVIT
I, Kimberly D, Sturn, being duly sworn according to law, depose and say:
(1) I have been advised of the availability of marriage counseling and understand that
I may request that the court require that my spouse and I participate in counseling.
(2) I understand that the court maintains a list of marriage counselors ill the
Prothonotary's Office, which list is available to me upon request.
(3) Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court,
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.
Dated:
/ - dO - CJ.. ool..j
~,JJ- J/:;/~
Kim rly D, St laintiff/
5
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
.
VERIFICATION
I verify that the statements made in this Amended Complaint 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.
Dated:
/ -ao -OL)
~
. .
C) ""
c-- C:-~ CJ
~ C.:l
".- ."
, ,- .....
::';;.. "":"[
~ & -."", h-j:rJ
.1.-_ ,--
'" "rn
:':0
~, I::" I
~ -:0
---'i'j
"- ~, '-n
,:-::.:;
" ~ I"',.:' r-,-:,
-c--. ~ .1:-
~ "- 1'.J
~
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIQRNEYS.AT.LAW
26 W. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
IN RE: SALE OF MARITAL HOME (109 S. WATER ST., NEWVILLE, PA)
AGREEMENT AND STIPULATION OF COUNSEL
THIS AGREEMENT and STIPULATION OF COUNSEL is entered into this 2.1~
day of January, 2004, by and between Lindsay Gingrich Maclay, Esquire, counsel for
Kimberly D. Stum (hereinafter referred to as "Plaintiff'), and Carol A. Redding, Esquire,
counsel for Donald L. Sturn (hereinafter referred to as "Defendant").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties were joined in marriage on November 13, 1982, III
Newville, Pennsylvania;
WHEREAS, during the course of the marriage, the parties hereto acquired certain
real and personal property, including the marital residence, 109 South Water Street,
Newville, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital
Property"), which is currently occupied by Defendant and the parties' children;
WHEREAS, due to irreconcilable differences, the parties separated on or about
November 9, 2002;
WHEREAS, Defendant, because he remained in the Marital Home, was responsible
for the payments (a first and second mortgage and the taxes) associated therewith;
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT.LA.W
26 W. High Street
Carlisle. PA
WHEREAS, Defendant receives a credit of $71.00 per month in his APL obligation
for payment of the taxes and the first and second mortgages currently encumbering the
Marital Home;
WHEREAS, Defendant has not paid the taxes which are currently due and owing on
the Marital Home;
WHEREAS, the payments for the mortgage on the Marital Home are due and owing
for the November 21, 2003 payment to the present;
WHEREAS, the payments for the home equity loan on the Marital Home are due
and owing for October 2003 to the present;
WHEREAS, Defendant has received from Plaintiff a $71.00 per month credit for the
payment of these obligations;
WHEREAS, the parties plan to sell the Marital Home on or around January 23,
2004;
WHEREAS, both Plaintiff and Defendant wanted the potential buyers of the marital
property to pay enough money for the Marital Property so that they (the Plaintiff and
Defendant) would not have to bring any out-of-pocket cash to the settlement table;
WHEREAS, both Plaintiff and Defendant wanted to realize enough money from the
sale of the Marital Home to pay off the encumbrances on the Marital Home;
WHEREAS, the potential buyers of the Marital Home were successful in obtaining
special financing which gave them enough money to meet the sales price that would payoff
the encumbrances and relieve both Plaintiff and Defendant of any out-of-pocket obligations
at the settlement table;
WHEREAS, the potential buyers had to obtain this special financing through a
program called "Partners in Charity";
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT'LAW
26 W, High Slreel
Carlisle, PA
WHEREAS, at settlement, Plaintiff and Defendant, collectively, must make a Seven
Thousand ($7,000.00) Dollar charitable contribution to this "Partners in Charity" Program;
WHEREAS, Plaintiff and Defendant will receive a tax deduction as a result of this
charitable contribution;
WHEREAS, Defendant has indicated that he would like to file a separate 2003 and
2004 tax return;
WHEREAS, Defendant has agreed to allow Plaintiff to claim the $7,000.00
charitable contribution;
WHEREAS, the sales price which covered the outstanding obligation on the two
mortgages and avoided any out-of-pocket expenses to Plaintiff and Defendant was
calculated under the assumption that Defendant would continue making the mortgage
payments;
WHEREAS, Defendant ceased making the mortgage payments, thereby creating a
potential deficit at the settlement table;
WHEREAS, counsel in this matter are acting as agents on behalf of the parties, with
the parties full knowledge and understanding of the ramifications of entering into said
Stipulation and Agreement;
NOW, THEREFORE, counsel, on behalf of and with full knowledge and
understanding by their respective parties, wish to enter into this Agreement and Stipulation
with regard to the sale of the Marital Home and agree as follows:
1.
If there is any deficit at the settlement table, Defendant agrees to be
responsible for at least the first Two Hundred Eight-Four ($284.00) Dollars of such deficit;
and
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS'AT'LAW
26 W. High Street
Carlisle, P A
2. If there is any additional deficit at the settlement table, once Defendant has
paid the first $284.00, the parties agree to contact their attorneys, in advance of settlement,
to discuss how to handle any such additional deficit; and
3. Plaintiff will file her 2003 and 2004 taxes separately from Defendant; and
4. Plaintiff will claim the $7,000.00 charitable contribution on her 2004 tax
return; and
5. Defendant agrees to execute, within ten (10) days of submission of said
document(s) to him, any and all documents needed to allow Plaintiff to take the $7,000,00
charitable contribution as a deduction.
IN WITNESS WHEREOF, counsel for both parties have hereunto set their hands
and seals the day and year first written, above.
ch lay, Esquire
S IS, S F, FLOWER & LINDSAY
26 West High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
C 0. ''l Q\...O 0. ~ ol
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
Attorney for Defendant
JAM J a ZOO4
"" 0
C~.-l
c::, TI
.'
'-- ....
-.,.~
?'Ii ,-j
--- ,." r~
rn
P...) '1)
C,', c.)
--'J ~
--.
, '
- f' ~
C'~'
C"
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEVS-AT.LAW
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
IN RE: NON-DISSOLUTION OF MARITAL ASSETS
AGREEMENT AND STIPULATION OF COUNSEL
THIS AGREEMENT and STIPULATION OF COUNSEL is entered into this ~
day of October, 2003, by and between Lindsay Gingrich Maclay, Esquire, counsel for
Kimberly D. Sturn (hereinafter referred to as "Plaintiff'), and Carol A, Redding, Esquire,
counsel for Donald L. Sturn (hereinafter referred to as "Defendant").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties were joined in marriage on November 13, 1982, III
Newville, Pennsylvania;
WHEREAS, during the course of the marriage, the parties hereto acquired certain
real and personal property, most of which remains at the marital residence which IS
currently occupied by Defendant and the parties' children;
WHEREAS, due to irreconcilable differences, the parties separated on or about
November 9,2002;
WHEREAS, Defendant plans to move to Florida with the parties' children on or
around January 1, 2004;
WHEREAS, on or about October 26, 2003, Defendant plans to leave in order spend
a week with his sister in Alabama (who lives approximately twenty (20) minutes from
Florida), in an attempt to get his affairs lined up for the move;
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT'LAW
26 W. High Street
Carlisle, PA
WHEREAS, Defendant plans to rent a U-Haul to go to his sister's in Alabama;
WHEREAS, Plaintiff is worried that Defendant may remove marital property,
which would be subject to equitable distribution, from the marital home in an attempt to
dissipate marital assets;
WHEREAS, counsel in this matter are acting as agents on behalf of the parties, with
the parties full knowledge and understanding of the ramifications of entering into said
Stipulation and Agreement;
NOW, THEREFORE, counsel, on behalf of and with full knowledge and
understanding by their respective parties, wish to enter into this Agreement and Stipulation
with regard to Non-Dissipation of Marital Assets and agree as follows:
1. Defendant will not remove any marital property from the marital residence
without first notifying Plaintiff, through counsel, of his intention to do so; and
2, Defendant will not transport any marital property across state lines without
first notifying Plaintiff, through counsel, of his intention to do so; and
3, Defendant will not sell any marital property without first notifying Plaintiff,
through counsel, of his intention to do so; and
IN WITNESS WHEREOF, counsel for both parties have hereunto set their hands
and seals the day and year first written, above.
(\(b}rCiO () Rodrll~
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
Attorney for Defendant
<
<
<
\
\
~,
()
c:
'"
1:--=.:,
::.~
<-
~. -'.~
f"-,)
c\
-',"\
r.,)
(...')
,r~
r\
,,,
-.,
"-1
,-
fh;J
iT!
C::-.I
CJ
of"~
f~ - .~'
r;.,
"
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-ATeLAW
26 W. High Street
Carlisle. P A
()
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No; 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
IN RE: NON-DISSOLUTION OF MARITAL ASSETS
ORDER ADOPTING STIPULATION OF COUNSEL
_ , looi
AND NOW, this ~day of -----Ub~, ~, upon consideration of
the foregoing Stipulation and on Motion of Lindsay Gingrich Maclay, Esquire, counsel for
Plaintiff, Kimberly D, Stum, and on Motion of Carol A. Redding, Esquire, counsel for
Defendant, Donald L. Stum, it is hereby ORDERED, ADJUDGED and DECREED that the
terms, conditions and provisions of the foregoing Stipulation, dated October z.f ,2003, are
adopted as an Order of Court.
BY THE COURT,
cc: ,/Lindsay Gingrich Maclay, Esquire ~
...carol A. Redding, Esquire
o d. -04 - 0 cJ
, .
ViNVAlASNN,:!d
I "I'O,~~ .." '-I" "'r'"'n'''
1\1.1\llU~) Ur ','" ;,' :'>:::n h.J
L ~ :8 UV ~- 831 ?OOZ
A!MONOH.J.O'dd 3Hl .:iO
301:1:10-0318
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
I'
"
"
,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
IN RE: NON-DISSOLUTION OF MARITAL ASSETS
AGREEMENT AND STIPULATION OF COUNSEL
THIS AGREEMENT and STIPULATION OF COUNSEL is entered into this ..2:J5!-
day of October, 2003, by and between Lindsay Gingrich Maclay, Esquire, counsel for
Kimberly D. Sturn (hereinafter referred to as "Plaintiff'), and Carol A. Redding, Esquire,
counsel for Donald L. Stum (hereinafter referred to as "Defendant").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties were joined in marriage on November 13, 1982, m
Newville, Pennsylvania;
WHEREAS, during the course of the marriage, the parties hereto acquired certain
real and personal property, most of which remains at the marital residence which is
currently occupied by Defendant and the parties' children;
WHEREAS, due to irreconcilable differences, the parties separated on or about
November 9,2002;
WHEREAS, Defendant plans to move to Florida with the parties' children on or
around January 1, 2004;
WHEREAS, on or about October 26, 2003, Defendant plans to leave in order spend
a week with his sister in Alabama (who lives approximately twenty (20) minutes from
Florida), in an attempt to get his affairs lined up for the move;
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS'AT'LAW
26 W. High Street
Carlisle. PA
p
WHEREAS, Defendant plans to rent a U-Haul to go to his sister's in Alabama;
WHEREAS, Plaintiff is worried that Defendant may remove marital property,
which would be subject to equitable distribution, from the marital home in an attempt to
dissipate marital assets;
WHEREAS, counsel in this matter are acting as agents on behalf of the parties, with
the parties full knowledge and understanding of the ramifications of entering into said
Stipulation and Agreement;
NOW, THEREFORE, counsel, on behalf of and with full knowledge and
understanding by their respective parties, wish to enter into this Agreement and Stipulation
with regard to Non-Dissipation of Marital Assets and agree as follows:
1, Defendant will not remove any marital property from the marital residence
without first notifying Plaintiff, through counsel, of his intention to do so; and
2. Defendant will not transport any marital property across state lines without
first notifying Plaintiff, through counsel, of his intention to do so; and
3. Defendant will not sell any marital property without first notifying Plaintiff,
through counsel, of his intention to do so; and
IN WITNESS WHEREOF, counsel for both parties have hereunto set their hands
and seals the day and year first written, above.
(\ (b)-r(1,O () Qodr1)~
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
Attorney for Defendant
~~
-'-"
r-,
('-:
"
f','
VI
~'i'"
r,,)
C~)
1'.')
c_-)
C.:',I
("'\
':;1
::;.J
i'ii;2
r'n
C::-:i
~-
C)
'"
,
I'..-i
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS'AT-LA.W
26 w. High Street
Carlisle, PA
"
tI
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v,
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
INRE: SALE OF MARITAL HOME (109 S. WATER ST., NEWVILLE, PA)
ORDER ADOPTING STIPULATION OF COUNSEL
... I Zoo ~
AND NOW, this ..3r.! day of ~~' ~, upon consideration of
the foregoing Stipulation and on Motion of Lindsay Gingrich Maclay, Esquire, counsel for
Plaintiff, Kimberly D, Stum, and on Motion of Carol A. Redding, Esquire, counsel for
Defendant, Donald L. Sturn, it is hereby ORDERED, ADJUDGED and DECREED that the
terms, conditions and provisions of the foregoing Stipulation, dated January .z..t-, 2004, are
adopted as an Order of Court.
BY THE COURT,
cc: vLindsay Gingrich Maclay, Esquire
;/Carol A. Redding, Esquire
V . )
['.~":O \
'-i'1o.c:~Qd.
%
O~ -0<1-0,/
V!NWIlASNN3d
f ""'nc"" ,.,<" ,-, '~-"\in"
1\JJ'l1 I ).) ',.!~:i? !'!~~:it'1 v
L ~ :9 Uti ~- 113.:J ~aoz
,l,WLONOHlOiJd 3Hl:K)
301:1=!0-0311:1
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
IN RE: SALE OF MARITAL HOME (109 S. WATER ST., NEWVILLE, PA)
AGREEMENT AND STIPULATION OF COUNSEL
THIS AGREEMENT and STIPULATION OF COUNSEL is entered into this lIe(
day of January, 2004, by and between Lindsay Gingrich Maclay, Esquire, counsel for
Kimberly D. Stum (hereinafter referred to as "Plaintiff'), and Carol A, Redding, Esquire,
counsel for Donald L. Stum (hereinafter referred to as "Defendant").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties were joined in marriage on November 13, 1982, III
Newville, Pennsylvania;
WHEREAS, during the course of the marriage, the parties hereto acquired certain
real and personal property, including the marital residence, 109 South Water Street,
Newville, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital
Property"), which is currently occupied by Defendant and the parties' children;
WHEREAS, due to irreconcilable differences, the parties separated on or about
November 9, 2002;
WHEREAS, Defendant, because he remained in the Marital Home, was responsible
for the payments (a first and second mortgage and the taxes) associated therewith;
SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TQRNEYS-AT.LAW
26 w. High Street
Carlisle, P A
WHEREAS, Defendant receives a credit of $71.00 per month in his APL obligation
for payment of the taxes and the first and second mortgages currently encumbering the
Marital Home;
WHEREAS, Defendant has not paid the taxes which are currently due and owing on
the Marital Home;
WHEREAS, the payments for the mortgage on the Marital Home are due and owing
for the November 21, 2003 payment to the present;
WHEREAS, the payments for the home equity loan on the Marital Home are due
and owing for October 2003 to the present;
WHEREAS, Defendant has received from Plaintiff a $71.00 per month credit for the
payment of these obligations;
WHEREAS, the parties plan to sell the Marital Home on or around January 23,
2004;
WHEREAS, both Plaintiff and Defendant wanted the potential buyers of the marital
property to pay enough money for the Marital Property so that they (the Plaintiff and
Defendant) would not have to bring any out-of-pocket cash to the settlement table;
WHEREAS, both Plaintiff and Defendant wanted to realize enough money from the
sale of the Marital Home to pay offthe encumbrances on the Marital Home;
WHEREAS, the potential buyers of the Marital Home were successful in obtaining
special financing which gave them enough money to meet the sales price that would payoff
the encumbrances and relieve both Plaintiff and Defendant of any out-of-pocket obligations
at the settlement table;
WHEREAS, the potential buyers had to obtain this special financing through a
program called "Partners in Charity";
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle. P A
WHEREAS, at settlement, Plaintiff and Defendant, collectively, must make a Seven
Thousand ($7,000.00) Dollar charitable contribution to this "Partners in Charity" Program;
WHEREAS, Plaintiff and Defendant will receive a tax deduction as a result of this
charitable contribution;
WHEREAS, Defendant has indicated that he would like to file a separate 2003 and
2004 tax return;
WHEREAS, Defendant has agreed to allow Plaintiff to claim the $7,000.00
charitable contribution;
WHEREAS, the sales price which covered the outstanding obligation on the two
mortgages and avoided any out-of-pocket expenses to Plaintiff and Defendant was
calculated under the assumption that Defendant would continue making the mortgage
payments;
WHEREAS, Defendant ceased making the mortgage payments, thereby creating a
potential deficit at the settlement table;
WHEREAS, counsel in this matter are acting as agents on behalf of the parties, with
the parties full knowledge and understanding of the ramifications of entering into said
Stipulation and Agreement;
NOW, THEREFORE, counsel, on behalf of and with full knowledge and
understanding by their respective parties, wish to enter into this Agreement and Stipulation
with regard to the sale of the Marital Home and agree as follows:
1.
