HomeMy WebLinkAbout00-03204
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STATE OF
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. BERTHA N. RICE,
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. Plaintiff,
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. VERSUS
. RONALD C. RICE,
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Defendant.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PEN NA.
No. 00-3204
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DECREE IN
DIVORCE
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~O() , IT IS ORDERED AND
AND NOW,
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DECREED THAT Bertha N. Rice
, PLAINTIFF,
AND Ronald C. Rice
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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The Marital Settlement Agreement dated May 27, 2000, is
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incorporated. but not merqed into this Decree.
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By TH E
ATTEST:
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~~~HONOTART
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~GESETTLEMENTAGREEMENT
THIS AGREEMENT made this lfaday of ~..i;, 2000, by and between Ronald C.
Rice, (hereinafter referred to as "Husband,") and B~. Rice, (hereinafter referred to as
"Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on August 8,1964; and
WHEREAS, Husband and Wife are the natural parents of one adult child, Tyler Rice,
born April 17, 1972;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and
agree as follows;
1. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" oftrus Agreement shall be defmed as the date of execution by the parties if they
each have executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" oftrus Agreement shall be defmed as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be defmed as fourteen
days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each
party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next
business date.
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2. ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this Agreement
with their respective counsel. Husband and Wife acknowledge that 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. The parties further acknowledge that they have each made to
the other a full accounting of their respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereof for the purpose of this Agreement. Each party
agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such
disclosure in any legal proceeding involving this Agreement with the exception of disclosure that
may have been fraudulently withheld.
3. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the lawfulness or unlawfulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
fully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of the agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the other.
5. DIVISION OF PERSONAL PROPERTY
Husband shall retain the following accounts:
Checking account No. '1--5' 4. 96!1.?,/J3
Savings Bonds No(s).
Four (4) Certificates of deposit:
$ 5,127.00
$50,000.00 Mature on
Nos.
$ 5,620.00
$ 5,11 0.00
$ 5,251.00
$ 5,096.00
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In exchange for the above, and mutual agreements contained throughout this agreement,
Husband shall pay to Wife the stirn of Eighty Thousand Dollars ($80,000.00) cash, and his
interest in his stock and savings plan with Consolidated Freightways Corp, with an approximate
balance of $103,000.00, managed by T. Rowe Price, P.O. Box 17215, Baltimore, MD 21297-
1215, account No. 165-32-2499.
Total amount cash payable to Wife within sixty (30) days of the Execution
of this Agreement: $ 80,000.00
Transfer of the interest in the T. Rowe Price shall be accomplished by
Qualified Domestic Relations Order as soon as practicable upon execution
of this Agreement.
The parties further agree that they have agreed to divide their personal property according
to the attached list, marked as "Exhibit A." Neither party will make any claim to any items
which are now in the possession or under the control of the other, following distribution
according to Exhibit A.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Wife shall receive spousal support in the amount of $800.00 per month pending
entry of the divorce decree. Thereafter, wife shall be entitled to alimony pursuant to Paragraph 7.
Each party agrees to relinquish any right to further Support/and Alimony Pendente Lite.
CHILD SUPPORT
There are no minor children of the parties. There is no payment of child support
under this agreement.
7. ALIMONY
(a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23
Pa.C.S.A. S 3701, commencing on the distribution date of this Agreement, Husband shall pay to
Wife as alimony the sum of Eight-Hundred Dollars ($800.00) per month, payable on the 15th
day of each month which shall terminate only under the provisions of paragraph (b). The first
payment shall be due on the 15th day of the month following the distribution date of this
agreement, 2000.
(b) Notwithstanding the provisions of the above paragraph, the alimony payments
provided for in this paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii)
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Wife's cohabitation pursuant to 23 Pa.C.S.A. S3706; (iii) Wife's death; or (iv) Husband's death.
(c) Wife and Husband represent and acknowledge that they each have sufficient
property for her or his reasonable needs and are able to support herself or himself through
appropriate employment.
