HomeMy WebLinkAbout00-00776
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
MICHAEL fl. OYLER,
PLAINTIFF
VERSUS
DIANE K. OYLER,
DEFENDANT
AND NOW,
DECREED THAT
AND
PENNA.
No.
2000-776 CIVIL ~1
DECREE IN
DIVORCE
1'~
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2000 , IT IS ORDERED AND
MICHAEL H. OYLER
, PLAINTIFF,
DIANE K. OYLER
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NC"';~
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~~~ROTHONOTART
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW (')
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NO. 2000-776 CIVIL ~
IN DIVORCE ViS;
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PRAECIPE TO TRANSMIT RECORD ~8
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DIANE K. OYLER,
Defendant
o THE PROTHONOTARY:
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Transmit the record, together with the following information, to the Court for entry of a divorce decree:
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1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Acceptance of Service filed on March 1,
2000 indicating service on or about 17 February 2000.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section
3301 (c) of the Divorce Code:
By Plaintiff:
By Defendant:
21 June 2000
21 June 2000
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of
the Divorce Code: (2) Date of filing and service of the Plaintiff's
Affidavit upon the Respondent:
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe
to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was
filed with the Prothonotary: Dated 21 June 2000, filed contemporaneously
herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was
filed with the Prothonotary: dated 21 June 2000, filed contemporaneously
herewith.
Date: tJ \ ~ Qooo
,,~
uel L. Andes
Attorney at Law
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIANE K. OYLER,
,
NO.~- 7/;;' ~
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
foregoing pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree in divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
DIANE K. OYLER,
Defendant
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
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If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
, ~
MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
DIANE K. OYLER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, MICHAEL H. OYLER, by his attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is MICHAEL H. OYLER, an adult individual who currently resides at
879 Hawthorn Avenue in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is DIANE K. OYLER, an adult individual who currently resides at
879 Hawthorn Avenue in Mechanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on 12 April 1975 in Shiremanstown,
Cumberland County, Pennsylvania.
6. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
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.
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
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I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
DATE:~II ,~o
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MIC AEL H. OYL
&\iPM
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Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW ~ ~
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NO. 2000-776 CIVIL~@M~
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DIANE K. OYLER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under Section 3301 (cl of the Divorce Code was filed on
10 February 2000 and was served upon the Defendant on or about 17 February 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
. final.
I verify that the statements made in this Affidavit are true and correct and 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.
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIANE K. OYLER,
Defendant
NO. 2000-776 CIVligrE~ 0
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IN DIVORCE mrq ~ i':: Tl
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WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR~ ;;;!
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OF A DIVORCE DECREE UNDER SECTION 3301/cl OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
. relating to unsworn falsification to authorities.
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Dated:
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MICH EL H. OYLEit
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MICHAEL H. OYLER,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
OE A DIVORCE DECREE UNDER SECTION 3301lc) OF THE DIVORCE CODE
CIVIL ACTION - LAW
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WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY ~ .s::-
1. I consent to the entry of a final decree in divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
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Dated:
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DIANE K. OYLER
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANE K. OYLER,
Defendant
CIVIL ACTION - LAW
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NO. 2000-776 CIVI~R~;;_n
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IN DIVORCE ~6:' ';~~
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AFFIDAVIT OF CONSENT :;;;8 .. :2n1
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1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed O'n
vs.
10 February 2000 and was served upon the Defendant on or about 17 February 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and I
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.
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DIANE K. OYLER
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MICHAEL H. OYLER,
Plaintiff
vs.
DIANE K. OYLER,
Defendant
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-776 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
The undersigned, Diane K. Oyler, does hereby accept service of the Divorce Complaint
filed against her in this matter and acknowledges receipt pf a certified copy of that
Complaint.
Date: ;? - / J -DO
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Diane K. Oyler
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-776 CIVIL TERM
DIANE K. OYLER,
Defendant
IN DIVORCE
MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
moves the court for the entry of a Qualified Domestic Relations Order to divide and
distribute some of the parties' marital assets, in accordance with Paragraph 4 of the
Property Settlement Agreement between the parties dated 21 June 2000, which is attached
to this Motion. Plaintiff moves the court to enter a Qualified Domestic Relations Order in the
form attached, which both parties have reviewed and approved.