If there is any deficit at the settlement table, Defendant agrees to be
responsible for at least the first Two Hundred Eight-Four ($284,00) Dollars of such deficit;
and
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
2. If there is any additional deficit at the settlement table, once Defendant has
paid the first $284.00, the parties agree to contact their attorneys, in advance of settlement,
to discuss how to handle any such additional deficit; and
3. Plaintiff will file her 2003 and 2004 taxes separately from Defendant; and
4. Plaintiff will claim the $7,000.00 charitable contribution on her 2004 tax
return; and
5. Defendant agrees to execute, within ten (10) days of submission of said
document(s) to him, any and all documents needed to allow Plaintiff to take the $7,000.00
charitable contribution as a deduction.
IN WITNESS WHEREOF, counsel for both parties have hereunto set their hands
and seals the day and year first written, above.
sayG'
S IS, S F, FLOWER & LINDSAY
26 West High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
~ 0. 'LoU) 0- ~ol
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
Attorney for Defendant
JAN J 3 ZOO4
'" C)
c:~
~; "Tl
'- '....
-,- "T1
fii r~
--- r,;
r~-".) C;J
C'~ f.)
r: ,
--:J ""1",
.--~
-, i'..'
- r 0
C'}
C:':
~(\
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEVS-AT'LAW
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Petitioner
DOMESTIC RELATIONS SECTION
v.
PACSES No. 145105458
Docket No. 2002-2778 (Civil)
DONALD L. STUM,
Respondent
(In Divorce)
PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE
AND NOW, this ,3FJi day of February, comes Kimberly D. Stum, by and through
her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Petition for
Modification of Alimony Pendente Lite (hereinafter referred to as "A.P.L."), and in support
thereof avers as follows:
1) Petitioner, Kimberly D, Stum, is an adult individual who currently resides at
767 Greenspring Road, Newville, Pennsylvania.
2) Respondent, Donald L. Stum, is an adult individual whose last known
address was 109 South Water Street, Newburg, Pennsylvania and whose last known mailing
address is P.O. Box 31, Newburg, Pennsylvania.
3) The parties hereto are husband and wife, having been joined in marriage on
November 13,1982,
4) The parties separated on November 9, 2002 when Petitioner left the marital
residence,
5)
Petitioner filed for A.P.L. at the above-referenced term and number and
Spousal Support at PACSES Number 611105401 on May 1, 2003.
6) Respondent filed for Child Support at PACSES Number 214105453 on May
1,2003,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS.AT-LAW
26 W. High Street
Carlisle. P A
7) Petitioner subsequently withdrew her Petition for Spousal Support (P ACSES
Number 611105401) on May 12, 2003.
8) On May 21, 2003 multiple Orders were issued with regard to A.P.L.,
Spousal Support, and Child Support,
9) Petitioner appealed the A.P,L. Order and the Child Support Order,
10) On September 16, 2003, a Support Hearing was held before Support Master
Michael R. Rundle.
11) On September 19, 2003 Support Master Rundle issued an Order with regard
to A.P,L. and Child Support, A copy of the September 19, 2003 Order (hereinafter referred
to as the "September 19th Order") is attached hereto as Exhibit "A" and is incorporated as if
set out in full herein.
12) Neither Petitioner nor Respondent appealed the September 19th Order.
13) Respondent was ordered to pay $846.00 per month in A.P.L. with a set-off
of $479,00 (which amount represents Petitioner's proportionate share of the Child Support
obligation, plus health insurance coverage), and a set-off of $71.00 toward the monthly
marital mortgage obligation purportedly being paid by Respondent. See Exhibit "A",
14) The September 19th Order required Respondent to pay Petitioner $296,00 per
month in A.P,L. See Exhibit "A".
15) On January 23, 2004 the marital home was sold and Respondent informed
Petitioner that he was moving in with his sister in another state.
16)
On or about January 23, 2004, Petitioner was informed that the parties'
minor child, Brenton Sturn, whose date of birth is November 27, 1986, was moving in with
Petitioner's sister in order to finish out his senior year of high school in this area.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
17) On January 27,2004, due to the sale of the marital home and due to the fact
that the parties' minor child was no longer living with Respondent, Petitioner filed a
Petition for Modification of A.P.L. and Child Support.
18) On January 29, 2004, Domestic Relations notified Petitioner that the Petition
was incorrectly filed with Domestic Relations as the only docket number left was the civil
number, above, thereby forcing Petitioner to delay the filing of her Petition,
19) Petitioner continues to lack sufficient property to provide for her reasonable
needs and is unable to support herself through appropriate employment.
20) Petitioner continues to require reasonable support to adequately maintain her
during the pendency of the divorce action in accordance with the standard of living
established during the marriage.
21) Respondent continues to be financially able to provide for the reasonable
needs of the Petitioner.
WHEREFORE, Petitioner prays this Honorable Court consider the above-listed
factors and issue an Order for A.P,L. and Child Support in an amount equal to the
Pennsylvania State Support Guidelines, retroactive to either the date of sale of the marital
home or January 27, 2004, the date on which Petitioner attempted to file this Petition for
Modification.
Respectfully Submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
,-~
1 . \
Lin say Gi c Ma y, Esquire
Attorney 1.D. No. 87954
26 West. High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorneys for Petitioner
SAlOIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS-AT.LAW
26 W. High Street
Carlisle, P A
VERIFICATION
I verify that the statements made in this Petition for Modification of Alimony
Pendente Lite 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,A.
Section 4904 relating to unsworn falsification to authorities.
Date:
J;( - do -0'-/
ift~A$'
Kimb rly D. Stum
j),i~
/
A
Exhibit "A"
-
. ,
KIMBERLY 0, STUM,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
DONALD L. STUM,
Defendant
PACSES NO. 145105458
DOCKET NO, 02-2778 CIVIL
INTERIM ORDER OF COURT
AND NOW, this, : J "', of September, 2003, upon consideration of the
Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. The Defendant shall pay to the State Collection and Disbursement Unit for
transmission to the Plaintiff as alimony pendente lite the sum of $296,00
per month,
B, The effective date of this order is May 1, 2003,
C, The Defendant shall pay an additional $44,00 per month on arrearages
until paid in full,
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order,
Exceptions shall conform with the requirements of Rule 1910,12(f), Pa, R.G.P, If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions, If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order. /i
By the Court, 1//
( / /~
/~ (/
" -
esley Oler:;:: r., J,
Cc: Kimberly D, Stum
Donald L. Stum, Jr,
Lindsay Gingerich-MaClay, Esquire
For the Plaintiff
Carol A. Redding. Esquire
For the Defendant
DRO
KIMBERLY D, STUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
DONALD L. STUM, JR.,
Defendant
PACSES NO. 145105458
DOCKET NO. 02-2778 CIVIL
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following a hearing held before the undersigned Support Master on September 16,
2003, the following report and recommendation are made:
FINDINGS OF FACT
1, The Plaintiff is Kimberly D, Stum, who resides at 767 Greenspring Road,
Newville, Pennsylvania,
2, The Defendant is Donald L, Stum, Jr" who resides at 1 09 South Water Street.
Newburg, Pennsylvania and whose mailing address is P,O, Box 31, Newburg,
Pennsylvania 17240,
3, The parties are husband and wife having married on November 13, 1982,
4, The parties separated on or about November 9, 2002 when the Plaintiff left
the marital residence,
5, On May 1, 2003 the Plaintiff filed a claim for alimony pendente lite in
connection with the above captioned divorce action,
6. The parties are the parents of two children, one of whom, Brenton Stum, born
November 27,1986, is a minor.
7, Said minor child resides with the Defendant.1
8, The Plaintiff is employed by United Church of Christ Homes at the Thornwald
Home in a clerical capacity.
9, When hired by her present employer in February, 2001, the Plaintiff worked a
37,5 hour 5-day work week,
10. The Plaintiff suffers from multiple sclerosis,
I On May 1. 2003 the Defendant filed a complaint for support of said minor child against the Plaintiff to 393
Support 2003, That claim will be addressed as an offset in this action,
EXHIBIT "A"
11.ln May 2001, because of her medical condition and treatment she was
receiving. the Plaintiff reduced her work schedule to a 22.5 hour 3-day work
week,
12.ln January, 2003 the Plaintiff increased her work schedule to 30 hours per
week,
13. The Plaintiff earns $12.65 per hour and through August 31, 2003 has earned
$14,811,00.
14, The Plaintiffs multiple sclerosis causes problems with fatigue and
abnormalities of balance and vision,
15. The Plaintiffs treating physician, John L, Vickery, M,D" a neurologist, opined
that an increase in the Plaintiff's workload would lead to a serious
deterioration in her condition,
16, The Plaintiff attempts to lead a norma/life in her non-work hours as her
disease permits,
17, The Plaintiff files her federal tax return as married/separate,
18, The Defendant is employed as a warehouseman earning $16,62 per hour for
a 40 hour work week,
19. Before and after the separation the Defendant has worked a considerable
amount of overtime.
20. The Defendant's year-to-date gross income through the pay period ending
September 6,2003 has been $44,531.002
21. The Defendant pays $27,83 per week on medical insurance coverage for
himself, the Plaintiff and the minor child,3
,
22, The Defendant pays a first mortgage of $251,06 bi-weekly and a second
mortgage of $311.43 per month on the marital residence,
23, The Defendant pays real estate taxes of approximately $1,000,00 per year on
the marital residence,
2 Of that figure $19,722.00 is overtime pay. Working no overtime for the remainder of the year would resuh in
gross annual income of $55, 168,00, The Defendant's gross annual income in 1001 was $47,335,00 including
overtime.
J The Defendant bears no additional cost because the Plaintiff is provided with coverage.
2
24, The Defendant will file his federal tax return for 2003 as head of household
and claim his minor child as a dependency exemption.
DISCUSSION
Alimony pendente lite is awarded to sustain the dependent spouse on a basis
of equality with his or her spouse while maintaining or defending a divorce action,
McNulty v. McNulty, 500 A.2d. 876 (Pa, Super. 1985), Factors to consider in
determining entitlement to alimony pendente lite include the separate estate and
income of the claimant, the ability of the other party to pay, and the character,
situation and surroundings of the parties, Litmans v, Litmans, 673 A.2d, 382
(Pa, Super, 1996), If an award of alimony pendente lite is warranted. the
amount of the award is calculated pursuant to the support guidelines. Little v, Little,
47 Cumberland L,J, 131 (1998),
As will be set forth below, there is a significant disparity in the incomes of the
parties, The Plaintiff has no separate estate with which to maintain herself, The
Defendant has the ability to pay alimony pendente lite, The Plaintiff is not on an
equal footing to litigate the divorce action, An award of alimony pendente lite is
justified,
At issue in this case is whether the Plaintiff's actual earnings should be
utilized in computing the respective support obligations in this case or whether
she should be imputed with an earning capacity higher than her earnings, In
determining a parent's obligation to pay support for his or her child, the focus is on
the parent's earning capacity, not on his or her actual earnings, Mooney v, Doubt,
766 A.2d, 1271 (Pa, Super. 2001), Earning capacity is defined not as an amount
which a party can theoretically earn, but rather what he or she can realistically earn
under the circumstances considering his or her age, health, physical and mental
condition and training, Riley v, Foley, 783 A.2d, 807 (Pa, Super, 2001),
The Plaintiff has been working 30 hours per week since the filing of her
complaint, Prior to the separation of the parties she worked only 22 1/2 hours per
week, She suffers from multiple sclerosis, Her treating physician opined that
increasing her work schedule would have a detrimental effect on her physical
condition, Under the circumstances, it is the opinion of this Master that the Plaintiff's
actual earnings constitute her earning capacity.
The Plaintiff's gross wages through August 31,2003 are $14,811,00, or
$1,783,00 per month, Filing her federal income tax return as married/separate, her
net monthly income is $1,438,004
The Defendant's gross wages through September 6, 2003 have been
$44,531,00, This includes $19,722,00 of overtime pay, Because of the financial
impact of the Plaintiff's departure from the household, the Defendant has worked an
4 See Exhibit "A" for the deductions from gross income.
3
excessive amount of overtime in 2003. The overtime pay actually earned through
September 6, 2003 will be included in his income for support purposes, However,
this Master will not speculate on how much, if any, overtime the Defendant will work
for the remainder of the year. Adding only his regular weekly wages for the
remainder of the year to his year-to-date earnings would result in total annual
income of approximately $55,168.00, or $4,597,00 per month. This figure will be
utilized to calculate his support obligation,
With gross monthly income of $4,597,00, filing his federal income tax as head
of household, and claiming his minor son as a dependency exemption, the
Defendant would have net monthly income of $3,553,00,5
Following the procedure setforth in Pa, R.C,P. 1910,16-4(e) in computing the
spousal support or alimony pendente lite obligation of a spouse who has physical
custody of a child for whom the other spouse has a support obligation, the first step
is to calculate the alimony pendente lite obligation based upon actual net monthly
incomes of the parties as if there were no children. In this case that results in an
obligation of $846,00 per month,s
In the second step this figure is added to the Plaintiff's net monthly income
and deducted from the Defendant's net monthly income, In the third step the
Plaintiff's child support obligation is calculated based upon the adjusted net monthly
incomes from step 2, The guideline calculation is set forth on Exhibit "C," With
combined net monthll income of $4,991,00 the basic support requirement for the
one child is $927,00, The Plaintiff's8 proportionate share of that amount is
$424,00, The adjustment for health insurance increases the obligation to $479,00,
The obligation is increased further by $71,00 because the monthly mortgage
obligation being paid by the Defendant on the marital residence qualifies for an
adjustment under Pa. R.C,P, 191 0.16-6(e), The total child support obligation after
adjustments is $550,00 per month,
In the fourth and final step the child support obligation from the third step is
deducted from the alimony pendente lite obligation of the first step, and the
difference is awarded to the claimant as alimony pendente lite, The difference in this
case is $296,00 per month,
5 See Exhibit "A" for the credits to and deducrions from gross income.
6 See Exhibit "B" for the calculation,
7 See Pa, R,C,P, 1910,16-3,
II The wife. who is the Plaintiff in this action, is designated as the Defendant in the guideline calculation on
Exhibit "C" to determine her child support obligation,
4
RECOMMENDATION
A. The Defendant shall pay to the State Collection and Disbursement Unit for
transmission to the Plaintiff as alimony pendente lite the sum of $296,00 per
month,
8, The effective date of this order is May 1, 2003.