(d) Wife does hereby acknowledge that the current rate of inflation may change;
that Husband's income and assets may substantially increase in value; that she is not presently
fully employed; that her health may deteriorate and she may not be employed at various times in
the future; that Husband may receive substantial inheritance in the future; and that
notwithstanding these or other economic circumstances which may be a change in
circumstances of a substantial and continuing nature, the payments for her support and
maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her
with sufficient fmancial resources to maintain and support herself in accordance with the
standard ofliving to which she is accustomed. Notwithstanding anything to the contrary in the
Divorce Code, Wife does expressly waive, discharge and release any and all rights and claims
which she may have now or hereafter by reason of the parties' marriage to additional alimony,
alimony pendente lite, support and/or maintenance or any other benefits resulting from the
parties' status as husband and wife, and further waives, discharges and releases any right which
she may hereafter have to seek modification of the terms of this Agreement in a court of law or
equity, it being understood that the foregoing constitutes a fmal determination for all time of
Husband's obligation to Wife's support and maintenance.
(e) Husband does hereby acknowledge that the current rate of inflation may
change; that his earning power may decrease, or his health may deteriorate; that Wife's income
and assets may substantially increase in value; that she may be employed at various times in the
future; and that notwithstanding these or other economic circumstances which may be a change
in circumstances of a substantial and continuing nature, the payments for Wife's support and
maintenance which are required under this paragraph are fair, just and reasonable. Therefore,
except as set forth in this Agreement, Husband does hereby expressly waive, discharge and
release any and all rights and claims which he may have now or hereafter by reason of the parties'
marriage, to alimony, alimony pendente lite, support and/or maintenance or any other benefits
resulting from the parties status as wife and husband, and further waives, discharges and releases
any and all rights which he may now or hereafter have to seek modification of the terms of this
Paragraph in a court ofIaw or equity, it being understood that the foregoing constitutes a fmal
determination for all time of Husband's obligation to contribute to Wife's support and
maintenance.
(f) Notwithstanding anything contained in this Agreement to the contrary, if a
fmal decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby
forfeits those payments which she is to receive under this Paragraph and Husband's obligation to
make such payments shall cease.
(g) Notwithstanding anything contained in this Agreement to the contrary, if a
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final decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Husband, Husband
hereby forfeits those payments which he has paid.
8. LIFE INSURANCE
Husband shall maintain Wife as the sole beneficiary of his Life Insurance Policy
with Baltimore Life, NO.O/J,J)"fJ,ooX'KfJ 3 in the amount of Two Hundred Thousand
Dollars ($200,000.00). The cash surrender value of the policy shall be property of Husband, but
shall become property of Wife should the policy not be paid, in which case Wife shall receive
such portion of the policy to pay the death benefit portion of the policy. Should Wife predecease
Husband, Husband may remove Wife or her estate as beneficiary of the policy.
Said insurance policy shall contain the following terms:
(a) The policy shall be automatically renewable;
(b) The policy shall not be cancelable on account of, and renewal shall not be
contingent upon, Husband's health;
(c) Wife shall be the irrevocable, sole primary beneficiary;
(d) Wife shall receive a copy of the policy and all renewals, and of any and all
notices of premium due and of default; and .
(e) The policy shall not be cancelable on account of, and renewal shall not be
contingent upon, Husband's employment or lack thereof.
In the event of a default in payment by Husband of any amount due on account of any
policy of insurance required to be maintained by virtue of this Paragraph 8, such payment may be
paid by Wife, who shall be reimbursed by Husband for the full amount of such payments, plus
any interest, penalties and costs, and reasonable legal fees incurred by Wife in securing
repayment.
Husband shall not, without Wife's prior written consent, cancel, borrow against, or in any
manner pledge or encumber any of the policies of insurance required to be maintained by virtue
of this Paragraph 8.
Wife shall maintain Husband as the sole beneficiary of her $25,000.00 travel and accident
policy No.!lJt8rvm oDI '/1783 in the amount ofOne-MiIlion Dollars ($1,000,000.00).
9. AUTOMOBILES
(a) The parties are the Qwn~r$ Qfthr~!e IMIil,mo,biles, a 1991 Chevrolet Corsica, a
1993 Oldsmobile Van, and a 2000 Ford A~rostar V8.ll.The Ford Aerostar Van is encumbered by
a purchase money loan. Wife shall have sole and exclusive possession of the Ford Aerostar Van.
Husband shall have sole and exclusive possession of the Chevrolet Corsica and Oldsmobile Van.
(b) Wife shall assume and hold Husband harmless for the purchase money loan on
the Ford Aerostar Van.
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Should any action be required to transfer title or other document of ownership, the
parties will take steps to transfer and reflect ownership as soon as possible after the distribution
date.
(c) Both parties agree to assume all responsibility and hold each other harmless
for any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be borne equally by the parties.
10.