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Date: '2 2. ~ ~rt7 e L.:ooo
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Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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MICHAEL H. OYLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIANE K. OYLER,
Defendant
NO. 2000-776 CIVIL TERM
IN DIVORCE
STIPULATED DOMESTIC RELATIONS ORDER
FOR DIVISION OF IBM TAX DEFERRED SAVINGS PLAN
AND NOW this
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, 2000, as part of the above divorce
, proceedings, the parties having agreed upon the division of the Participant's account in the IBM Tax
Deferred Savings Plan (hereinafter "TDSP"l, we hereby enter the following order applicable to TDSP:
1. The party to this action whose account in TDSP is subject to this order is hereafter called
"Participant" and is identified as follows:
Michael H. Oyler (SSAN: 209-46-1417)
879 Hawthorne Avenue
Mechanicsburg, PA 17055
IBM Serial No.: 771549
2. The party to whom payment is to be made under this order (hereafter called "Alternate
Payee" is the Alternate Payee of Participant's interest in TDSP and is identified as follows:
Diane K. Oyler (SSAN: 191-46-4365)
1447 Hillcrest Court, Apt. 310
Camp Hill, PA 17011
3. A loan to a participant is made by taking invested funds out of the participant's account.
The total value of the account is the value of the invested funds and any loan amounts outstanding.
The available account balance is the amount of invested funds, which balance does not include
amounts previously loaned out to the participant. The distribution to the Alternate Payee specified
by Paragraph 4 is made up to the limit of available funds as of the date of distribution and does not
alter the Participant's obligation to repay any loans then outstanding.
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4. The Plan Administrator of the TDSP is directed to make a lump sum distribution from the
Participant's Account in TDSP to the Alternate Payee of One Hundred Twenty-Three Thousand Six
Hundred ($123,600.00) Dollars, as well as a pro rata share from 15 June 2000 to the date of
distribution of any gains or losses in the account on that amount.
Effective May 19, 1995, distributions from TDSP are valued daily and the applicable valuation
for the account as of any specified date is based upon the preceding valuation date. For orders with
a specified date prior to May 19, 1995, a weekly (Thursday) valuation date will be used effective
during the Plan's weekly valuation period from 4/1/90 and 5/18/95 and a monthly valuation date will
be used if effective prior to 4/1/90. The pro rata share of gains and losses is based upon the
changes in unit values of the funds in which the account was allocated on the specified date.
5. If the Alternate Payee dies after the issuance of this order, TDSP is to make the applicable
distribution to the Alternate Payee's estate.
6. This Court shall maintain jurisdiction of this matter, and of the parties, to the extent
necessary to modify, amend, implement, or enforce this order.
BY THE COURT,
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The undersigned Plaintiff and Defendant hereby exe ute this Order to evidence their consent to and
approval of the Order, to stipulate to its entry, and to jointly move the Court to enter such Order.
'2\ O~.,t 2.000 \t-
Date Michael H. Oyler laintiff /Participant)
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this QJ 1st- day of ~ ,2000, is by and
between:
MICHAEL H. OYLER, of 879 Hawthorn Avenue in Mechanicsburg, Pennsylvania,
hereinafter referred to as "Husband"; and
DIANE K. OYLER, of Apartment 310,1447 Hillcrest Court in Camp Hill,
Pennsylvania, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on 12
April 1975 and are the natural parents of two minor children, Megan E. Oyler, born 19
August 1983 and Kaitlin L. Oyler, born 25 February 1985 {hereinafter referred to as
"children"; and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one and another and Husband has
initiated an action in divorce filed to No. 2000-776 Civil Term before the Court of Common
Pleas of Cumberland County, Pennsylvania.
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their heirs,
successors, assigns, and personal representatives, do hereby covenant, promise, and agree
as follows:
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9. ALIMONY. Husband shall pay Wife alimony as follows:
A) The amount shall be Five Hundred ($500.00) Dollars per month,
commencing on the first day of the first month following the date of this
agreement and continuing on the first day of each consecutive month
thereafter for the term as provided for herein.
B) The term of the alimony shall continue until terminated by mutual
agreement of the parties or upon the death of either party, Wife's remarriage,
or Wife's cohabitation with another man for a period in excess of thirty (30)
days.
C) The amount of alimony shall be subject to modification upon a
substantial change of circumstances, at which time the parties shall attempt
to negotiate a payment of alimony which is proportional to the alimony
provided in this agreement relative to their respective incomes. The change in
circumstances shall not include the addition of part time work by either of the
parties and any income either of the parties obtains from a second job shall
not be considered in reviewing or determining alimony.
D) The alimony payments pursuant to this paragraph shall be made
directly by Husband to Wife. In the event of any dispute between the parties,
either of them may petition the Court of Common Pleas of Cumberland County
to enforce the terms of this alimony paragraph so that payments of alimony
shall be made through the Domestic Relations Office. In the event that either
of the parties believes a modification of the amount of alimony is in order, or
that the term of the alimony has ended, and the parties cannot agree upon
such modification or termination, either of the parties shall be free to petition
said Court to modify or terminate the alimony payments hereunder.