C. The Defendant shall pay an additional $44.00 per month on arrearages until
paid in full.
~..\.e vv...1u v [8,:2co 3
Dat
C\ (;j",\ ,,,\ r
\ \A..... lJ . . , :-.c. Joo:::. Ie: , .. ,I. ~_
Michael R. Rundle
Support Master
5
In the Court of Common Pleas of Cumberland County, Pennsylvania
.. y{ ~:::<><~,'.. . ,c' _.',<,":':_";;""'U'::~;"'~""!' " "C, ,', _ ',' "
'.,.'l;ax,befaiJRffoft..",
" .', .".,.",,,J:t ".<"J, ", , ,
',.', '_,.,....._,,'.',"".. .-.,.... _-.'" p' T .,,_.... c_>:'. ,.,_ ,,'_".'.,_,_'
Plaintiff Name: Kimberly D,Stum
Defendant Name: Donald L. Stum Jr,
Docket Number: 02-2778 Civil
PACSES Case Number: 145105458
Other State ID Number:
Tax Year:
..'..',. . '.', ,',' <i.';,"""'>?' ,;,:"", 'Y"i' , Defendant 'Plaintiff
1, Fling Status Head of Married Filing
Household Seoaratelv
2, Who Claims the Exemptions Customize
3, Number of Exemptions 2 1
4, Monthiv Taxable Income $4.597,33 $1,782,85
5, Deductions Method
6, Deduction Amount $583,33 $395,83
7, Exemption Amount $508,34 $254,17
8, Income MINUS Deductions and Exemptions $3,505,66 $1,132,85
9, Tax on income $517,67 $14076
10, Child Tax Credit - -
11, Manual Adiustments to Taxes - .
12, Federal Income Taxes $517 .67 $140,76
12 a, Earned Income Credit - -
13, State Income Taxes $128,73 $49,92
14, FICA Pavments $351,69 $136,39
15, City Where Taxes Apply --Select-.
16, Local Income Taxes $45,97 $17,83
TOTAL Taxes $1,044.06 $344.90
Support Calc 2003 . T
EXHIBIT "li."
In the Court of Common Pleas of Cumberland County, Pennsylvania
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Kimberly D.Stum
Donald L. Sturn Jr.
02-2778 Civil
145105458
$3,553,27
2. Less All Other Su ort
3. Less Obli ee's Monthl Netlncome
$1,437.95
4, Difference
$2,115,32
5. Less Child Su
6. Difference
$2,115.32
7, Multi I b 30% or 40%
40,00%
$846.13
9. Ad'ustment for Other Ex enses
10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $846,13
Date: 9/17/2003
supportCalc 2003 . T
EXHIBIT IISn
Defendant Name: Kimberly Stum
Plaintiff Name: Donald Stum
In the Court of Common Pleas of Cumberland County, Pennsylvania
S'l!pport'GlJid~lil'le::w()tl<~I1~~t;,
, "'RUJ.1910;1li'ljj~$;:<:';c':"''''':'
Docket Number: 393 S 2003
PACSES Case Number:
Other Case 10 Number:
:'Oefendant
$2,284.08
:Plaintiff
1
$2,707,14
$2,284,08
$2,707,14
$4,991.22
Derivative Benefit.
$927,00
45,76
$424,20
54,24
$502,80
$55,19
Ius Lines 10,11,12,13
$479,39
Date:
$479.39
9/17/2003
Summary Report
51. PAC5E5 Multiole Family Adjustment -
52. 5pousal 5upport Award -
53. Adiustment for Excess Mortgage Payments IIf Aoolicablel $71,05
54. Final Calculated 5upport Obligation Monthly: Weekly:
Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable i $550.44 $126.68
TAX INFORMATION Tax Method Filina 5tatus Exemntions
55. Defendant Circular E Sinale 1
56. Plaintiff 1040 ES Head of Household 2
57, Total 5upport Amount if Deviating from Guidelines Calculation Monthly: Weekly:
. .
58. Justification for Deviatin from Guidelines Calculation andlor Other Case Comments:
SupportCa/c 2003 - T
EXHIBIT "e"
Q
L
~
~~
~t~
:3
,
....,
=
=
......
....,
,.,
CD
I
..
~
~~
m
-0
:..,
~~
~t(")
('3m
_:-i
~
".
3:
U1
VI
KIMBERLY D, STUM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
VS,
CIVIL ACTION - DIVORCE
DONALD L. STUM
DefendantlRespondent
NO, 2002-2778 CIVIL TERM
IN DIVORCE
Pacses# 145105458
ORDER OF COURT
AND NOW, this 23'. day of February, 2004, a petition has been filed against you, Donald L. Slum.
to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic
Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on March 23. 2004 at 9:00 A.M. , for a
conference and to remain until dismissed by the Court, If you fail to appear as provided in this Order, an
Order of Court may be entered against you,
You are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by the Rule
1910,1 \.
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E, Hoffer, President Judge
Copies mailed
2-23-04 to:<
Petitioner
Respondent
Lindsay Gingrich-Maclay, Esquire
Carol Redding, Esquire
Date of Order: February 23,2004
~'J'-
~
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU, 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 MAY GET LEGAL
HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE,
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
/'f:V,p
()
C
:<:;'"
~13i:";::;
en
r".~' r~
.::: .....'
~;~-~
~--".c.:
~
~.
\
'"
C~
=
..c-
....,
,.,
=
C
-'r~
-t
:r
fl1FJ
~8
C"" I
-==10
~~~
',:;,;!
.A...'
-...:,:
='-,
...
,~
::i1:
.c:-
C,)
o
KIMBERLY D, STUM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
DONALD L. STUM, JR.,
DefendantlRespondent
NO. 2002-2778 CIVIL TERM
IN DIVORCE
Pacses# 145105458
ORDER OF COURT
AND NOW, this23rd day of March, 2004, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $1,873.40 and Respondent's monthly net income/earning
capacity is $2,123.37, it is hereby Ordered that the Respondent pay to the Pennsylvania State
Collection and Disbursement Unit, $340.00 per month ($64.00 per month plus $264.00 on arrears)
payable weekly as follows; $14.77 for alimony pendente lite and $63.69 on arrears. First payment
due next pay date. Arrears set at $1,144.34 as of March 23, 2004, The effective date of the order is
February 1, 2004.
This order is based upon the fact that the marital home has been sold and that the petitioner has a
child support obligation to the respondent, for a son that is in his care and custody, that offsets the
APL obligation.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C,S,g 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Kimberly D. Stum. Payments must be made by
check or money order. All checks and money orders must be made payable to P A SCDU and mailed
to:
P A SCDU
P,O. Box 69110
Harrisburg, P A 17106-911 0
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent
and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in
unreimbursed medical expenses. Petitioner to provide medical insurance coverage, Within thirty
(30) days after the entry of this order, the Petitioner shall submit written proofthat medical insurance
coverage has been obtained or that application for coverage has been made. Proof of coverage shall
consist, at a minimum, of: I) the name of the health care coverage provider(s); 2) any applicable
identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be
made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions,
and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a
description of all deductibles and co-payments; and 8) five copies of any claim forms.
This Order shall become final ten days after the mailing of the notice of the entry of the Order to the
parties unless either party files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. j, Shadday
Mailed copif on
3-,)9.0 to: <
/
BY THE COURT,
Petitioner
Respondent
Lindsay Gingrich Maclay, Esquire
Carol Redding, Esquire
J.
o
~~
,., ,',-.
s.~t'?,
~~ 5_~'
~~t~
5(-~~
:1-~ ~~:!
:::-t n r'lt::'. C';
~
.'
-
.....,
=
=
..,..
......
:2.::...
~
C..)
o
~
-I
::r:~
rTl~
'"'OF;;
el6
:cor,
r:J "
'-0
din
;::-1
~-
~
-0
:J;:
Y.'
0'
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 07/23/04
Tribunal/Case Number (See Addendum for case summary)
o Original Order/Notice
(8) Amended Order/Notice
o Terminate Order/Notice
})(I (WCd -d 77R ('II
;J/f(!c:p:, /Y<-.-;OLJy<;,r
RE: STUM, DONALD L. JR
Employee/Obligor's Name (last, First, Mil
187-48-4814
Employee/Obligor's Social Security Number
8973101148
Employee/Obligor's Case Identifier
(See A.ddendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (last, First, MI)
EmployerNJithholder's Federal fIN Number
SUPERVALU EASTERN REGION
3900 INDUSTRIAL RD
HARRISBURG PA 17110-2945
See Addendum for dependent names and birth dates associal'ed with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania, By law. you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 64.. 00 per month in current support
$ 0.. 00 per month in past-due support Arrears 12 weeks or greater? 0 yes ~ no
$ 0.. 00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 64.00 per month to be forwarded to payee below..
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 14.. 77 per weekly pay period.
$ 29.. 54 per biweekly pay period (every two weeks).
$ 32.00 per semimonthly pay period (twice a month),
$ 64.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten ClO) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding, You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed .55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877.676-9580 for instructions.
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P.Q, Box 69112, Harrisbu'1i:, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AMD THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
::::~D::B:;;~. t!f~~#~fH'[2L
.J. t )/~<;'L(~Y' l~ '
, Ji.J/.
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-015
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a copy of this form to your emplo;'ee, If YaW employee works in a state that is
different from the state that issued this Order, a copy must be provided to your employee even if the box is not checked.
1. We appreciate the voiuntary compliance of Federally recognized Indian tribes, triballY-<lwned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below,
3, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor,
4, * :'~~~;~;:5~':~a.'d~~'Dale o[W;tl,I,oldi"g. \'00 ',,"st 'Cl'~:t tI~:~a;,~~t:;:~ :~~itl,I,?ld;"g ..1,(" ""d;"g t/'o I'a,,,,'O,,t. TI,.
pa,dabdale of ..,t/'I,vkh"g" tl,. dot... vl",I"c/, a",o"',1 ..0; rthl I , I I ".. ..agos, You must comply With the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
Withholding order and forward the support payments.
5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State Withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible, (See #10 below)
6, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working [or you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S ID: 9428100182
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
STUM. DONALD L. JR
8973101148 DATE OF SEI'ARATION:
7, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
9, Anti-discriminalion: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking diSciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10, * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U,S,c. ~1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11, Additional Info:
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N HANOVER ST
P.O, BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions.
contact WAGE ATTACHMENT UNIT
by telephone at {.2'17) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Service Type M
Page 2 of 2
Form EN-028
Worker ID $IATT
OMB No,; 0970-0154
ADDENDUM
Summary of Cases on Attachml!nt
Defendant/Obligor: STUM, DONALD L. JR
PACSES Case Number 145105458
Plaintiff Name
KIMBERLY D. STUM
Docket Attachment Amount
02:m8 CIVIL$ 64.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Nal~
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Cas" Number
Plaintiff Name
DOB
Dock"t Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you ar" required to enroll the child(ren)
in any health insurance coverage available
employe,,'s/Obligor's employment.
you ar" required to enroll th" child(ren)
in any health insurance coverage available
employee's/obligor's "mploym"nt.
PACSES Cas" Number
Plaintiff Name
Dock"t Attachm"nt Amount
$ 0.00
Child(r"n)'s Name(s):
PACSES Case ,,"umb,,r
Plaintiff Name
DOB
Dock"t Attachm"nt Amount
$ 0.00
Child(ren)'s Nam,,(s):
DOB
If
you are required to enroll the child(ren)
in any health insurance coverage available
"mployee's/obligor's "mploym"nt.
you are r"quired to enroll the child(ren)
in any health insurance coverage available
emIP10yee's/obligor's employment.
S"rvlce Type M
Addendum
Form E N-028
Worker ID $IATT
OMS No.: 0970-0154
ffj:.r.:
-" (
tf~~:
=<
,. ,'" '..."
()
F
I-:q{':~
",',
--." , I
'"
"'"
"=>
......
<-
;;.;
N
~
..".
~
S>
.::-
-
~
:r!:n
nlp.=.
-om
,~~
;r:::"
,'>_J
:,'>'(")
l3f'T1
=j;f
:is
-<
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT.UW
26 W. High Street
Carlisle, P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
PETITION TO COMPEL DISCOVERY
AND NOW COMES Plaintiff, Kimberly D, Stum, by and through her attomeys, Saidis,
Shuff, Flower & Lindsay, and states as follows:
1. PlaintiffiPetitioner is Kimberly D, Sturn, who currently resides at 381 Kersville
Road, Carlisle, Cumberland County, Pennsylvania.
2, DefendantlRespondent is Donald L. Stum, whose last known address is 795-C
Roxbury Road, Shippensburg, Cumberland County, Pennsylvania.
3. The parties were married on November 13, 1982 in Newville, Cumberland
County, Pennsylvania
4, On June 7, 2002, PlaintiIDPetitioner filed a Complaint in Divorce,
5, On or about June 14, 2001 DefendantlRespondent was served with a certified
copy of the Divorce Complaint via certified mail, return receipt requested,
restricted delivery.
6. On January 21, 2004, PlaintiffiPetitioner filed an Amended Complaint III
Divorce, adding counts for Equitable Distribution and Alimony.
7. On January 22, 2004, PlaintifflPetitioner served DefendantlRespondent, by and
through his attorney, with a certified copy of the Amended Divorce Complaint.
8.
On May 11, 2004, PlaintifflPetitioner" by and through her counsel, requested that
DefendantlRespondent provide certain information in an attempt to amicabl
complete discovery; however, that information was never forthcoming, A cop
of the May 11, 2004 letter from PlaintiffiPetitioner's counsel to
DefendantlRespondent's counsel is attached hereto and incorporated herein as
Exhibit "A",
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT.LAW
26 W. High Street
Carlisle. PA
II
9. On June 18, 2004, Plaintiffi'Petitioner served DefendantlRespondent, by and
through his attorney, with a Request for Production of Documents and with
Plaintiffs First Set of Interrogatories. A copy of the June 18, 2004 letter to
DefendantlRespondent's counsel and the Request for Production of Documents
and Plaintiff s First Set of Interrogatories Addressed to Defendant, Donald L.
Stum, is attached hereto and incorporated herein as Exhibit "B",
1 0, Despite assertions that counsel for Plaintiffi'Petitioner would receive the
documents, DefendantlRespondent has failed to answer PlaintifflPetitioner's
Request for Production of Documents or her First Set of Interrogatories. See the
August 18, 2004 letter from Plaintiffi'Petitioner's counsel to
DefendantlRespondent's counsel, which was sent via facsimile and via U.S. Mail,
and is attached hereto and incorporated herein as Exhibit "C",
11. More than thirty (30) days have passed and there has been no response to either
the Request for Production of Documents or to Plaintiffs First Set 0
Interrogatories Addressed to Defendant, Donald L. Stum.