DIVISION OF REAL PROPERTY
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(a) Premises. Wife and Husband hold title as tenants in the entireties to the
premises identified as 20 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania,
17007. (The Marital Residence). The parties agree as follows with respect to the Marital
Residence:
From the date of the execution of this Agreement, Husband shall be solely
responsible for all past, present and future costs, expenses or liabilities attributable and/or
resulting from Husband's and/or Wife's interests in the Marital Premises, and/or by reason of
Wife's former ownership thereof. There is no mortgage on the property. The property is
believed to be worth approximately $160,000.00.
Husband agrees to pay Wife Eighty-Thousand Dollars ($80,000.00) as equity in
the marital residence. Upon payment of the sums discussed in paragraph 5, Wife shall deliver to
Husband, at an expense to be shared equally, a quitclaim deed conveying all of her right and title
of the Marital Premises to Husband.
11. PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension, IRA and/or retirement
accounts. Wife shall receive the entire account balance in Husband's Consolidated Freightways
Corp. Stock and Savings Plan by Qualified Domestic Relations Order, as discussed in Paragraph
5. Wife relinquishes any other rights, title, and interest she may have in all other existing and
future retirement assets or benefits of Husband's pension or retirement plans. Husband
relinquishes any and all rights, title. and interest he may have in all existing or future retirement
assets or benefits of Wife's pension or retirement, 401K or other account.
The Stock and Savings Plan with Consolidated Freightways Corp., bears the
account No. 165-32-2499. A copy of his most recent statement is attached and made part of this
agreement as Exhibit B. The current balance of Husband's Stock and Savings Plan and ESOP is
$103,000.00.
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MEDICAL INSURANCE
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Husband shall provide, at his expense, a policy of medical, dental and eyecare
insurance comparable to that which Wife currently receives through Husband's employer,
Interactive Logistics. Coverage shall continue as long as Wife receives alimony under Paragraph
7.
Wife shall not be required to provide any policy of medical insurance for
Husband.
13. MARITAL DEBTS
(a) Both parties will continue to be responsible for all individual obligations
incurred during the marriage. Each party shall be responsible and hold the other harmless for
debts incurred solely in their name. Neither party is aware of any obligation currently in their
name.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
(c) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement.
14. FILING OF IRS RETURNITAXES
Husband and Wife agree to file separate tax returns for the tax year in which the
Decree in Divorce is entered.
15. DIVORCE
The parties agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the parties will execute and allow to be filed the necessary documents
to obtain a divorce under Section 3301(c) of the Divorce Code.
16. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into.
17. INCORPORATION
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This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
18. CONTINUED COOPERATION
The parties agree that they will, after the execution of this Agreement, execute any
and all written instruments, assignments, releases, deeds or notes or other such writings as may
be necessary or desirable for the proper effectuation of this Agreement.
19. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
20. BREACH
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and costs incurred by the other in
enforcing their rights under this Agreement or for seeking such other remedies or relief as may be
available to him or her.
21. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that the Agreement is fair and equitable; that it is being entered into
voluntarily; and that it is not the result of any duress or undue influence.
22. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right
to take against the will of the other and the right to act as administrator or executor of the other's
estate.
23. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns.
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24. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formalities as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
25. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may have been
made or executed or verbally discussed prior to the date and time of this Agreement are null and
void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
27. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties set their hands and seals the day and the
year first written above.
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Witness
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Bertha N. Rice, Wife -\-
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Commonwealth of Pennsylvania:
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County of CuMbu ~
PERSONALLY APPEARED BEFORE ME, this lli day ofStJ pi ,2000, a
notary public, in and for the Commonwealth of Pennsylvania, Ronald C. Rice, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
II!
NOTARIAL SEAL
DAWN M. SHUGHART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov. 28, 2002
Notary Public
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Commonwealth of Pennsylvania:
County ofCu~;
ss:
PERSONALLY APPEARED BEFORE ME, this lioday of Cj; PI ' 2000, a
notary public, in and for the Commonwealth of Pennsylvania, Bertha C. Rice, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein contained.
NOTARIAL SEAL
DAWN M. SHUGHART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov. 28, 2002
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Notary Public
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CONSOUDATED FREIGHTWAYS CORP.
STOCK" SAVINGS PLAN
Retirement Plan Account Statement
January 13. 2000 - April 6, 2000
c/o T. Rowe Price. P.O. Box 17215. Baltimore, MO 21297-1215
RONALD RICE
20 ENCK DR
BOILING SPRINGS PA 17007
Social Security Number 165-32-2499
Questions about your account?