E) All payments made pursuant to this paragraph shall be treated by
both parties as alimony. Husband shall be free to deduct such payments from
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14. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent
to the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after the
date of the parties' separation. Both parties hereto mutually agree and promise that neither
will contract or otherwise incur debts in the other's or joint names without the prior
permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to the
other up to the time and date of this Agreement.
15. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed such
information, as well as the law of Pennsylvania as it relates to their rights, obligations, and
claims arising out of their marriage and of any divorce action which has or may be filed
between the parties with an attorney of their choice, or had the opportunity to review such
matters with an attorney of their choice and voluntarily decided not to do so. Further, the
parties each acknowledge that they are aware that they have the right to compel the other
party to provide full financial information about all assets owned by either party and all
liabilities owed by either party and have the right to have a court force such disclosure in a
divorce action. Being aware of those rights, the parties expressly waive the right to further
disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree
that they are satisfied with their understanding of their legal rights and obligations. Being
so aware and satisfied, the parties mutually accept the terms and provisions of this
agreement in full satisfaction of any and all rights or obligations arising of their marital
status or the divorce action now pending or to be filed between them.
10
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19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term, condition,
clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
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MIC AEL H. YLE
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A r K. OYLER
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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( SS.:
)
On this, the day of , 2000, before me, the undersigned officer,
personally appeared MICHAEL H. OYLER known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
( SS.:
)
On this, the day of , 2000, before me, the undersigned
officer, personally appeared DIANE K. OYLER known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
13
,i
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02/07/2000 08:59
1-717-701-0820
EASTERN PA RO
PAGE
02/02
,/
o ,
M.tropolilall Lite Insurance Company
Benollls Administratton .
200 Park Avenue, New York. NY 10166
M~etLifie
Ms. Diane K. Oyler
879 Hawthorn Ave.
Mechanicsburg, PA 17055
Re Certificate 472377
__ - _0_.-.--..-- _'
Dear Ms Oyler
This letter is in response to the infonnation you requested regarding the "Value" of your
Retirement Plan benefits.
There are many methods of detennining the value of Retirement Plan benefits. While we cannot
provide you with an actuarially certified quotation, we can provide you with an estimated value
based on one of these methods.
As of April 18, 2000. on an estimated monthly single life pension of $67.16 commencing on
March 1, 2020 and your date of birth of February 17. 1955. the estimated value of this benefit
would be $2,391.90.
Under our Retirement Plan, you are not permitted to receive a Lump Sum distribution if the
value of your benefit exceeds $5,000.
Very truly yours
~
Benefits Consultant
Benefits Administration
January 27, 2000
-Exhlbrr A
~
~~ .i"~L,
MetLife Defined Contribution Group
Page 1 of2
.' "
MetLife i~
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Information as of January 18,2000
If you have any questions about the information shown here, please call the
MetLife Savings Plans Service Center at 1-800-677-5678.
For comments or suggestions about this site (not related to your
confidential account information), please send e-mail to the Web master.
Please be sure to lQgQ~tt after each account access session.
!Fh,m YIIU !lOve flui.<dred
If t(llc~J,,-.brief
mryey.
ITotal Account Valuel
I $9435.91 I
L,ast Five Transactions
IDate IIDetails II Amountll Statusj
f11/2471999 IIContribution II $ 163.0311 Postedl
r 2/1 0/1999 IIContribution II $-199.9911 Posted]
r2/23/1999 IIContribution II $-182.0711 Posted]
11/7/2000 IIContribution II $-182.0711 Posted]
[IT12/2000 IIFund Transfer II $ 3416.6911 Posted]
For additional transaction history, continue to your ct(fQlJYlt~tcttgrn?nt.
https:llonline.metlife.com/40 1 k/cgi/Layers.exe?summary
01/19/2000
c' ~
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. MetLife Defined Contribution Group
MetLi
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Information as of January 18, 2000
,I
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Page 1 of3
., I I
Jf you have any questions about the information shown here, please call the
MetLife Savings Plans Service Center at 1-800-677-5678.
For comments or suggestions about this site (not related to your
corifidential account iriformation), please send e-mail to the Webmaster.
Please be sure to 10gJ!ut after each account access session.
l''Iu:'n
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survey
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Account Value by Fund
Fund
ECJllityJ;'~lI1Q
('onllilOlI Sloek Index Fund
__ __n.' _"'__ _'___ __~_~_,___~___
Units Held
8.1644
7.7722
43.4606
6.6323
119.6379
9.3116
S 1l1~1 LCQl11P~!ly_StQ~}(Ell!lQ
Int~m~tion.<tL Equity FUDd
V ~Ill~_gCJllityJ<ul!Q
EI11erging M~rk~t~Egl1ityJ~ll!1ci
Total Market Value
Current
Balance
$ 2693.42
$2594.17
$ 1263.54
$ 137.83
$ 1325.89
$ 1421.06
$9435.91
. To view more information about afund, click on its name.