WHEREFORE, Plaintiffi'Petitioner prays this Honorable Court to issue a Rule on the
DefendantlRespondent to Show Cause why the information and documentation requested should
not be provided.
SAIDIS. SHUFF, FLOWER & LINDSAY
~
By:
Attorneys for Plaintiffi'Petitioner
. .
Exhibit "j\"
LAwomCES
JOHN E, SLIKE
ROBERT C. SAIDrS
GEOFFREY S, SHUFF
JAMES D, FLOWER, jR.
CAROLj, LINDSAY
MATTHEW j. ESHELMAN t
KIRK S, SOHONAGE
THOMAS E. FLOWER
LlNDSA Y GINGRICH MACLAY
jACLYN M, SMITH
SAIDIS, SHUFF, FLOWER &: LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222. FACSIMILE: (717) 243.6486
EMAIL: IgingrichmacIay@ssfl.law,c:om
WEST SHORE OFFICE:
2109 MARKET STREET
c.-<.'VlP HILL, PA 17011
TELEPHONE: (717)737.3405
FACSIMILE: (717)737.3407
REPLY TO CARLISLE
May II, 2004
Carol A, Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
F\l.E COP"
Re: Stum v, Stum (In Divorce)
Docket No, 2002.2778 (Cumberland County)
Dear Carol:
[ am writing in an attempt to ascertain the status of moving this case forward. When we last spoke at the
Support Conference, you indicated to me that :VIr, Sturn would be providing you with the following requested
info rmati 0 n/ doc umentati 0 n:
I) Information on the transfer/sale of the Ford Bronco, including date transferred/sold and amount
for which it was transferred/sold; and
2) Information on the trade/sale of the Dodge Stratus, including title transfer information since this
asset was titled jointly. the loan amount for the Ford Explorer. in whose name is that loan, in
whose name is the Explorer titled, and whether the loan for the Ford Explorer was rolled into any
of the parties' existing joint loans (ie: the line of credit or home equity loan); and, one item not
previously addressed, , ,
3) In whose possession is the parties' John Deere lawn tractor') This is an item that Ms. Stum had
previously advised that she would like to have; however, Mr, Stum advised that he wanted this
item, Ms, Stum has been advised that Mr. Stum purportedly did not keep this item, but instead,
has given or sold this piece of marital property to Arita Ocker from Orrstown Banle Please
advise of the status of this item.
Upon receipt of the above-requested information/documentation from MI. Stum, please forward same to me so
that we can attempt to move this matter forward.
t Rnarri C-prHfipd hu thp An1pr;rnn Rnnrri nfrprtifirntirm in ('rpdifn-n;' Ri(1ht.<; Rnm'<:;pl1taHnn
Carol A. Redding, Esquire
May 11, 2004
1>age T\~o
I believe our attempts at keeping the exchange of information informal and amicable have been fairly
successful to this point; however, if we do not receive the requested information by the end of May, we will
have no choice but to proceed with Interrogatories and Requests for Production of Documents. This is certainly
not a route we would like to go' as I would like to attempt to keep our respective clients' costs down; however, I
believe both of our clients are anxious to resolve this matter and as such, this information is critical to
attempting to formulate a settlement.
Thank you in advance for your attention to this matter, Should you have any questions or should you
wish to discuss this matter further, please do not hesitate to contact m(~.
Very truly yours,
Saidis, Shuf, ower
LGYl
cc: Yls, Kimberly Sturn
t Rnard tPrhf7pd 1m fhp Ampnrlm Rnard nfn"rtifirf1nnn in rrpdifnn;' Riohf." Rnm'.r:;pntnnnn
. .
Exhibit "JB"
IOHN E. SLlKE
ROBERT C. SAID IS
GEOFFREY S. SHUFF
JA.\,IES 0, FLOWER, JR.
CAROL I, LlNDSA Y
MATTHEW I, ESHELMAN t
KIRK S, SOHONAGE
THOMAS E. FLOWER
LlNDSA Y GINGRICH MACLAY
IACLYN M. SMITII
LAW OffiCE5
SAlDIS, SHUFF, FLOWER ~~ LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 170113
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: 19m9riehmaclay@ssfl-Iaw,eom
FilE COpy
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
June 18, 2004
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
Re: Stum v, Stum (In Divorce)
Docket No, 2002-2778 (Cumberland County)
Dear Caroi:
UnfeJrtunarely, this case seems to be at an impasse in that I have not received the information requested,
most recently in my letter of May 11, 2004, As such, enclosed pleas,: find Plaintiffs Request for Production of
Documents and Plaintiffs First Set of Interrogatories.
Thank you in advance for your attention to this matter. Please do not hesitate to contact me should you
have any questions or should you wish to discuss this matter further,
Very truly yours,
Saidis, Si}uf~y
" '
LGM
/9f~;,~~
Lindiay Gingrich Maclay
'-""' .
Enclosures
ee: ?vis, Kimberly D, Sturn (w/ene!.)
+ Rnnrd lntinpri h1l ,.hi>> Amp,.;rnn Rnnrrf nfr"rtifirnt1r'm in rrpdjtn~; Ri"nf.<: Rnm~,t;p"fatinn
SAID IS
SHUFF, FLOWER
& LINDSAY
ATl'ORNEYS-ATeUW
26 W, High Sire..
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL V Al"IA
KIMBERL Y D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
DONALD L. STUM,
Defendant
Docket No, 2002-2778
(In Divorce)
TO: DONALD L. STU:.YI
c/o Carol A, Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
F\LE COpy
REQUEST FOR PRODUCTION OF DOCUMENTS
rl PLEASE TAKE :\TOTICE THAT pursuant to Pa,R,C.P, 4003.3 and 4009, you are
'I,ll required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic
copy or like reproduction of the materials concerning thIS aClion or its subject matter which are in
your posseSSion. custody or control and which are not protected by the attorney/client privilege;
or. in the alternative. produce the said matter at said time to permit inspection and copying
thereof:
1. A copy of your 2002 and 2003 Federal Income Tax Returns as
tiled together with all 1099 and W.2 forms;
2. A copy of your most recent paystub from your employment with
Supervalu and/or any other employer;
,
~,
A copy of any and all information/documentation on the
transfer/sale of the Ford Bronco, including date sold, to whom,
and for what amount;
4,
A copy of the check received as a result of the sale of the Ford
Bronco;
5, A copy of any and all information/documentation on the
trade/transfer/sale of the Dodge Stratus;
6. A copy of any and all informationldowmentation pertaining to
the loan on the Dodge Stratus;
7, A copy of any and all informationldoeumentation pertaining to
the refinancing of the loan on the Dodge Stratus, rolling the
Stratus loan into any other loan, or of any loan payoff for the
Stratus;
8. A copy of the title for the Dodge Stratus;
9, A copy of any and all information pertaiining to any consideration
received by Mr. Sturn for the sale/trade/transter of the Dodge
Stratus, including any trade-in value;
10. A copy of any and all information/documentation pertaining to
the acquisition of the loan on the Ford Explorer currently in Mr,
Stum's possession, including in whose aame(s) the loan happens
to be, the loan number, amount financed, and lending institution;
and
11. A copy of the title for the Ford Explorer currently in Mr. Stum's
posseSSIOn.
SAID IS. SHFFF, FLO\\iER & LlNDSA Y
By:
~'
I I
I ' . . II /'.
___....~. , , ' -. .. ,I /'
.', -"_. ',-_' - o'. A '-('~_.J.. ./"
Lindsay Gingrich Maclay, Esquirv
Attorney LD,No, 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
SAID IS
SHUFF. FLOWER
& LINDSAY
A1TORNEYS.AT-lJ\W
26 W. High Street
Carlisle. PA
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& UNDSAY
A1TORNEYS-AT-u.W
26 W. Hip Slreet
C.ullsJe. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL V Al'lIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No. 2002-2778
(J[n Divorce)
CERTIFICATE OF SERVICE
A1"ID now, this 18th day of June, 2004, I, Lindsay Gingrich Maclay, Esquire, of the law
firm of SAIDIS. SHCFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the
attached Request for Production of Documents this day by depositing same in the United States
Mail. First Class. Postage Prepaid, in Carlisle. Pennsyl\ania, addressed to:
Carol r\, Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 1720 I
SAlOIS. SHUFF, FLOWER & UNj)S. \ Y
-------
By:
i
, ~i - "'1"
;.'.:,- :,J_I~ / ...;--'
Lindsay Ginch Maclay, Esquir~,'
Anorney LD, No. 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
I
I
,
/
,
-,
Attorneys for Plaintiff
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.,\T.u.W
26 W, High Sir..,
Carlisle. P A
FILE COpy
IN THE COURT OF COMMON PLEAS
OF CUMBERLAJ."D COUNTY, PENNSYL V At'fIA
KIMBERL Y D. STUiVI,
Plaintiff
CIVIL ACTION - LAW
v.
DONALD L. STUM,
Defendant
Docket No. 2002-2778
(In Divorce)
I
I
I
i
il
i
,
PLAINTIFF'S FIRST SET OF INTERROGATORIES
ADDRESSED TO DEFENDAtYL DONALD L. STUM
TO: DONALD L. STUM
c/o Carol.'\, Redding, EsquIre
REDDING LAW OFFICES
19 Nonh Main Street
Memorial Square
Chambersbllrg, Pennsylvania 1720 I
,
II
I
I
"
'I
"
,I
YOU ARE HEREBY NOTIFIED that you are required, pursuant to Pennsylvania
Rule of Civil Procedure No, 4005, to serve upon the undersigned, within thirty (30) days.
after service of this Notice. your Answers in writing under oath to the following
Interrogatories, These Interrogatories shall be deemed to be continuing and it~ between the
time of your Answers and the time of trial in this case, you, or any acting on your behalf,
learn of any funher infonnation not contained in these Answers, you shall promptly furnish
that infonnation to the undersigned by Supplemental Answers.
Date:
SAID IS. SHUFF, FLOWER & UNDSA Y
~,
~/::~/!"-r~)-, /
Lindsay Gingrich Maclay, Esquire"
,Attorney !.D. No, 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
By:
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-t\T-UW
26 W, High Sir...
Carlisle. PA
IN THE COURT OF CmlllVION PLEAS
OF CUMBERLA1'ID COUNTI', PENNSYL VANIA
KIMBERL Y D, STUM,
Plaintiff
CIVIL ACTION - LAW
v,
DONALD L. STUM,
Defendant
Docket No. 2002-2778
(In Divorce)
PLAINTIFF'S FIRST SET OF INTERROGATORIES
ADDRESSED TO DEFENDANT. DONALD L. STUM
Plamtiff. Kimberly D. Sturn. propounds the following Interrogatories to Defendant, Donald
L. Sturn. which must be answered within thirty (30) days of service hereof.
I.
If you are living separate and apart from your spouse. please state what you consider to be
the date of separation,
II
:1
'I
:I
il
,
I
II
.1
d
!
.-\..c'iSWER:
SAID IS
SHUFF. FLOWER
& UNDSAY
A1TORNEYS-AT.f.J\W
26 W. High Street
C-JrllsJe. P^
2. State the name and relationship of each person residing with you.
ANSWER:
a. Is that individual(s) employed? If so. by whom, and state that amount of
hisiher annual income.
b, Does that individual have any other source of income" If so. how much on
an annual basis, and from what source.
c, Does that individual( s) contribute to the :10usehold expenses?
Al"\,fSWER:
I
:1
d
il
ii
;1
:1
'I
'I
'I
'1
'i
"
il
II
II
il
!
SAIDIS
SHUFF, flOWER
& UNDSAY
ATrORNEYSeAT-u.w
26 W. High Stree!
Cartble. PA
3, Are you presently employed? (Full and part-time employment included)
A.l'lSWER:
A. If your Answer is in the affIrmative, state fully for each employment:
1, The full name, address and telephone number of your place
of employment;
2. The date you commenced your employment;
3, Your job title or position,
4,
Average number of hours worked per week. rate of pay for
regular and overtIme pay. and frequency of pay.
Al'lSWER:
1.
2.
3,
4,
B,
Do you have any wntten or oral employment contracts wllh your present
employer?
A,NSWER:
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-AT.U,W
26 W. High Slreet
Carlisle. P ^
4, Have you received or are you entitled to receive any bonuses during the past three (3)'years?
If so, state the amount of bonus received or amount you are entitled to receive, and detail
when each was received or when you expect to receive the bonus. Summarize the tenns of
the bonus arrangement, including how the bonus was calculated.
ANSWER:
i
'I
Ii
II
SAIDIS
SHUFF, FLOWER
& UNDSAY
ATIURNEl'S-AT.U.W
26 W, High Sir...
Carlisle. PA
5, Does the business or individual or other entity owe you any money, whether resulting from
loan, undistributed profit, dividend or other fonn of credit, to which you are now entitled or
will be entitled in the future?
A.l'lSWER:
.,
'I
il
il
'I
II
!
I
;
SAIDIS II
SHUFF. FLOWER
& UNDSAY !
ATrORNEYS.AT.LAW
26 w. High Street
Carlisle. P A
6. Are you the owner, individually or with others. or any interest in any securities, orin any
mutual fund, including but not limited to, stock funds, money market funds, bonds,
municipal bond funds, gold funds, etc,? If so, please list the names of said securities or
funds.
ANSWER:
II
II
II
:i
11
'I
1
,
,I
'I
oj
'I
:!
SAIDIS
SHUFF. FLOWER
& LINDSAY
AlTORNEYS-^T'lAW
,6 W, High Street
Carlisle. PA
7. Do you own, individually or jointly with another, any certificates of deposit, treasury notes,
or other depository receipt of any kind?
At'lSWER:
SAID IS
SHUFF, FLOWER
& UNDSAY
AlTORNEYS.AT-LAW
26 W, High SIr.et
Carlbl.. PA
8. Do you now or have you at any time since the date of marriage, maintained or had access to a
safe deposit box? If so, please detail the contents at the time opened, and the date of
separation?
ANSWER:
il
'I
:1
;1
!
SAlDIS
SHUFF, FLOWER
& LINDSAY
Al1'ORNEYS-AT-t,AW
26 W, High Sir..'
CarlisJe. PA
9, Since the date of marriage, have there been accounts at a savings or commercial b'anking
institution, brokerage firm, or any other type of ;financial institution, on which your name did
not appear but in which you deposited any funds? If so, please designate by account number
and name of financial instItution, and indicate th: name(s) under which the account is listed.
ANSWER:
I
!I
:1
SAID IS
SHUFF, FLOWER
& LINDSAY
ATI"ORNEYS-AT.uw
Z6 W, High Slrnt
c..rllsl.. PA
10, State whether you have during the past three years made any gift to any person other than
your spouse, in cash or in kind, having a value of$300.00 or greater,
ANSWER:
SAlOIS
SHUFF. FLOWER
& LINDSAY
An'ORNE\'S-AT*t.AW
26 W, High Sir..,
CulisJe.PA
11.
A.
If you have any interest in any qualified or unqualified deferred compensation
arrangement or retirement program, including, but not limited to, IRA, Keogh Plan.