Call T. Rowe Price at 1 -800-922-9945.
Please review your statement and report any errorS
to T. Rowe Price within 60 dayS.
To change your name Dr address, please: Contact yOU!
Plan Administrator.
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BeQinninQ Balance: $102,707.48
Change This Period: $7.464.04
Ending Balance: $110,171.52
Bumping into a besr market. a of falling share prices. can as
scsry as stumblini' across a real, 11'0:(': be~r. To feam more abc.U1 how to handle
this 'hairy' situation, read the article inser1ecf in your statement.
Stability Funds
UST Money Market Trust
Income Funds
Bond Index Trust
Growth Funds
International Stock Fund
Science & Technology Fund
Unrestric. CFC Common Stk
Total Balance
BeQinning Balance
21,949.920 DMdend
Market Fluctuation"
401.172 Ending Balance
$102,707.48
$287.86
$7,176.18
$110,171.52
$21,662.06
$21,949.92
$6,049.87
$6.274.32
$18,608.50
$55,251.91
$1,135.34
$102,707.48
$18.861.74
$62,215.11
$870.43
$110,171.52
1,012.983
925.958
151.379
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Income Funds ~ 5.70%
Growth Funds - 74.38%
Stability Funds - 19.92%
Bo~;;i~de~i;;;m'h'h ""'$6,049.67' ...,. "$0.00" . . '.,.. '$0.00 50.00 $224.65 55,274.32
Intemational Stock Fund $18,608.50 $0.00 $0.00 $0.00 $253.24 518,861.74
Science & Technology Fund $55,251.91 $0.00 $0.00 $0.00 56,963.20 562.215.11
Unrestric. CFC Common Stk 51.135.34 50.00 50.00 50.00 $264.91 - 5870.43
UST Money Market Trust 521.662.06 $0.00 $0.00 5287.86 50.00 521,949.92
Tota' $102,707.48 $0.00 $0.00 $287_86 $7,176.18 $110,171.52
].04885
Web Site: httpJlrp..troweprice.com
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CFC Contributions
CSF ESOP
Employee Contributions
ESOPiTrasop
Total
$16,819.37
$5,244.33
$79,275.61
$1,368.17
$102,707.48
Bond Index Trust $15.640 $14.530 30.0% RST-Conservalive Growth $25.380
Equity Income Fund $23.650 ' RST-Income Plus $19.900
EQuity Index Trust $39.500 Science & Techno10m' Fund $67.190 $46.820
Growth Stock Fund $35.640 Smali-Cap Value Fund $18.160
Intemational Stock Fund $18.620 $15.790 Unrestric. CFC Common Slk $5.750 $6.990
Restricted CFC Common Stk $5.750 Unrestric. CNF Common Slk $29.813
RST-Balanced $22.990 UST Money Market Trust $1.000 $'.000 70.0%
Total Allocation , 00.0%
CFC Contributions
CSF ESOP
Employee Contributions
ESOPiTrasop
Total Vested Balance
$16,831.83
$5.316.07
$86,653.08
$1,370.54
S11o,171.52
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100.00%
100.00%
100.00%
100.00%
Year..to-.Date
CFC Contributions $0.00 $0.00 $203.54
CSF ESOP So.oo $0.00 $69.35
Employee Contributions $0.00 $0.00 $0.76
ESOPiTrasop $0.00 $0.00 $14.2'
To:al Year-to-Oate $0_00 $0.00 $287.86
CFC Contributions $278.93 $0.00 $2,898.40
CSFESOP $0.00 $0.00 $5'8.75
Employee ContriblJtions $707.00 $0.00 $12,583.88
ESOPiTrasop $0.00 $0.00 $208,21
Tolallnceptlon-to-Oate $985.93 SO.OO $16,209.24
lnception.'to-Oate
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,. Market Fluctuation represents the change in valuation of each fund resutting from the combined impact of activity in your account and changes
in the net asset value throughout the statement period.
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Stocks Mixed, Bonds Rise in First
Quaner
Technology stocks and small-cap growth
stocks surged, while most blLle chips
struggled early before rallying in March.
The Federal Reserve raised interest rates
twice. International stocks rose modestly.
High-quality domestic bonds provided
modest Iotal returns.
Growth
Despite high volatility and a steep sell-off
near Quarter's end, technology stocks
added to last year's record-setting gains.