Unit/Share Values
https://online.metlife.com/401 k/ cgi/Layers.exe?statement
Asset
Allocation
28.5%
27.5%
13.4%
1.5%
14.1 %
15.0%
100.0%
01/19/2000
, .
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Page 2 of3
. < J t
Fund
Equ ity. FUllQ
-"-,- ---. ,
t'olmnon Stock Index F<'und
Sl11all COlTIPClTlyStQ<;k:J'unq
Internati onal~qtlity FYflQ
Value Eqllity):;'tlI1Q
EIn erg in g .M<lrk:~t~J:~:gl1i:tY_Fu1}q
Unit Value:
329.898033
333.775357
29.073147
20.782062
11.082548
152.611527
Investment Directions
Fund
Equity_ Fund
(Cllil!iJOI-' Shld~illde" l<'und
SmallCompally_S!QfJc FUI)Q
I nt~rnJi!igll<lL Egui!YEl1nd
YalueEgl,lity_Ill11Q
E111~rgin g M~rk~ts~911ityJ~1l11Q
Total
Investment Election
30%,
30%
10%
10%
10%
10%
100%
. ;
. Changes to your investment direction will be processed for the next
available payroll following receipt of your request. Investment
direction changes can be requested once per,'month. Cancellation is
not permitted.
. Note: Changing the investment direction offuture contributions does
not move existing balances. If you wish to move these balances, you
will also need to initiate a fund transfer.
Account Value by Contribution Type
Contribution Type Inception to Date Gain / Loss Total
Contributions
After Tax $4134.24 $1102.64 $5236.88
Before Tax $533.73 $45.53 $579.26
Company Match $2874.76 $745.01 $3619.77
https://online.metlife.com/40 1 k/ cgi/Layers.exe?statement
01/19/2000
"...~ -
MetLife Defined Contribution Group .
Total Market Value
$7542.73
$1893.18 $9435.91
~
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Page 3 of3
. ,
-. --_._-,~.,____,__ - ________________', 0___,___.. __,_______
- ._._._-~---------- - ------- - --~ ---
(No Loans)
. There is detailed information on the loa1"J12()~tjllgfJlJ.:l?
__ ____,___, -----'--_-0 '0 ,_,__,________,____, ",-__,. n'_'_________, ......________,____ '...._'" __ __'___._'''___n__-,
_ _____'_________.___,...___~~_'__m....._______,_...__~____ _.'_______ '",'___
Date
10/1/1999
10/15/1999
10/29/1999
11/12/1999
11/24/1999
12/10/1999
12/23/1999
1/7/2000
1/1212000
Transaction History
IOctober ..1I1199~. to Present ........
Details
Contribution
Contribution
Contribution
Contribution
Contribution
Contribution
Contribution
Contribution
Fund Transfer
Amount
$ 107.70
$ 167.51
$ 174.23
$ 176.47
$ 163.03
$ 199.99
$ 182.07
$ 182.07
$ 3416.69
Status
Posted
Posted
Posted
Posted
Posted
Posted
Posted
Posted
Posted
. You can change the starting date of this transaction range by choosing
a date above and clicking ''New Statement".
. Lost your Too/bar? Glick/lt!r'?'
. (/(!hilckIOf!!2
https:llonline.metlife.com/40 1 k/ c gi/Layers .exe ?statement
01/19/2000
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~ Conrad M. Si~gel, Inc.
.~ Actuaries/Benefit Consultants
.- "='::. =.. .......-.. 501 Corporate Circle
_ _ _ _ _ ......., P.O. Box 5900
- -. - - I _ .II Harrisburg, PA 1711 0-0900
- -"--" ~-- (717)652.5633
i ii Fax (717) 540-9106
March 24, 2000
Conmd M. Siegel, FS.A.
Harry M. l.:eislt:r, Jr., F.S~A.
Brian S. Sann, F.S.A.
Clyde E. Gingrich, F.S.A.
Earl L. Mummert, M.A.A.A
Robert J. Dolan, A.S.A.
David F. Stirling, AS.A.
Robert J. Mrazik, F.S.A.
David H. Killick, F.S.A.
Jeffrey S. Myers, F.S.A.
Thomas L. Zimmerman, F.S.A
Glenn A Hafer, F.S.A
Kevin A Erb, F.S.A
Frank S. Rhodes, F.S.A., A.C.A.S.
Charles B. Friedlander, F.S.A.
Holly A Ross, F.S.A
John W. Jeffrey, A.S.A
Denise M. Polin, F.S.A.
Thomas W. Reese, A.S.A.