401(K) Plan, Savings Plan, annuity benefits, retirement plan, pension plan, profit-
sharing plan, stock bonus plan, stock option plan, or thrift plan (e'CcLuding social
security benefits) with your present employer, or any previous employer, please
designate and indicate the name and typ,e of the retirement plan:
B. Have you elected to receive or have: you received proceeds from any
retirement benefit planes) as set forth in 11 (A) above in the period of six
months prior to the date of separation. to the present?
ANSWER:
SAID IS
SHUFF, FLOWER
& UNDSAY
A.TrORNEYS-AT.UW
26 W. High Street
Carlisle. PA
12. Have you filed a financial statement or loan application with any lending or credit insntution
during the past five years? If so, please name the lending or credit institution. and attach all
such financial statements or loan applications to your Answers to these Interrogatories, and
state the amount, term(s), holder(s) and purpose(s) of such loan(s).
ANSWER:
I
11
!i
,I
:1
:1
"
;1
:1
I
I
SAIDIS
SHUFF, FLOWER
& UNDSAY
AlTORNEYS.ATo(AW
26 W, High S"eel
Carlisle. PA
13. List all outstanding debts which you are obligated to pay, having a balance in excess of
5300,00 for each debt.
ANSWER:
SAIDIS
SHUFF. FLOWER
& LINDSAY
A11'ORNEYS.AT.LAW
26 W. High Street
Carlisle. PA
14, Please estimate the current market value of your household contents including, but not
limited to, furnishings, personal effects or other personal property (exc/udingjewelry),
ANSWER:
:1
,I
:1
,[
,
"
:'
SAIDIS
SHUFF, FLOWER
& UNDSAY
,-\TI'ORNEYS.ATef.i\W
26 w. High Street
CarlisJe. PA
15, Do you have an ownership in any furs, gold, diamonds or other precious gems or metals or
jewelry, having a value of $300.00 or more for each item? If so, please describe each item
and state its current market value.
ANSWER:
SAID IS
SHUFF, FLOWER
& UNDSAY
.-\lTORNEYS-ATetA.W
26 W, HIsJ> S"",
Carliale. PA
16, Do you receive, or have you received, during the past three (3) years. any gifts, contributions.
gratuities, benetits, services, fringe benetits or perquisites from any source, business or
otherwise, including family members, for any of the following expenses? Detail the source,
the dates and amounts of payments or goods or services and the purpose of the payment or
goods or services:
I
I
I
I
I
:1
II
,
I
A.
B.
e.
D,
E.
F,
G,
H.
1.
1.
K.
L.
M,
N,
Living accommodations, including utilities and related expenses;
Food, household products and sundries;
Clothing;,
Recreation and entertainment (e,g,. club memberships, dues, etc,);
Vacation or travel;
Education;
Automobile or other vehicle;
Expense account or reimbursement;
Company credit cards;
Use of company faCIlities (boat, cottage, condominium, etc,):
Company loans and salary or advance account;
Company product discounts;
Life. health. disability or automobile insurance: or
Other (specify),
A.J.'-ISWER:
SAID IS
SHUFF, FLOWER
& UNDSAY
AITOItNEYS-AToUW
2.6 W. Hjgh Street
Carlisle. P A
17, Do you own or have any interest in any property (real or personal), contract right. 'patent,
chose in action, or expectancy of any kind, including an interest or right titled or held in the
name of another, not previously identified in YOllr Answers to the preceding Interrogatories'
If so, describe in detail the property, contract right, patent, chose in action, or expectancy,
and state:
A. The identity of the person you share such interest with;
B, The date you acquired your interest;
C. The value, at acquisition;
0, Present value and how detennined.
ANSWER:
;1
;1
I
II
i
SAIDIS
SHUFF, FLOWER
& LINDSAY
r\TmRNEYSeAT-LAW
26 W. High Street
CarUsle. P i\
18. Are you presently, or have you been during the past two years, the beneficiary of any trust?
ANSWER:
~ I
,/
,I
I
SAID IS
SHUFF, FLOWER
& UNDSAY
ATT'ORNEYS-AToU.W
26 W, High Stree,
Carlisle. PA
19,
Date:
Please refer to Schedule A (attached hereto) Do you now. or did you at any time within
three years before your separation, have any int(:rest in any of the items listed on Schedule
A? If so, please so designate by placing an "x" in the ;parentheses provided next to the items
and or each designated item on Schedule A; please provide the information requested on
Schedule A immediately below the designated items. Please answer on attached Schedule A.
SAlOIS, SHl.'FF, FLOWER & LIl'<'DSA Y
/-,
/
--,---'-"~',
By:
, l..,,{ ":-'/ /".
;",: ", /- ',,----.J..,-;/
Lindsay Gingrich Maclay, Esquire
Attorney 1.0, No. 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& UNDSAY
,\TI'ORNEYS-AT.L\W
26 w. High Street
Carlisle. PA
SCHEDULE A
EXPLAJ.'1A nON OF TERlVIS:
Date of Acquisition: The date the item was acquired. Please be as specific as possible.
Value of Acquisition: The purchase price or value of the item which it was acquired.
Separation Value: The value of the limes as of the date you can determine to be the date of
separation.
Current Value: The current andlor present value of the time as of the date of answering these
Interrogatories.
() A,
1.
:1
'i
;I
:1
11
il 2.
REAL PROPERTY
Please provide the address andlor a brief description of each pIece of
real estate,
a)
b)
c)
d)
e)
Date of acqUisition,
a)
b)
c)
d)
e)
3,
Cost of acqUisition,
a)
b)
c)
d)
e)
SAlOIS
SHUFF. FLOWER
& UNDSAY
ATTORNEYS-AT-LAW
26 W. High Street
CarlisJe. P A
,
"
'I
,I
il
:1
I
'I
I
::
~
I,
8,
4, Tax basis of real estate,
a)
b)
c)
d)
e)
5, Current value,
a)
b)
c)
d)
e)
6,
The ownership and identity of each person having an ownership in the
real estate.
a)
b)
c)
d)
e)
Value of the real estate at date of separation,
a)
b)
c)
d)
e)
Has any real property referred to in this Interrogatory been sold or
otherwise transferred during the past three years?
a)
b)
c)
d)
e)
SAID IS
SHUFF, FLOWER
& UNDSAY
,\lTORNEYS-AT"lAW
26 W, Hip SIT...
Carlisle. P A
,I
I
()
B,
MOTOR VEHICLES. BOATS, AIRPLAi'fES, LAWN TRACTORS, ETe.
If any of the motor vehicles listed in this Section B have been appraised, please provide
copies of such appraisal(s),
1. Please state the make, model, and year of each vehicle, boat, motor
bike. airplane, lawn tractors. etc. owned by you and how titled?
a)
b)
c)
d)
e)
2, Date and acquisition, cost of acquisition and from whom purchased.
a)
b)
c)
d)
e)
3,
Value of the vehicle at separation. its current value, and basis for such
valuation,
a)
b)
c)
d)
e)
4, :Vlileage at date of separation,
a)
b)
c)
d)
e)
5,
In whose possession is this item?
a)
b)
c)
d)
e)
SAIDIS
SHUFF, FLOWER
& LINDSAY
AT1'ORNEYSeAT-LAW
26 W, High Sine!
Carlisle. PA
!I
I
,I
6, Have any of the items referred to in this Interrogatory been sold or
otherwise transferred during the past three years? If so, to whom was
the item sold, when was the item sold, and for how much was the item
sold~
a)
b)
c)
d)
e)
()
c.
STOCK OPTIONS
I, Please state the name of the grantor and a description of the option,
including the date of acquisition and option price.
a)
b)
c)
d)
e)
2,
Current value of stock,
a)
b)
c)
d)
e)
SAID IS
SHUFF, FLOWER
& LINDSAY
A.'ITORNEYS-AT.tAW
26 W. High Street
CarlisJe. P A
II
I
il
:1
I
:1
il
:1
()
0,
FINAl"lCIAL INSTITUTIONS,
SAVINGS ACCOUNTS, ETC.
CHECKlNG ACCOUNTS,
I. Please slate the name of the financial institutions, and addresses
thereof, as well as your account number, and the current balance.
a)
b)
c)
d)
e)
2. Balance of account at the date of separation.
a)
b)
c)
d)
e)
SAIDIS
SHUFF, FLOWER
& UNDSAY
t\D'ORNEYs-oATelAW
26 W, High Street
Carlisle. PA
il
()
E.
PATENTS, COPYRIGHTS, INVENTIONS, ROYALTIES
Are you the owner of, or have you applied for any patents, copyrights, inventions, or
royalties? If so, please provide a complete description, including the date granted.
ANSWER:
()
F,
LIFE INSURA,NCE POLICIES
1.
Name and address of insurance company and. type of policy (ordinary
life, lenn, annulry, elc,) and idennfYmg number,
a)
b)
c)
d)
e)
2,
Face value. and current cash surrender value:
a)
b)
c)
d)
e)
3,
Indicate loans against each policy, mcluding date. amount. and purpose
afloan,
a)
b)
c)
d)
e)
SAID IS
SHUFF, FLOWER
& LINDSAY
AJTOINEYs-AT.L\W
26 W, High Sir..,
Carlisle. PA
,/
:1
,!
4. Name of owner and name of insured.
a)
b)
c)
d)
e)
5, Name, address and relationship, if any, of beneficiary,
a)
b)
c)
d)
e)
6, Annual premium,
a)
b)
c)
d)
e)
7,
Has your interest in any insurance policy b<een canceled. allowed to
lapse, liquidated or otherwise been terminated in the last five years')
At"iS\\lER:
8. Designate any change or transfer of beneficiary deSIgnation as to any policy listed in (F)
above, over the past five years,
ANSWER;
SAlDIS
SHUFF, FLOWER
& LINDSAY
A'TfORNEYS.AT.f.AW
26 W. High Street
Carlisle. P A
()
G,
INHERITANCES AND E.,'<PECT ANCIES (TRUSTS, ESTATES. ETC)
Please state from whom you have received or exp,:ct to receive an inheritance and/or
expectancy, and in what form (cash, property, etc.) and when you expect to receive
same, If part of an Estate or trust, please designate name, address, and telephone
number of the Executor, Administrator, or Trustee. Provide a copy of the Will or Trust
instrument in which you are names as beneficiary,
()
H,
MISCELLA.c"IEOlJS INVESTMEN'TS (REAL ESTATE, idINERAL.
OIL. GAS, COAL OR OTHER SUCH INVES'JJvIENTS)
1, Please name and/or descnbe each. and the date of acquisition, and in whose
name the assets are listed.
a)
b)
c)
d)
e)
2,
Please state the amount of your total inves1menL in each of the above,
and amount of any future obligations, and payment dates thereof.
a)
b)
c)
d)
eJ
3,
Attach a copy of the prospectus for each such investment.
4. Have any of the investments been challenged by the Internal Revenue
Service? If so, which investments, and for which tax years? Attach
copies of any notices or correspondence r'~ceived form the Intemal
Revenue Service.
ANSWER:
SAIDIS
SHUFF, FLOWER
& UNDSAY
:\TrORNEYS-AT.VoW
26 W, Higb Stree.
Carlisle. PA
SAIDIS
SHUFF, FLOWER
& UNDSAY
ATI'ORNEYS-.4.T-lAW
26 W, Hlgb Sir..,
Carlisle, P A
VERIFICA TIOj'.[
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, 9
4904, relating to unsworn falsification to authorities,
Date:
Donald L Stum
'I
SAlOIS
SHUFF. FLOWER
& UNDSAY
,\TTORNEYS-^TelAW
26 W. High Street
Carlisle. P ^
IN THE COURT OF COlVIMON PLEAS
OF CUMBERLAND COUNTY, ]'ENNSYL VANIA
KIMBERL Y D. STUM,
Plaintiff
v.
DONALD 1. STUM,
Defendant
CIVIL ACTION - LAW
Do,:ket No. 2002-2778
(In Divorce)
CERTIFICA TE OF SERVICE
A..l'ID now, this 18th day of June, 2004, I, Lindsay Gingrich Maclay, Esquire. of the law
linn of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the
attached Interrogatories this day by depositing same in the United States Mail. First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
'I
[I
Carol A, Redding. Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambers burg, Pennsylvania 17201
SAlDIS. SHUFF, FLOWER & LINDSA Y
/-
By:
,.---. ,
I \ _'I /
.~. . 'I /'
,:'~...L\ :"I..i(\ LJL'-/
Lmdsay Gin~hiMaclay, Esquire
Attorney 1.D, No. 87954 -
26 vVest High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorneys for Plaintiff
Exhibit "~C"
JOHN E. SUKE
ROBERT C. SAlOIS
GEOFFREY S, SHUFF
JAMES 0, FLOWER. JR
CAROL J, UNOSA Y
MATrHEW), E5HELVlANt
THOMAS E. FLOWER
UNOSA Y GINGRICH MACLAY
JACLYN SMITH
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORA110N
26 WEST HIGH STREET
CARliSLE, PENNSYL V ANlA 1'7013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAlL: htinlUichmacIay@ssfl-law.com
CAMP !fiLL OFFICE:
2109 MARKET STREET
C","lP HILI. PA 17011
TELEPHONE: (717)737-3403
FACSIMIle: (717)737-3407
tBoara CltRified CtedltOr5
Rignts Relnsentation
REPLYTOCARUSLE
August 18,2004
\olA FACSIMILE (717/267-3298)
& U.S. MAIL
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambers burg, Pennsylvania 1720 I
Re: Scum v, Stum (In Divorce)
Docket No, 2002-2778 (Cumberland County)
Dear Carol:
I am writing to confirm my earlier telephone conversation with Bree. your secretary, at which time she
indicated that you had advised that your answers to my InterrogatOlies and the requested documents would be
placed in the mail no later than the end of this week, Friday, August 20, 2004, As such, I would hope to be in
receipt of those documents no later than Tuesday, August 24. 2004,
If. for some reason, you are unable to mail the requested documents by Friday, August 20, 2004, please
so advise. I believe that I have been more than courteous in extending the thirty-day deadline within which to
provide the documents and Answers; however, if I do not receive the requested Answers and documents by
August 24. 2004. I will have no choice but to file a Motion to Compel Discovery,
Thank you in advance for your prompt attention to this matter, I look forward to the receipt of the
requested discovery documents,
Very truly yours,
LGM
cc: Ms, Kimberly Sturn
S~~idiS' S~ff, ~;;~ & ~indSay
/ 'rf~
Lr:.i ay Gingrich Maclay,
TRANSMISSION VERIFICATION REPO~~
TIME 08/18/2004 10:22
NAME SAlOIS SHlFF FLOWER
FAX 7172436510
TEL 7172436222
DATE, TIflE
FAX i'O./NAME
Ill.RA TIa-l
PAGE (S)
RESl.JL T
MODE
08/18 10:21
2673298
00:00:45
02
OK
STANDARD
ECM
JOHN n. SUlCE
ROBl!RT C SAIDIS
GEOFFREY S, S1{UFF
JAMES 0, FI..OWER. jR
CAROL), LINDSAY
MATl'HEW), ESHElMANt
1'HOMAS E, FLOWER
I ,INDSAY GINGRICH MACl.,A Y
IAClYN SMITH
T"AW OFfiCES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL COlU'ORAll0N
26 WEST HIGH STREET
CARliSLE, PENNS'~LVANIA 17013
TELEPHONE: (717) ~ - I'ACSIMILE: (717) 243-6486
EMAIL: IJtinllrichmadaV@s6fl-law.com
CAMP lULL OFl'ICE:
2109 MARKET SfREiIT
CAMP I'lILL, P A J 701 1
TELEPHONE: (717)73;<341l5
FACSIMILE: (717)737-34(17
tsQwl CM1ifiClcl Crf(li!Ol'I'
Rigrtlj "'eoreMnt;;lllnn
REfl,Y TO CARLl5T..F.