Small-cap and mid.cap indices also added
10 their 1999 records, but the Russell
2000 closed well below its quarteIT-j high.
A shih toward high. quality large.cap
stocks helped the Standard & Poor's 500
Stock Index gain 2% during the quarter.
The Dow Jones Industrial Average ended
the quarter down 5%. Value stocks
remained generally weak, despite a
recovery in mid- to late March. Financial
services stocks revived as investors
contemplated an eventual end to the
Fed's tightening program. Foreign markets
were mostly higher in dollar terms, led
again by technology and other New
Economy stocks.
Income
Long-term Treasury bonds rose after
slumping for more than a year, and yields
dropped. Despite a strong economy,
investors grew confident the Fed would
succeed in Slowing the economy and that
inflation would remain in check. The
3D-year Treasury yield peaked at 6.75%
for the quarter, then declined swiftly and
ended below 5.9%.
Stability
Interest rate increases helped investors in
money marke1 funds, as yields generally
rose.
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short-term rates and high valuations
among market leaders. We expect the
Fed to keep raising rates until economic
growth moderates. Overseas, ma1ir.et
prospects appear generally more
favorable than in the U,S., especially in
Europe and the emerging markets. The
worst of the long decline in bond prices
may have passed, and inflation-adjusted
yields are generous.
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Bond Index Trust
Equity Income Fund
Equity Index TNS\'
Growth Slock Fund
International Stock Fund
Restricted CFC Common Stk
RST-Balaoced
RST-Conservative Growth
RST -Income Plus
Science 8. Technolooy Fund
Small-Cap Value Fund
Unrestric. CFC Common Stk
UST Money Market Trustt
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2.27% 1.68%
- 2.92 1.43
2.28 17.90
8.80 29.54
0.47 33.54
- 25.60 - 49.74
2.09 13.42
1.89 17.78
2.19 8.69
11.57 99.13
3.46 17.03
- 25.60 - 49.74
1.33 4.90
8.02% 09/30/1992
10/31/1985
20.71 '212"'992
04/11/1950
05109/1980
1210211996
11/30/1993
03/15/1994
03123/1994
09/3011987
06/30/1988
1210211996
01104/1993
8.97%
16.06 14.05%
26.68
25.97 18.62
16.07 11.78
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12.28 13.06
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4.66
Performance figures for periods over one year are annualized.
The Equity Index Trust is not a mutual fund. It is a common trust fund established by the T.
Rowe Price Trust Company under Maryland banking law, and its units are exempt from
registration under the Securities Act of , 933. Investments in the trust Bre not deposits or
obligations Of, or guaranteed by, the U.S. government or its agencies or the T. Rowe Price
Trust Company and are subject to investment risks, including possible loss Of principal. The
trust's net returns are based upon the highest annual trustee fee assessed against participating
plans.
i An investment in the fund is not insured or guaranteed by the FDIC or any other government
agency, Afthough the fund seeks to preserve the value of your investment at $1.00 per share.
R is possible to lose money by investing in the fund.
The performance information presented here includes changes in principal value, reinvested
dividends, and capital gain distributions. Past performance cannot guarantee future results.
Certain fl!nds with inception dates after '985 may have been or are currently operating under
expense limitations. Without these limitations, the total return 01 these funds would have bee~
lower. Investment return and principal value will vary, and shares may be worth more or less at
redemption than at original purchase,
Request a prospectus by calling T. Rowe Price. Read it carefully before investing.
T. Rowe Price Investment Services, Inc., distributor, T. Rowe Price mutual funds.
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Michael S. Travis
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
vs.
RONALD C. RICE,
Defendant.
CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under S 3301(c)(I) of the Divorce
Code.
2. Date and manner of service of the complaint: May 27, 2000, Certified u.s. Mail,
Restricted Delivery, Affidavit of Service attached.
3. Date of execution of the affidavit of consent required by S 3301(c) of the Divorce
Code: by plaintiff on September 20, 2000; by defendant on September 20, 2000.
4. Related claims pending: All claims were settled by Marriage Settlement
Agreement dated September 16,2000, incorporated by reference hereto.
5. Date plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the
prothonotary: .Se'P~~trIL 242000.
Date defendant's Waiver of Notice in S 3301(c) Divorce was filed with the
"","000"'>" S__- ".2000. ~
ae S. ravis
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No.~ -J:<'64 a";~f2000
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
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 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 Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
-
~~
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE
,
Plaintiff,
)
)
)
)
)
)
N otJ- J.2.0 'I
o.
of 2000
vs.