Janel M. Leymeister, CEBS
Mark A. Bonsall, A.S.A.
Jonathan D. Cramer, A.S.A.
J
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lernoyne,PA 17043
Re: Michael H. Oyler
Dear Mr. Andes:
You provided me with the following information concerning Michael H. Oyler:
1. Date of birth - August 11, 1956.
2. Date married - April 12, 1975.
3. Date hired - September 25, 1978.
4. Accrued monthly pension as of May 1, 2000, under the IBM Retirement Plan
assuming continued employment - $1,395.44 per month starting at age 55 or
$2,014.98 per month starting at age 65.
Currently, Michael H. Oyler is 44 years of age (age nearest birthday).
The IBM Retirement Plan is a defined benefit plan. The figure that is marital property for
divorce purposes is the present value of the pension earned, during the marriage.
As previously indicated, based upon continued employment the accrued pension as of
May 1, 2000, is $1,395.44 per month for retirement at age 55 or $2,014.98 per month for
retirement at age 65. These benefits were earned during the marriage since the date of
hire was after the date of marriage.
The following table shows the present value of the pension earned during the marriage:
Retirement Age
Present Value Pension
Earned During Marriage
55
65
$86,065
$47,586
"
-
-
~._,,-
, .
~~-J Conrad M. Siegel, Inc.
. .
Samuel 1. Andes, Esquire
March 24, 2000
Page 2
It should be noted that the figure in the above table for retirement at age 55 is based on
continued employment until that age. If Mr. Oyler were to terminate employment today,
the unreduced pension benefit would start at age 65. He could probably receive a
substantially reduced pension to start currently but I have not made that calculation.
The present values have been determined based upon the assumptions promulgated by the
Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 7.1%
per year for 25 years followed by 6.25% per year. The mortality is in accordance with the
1983 Group Annuity Mortality Table.
In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation
are appropriate for the purpose of determining the present values.
With best regards,
Yours Bincerel(y, I)' _'_
, . '. /~
~ .-1), .1 \i t~(1 )
Harry~. Leister, Jr., F.S.A.
Consulting Actuary
HML:kad
FEB 10 '00 09:57 FR IBM MECHRNICSBURG
, ,
717 795 4144 TO 97611435
, ,
February 9, 2000
RE: IBM Retirement Plan Benefit Estimation
Dear Mr. Oyl er;
Thank you fOr using the IBM Retirement Plan Benefit Estimation
System. The estimate format inCludes: the Pension Credit Formula,
the Transition Formulas (either the minimum benefit formula or the
service and earnings formula, whichever provides the higher benefit) and
a feature that projects your TDSP balance.
If you have any questions regarding these formulas, please refer to the
booklet entitled "About Your Benefits: Capital Accumulation, Retirement
and Separation." You can request a copy of this booklet by contacting
Pension Services at 1-800-796-9876. In addition, if you are an active
employee, you may access this information from the HR Web at
http://w3.ibm.com/HR.
1 1. Assumptions Used in This Estimate
Date of Separation
Joint Annuitant(Spouse) Date of Birth
Joint Annuitant Percentage Continuation
Will PRP Be Paid as an Immediate Lump-Sum
Future Average Annual Salary Increase
TOSP/401(k) Employee Contribution Percentage
TOSP/401(k) Assumed Rate of Return Percentage
2. Employee Data Used in This Estimate
B~sic Employee Data
!'lame.. . . .. . .. .. .. . .. .. .. .. Oy 1 er
Serial Number............. 771549
Date of Bi rth............. 08/11/1956
Service Reference Date.... 09/25/1978
Pension Reference Date.... 09/25/1978
Vesting Reference Date.... 09/25/1978
On Board Date............ 09/25/1978
PRP Balance on 12/31/1994. 6,128.10
Current Monthly Salary... 6,370.00 *
TDSP Account Balance ..... 136,009.47 *
TaSP YTO Contribution .... 0.00 *
Age as of 05/01/2000 ..... 43 Yrs 8 Mths
Service as of 05/01/2000. 21 Yrs 7 Mths
* As of 01/01/2000
05/01/2000
N/A
N/A
No
0.00%
5.00%
0.00%
Ret i rement
Earnings History
1988:
198~:
199E)';
1991:
1992:
1993:
1994;
1995:
1996:
1997:
1998:
1999:
2000:
$43,418.40
47.792.76
48.727.50
50.880.GO
50,880.00
52,580.0e
55,854.34
59,167.01
65,377.82
71,919.85
76,327.55
86,688.31
0.00 *
P.02
. .
" I
1Il:01'''I~'
J
, .