FACSllM:I]I',lI~ TRANSMITTAL Mf"E11<l[1[)1llANUUM
Scnl by: Lindsav Gingrich Maclav,1;sauirc
Timc senI: 10: 15 am
PRIVILBGl!D AND CONFIDl!IF.\':tAL information intendec.i only for the use of. the addressee (s)
named below, If the reader of this message is not the intendec.i recipient (s) or the
employee or agent responsible for delivering the message to the incended rscipient (s) .
please note that any dissemination, distrib\ltion or copying of this communication is
st.rictly prohibited. Anyone who receives thL communication ;,n error should notify us
immec.iiately by telephone and return the ol."igillal messag'~ to us at the address above via
the U. S. Mail.
TO:
Carol A. Redding, Esquire (717/267..3298)
FROM:
Lindsay Gingrich Maclay, EsqUiret~
DATE:
August 18,2004
SUBJECT:
Sturn - Interrogatoties & Request for Production of Documents
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No, 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 24th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the
law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the within
Petition to Compel Discovery this day by depositing same in the United States Mail, First
Class, Postage Prepaid, in Carlisle, Pennsylvania, addre:ssed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAIDIS, SHUFF, FL
By:
Attorneys for Plaintiff /Petitioner
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEVS.AT-LAW
26 W. High Street
Carlisle. P A
.
II
AUG 2 5 2004 ~
o
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
DONALD L. STUM,
Defendant
Docket No. 2002-2778
(In Divorce)
ORDER OF CQillIT
NOW, this 71{1,day of ~ ' 2004, upon consideration of the within
Petition, a Rule is issued upon the DefendantlRespondent, Donald L. Stum, to Show Cause why
he should not provide the requested information with ,my supporting documentation thereof
RULE returnable
?.-a
days from the date of service hereof.
By the Court,
>-
~ C)
~..: ~..
'(59 :::::
lf~ ~
~i ~
u-~ ~
~ &
~
ri'M
~~1l-
t}.~
\0 \ ~
.
~
3~
o~
C) ::J
l{&5
_.32;
tS:.~~
u}uJ
o.JQ..
:;;
;:)
U
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEVS-ATeLAW
26 W. High Street
Carlisle, P A
II
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No. 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 30th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the
law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served Judge Oler's
August 26, 2004 Order this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAIDIS, SHUFF, FLow"D p, T ThJ~
. C -,
By:
Attorneys for Plaintiff /Petitioner
(') ~ ~
c: ~
<!'
-0\';::' q ~:J:!
rrl~-r
:-?-~Y' :<f\~
Z'- ,
~;.:':.:;' - b
t;:C) ~-rl
~C! "'0 ~~
"$
.;:L) ,.)iTl
PC '-? ~
~ ".
'-" ~
- -
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 w. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner/Plaintiff, Kimberly D, Stum, and files the following
Petition to Make Rule Absolute, and in support thereof avers the following:
I) On August 24, 2004, Petitioner/Plaintiff served Respondent/Defendant,
through counsel, with a Petition to Compel Discovery,
2) On August 26, 2004, the Honorable J, Wesley Oler, Jr., issued a Rule to
Show Cause why Petitioner/Plaintiff should not be provided with the requested information
with any supporting documentation thereof. Said Rule was returnable twenty (20) days
from the date of opposing counsel's receipt of the Order.
3) On August 24, 2004, Petitioner/Plaintiff, through her counsel, served
RespondentlDefendant, through his counsel, with a copy of the Petition to Compel
Discovery. A copy of the Certificate of Service is attached hereto as Exhibit "A" and is
incorporated herein by reference.
4)
On August 30, 2004, PetitionerlPlaintiff, through her counsel, served
Respondent/Defendant, through his counsel, with a copy of Judge Oler's August 26, 2004
Order/Rule to Show Cause. A copy of the Certificate of Service is attached hereto as
Exhibit "B" and is incorporated herein by reference,
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT.l.AW
26 W. High Street
Carlisle, P A
5) Respondent/Defendant has failed to provide the requested Discovery and has
failed to file a response to Petitioner/Plaintiffs Motion to Compel Discovery.
WHEREFORE, Petitioner/Plaintiff requests this Honorable Court make the Rule
Absolute due to RespondentlDefendant's failure to respond to same,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: Jqi, 2. 1-, 200~
Attorneys for PetitionerlPlaintiff
Exhibit "A"
~
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS'AT'UW
26 W, High SITeet
Carlisle. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAl'lD COUNTY, PENNSYL VANIA
KIJ\iIBERL Y D. STUM.
Plaintiff
v.
DONALD 1. STUM.
Defendant
CIVIL ACTION - LAW
Docket No, 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
Al\ID now, this 24th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the
law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the within
Petition to Compel Discovery this day by depositing same in the United States Mail, First
Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAlDIS. SHUFF. FL '- '
By:
Attorneys for Plaintiff7Petitioner
Exhibit "B"
SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS-AT.LAW
26 W. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No. 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 30th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the
law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served Judge Oler's
I
II
I
I
August 26, 2004 Order this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, PelUlsylvania 17201
SAlDIS, SHUFF,~,
( .
By:
w
~
:i!
rn:!l
~hi
:-.6
:::c:li
r")-
""0
;:O:)I'-n
:::...
3Q
-<
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERL Y D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No; 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 27th day of September, 2004, I, Lindsay Gingrich Maclay, Esquire, of
the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the
attached Petition to Make Rule Absolute this day by depositing same in the United States
Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LA W OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
Attorneys for DefendantlPetitioner
Q
c..
z'
"''0\:7\
n"rTt
~)S:~:.
f::~
:.e::
).""("-"
'2:. ('''-')
""-
rC
~
-<
r->
=
=
,;:-
(/)
r'"
-0
N
-'
"'"
::l!:
'2
s:-
o
'n
:?--n
rnr::
....,m
-,,\:;'
(.~h
-"'-1'
:r.-T'
0-'"
-70
.,:;,."rn
S
-,::e
<0
:<
-
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS.AT-L\W
26 W. High Street
Carlisle. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner/Plaintiff, Kimberly D, Stum, and files the following
Petition to Make Rule Absolute, and in support thereof avers the following:
1) On August 24, 2004, Petitioner/Plaintiff served RespondentlDefendant,
through counsel, with a Petition to Compel Discov'~ry,
2) On August 26, 2004, the Honorable J, Wesley Oler, Jr., issued a Rule to
Show Cause why PetitionerlPlaintiff should not be provided with the requested information
with any supporting documentation thereof. Said Rule was returnable twenty (20) days
from the date of opposing counsel's receipt of the Order.
3) On August 24, 2004, Petitioner!Plaintiff, through her counsel, served
Respondent/Defendant, through his counsel, with a copy of the Petition to Compel
Discovery, A copy of the Certificate of Service is attached hereto as Exhibit "A" and is
incorporated herein by reference,
4)
On August 30, 2004, PetitionerfPlaintiff, through her counsel, served
Respondent/Defendant, through his counsel, with a copy of Judge Oler's August 26, 2004
Order/Rule to Show Cause. A copy of the Certificate of Service is attached hereto as
Exhibit "B" and is incorporated herein by reference,
SAlOIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS-AT'LAW
26 W. High Street
Carlisle. PA
5) Respondent/Defendant has failed to provide the requested Discovery and has
failed to file a response to Petitioner/Plaintiffs Motion to Compel Discovery.
WHEREFORE, Petitioner/Plaintiff requests this Honorable Court make the Rule
Absolute due to RespondentlDefendant's failure to respond to same,
Date: Jqi. 2. f, 200~
BYL
SAlDIS, SHUFF, FLOWER & LINDSAY
I
'h a lay,
Attorney 1. ,No, 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorneys for PetitionerlPlaintiff
Exhibit ".A"
....
SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS-AT.U.W
26 W, High SIT...
Carlisi.. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLA.l~D COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
v,
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No, 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
Al'ID now. this 24th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the'
law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the within
Petition to Compel Discovery this day by deposi1:ing same in the United States Mail, First
Class, Postage Prepaid, in Carlisle, Pennsylvania. addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAlDIS, SHUFF, FL u
By:
Attorneys for Plainti.IDPetitioner
Exhibit ":8"
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT.l.AW
26 W. High Street
Carlisle. PA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No, 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 30th day of August, 2004, I, Lindsay Gingrich Maclay, Esquire, of the
law firm of SAID IS, SHUFF, FLOWER & LINDSAY, hereby certify that I served Judge Oler's
August 26, 2004 Order this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAIDIS, SHUFF, e:oun:n .Q, T ThrnSA Y
------
I .
By:
w
o
-n
:r
rn:!l
:a$
~Q,..
or I
c5:D
--",(')
;;~rn
:0..,
?P
'-<
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-AT.LAW
26 W. High Street
Carlisle. PA
IN THE COURT OF CO\fMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERL Y D. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No. 2002-2778
(In Divorce)
CERTIFICATE OF SERVICE
AND now, this 27'h day of September, 2004, I, Lindsay Gingrich Maclay, Esquire, of
the law firm of SAIDIS, SHUFF, FLOWER & LI'IDSA Y, hereby certify that I served the
attached Petition to Make Rule Absolute this day by depositing same in the United States
Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A, Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAIDIS, SffiJFF, FLOWER & LINDSAY
By:
Attorneys for Defendant/Petitioner
Q
'::.;;:
"',...
-t)i)~'
~q:
?l~.;
'<
'1::>-"..,-.,
<'-~ '''' )
<;0
J'oC
~
~
~
g
.s:-
c.n
I""l
-0
N
.....
~'~
;:
s>
.r::-
Q,
~-n
rn~-
hi
-0'1,
--:1)
C~(
'i.:t\
Q,,,:>
Z,n
o
~~
:.<
-
SAIDlS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle. PA
SEP 2 9 2004 \J'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, l'ENNSYLV ANIA
KlMBERL YD. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
ORDER
AND NOW, this ~ day of ~ I~' 2004, this Court hereby
makes the Rule to Show Cause ABSOLUTE, GRANTS Petitioner/Plaintiffs August 24,
2004 Petition to Compel Discovery, and ORDERS Respondent/Defendant to provide the
requested Discovery information and any sllpporting documentation thereof to
Petitioner/Plaintiff within .2d2- days of this Order being served on counsel for
Respondent/Defendant.
BY THE COURT:
~~~
l?' - ,l>
.0\
\0
>-
~;
~-:::
~.U~'i:
r2g
C..!~j:'~
r-C:
6r'"
wit
C;.du.J
-;:E
Lo_
o
r-
E~
~r.-:_
}~
:0-
~-:.:!
:c'c,)
:~j~
u
...-
""-
"'"
I
I-
U
C>
..:r
=
(.~)
C'-./
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYs-AT.LAW
26 w. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KlMBERL YD. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
CERTIFICATE OF SERVICE
AND noW, this 4th day of October, 2004, I, Lindsay Gingrich Maclay, Esquire, ofthe law
firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served Judge Oler's
September 30, 2004 Order this day by depositing same in the United States Mail, First Class,
postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Carol A. Redding, Esquire
REDDING LAW OFFICES
19 North Main Street
Memorial Square
Chambersburg, Pennsylvania 17201
SAlDlS, SHUFF. FLOWER &
...--. -.
iJ . / -
By:
Attorneys for Plaintiff/Petitioner
"'"
=
=
...-
a
~,
-1
,
Ul
o
.,
.-1
d'l:21
r"
-ellll
~)~;9
:2('")
:T'--r.
rj:.-t]
,,0
S~,~ rn
~~
~D
-~<
!~~
-'~,
Ci
N
CJ
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSoAToUW
26 W. High Street
Carlisle. P A
IN THE COURT OF COM[MON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERL YD. STUM,
Plaintiff
v.
DONALD L. STUM,
Defendant
CIVIL ACTION - LAW
Docket No. 2002-2778
(In Divorce)
AFFIDAVIT OF CONSENT
COMMONWEAL TH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
SS.
)
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 7, 2002,
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 after service of the Notice of
Intention to Request Entry of a Divorce Decn:e.
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., Section 4904 relating to unsworn falsification to
authorities.
Date: II/;5 /0 L/
I I
Sworn to and subscribed before me this
~ day of 4uYEPI~87C-, 2004.
-/~~~
, Notary PublIc
. NOTARIAL SEAL
I KA'!DI L. LENKER. NOTARY PUBLIC
I CARLISLE BORO, CUMBERLAND COUNTY
,~Mr\1ISSI0N EXPIRES FEBRUARY 20.2005
C r-' ,,>
c'.::'" , -, ,
(', ) , .
::~...-
; ~_.\
"
.. , \-';1 i
001\.:'.:':'
-n ' ,
1 ~, )
_.._~ 1 ,I
'-
--'C"~!
; " "
..
(..)
~J .-
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSoAToLAW
26 W. High Street
Carlisle, P A
"
IN THE COURT OF COJVIMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERL YD. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a Divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and I further understand 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 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. 94904, relating to unsworn falsification to authorities.
Date:
/ / - /~- -0-:1
~'1
/-
KIM RLYD. ST
C"
l"'--,'
c"';..)
C,.:)
"-l"~.:-
~-,'~: 1'. I
.:,.;t "I
-'~:l
I "
:1'11
c..J
\.1:"
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
PENNSYLVANIA - FRANKLIN COUN'l'Y BRANCH
KIMBERLY D. STUM,
Plaintiff
Civil Action - Law
vs.
No. 200:2-2778
DONALD L. STUM,
Defendant
In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or
3301 (d) of the Divorce code was filed on June 7, 2002.
:2 , The marriage
irretrievably broken and ninety
date of filing the Complaint.
of Plaintiff and Defendant is
(90) days have elapsed from the
3.
after service
decree.
I consent to the entry of a final decree of divorce
of notice of intention to request entry of the
I verify that the statements made
true and correct. I understand that false
made subject to the penalties of 18 Pa. C.S.
to unsworn falsification to authorities.
&~~
in this Affidavit are
statements herein are
Section 4904 relating
Date:
11- q- 04
r-'.,J
C'7l
';::'::.1
--
-.-
r;-
..:::::
_.J
--,
.."... '.
)-.'" , ,
i
,
. l':"'~
t:-~
,""
IN THE COURT OF COMMON PLEAS OF THE 39'I~H JUDICIAL DISTRICT
PENNSYLVANIA - FRANKLIN COUN~rY BRANCH
KIMBERLY D. STUM,
Plaintiff
Civil Action - Law
vs.
No. 2002-2778
DONALD L. STUM,
Defendant
In Divorce a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(C) OF THE DIVORCE QQQ!
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, lawyerfs 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. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn
falsification to authorities.
(\ O'he&! c4;;;J
~. Sturn
Date: /{- 9..-at.f
I,':'" ,
(--
, J
r'"
(-
c:::.
.~. . .~
r i
........