RONALD C. RICE,
Defendant.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in 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.
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.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
~""'.u-
No. 6-0. ,j,1..() <f of 2000
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Bertha N. Rice, who resides at 20 Enck Drive, Boiling Springs,
Cumberland County, Pennsylvania, 17007, since November 2,1986.
2. Defendant is Ronald C. Rice, who resides at 20 Enck Drive, Boiling Springs,
Cumberland County, Pennsylvania, 17007, since November 2, 1986.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previons to the filing of this Complaint.
4. The plaintiff and defendant were married on Augnst 8,1964, at Elkton, Maryland.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
-
. '"
9. Neither plaintiff or defendant are in the Military Service in the United States
Armed Services. Neither plaintiff or defendant are within the provisions of the Soldiers' and
Sailors' Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
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. ~ 4904, relating to
unsworn falsification to authorities.
Date: S c2 ";-00
y~~ '-It yO<!~
Bertha N. Rice, ~
Plaintiff
~~~
. el. Travis
Attorney for Plaintiff
J.D. # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
, ,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on May 24,
2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date offiling and service of the Complaint.
3. I consent to the entry of a fmal decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
DATED: ~d.() -()()
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Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER 11330Hc) 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 conceming 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 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. ~ 4904 relating to unsworn
falsification to authorities.
Date: 7-tfJ{J..oO
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Bertha N. Rice, Plai tiff
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BERTHA N. RICE,
Plaintiff,
)
)
)
)
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No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under 9 3301(c) of the Divorce Code was filed on May 24,
2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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. 9 4904 relating to unsworn
falsification to authorities.
DATED: 9-2tJ -00
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER S 3301(c)OF THE DIVORCE CODE
1. I consent to the entry of a fmal 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 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. S 4904 relating to unsworn
falsification to authorities.
Date: Cf--20 -00
C. Rice, Defenda t
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CI) Complete items 3, 4a, and 4b.
l! 0 Print yournarne and adclress on the reverse otthis form $0 that we can return this
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; CI Atta<:!1 :ihis form lathe fron~e~tt'e mailpiece, or on the back if.space does not
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5 [] Write "'Return Receipt Requested' on the mailpiece below the article number.
c [J TIle Return Receipt will show to whom the article, was delivered and the date
o deliveresl.
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7. Date of Delivery
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
vs.
RONALD C. RICE,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. Z 476 963 468, return receipt requested, by depositing the
same in the United States mail on May 24, 2000, pursuant to Rule 1920.4 of the Amendments to
the pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the
green return receipt card attached hereto, the Complaint was received by the Defendant on May
27,2000.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.s. g4904 relating to unsworn
falsification to authorities.
liael S. Travis
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717) 731-9502
,
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JAN 1 8 200~
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
QUALIFIED DOMESTIC RELATIONS ORDER
"'"
AND NOW, this/S day of :1 ~ ,2001, upon consideration of the attached
Stipulation, it is hereby Ordered as follows:
1. Consolidated Freightways, Inc., and Plan Administrator, T. Rowe Price are directed to
award the entire interest in the husband's 401-K Stock and Savings Plan to BerthaN. Rice, as an
Alternate Payee.
2. Information regarding said account is to be directed to Bertha N. Rice, c/o Michael S.
Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011.
3. It is intended that this Order shall qualify as a Qualified Domestic Relations Order
under the Retirement Equity Act of 1984 and any successor acts or amendments. The Court
retains jurisdiction to amend this Order as might be necessary to establish or maintain its status
as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984.
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CUMBERLAND COUN1Y
PENNSYLVANIA
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
Plaintiff,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
vs.
RONALD C. RICE,
Defendant.
STIPULATION FOR ENTRY OF A
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this ~ary of September, 2000, comes the parties and enter into the
following stipulation:
1. Plaintiff is Bertha N. Rice, Social Security No. 203-32-6859, an adult individual
residing at 20 Enck Drive, Boiling Springs, Penna, 17007.
2. Defendant is Ronald C. Rice, Social Security No. 165-32-2499, an adult individual
residing at 20 Enck Drive, Boiling Springs, Penna, 17007.
3. Pursuant to an action in divorce, the parties have entered into an Agreement to resolve
the outstanding issues related to their marriage and divorce. A copy of that Agreement is
attached hereto and is made a part of this Stipulation and is marked as Exhibit "A."