-
FEB 10 000 09:57 FR IBM MECHANIC5BURG
717 795 4144 TO 97611435
o ,
Note: the calculations of your estimated IBM benefits are based on the
information you provided and on the data that IBM has in its personnel
and payroll records. Those records may contain errors that could affect
the calculation of your estimated benefit amounts, therefore, any of
the amounts shown are subject to change as a result of corrections made
to the data. This estimate aSSumes that you will cOntinue employment with
IBM until the separation date selected. If you are a regular part-time
employee. this estimate does not reflect the part-time calculation. Please
call HRSC for assistance. IBM provides this information as a convenience.
The preparation and furnishing of this benefit estimate is not deemed
a guarantee of benefit or of continued employment for any period. It is
simply an estimate of possible benefits and does not create any legal
rights. The terms of the Plan govern your rights. Your actual salary
experience and service history will determine your actual benefits. We
urge you to review all of the data in this estimate and to pay particular
attention to the annual retirement earnings history. Any discrepancies should
brought to the attention of Pension Services at 1-800-796-9876.
Page 2
1 3. Monthly Retirement Benefit Payable
(mo.02)
Single Life Only Option
At benefit commencement you will receive the greater of:
If Payment Begin Date is ->
Age
1. Pension Credit Formula
2. Transition Formula
a. Core Benefit
b. PRP as an Annuity
c. Total Current Formula
Monthly Benefit *
* Your estimated PRP balance of 7,552.53 as of 05/01/2000 has been
converted to a monthly benefit and is included in these amounts.
05/01/2000 09/01/2011 09/01/2021
43y 8m 55y Om 65y Om
,
\
716.28 1,39,5.44 2.014.98
223.46 1,246.38 1,780.54
oj. 45.22 oj. 98.47 + 193.77
------------- ------------ ------------
268.68 1,344.85 1.974.31
716.28 1,395.44 2.014.98
Ta~ Deferred Savings Plan
Estimated Account Balance on 05/01/2000
137.920.47
Joint and Survivor Regular Option
If Payment Begin Date is ~> 05/01/2000 09/01/2011 09/01/2021
IBM Retirement Benefit to Employee N/A N/A N/A
IBM Benefit to Joint Annuitant N/A N/A N/A
Joint and Survivor Restore Option
If Payment Begin Date is -> 05/01/2000 09/01/2011 09/01/2021
."~'."
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. .
FEB 10 '00 09:58 FR IBM MECHANICSBURG
717 795 4144 ~O 97611435
... I ,
IBM Retirement Benefit to Employee
IBM Benefit to Joint Annuitant
N/A
N/A
N/A
N/A
Page 3
1 4. Details of Pension Credit Formula
(El00.02)
Years (s)
Eligible
Earnings
Excess *
Points
Base *
Points
Age(s)
-~~-----------------------------------------------------------------
1978 - 1985 Under 30 N/A 51. 34 0.00
1986 - 1990 30 - 34 N/A 43.84 4.42
1991 - 1994 35 - 38 N/A 46.26 7.42
1995 39 59.167.01 12.00 2.G0
1996 40 65,377 .82 13.26 2.GO
1997 41 71,919.85 15.00 2.00
1998 42 76,327.55 15.00 2.00
1999 43 86,688.31 15.00 2.00
2000 44 25.480.00 4.93 0.66
-------- ------~
Total 216.63 22.50
Final 5 Year Average Pay
Estimated Social Security Covered Compensation
Excess Final 5 Year Average Pay
73,047.64
- 70,800.00
2,247.64
Base Excess Total
-------------- -------------- --------------
Final 5 Year Average Pay 73,047.64
points x 217/100
2,247.64
x 23/100
73,047.64
N/A
Total
-------------- -------------- --------------
158,513 .38
516.96
159,030.34
Conversion Factor
/
6.577
Age 65 Annual Benefit
Age 65 Monthly Benefit
24,179.77
2,014.98
* Base and excess paints prior to 1995 are grouped for each age category.
In the final calculation, points are rounded up to the nearest integer.
-."ll1f1i:,
P.04
"" ....
N/A
N/A
,,-
-
FEB 10 '00 09:58 FR [BM MECHRNICSBURG
, .
717 795 4144 TO 97611435
.
, .