-:,"'1
PROPERTY AND
SEPARATION AGREEMEN'T
BETWEEN
KIMBERLY D. STUM
AND
DONALD L. STUM
0.:1- ;J. "II? -
AGREEMENT made this JlJ~ day of ~jO"~~'K , 2004, by and
between Kimberly D. Sturn, of 381 Kersvil1: Road, Carlisle,
Cumberland County, Pennsylvania, hereinaft,er referred to as
"Wife", and Donald L. Sturn, of 795C Roxbury Road, Shippensburg,
Franklin County Pennsylvania, hereinafter referred to as
"Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having
been married on November 13, 1982, in Newville, Cumberland County,
Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the
parties hereto are desirous of settling their respective financial
rights and obligations as between them relating to the past,
present and future support and/or maintenance of wife by husband.
WHEREAS, the parties hereto wish finally and for all time to
settle and determine their respective property and other rights
growing out of their marital relation; wish to live separate and
apart; and wish to enter into this property and separation
Agreement;
WHEREAS, Wife acknowledges that she is thoroughly conversant
with and accurately knows the size, degree, and extent of the
estate and income of Husband, and Husband acknowledges that he is
thoroughly conversant with and knows accurately the size, degree
and extent of the estate and income of Wife;
WHEREAS, each party has had an opportunity to verify the
financial disclosure of the other. Discovery, if any, has been
conducted to the satisfaction of each party. Each party has had
the opportunity to investigate further the financial disclosure of
the other, and has had access to any desired books and/or records
to investigate further. Each party had an opportunity to conduct
an independent appraisal/valuation of assets, liabilities and
income of the other party. To the extent that either party
decided not to pursue further discovery and investigation, he or
she did so voluntarily and specifically waives the right to
challenge this Agreement based on the absence of full and fir
disclosure.
NOW, THEREFORE, with the aforegoing recitals being
hereinafter incorporated by reference and deemed an essential
party hereof and in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
which are hereby acknowledged by each of the parties hereto, Wife
and Husband, each intending to be legally bound hereby, covenant
and agree as follows:
1. ADVICE OF COUNSEL: The provisions of this Agreement and
their legal effect have been fully expla.ined to the parties by
their respective counsel, Carol A. Redding, Esquire for Husband
and Lindsay Gingrich Maclay, Esquire, for Wife. The parties
acknowledge that they have received independent legal advice from
counsel of their selection and they fully ~nderstand the facts and
have been fully informed as to their legal rights and obligations
and they acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered
into freely and voluntarily after having received such advice and
with such knowledge and that execution of this Agreement is not
the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements and the parties hereto state that he or she, in the
procurement and execution of this Agreement, has not been
subj ected any fraud, concealment, overreaching, imposition,
coercion, or other unfair dealing on the party of the other, or on
the part of the other's counsel.
2. WARRANTY OF DISCLOSURE: The parties warrant and
represent that they have made a full disclosure of all assets and
their valuation prior to the execution of this Agreement. This
disclosure was in the form of an informal exchange of information
by the parties' attorneys and this Agreement between the parties
is based upon this disclosure. Each par:y has made a full and
complete disclosure to the other of his and her entire assets,
liabili ties, income and expenses and any further enumeration or
statement thereof in this Agreement is specifically waived.
3, PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and
shall, at all times hereafter, live sepa.rate and apart. They
shall be free from any control, restraint, interference or
authority, direct or indirect, by the other in all respects as if
they were unmarried. They may reside at such place or places as
they may select. Each may, for his or her separate use or
benefit, conduct, carryon and engage in any business, occupation,
profession or employment which to him or her may seem advisable.
Wife and Husband shall not molest, harass, disturb or malign each
other or the respective families of each other nor compel or
attempt to compel the other to cohabit or dwell by any means or in
any manner whatsoever with him or her. Neither party shall
disparage or discredit the other in any way, nor in any way injure
his or her reputation; nor shall either of them act or permit
anyone else to act in a way which might tend to create any
disaffection or disloyalty or disrespect between the members of
the family of either party.
4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
Wife or Husband to a limited or absolute divorce on lawful grounds
if such grounds now exist or shall hereafter exist or to such
defense as may be available to either party which have occasioned
the disputes or unhappy differences which have occurred prior to
or which may occur subsequent to the date hereof. Simul taneous
with the execution of this Agreement, The parties agree to execute
the necessary Affidavits and Waivers to secure a mutual consent,
no-fault divorce pursuant to the terms of Section 3301 (C) of (D)
of the Divorce Code of 1990 (as amended).
If either party fails or refuses to execute and file the
foregoing documents, said failure or refusal shall be considered a
material breach of this Agreement and shall entitle the other
party, at his or her option, to terminate this Agreement.
5. AGREEMENT TO BE INCORPORATED Il:i DIVORCE DECREE: The
parties agree that the terms of this Agreement may be incorporated
into any divorce decree which may be entered with respect to them.
Notwithstanding such incorporation, this Agreement shall not be
merged in the decree, but shall survive the same and shall be
binding and conclusive on the parties for all times.
6. DATE OF EXECUTION: The "date of E:xecution" or "execution
date" of this Agreement shall be defined as the date upon which it
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.
7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge
that they have previously divided their tangible personal property
including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances,
pictures, books, works of art and other personal property and
hereafter Wife agrees that all of the property in the possession
of Husband shall be the sole and separate property of Husband; and
Husband Agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do
hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the
above items which shall become the sole and separate property of
the other, with full power to him or her to dispose of the same as
fully and effectually as though he or she were unmarried.
8, BANK ACCOUNTS: For the mutual promises and covenants
contained in this Agreement, Husband and Wife hereby waive all
right, title, claim or interest they may have by equitable
distribution in their respective bank accounts, checking of
savings, if any, and each party waives against the other any duty
of accounting for disposition of any jointly held funds.
9. MOTOR VEHICLES: With respect to the motor vehicles owned
by one or both of the parties, and in consideration of the mutual
promises and covenants contained in this .A.greement, Husband and
Wife hereby waive all right, title, claim or interest they may
have by equitable distribution in their r'espective vehicles, if
any, and each party waives against the other any duty of
accounting for disposition of any vehicle in their possession.
Furthermore, Husband and Wife, each unto the other, agree to
indemnify or hold the other harmless from and against any and all
such debts, liabilities or obligations resulting from ownership of
said vehicle(s) now or in the future.
a. The parties acknowledge that Husband is the owner
of a 1995 Ford Explorer. Wife does hereby transfer and assign to
Husband any and all right, title, and interest she may have in the
1995 Ford Explorer in Husband's possession. Husband, for his part,
further agrees to indemnify or hold Wife harmless from and against
the lien, solely in Husbands name, secured by said vehicle with
Orrstown Bank and any and all other debts, liabilities or
obligations related to said vehicle now or in the future.
Further, Husband shall acquire and maintain separate insurance on
the Explorer currently in his possession.
b. The parties acknowledge that Husband was the owner
of a 1995 Dodge Stratus which was sold by Husband for the sum of
$200.00. The parties further agree that the lien against said
vehicle with Orrstown Bank was incorporated into a new loan with
Orrstown Bank secured by the aforementioned 1995 Ford Explorer.
Wife does hereby transfer and assign to Husband any and all right,
title, and interest she may have in the 1995 Dodge Stratus.
Furthermore, Husband agrees to indemnify or hold Wife harmless
from and against any and all debts, liabilities or obligations
resulting from ownership of said vehicle now or in the future.
c. The parties acknowledge that Husband is the owner
of a 1997 Honda Civic. Wife does hereby transfer and assign to
Husband any and all right, title, and interest she may have in the
1997 Honda Civic in Husband's possession, Husband, for his part,
further agrees to indemnify or hold Wife harmless from and against
any and all debts, liabilities or obligations related to said
vehicle now or in the future. Husband shall maintain insurance on
and assume full responsibility for any encumbrance on the 1997
Ci vic and shall hold harmless and indemnify Wife from any loss
thereon.
d. The parties acknowledge that wife, individually, is
the owner of a 1995 Jeep Cherokee. Husband does hereby transfer
and assign to Husband any and all right, title, and interest she
may have in the 1995 Jeep Cherokee in Wife's possession. Wife, for
his part, further agrees to indemnify or hold Husband harmless
from and against the lien, solely in Wifes name, secured by said
vehicle with Orrstown Bank and any and all other debts,
liabilities or obligations related to said vehicle now or in the
future, Further, Wife shall acquire and maintain separate
insurance on the Cherokee currently in his possession.
10. REAL PROPERTY: The parties were owners as tenants by
the entireties of real estate with improvements located at 109
South Water Street, Newville, Cumberland County, Pennsylvania.
The parties agree that said real estate has been sold and theie
are no liens pending related to said real estate. The parties
further agree that a Seven Thousand and 00/100 ($7,000.00) Dollar
charitable deduction is available for either party to utilize in
the preparation of their annual tax return as a result of the
parties participation in the PIC program related to the sale of
the aforementioned real property. For and in consideration of the
mutual covenants and agreements of this Property Agreement,
Husband agrees that Wife shall have the benefit of said charitable
deduction for tax purposes and Husband fur~her waives his right to
any benefit inured as a result of said deduction.
11, AFTER-ACQUIRED PERSONAL PROPERT~r: Each of the parties
shall hereafter own and enjoy, independently of any claim or right
of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power, in
him or her, to dispose of the same as fully and effectively, in
all respects and for all purposes, as though he or she were
unmarried.
12. DEBTS: Except as otherwise herein expressly provided,
the parties shall and do hereby mutually remise, release and
forever discharge each other from any and all actions, suits,
debts, claims, demands and obligations whatsoever, both in law and
in equity, which either of them ever had, now has, or may
hereafter have against the other upon or by reason of any matter,
cause or thing up to the date of the execution of this Agreement.
Each of the parties hereto covenants and agrees that he or
she has not in the past and will not at any time in the future
incur or contract any debt, charge or liability for which the
other of them, their legal representatives, or their property or
estate may become liable; and each of them further covenants at
all times to keep the other free, harmless and indemnified from
all debts, charges and liabilities hereafter or heretofore
contracted by them.
In the event that either party becomes a debtor in bankruptcy
or financial reorganization proceedings of any kind while any
obligations remain to be performed by that party for the benefit
of the other party pursuant to the provisions of this Agreement,
the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under state or
federal law) to any property remaining in the debtor as a defense
to any claim made pursuant hereto by the c=editor spouse, and the
debtor spouse hereby assigns, transfers, and conveys to the
creditor spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor spouse as set
forth herein, including all attorney's fees and costs incurred in
the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be
discharged or dischargable, regardless of federal or state law to
the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargable, The
failure of any party to meet his or her obligations under anyone
or more of the paragraphs herein, with the exception of the
satisfaction of conditions precedent, shall not in any way avoid
or alter the remaining obligations of either of the parties.
13. PENSION, RETIREMENT, PROFIT-SE[ARING: Each party
hereto hereby relinquishes any right, title or interest he or she
may have in and to any intangible personal property currently
ti tIed in the name of or in the possession of the other party,
including, but not limited to, stocks, bonds, insurance, bank
accounts, individual retirement accounts, employment benefits,
including retirement accounts, savings plans, pension plans, stock
plans, 401K plans, and the like.
Wife hereby waives, releases, relinquishes and forever
abandons any and all claims for any and all other l.R.A. IS,
Pension Retirement, or Profit-Sharing plans or any other plans
that Husband may be entitled to either at present time or in the
future. Husband hereby waives, releases, relinquishes and forever
abandons any and all claims for any and all other l.R.A.'s,
Pension Retirement, or Profit-Sharing plans or any other plans
that Wife may be entitled to either at the present time or in the
future.
14, WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt of liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify or
hold the other party harmless from and against any and all such
debts , liabilities or obligations of every kind which may have
heretofore been incurred by them, including those for necessities,
except for the obligations arising out of this Agreement.
15. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband
each covenant, warrant, represent and agree that each will now and
at all times hereafter save harmless and keep the other
indemnified from all debts, charges and liabilities incurred by
the other after the execution date of this agreement, except as
may be otherwise specifically provided for by the terms of this
Agreement and that neither of them shall hereafter incur any
liability for which the estate of the other may be liable.
16. ALIMONY, ALIMONY PENDENTE LITE AND SUPPORT: Wife waives
against Husband all claims and demands against Husband for
alimony, alimony pendente lite and support for herself. Husband
hereby waives against Wife all claims and demands against Wife for
alimony, alimony pendente 1i te and support for himself. The
parties agree that the Alimony Pendente Lite Order dated March 23,
2004 shall be terminated effective December 1, 2004.
17. MUTUAL RELEASES: Husband and Wife each do here.qy
mutually remise, release, quitclaim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title and
interest, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or against
the estate of 'such other, or whatever nature and wheresoever
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 of by way of dower, curtesy, or claims
in the nature of dower or curtesy of widow's or widower's rights,
family exemption or similar allowance, or under the intestate
laws, or the rights to take against the spouse's will; or the
right to treat a lifetime conveyance by the other as testamentary,
or all other rights. of a surviving spouse to participate in a
deceased spouse's estate, whether arisin9 under the laws of a)
Pennsylvania, (b) any State, Commonwealth or territory of the
United States, of (c) any other country, or any rights which
either party may have or at any time hereafter have for past,
present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, equitable distribution, costs or
expenses, whether arising as a result of the marital relation or
otherwise except and only except, all riqhts 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 of any kind or nature, real,
personal or mixed which the other now owns or may hereafter
acquire, except and only except all rig~ts and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof,
18. BANKRUPTCY: The respective duties, covenants and
obligations of each party under this Agreement shall not be
dischargeable by bankruptcy, but if any bankruptcy court should
discharge a party of accrued obligations to the other, this
Agreement shall continue in full force and effect thereafter as to
any duties, covenants and obligations accruing or to be performed
thereafter.
19. DIVORCE: Wife has
pursuant to Section 3301 (c) or
Code (irretrievable breakdown) .
commenced an action for divorce
(d) of the Pennsylvania Divorce
a. Each of the parties agree that this Agreement
represents a complete and final agreement as to their
respective property rights which arose from the marital
relation and therefore mutually waive any and all rights they
may have under section 401 (Equitable Distribution) of the
Pennsylvania code, Act No. 1990-206.
ffered in evidence in t~e
b. Thi~ Agreement may b~e i~cc:rporated by reference in
action for d~ vorce and may h' Notwi thstanding such
t be granted t ereln.
the decre~ 0 . A reement shall not be merged in the
incorporatlon'h ltlh~Survlve the same and shall be binding and
decree, but s as.
conclusive on the parties for all tlme.
The parties agree to cooperate. in ,signing the
Affid~~its of Consent and Waiv:ers of Notlce .In order to
effectuate finalization of the d.lvorce contemporaneously with
the signing of this Agreement.
20. LEGAL FEES: In the review and pre1Paration of this
Agreement each party shall bear his/her own llga fees.
21. REMEDY FOR BREACH: If either party breaches any
provision of this Agreement, the other part' shall have the right
at his or her election, either to sue for 6mages for such breach'
in which event the breaching party sh~l be responsible fO~
payment for legal fees and costs inc~red by the other in
enforcing their rights hereunder, or to ;eek such other remedies
or relief as may be available to him or ~r.
22. EQUITABLE DISTRIBUTION: It.s specifically understood
and agreed that this Agreement CDnsti tutes an equitable
distribution of property, both real and personal, which was
legally and beneficially acquired by Hu~and and Wife or either of
them during the marriage as contemplated by the Act of April 2,
1980 (P.L. No. 63, No. 26) known as "The Divorce code, " 23 P.S,
101 et seq. of the Commonwealth of Pennsylvania, and as recodified
as Chapter 31, et seq. of Title 23."