4. The defendant, Ronald C. Rice is employed at Interactive Logistics of Hag erst own,
Maryland.
5. The defendant, Ronald C. Rice has a 401-K, Stock and Savings Plan from his prior
employer, Consolidated Freightways Corp., administered by T. Rowe Price, P.O. Box 17215,
Baltimore, MD 21297-1215.
6. PUIsuant to the Agreement reached by the parties, Defendant's entire interest in the
account, No. 165-32-2499, shall become property of Bertha N. Rice, Alternate Payee;
information regarding the account to be sent care of her attorney, Michael S. Travis, 4076 Market
Street, Suite 209, Camp Hill, PA 17011.
7. The parties hereby agree to sign any forms or documents required to implement this
Stipulation.
AND NOW, intending to be legally bound, the parties enter their hands and seals as
follows:
WlNTESSETH:
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t~"1l.'1V~' 0 ;) (SEAL)
rtha N. Rice, Plainttff
(SEAL)
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~GESETTLEMENTAGREEMENT
TIllS AGREEMENT made this Jiaday of ~..-t;, 2000, by and between Ronald C.
Rice, (hereinafter referred to as "Husband,") and B~. Rice, (hereinafter referred to as
"Wife"). -
WITNESSETH:
...'.. ~
WHEREAS, the Husband and Wife were lawfully married on August 8, 1964; and
WHEREAS, Husband and Wife are the natural parents of one adult child, Tyler Rice,
born April 17, 1972;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and detennine their rights and
obligations; and
NOW. THEREFORE, the parties intending to be legally bound hereby do covenant and
agree as follows;
1. DEFI1IllTIONS
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(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be defmed as the date of execution by the parties if they
each have executed the Agreement on the same date. Othern-ise, the "date of execution" or
"execution date" of this Agreement shall be defmed as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be defmed as fourteen
days following the entry of a fmal decree in divorce ~d the fil~g ~f~aivers of Appeals ~ eaf~
party. If the fourteenth day falls on a weekend or holiday, the dlstnbutlOn date shall be ~ex.t'
business date. ;:;,+; :~
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2. ADVICE OF COUNSEL
" The-parties have had an opportunity to review the provisions of this Agree~n(" . .
with $J:lir respective. counsel. Husband and Wife acknowledge that this Agreement is not the
result of any duress or undue infll.lence and that it is not the result of any collusion or improper or
illegal agreement or agreements. The parties further acknowledge that they have each made to
the other a full accounting of their respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereQf for the purpose of this Agreement. Each party
agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such
disclosure in any legal proceeding invol~g tJlls Agreement with the exception of disclosure that
may have been fraudulently wiilil!~d... . .
3: SEPARATION
It shall be lav,ful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the la\\fulness or unIav,fulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
fully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of the agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the other.
5. DIVISION OF PERSONAL PROPERTY
Husband shall retain the following accounts:
Checking account No. '1-"'.2 96:1 1/13
Savings Bonds No(s).
Four (4) Certificates of deposit:
$ 5,127.00
$50,000.00 Mature on
Nos.
$ 5,620.00
$ 5,110.00
$ 5,251.00
$ 5,096.00
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In exchange for the above, and mutual agreements contained throughout this agreement,
Husband shall pay to Wife the sum of Eighty Thousand Dollars ($80,000.00) cash, and his
interest in his stock and savings plan with Consolidated Freightways Corp, with an approximate
balance of $1 03,000.00, managed by T. Rowe Price, P.O. Box 17215, Baltimore, MD 21297-
1215, account No. 165-32-2499.
Total amount cash payable to Wife within sixty (30) days of the Execution
of this Agreement: $ 80,000.00
Transfer of the interest in the T Rowe Price shall be accomplished by
Qualified Domestic Relations Order as soon as practicable upon execution
of this Agreement.
The parties further agree that they have agreed to divide their personal property according
to the attached list, marked as "Exhibit A." Neither party will make any claim to any items
which are now in the possession or under the control of the other, following distribution
according to Exhibit A.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Wife shall receive spousal support in the amount of $800.00 per month pending
entry of the divorce decree. Thereafter, wife shall be entitled to alimony pursuant to Paragraph 7.
Each party agrees to relinquish any right to further Support/and Alimony Pendente Lite.
CHILD SUPPORT
There are no minor children of the parties. There is no payment of child support
under this agreement.