Page 4
1 5. Details of Highest Current Retirement Plan formula
Service and Earnings Calculation
--------------------------------
Year
1995 (59,167.01 x 0.666667)
1996
1997
1998
1999
2000
Total Retirement Earnings in Base
Period Ending 04/30/2000
Average Retirement Earnings for
This Period Ending 04/30/2000
Service through End of Base Period
Ending 04/30/2000
Balance Forward through 04/30/2000
Age 65 Annual Vested Rights Income
Age 65 Monthly Vested Rights Income
PRP as a Monthly Benefit at Age 65
Total Monthly Income at Age 65
(000.02)
Retirement Earnings
39,444.67
65,377.82
71.919.85
76,327.55
86,688.31
25,480.00
365,238.20
73,047.64
x 21.666667
1,582,698.87
x 0.0135
+
21,366.43
1,780.54
193.77
1.974.31
Page 5
1 6. Details of Tax Deferred Savings Plan/401(k) Estimate
Estimated TDSP/401(k) Account Balance
Be9inning Employee*
Balance Contribution
IBM Matching**
Contribution
Year
(EI00.02)
Earnings
Ending
Balance
05/01/2000 136,009.47
637.00
----------------------------------------------------~--------
0.00 137,920.47
1,274.00
-"":'1'
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P.05
. .
. ,
-
,~-
FEB 10 '00 09:58 FR IBM MECHANICSBURG
717 795 4144 TO 97611435
"fJ , \:
Note: Your TDSP/401(k) balance is stated based on yOur current account
value. If you have an outstanding loan, it has been subtracted from your
balance, You may want to consider this information wW~n viewing this
report.
* Your employee COntributions to TDSP/401(k) may not exceed IRS limits
in any given year. This Column prOjects contributions only to
the maximum projected legal limits.
** IBM matching contributions will Cease at the point you reach
IRS projected legal limits(if applicable).
Page 6
1 7. Vested Rights Information & Help
(E100.02)
If you are completing your Vested Rights paperwork, the following
information will be beneficial in completing the form entitled:
"ELECTION OF VESTED RIGHTS DATE AND INCOME BASIS"
Employee/Spouse/Notary Signature (Section C of the election form)
- If you are electing Option 1, Section A (PRP as a lump Sum
Distribution). are married and vested (have 5 or more years
of IBM service), or are not vested and your PRP balance 1S
greater than $5,000, your spouse must complete all blanks in
the third paragraph (indicated by the **).
The amounts to use in this paragraph are:
-"':<:":~I,,~~i:">
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P.06
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----
----
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. T~ DefelTed Savings Plan 401(k)
IBM COI'pOI'ation and Affiliates
.
,
.. Account Statement
Fourth Quarter, 1999
. < .
If' "! It
.
Page 1 of
136098 J 2 0010 02 01104011- 01' 00762 A
MICHAEL H OYLER
879 HAWTHORN AVENUE
MECHANICS8URG PA 17055-5730
Serial Number:
Division Code:
171549
23
Anent/on; Effective Febt1Lary 1, 1999, tbe Fixed Income Fundformally changed its name to the Stable Value Fund. Ibis represents a change in the FUnd~
name only and not in its composition or performance characteristics.
2291
13""
I
,
01104011- 01
76'
You may access your account l:ry using the IDSP 401(k) Web Site from borne via the Internet at: bttps.,/ /MlL40IKmetlife.com/lBM/ or from an IBM
location via tbe Intranel at: bttp.,//w3.tbmcomjbr You will need to sign up for service to obtain a secure password the first time you access the She.
Additionally,you may utilize tbe TDSP 401(k) Voice Response System (VRS) with your Social Security Number and Personal Identification Number
(PIN) at 1.80().. 726-1000. TDSP 401(k) ServU:e Representatives are available to assist you if you bave specific questions regarding your statement or if
you would Uke to requa~t a free Statement Guide Brochure. Representatives are available from Bam to 8pm Eastern Time, Monday througb Friday,
excluding bolidays.
Summary of Your Account
Fund
Account Market Value
Investment Opening Additions/ Investment Closing
Election Balance Subtractions Gain/Loss Balance
(%) ($) ($) ($) ($)
60 50,538.44 859.98 756.18 52,154.60
40 72,408.56 573.30 10,873.01 83,854.87
100% $122.947.00 $1.433.28 $11.629,19 $136,009.47
Stable Value
Large Company Inde)(
Total Market Value
Asset Allocation of Funds
II 38.3%
o 61.7%
Stable Value
Large Company Index
Please note,. fjyou are invested in any o/the Life Strategy Funds, theAssetAUocattonfor these funds is sbown in terms of the underlying components
(other TDSP 401(k) tnvestmentoptions) tbatmake up these funds. Forexample, if you are invested 100% in tbe Conservative Life Strategy Fund,your
asset aUocaUon woulJ be sbown asfoUows: 23% Large COmpany Index, 7% SmaU Company Stock, 10% International Stock, 50% Stable Value and 10%
TotalBondMarket
""'....,~
~ ....
.~_..;,
. of'"
= =-.:-.;r .T_ Defen-ed Savings Plan 401(k)
..:.. ::-:. = r ~ IBM COI'pOI"alion and Affiliates
.