23. SUMMARY OF EFFECT OF AGREEMENT: It is specifically
understood and agreed by and between the parties hereto, and each
party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said parties' rights
against the other for any 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 each party, including all
claims raised by them in the divorce action pending between the
parties.
24. INCOME TAX: The
separate income tax returns
including 2004 and 2005.
parties hereto agree to file
for all ongoing years, specifically
25. TAX CONSEQUENCES: By this Agreement, the parties hav
intended to effectuate and by this Agreement have equally divid
their marital property. The parties have determined that s
equal division conforms to a right and just standard with r~
to the rights of each party. The division of existing mC'
, o~' except as may be otherwise expressly provided
property. 1.S ;.1 by the parties to institute in any way a :ale or
herein, l.n~e ~3ets and the division is being effected withot th
exchange ~ Jf outside funds of other property not constitUi e
introduct1.0Iarital estate. ng a
part of thr
..roTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: '
26:.1, at any time and from time to time hereafter, ,a?h
party ~days of a request by the other party to do so, ta~~n
five (steps and execute, acknowledge and deliver to the (ny
and .ny and all further instruments and/or documents that~r
par~arty may reasonably require for the purpose of giving ~
othand effect to the provisions of this Agreement. .
fo
27. RECONCILIATION: The partiE~s shall only effect a 1,
Jnciliation which supersedes this agreement by their si;
eement containing a specific statement that they 1
~onciled and that this agreement shall be null and v(
~herwise, this agreement shall remain in full force and effE
urther, the parties may attempt a reconciliation, which act:
if not consummated by the aforesaid agreement, shall not affect
any way the legal affect of this agreement or cause any
marital rights or obligations to accrue.
28. SEVERABILITY: If any term, condition, clause
provision of this Agreement shall be determined or declared tc
void or invalid in law or otherwise, then only that tE
condition, clause or provision in the Agreement shall be void
the Agreement will continue in full force, effect and operati
Likewise, the failure of any party to meet her or his obligat~
under anyone or more of the paragraphs herein, with the except
of the satisfaction of the conditions precedent, shall in no
void or alter the remaining obligation to the parties.
29. NO WAIVER OF DEFAULT: This Agreement shall remair
full force and effect unless and until terminated under
pursuant to the terms of performance of any of the provision~
this Agreement shall in no way affect the right of such p
hereafter to enforce the same, nor shall the waiver of any br
of any provision hereof be construed as a waiver of any subseq
default of the same or similar nature, nor shall it be const
as a waiver of strict performance of any other obligations her
30. INTEGRATION: This Agreement constitutes the en
understanding of the parties and supersedes any and all p
agreements and negotiations between them. There are
representations or warranties other than those expressly set f
herein. This Agreement shall survive integration by any c
into any judgment for divorce and shall continue to
independent legal significance as a written contract separate
such judgment for divorce and may be enforced as an indeper
contract.
31. EFFECT OF DIVORCE DECREE: The parties
otherwise specifically provided herein, this
continue in full force and effect after such
decree in divorce may be entered with respect to
agree that unless
Agreement shall
time as a final
the parties,
32. NOTICES: Any and all notices given hereunder shall be
in writing and shall be sent registered mail, return receipt
requested:
a. To the Husband at 795C Roxbury Road, Shippensburg,
Pennsylvania 17257.
b. To the Wife at 381 Kersville Road, Carlisle,
Pennsylvania 17013.
33. WAIVER OR MODIFICATION TO BE IN WRITING: No
modification or waiv~r of any of the terms hereof shall be valid
unless in writing and signed by both parties and no waiver of any
breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
34. CAPTIONS: The captions of this Agreement are inserted
only as a matter of convenience and for reference and in no way
define, limit or describe the scope and intent of this Agreement,
nor in any way effect this Agreement.
35. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
36, LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be
constructed in accordance with the laws of the Commonwealth of
Pennsylvania.
37, WAIVER OF APPRAISALS: The parties acknowledge that they
are aware of their respective rights pursuant to the Pennsylvania
Divorce code to obtain formal valuations or appraisals of the
real estate, the personal property, the vehicles, retirement
accounts and the businesses, some or all of which may have been
acquired during the course of the marriage and would therefore
constitute marital property, However, the parties have determined
that they will not undertake the expenses to have these items
appraised and/or valuated, and that the division of property as
set forth in this Agreement, represents a fair and equitable
distribution.
38. 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.
~
IN WITNESS WHEREOF, the parties have set their hands and
seals to tWQ counterparts of this Agreement, each of which shall
constitute an original, the day and year first above written. .
Witness:
J
DUM fl ~ddA7cr
,- ~ mk/I#- j) JtU7?J
~y D. ST '
~qQhPj;;;)
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FMNIa.IN(!uh7l)~
On this, the ,0- day of me, a
notary public, the undersigne officer, Kimberly D. Stum,
personally appeared 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.
SS.
In Witness Whereof, I hereunto
set my hand and notarial seal.
,,/ //
~~
N"Ot ary p c
""V
~!OT,'\PIr',L S"AL
KANDI L. L~NK::R, NOTARY PUBLIC
CARLISLE BORe, CUMS::RLAND COUNlY
MY COMMISSIQt'-1 EXPIRES FEi3RUARY 20.2005
COMMONWEALTH OF PENNSYLVANIA
ACKNOWLEDGEMENT
SS,
COUNTY OF FRANKLIN
On this, the 9 day of IVOW/rYlb.'!Jt..., 2004, before me, a
notary public, the undersigned officer, Donald L. Stum, personally
appeared known to me (or satisfactorily proven) to be the person
whose name is subscribed to
acknowledged that he executed the
contained.
the
same
wi.thin instrument, and
for the purposes there~n
In Witness Whereof, I hereunto set my hand and notarial seal.
Notarial Seal
Carol A, Redding, Notary Public
Chambersburg Bora. Franklin County
My Commission Expires Sept 3.' 2005
Member, Pennsylvania Association otNotaries
~ a J!Md~
Notary Public
{,r,
(,'-'
, "
l
-<<
c.
, ,
r,,)
~;::)
c_ ~
....-
C)
'-q
:-;.-1
-.+-:
........J
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce on behalf of my client, Donald L. Stum,
and I further certity that I am authorized to do so. I hereby waive any and all defects in
service of the aforementioned document or any amendrnent thereto.
Dated: .b1 ('J liVf1. hC!(
d 00 if
,;}3
/
By:
(\
('~Ol A. Redding, Esquire
REDDING LAW OFFICES
19 North Memorial Street
Memorial Square
Chambersburg, Pennsylvania 17201
Attorneys fur Derendant
')
oil
(}-i
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT.LAW
26 W. High Street
Carlisle. P A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
KlMBERL Y D. STUM,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 2002-2778
DONALD L. STUM,
Defendant
(In Divorce)
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the Record, together with the following information, to the Court for
entry of a Decree in Divorce:
1, Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code,
2, Date and manner of service of the Complaint: Defendant was served via Certified
Mail, Return Receipt Requested on June 14, 2002. Additionally, Attorney Carol
Redding, counsel for Defendant, executed an Acceptance of Service, which was
filed at the above-referenced docket number.
3, As required by Section 3301(c) of the Divorce Code, Plaintiff executed her
Affidavit of Consent on November 15, 2004 and Defendant executed his Affidavit
on November 9,2004, The parties' respective Affidavits were filed with this Court
on November 17, 2004,
4, Related claims pending: None, A Property Separation and Settlement Agreement
was executed on November 16, 2004 and filed on November 17, 2004.
5,
As required by Section 3301 (c) of the Divorce Code, Plaintiff executed her Waiver
of Notice of Intention to Request Entry of Divorce Decree on November 15, 2004
and Defendant executed his Waiver on November 9,2004. The parties' respective
Waivers were filed with this Court on November 17, 2004,
Date:
'//3/05-
,
By:
SAID~,SH~FF. FLOWE
~/
I
/
~....)
C:.,
c.:'l
:~,-
'.1
{.',
0;
of"';+: ;+:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
+:+ 'f. Of
.
.
<+:<+::I: <f.;j.i<+: :+;Ii +.
. ..
:+.:+.;to; :+.:+.
<+: +.;Ii:+.
.. .
:+.+.;to;:+. :+. ;Ii
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
KIMBERLY D, STUM,
Plaintiff
No.
2002-2778 (Civil Term)
VERSUS
DONALD L. STUM,
Defendant
DECREE IN
DIVORCE
AND NOW,
T'::>\7\J>'l
21
l60C;, IT IS ORDERED AND
DECREED THAT
KIMBERLY D, STUM
, PLAINTIFF,
AND
, DEFENDANT,
ffiNAT.n T. ~rpT1M
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 parties Property Settlement Agreement dated November 16, 2004, is herein
incorporated, but not merged.
...
...
_. ~ <"""'.
od/.
,.-
f ...~. .'
,
,
, ...
,
-',
....
'.~
".\.'
'-,
- ~-
,
...
.
ATT
~
.
,
"'-.0 '-.. _~,
'." J. .... ..-",-" '
, " /.?.;f::t:.....~~
~O'~O'~Q~~ 0. ~Oo.OOOO~ 0.
ROTHONOTARY
~:t: :+. Of
:+. +. 'I':+.;to; 'i':+' 'f. Of
. . .
.. .
.
:+':Ii:li +:+.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J,
.
,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
,
.
.
,
.
.
.
,
.
.
,
.
,
.
.
.
,
.
.
,
,
:+':Ii;to ++
_ "",,.-"'" my(/, Wit I
~ '?,Lr' ~ 1"(/_
"'y/v,~, /./~./Y/7 50' If'./
~ p?f'l/ _ .,,,,,,' r .,.
, , '
" . ~ 9 ... ..
-
--
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
~}fY)lx(j~ /).5 -tuM
Plaintiff
: FILE NO,
oJ.,-']' '77C;
20
VS. IN DIVORCE
D D V'lcJ d S-tu. f'Y)
Defendant
NOTICE TO RESUME PRIOR SURNAME
DATE:
Notice is hereby given that the Plaintiffi'Defendant in the above matter, having
been granted a Final Decree in Divorce on the ~/;), J ) D.c)~ day of JD n UCL'I~
hereby elects to resume the prior surname of /) II f.. TfiCi n
and gives this written notice pursuant to the provisions of 54 ~,S, 704.
4Y2fuJi!t AD, tlYiML
Si ature /
--t! ,}-"'fi j) ~4,u
~lme bei resumed
;;,/ r; /05
I I
COMMONWEALTH OF PENNSYLVANIA
: SS,
COUNTY OF CUMBERLAND /l :
On the c0h- day of f..<;.~__, 20 f)'J , before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained,
In Witness Whereof, I have hereunto set my hand and official seal.
fV() ", Q, ;&~6a/
~ Notary Public
, NOTARIAL SEAL J
CLAUDIA A BREWBAKER. NOT ARY PUBLIC
Carlisle Boro. Cumberland County
\ My Comnclssion Expires April 4. 2005
,--_~__"._.... .,_~_""""C"~___'"'~_
-'1
"'" j:"'f
GJ-
\Ie, 0:-." I
A.. ~ CD
~ "t,
"- ",--, (.r}
":'- (.)
~ ../;"-
~ ~~,
~
'" ~', ~
~. ~
'~
't
r"~
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KIMBERLY D. STUM ) Docket Number 02-2778 CIVIL
Plaintiff )
VS, ) PACSES Case Number 145105458
DONALD L. STUM JR )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this
7TH DAY OF FEBRUARY, 2005
IT IS HEREBY
ORDERED that the support order in this case be 0 Vacated or o Suspended or
W Terminated without prejudice or 0 Terminated and Vacated,
effective DECEMBER 1, 2004 , due to:
A STIPULATION AND AGREEMENT TO TERMINATE THE APL, EFFECTIVE DECEMBER 1, 2004.
THE CASE IS CLOSED WITH A CREDIT OF $199.04 AND PLA,INTIFF IS TO REFUND THE
DEFENDANT IN FULL WITHIN 30 DAYS FROM THIS DATE.
DRO: RJ Shad day
xc: plaintiff
defendant
BY THE COURT:
~~,
JUDGE
Service Type M
Form OE-S04
Worker ID 21005
'>";:
~
(
" .,
Cl
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvania
Co./City/Disl. of CUMBERLAND
Date of Order/Notice 02/07/05
Case Number (See Addendum for case summary)
OOriginaJ Order/Notice
o Amended Order/Notice
@ Terminate Order/Notice
Rf: STUM, DONAL,D L.
JR
Employee/Obligor's Name (last, First, MO
187-48-4814
Employee/Obligor's Social Security Number
8973101148
Employee/Obligor's Case Identifier
(See A.ddendum for plaintiff names
associated with cases on affammenV
Custodial Parent's Name (Last, First, Ml)
EmployerM'ithholder's Federal EIN Number
SUPERVALU EASTERN REGION
C/O RICH FOODS
PO BOX 26967
RICHMOND VA 23261-6967
'JJ,t/ ol(){);) -J-77'/ C 1/
jJl/e...~'i.S, /15'ID5''fb'J
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes @ no
$ 0.00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ o. 00 per month to be forwarded to payee below,
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0 . 00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month),
$ 0.00 per monthly pay period,
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice, Send payment within seven (7) working days of the paydate/date of withholding, You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed S5% of the employee's! obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions,
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P,O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as fhe Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
"'"'cou.~ ~~;L?7
~tEV~~ 0V[)(P~
Form EN-028
OMBNo.:097Q-015 Worker ID $IATT
Date of Order: FEB - S 209S
(" j -'\ \":' ',::,~
-----------
(',
.-;\
c~'
_.~~)
c.)
c.'
(.:e)
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a copy of this form to your employee, If your employee works in a state that is
different from the state that issued this order, a copy must be provided to your employee even lithe box is not checked.
1, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency iisted below,
2, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor,
3. * RcPOll;"g tIle f'ayJate..'Ddle vf'v\,itll1,old;1l5' ~,'uu 'I/us.t lepollll,t:' }JdyJalddalc of yv;tl,llold;lI~ wile.. ~ehJ;llg tile paYlllclIl. TI,,;::
tJClydcite/ddte of vv;tl,llvIJ;1I5;$ tilt:' da"l'e 011 vvll;d. ClIlIOUllt vVc15 vvitl.l.eld flail I tile t::'1I1tJlvyee's VV.1gt::l. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments,
4,' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/~Iotice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible, (See #9 below)
5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you,
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2315439990
EMPLOYEE'S/OBLlGOR'S NAME: STUM, DONALD L. JR
EMPLOYEE'S CASE IDENTIFIER: 8973101148 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the empioyee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he orshe is employed govems,
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refUSing to employ, or taking disciplinal)' action against any employee/obligor because of a support withholding, Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
9,' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s,c. ~1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federallim;t applies to the aggregate disposable weekly eamings (ADWE), ADWE i; the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes, For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhoid more
than the amounts allowed under the law of the state that issued the order,
10, Additional Info:
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11. Submitted By:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P,O, BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7l 240-6225 or
by FAX at (l1.l1 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form E N-028
Worker ID $IATT
Service Type M
OMBNO.:Q970-0154
,-,
1
--
["I
C~")
-
(~)
.....::)
_'1 roo;,,:;,":..:;
---------------