" ...., ': · Account Statement
Fourth Quarter, 1999
.. tl"'. l' po
Page 20/ 5
Serial Number. 771549
Account Activity This Period
Activitv
Opening Balance as of 09/30/99
Contributions: Matched Deferrals
Employer Match
Investment Gain/Loss
Closing Balance as of 12/31/99
Amount
$122.947.00
955.50
477.78
11,629.19
$136,009.47
1'l6098
J
z
0It(40)).0)
Summary of Account By Type of Contribution
Category of Contribution
Matched Deferrals
Employer Match
Total
Year-to-Date
Contributions
(Gross)
4,334.40
2,167,26
$6,501.68
Inception.to-Date
\ Contributions
(Gross)
37.844.56
14,872.93
$52.717.49
Total Market
Value
100,818.80
35,190.67
$136.009.47
Transaction Details by Fund
Stable Value
Objective: Preservation o/princlpal wtth a relatively
stable rate o/interest.
Activity
Opening Balance as of 09130/99
Opening Period Unit Value
Contributions: Matched Deferrals
Attention: Effective February 1, 1999, tbe Fixed Income
Fund /ormaUy changed Its name to tbe Stable Value
Fund. This represents a change in the funds name only
and not in its composition or performance
characteristtcs.
Employer Match
Amount
$50,538.44
3.0228
573.30
286.68
756.18
$52,154.60
3.0677
Investment Gain/Loss
Closing Balance as of 12131199
Closing Period Unit Value
Large Company Index
Objective: Long-termgrowtb 0/ capital with. a market
rate o/return from a diversified group a/large and
medium--company common stocks
Activity
Opening Balance as of 09130/99
Opening Period Unit Value
Amount
$72,408.56
18.9701
Contributions:
Matched Deferrals
382.20
Employer Match
191.10
Investment Gain/Loss
10,873.01
Closing Balance as of 12/31/99
Closing Period Unit Value
$83,854.87
21.8092
CS073A
. ...
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COMMON WE All Ii OF PENNSVI.VAtIIA
(}f.Ofr77&
H\\:l5\5JI"-'1J,~OO
DEPARTMENT OFIlEALTII
VITAL RECORDS
DIVORCE
IX1
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FILE NUMBER
COUNTY
Cumberland
STATE FILE DATE
HUSBAND
,. NAME
(First)
(Middle)
(Last)
2.
(Month) (Day)
August 11
Year
Michael
H.
Oyler
DATE
OF
BIRTH
4. PLACE
OF
BIRTH
7, USUAL OCCUPATION
1956
3. RESIDENCE
Street Of R.D.
City, Boro. or Twp.
Mechanicsburg
County
Cumberland
Slate
879 Hawthorn Avenue
PA
(SIale or Foreign Country)
Permsylvania
5. NUMBER
OF THIS
MARRIAGE
1
6. RACE
WHITE
BLACK
IZl
o
OTHER (Specify)
o
WIFE
Program Manager
8. MAIDEN NAME (First) (Middle) (last) ,. DATE (Mon/h) (Day) Year
OF
Allwein Diane K. Oyler BIRTH February 17 1955
!. RESIDENCE Street or R.D. City. Bora, or Twp. County State 11. PLACE (Slide or Foreign Coantry}
~1echanicsburg OF Permsylvania
879 Hawthorn Avenue Cumberland PA BIRTH
12. NUMBER 6. RACE 14. USUAL OCCUPATION
OF THIS WHITE BLACK OTHER (Speclly)
MARRIAGE 1 I:xI 0 0 Regional Analyst
15 pLACE OF (Counly) (Sta/e or Fore/gn Country) 16. DATE OF (Month) (Day) (ye.lr)
THIS Cumberland pennsylvania TlilS April 12 1975
MARRIAGE MARRIAGE
17A. NUMBER OF 17B. NUMBER OF DEPENDENT lB. PLAINTIFF 19. DECREE GRANTED 10
milLDREN THIS CHILDREN UNDER 18 HUSBAND WIFE OTHER (Spaclty) HUSBAND WIFe: OTHER (Spacily)
MARRIAGE 2 2 [X\ 0 0 IZJ 0 0
2.. NuMBER OF HUSBAND WIFE SPUT CUSlOOY OTHER (Speciry) 121 LEGAL GROUNDS FOR
CHILDREN TO 0 0 0 DIVORCE OR ANNULMENT 3301 (c)
CUSlOOY OF
..
22. DAfE OF DECREE (Month) (Day) (~ar) I" DATE REPORT SENT (Mon/h) (Day) (Yoar)
10 VITAL RECORDS
..'
24. SIGNATURE OF
TRANSCRIBING CLERK
I-hehael H. Oyler
Diane K~~ Oyler --
'-
209-46-1111 7
191-46-4365
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