7. ALIMONY
(a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23
Pa.C.S.A. S 3701, commencing on the distribution date of this Agreement, Husband shall pay to
Wife as alimony the sum of Eight-Hundred Dollars ($800.00) per month, payable on the 15th
day of each month which shall terminate only under the provisions of paragraph (b). The first
payment shall be due on the 15th day of the month following the distribution date of this
agreement, 2000.
(b) Notwithstanding the provisions of the above paragraph, the alimony payments
provided for in this paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii)
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Wife's cohabitation pursuant to 23 Pa.C.S.A. g3706; (iii) Wife's death; or (iv) Husband's death.
(c) Wife and Husband represent and acknowledge that they each have sufficient
property for her or his reasonable needs and are able to support herself or himself through
appropriate employment.
(d) Wife does hereby acknowledge that the current rate of inflation may change;
that Husband's income and assets may substantially increase in value; that she is not presently
fully employed; that her health may deteriorate and she may not be employed at various times in
the future; that Husband may receive substantial inheritance in the future; and that
notwithstanding these or other economic circumstances which may be a change in
circumstances of a substantial and continuing nature, the payments for her support and
maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her
with sufficient financial resources to maintain and support herself in accordance with the
standard of living to which she is accustomed. Notwithstanding anything to the contrary in the
Divorce Code, Wife does expressly waive, discharge and release any and aU rights and claims
which she may have now or hereafter by reason of the parties' marriage to additional alimony,
alimony pendente lite, support and/or maintenance or any other benefits resulting from the
parties' status as husband and wife, and further waives, discharges and releases any right which
she may hereafter have to seek modification of the terms of this Agreement in a court of law or
equity, it being understood that the foregoing constitutes a final determination for all time of
Husband's obligation to Wife's support artd maintenance.
(e) Husband does hereby acknowledge that the current rate of inflation may
change; that his earning power may decrease, or his health may deteriorate; that Wife's income
and assets may substantially increase in value; that she may be employed at various times in the
future; and that notwithstanding these or other economic circumstances which may be a change
in circumstances of a substantial and continuing nature, the payments for Wife's support and
maintenance which are required under this paragraph are fair, just and reasonable. Therefore,
except as set forth in this Agreement, Husband does hereby expressly waive, discharge and
release any and all rights and claims which he may have now or hereafter by reason of the parties'
marriage, to alimony, alimony pendente lite, support and/or maintenance or any other benefits
resulting from the parties status as wife and husband, and further waives, discharges and releases
any and aU rights which he may now or hereafter have to seek modification of the terms of this
Paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a fmal
determination for aU time of Husband's obligation to contribute to Wife's support and
maintenance.
(f) Notwithstanding anything contained in this Agreement to the contrary, if a
fmal decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby
forfeits those payments which she is to receive under this Paragraph and Husband's obligation to
make such payments shaU cease.
(g) Notwithstanding anything contained in this Agreemeqt.to the contrary, if a
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f"mal dec~ee of divorce has not beenaward~d Ii:. eith~r Wife or H\1sband within three months of
the date of execution of this Agreement due to the action or inaction of Husband, Husband
hereby forfeits those payments which he has paid.
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S '.LIFE INSuRANCE
Husband shall maintain Wife as the sole beneficiary of his Life Insurance Policy
with Baltimore Life, No.o J J ;;-','1 DO "'XIJ "'t in the amount of Two.Hundred Thousand
Dollars ($200,000.00). The cash surrender value of the policy shall be property of Husband, but
shall become property of Wife should the policy not be-paid, in which case Wife shall receive
such portion of the polic)/;.tQpay-the dcathbenefit portion of the policy. Should Wife predecease
Husband, Husband may remove Wife or her estate as beneficiary of the policy.
Said in~~r~~ce policy shall contain the following terms:
(a) The policy shall be automatically renewable;
. (b) The policy shall not be cancelable on account of, and renewal shall not be
c9ntingent upon, Husband's health;
(c) Wife shall be the irrevocable, sole primary beneficiary;
. .. .. '(d) Wife shall receive a copy of the policy and all renewals, and of any and all
notices of premium due and of default; and
(e) The policy shall not be cancelable on account of, and renewal shall not be
contingent upon, Husband's employment or lack thereof.
In the event of a default in payment by Husband of any amount due on account of any
policy of insurance required to be maintained by virtue of this Paragraph 8, such payment may be
paid by Wife, who shall be reimbursed by Husband for the full amount of such payments, plus
any interest, penalties and costs, and reasonable legal fees incurred by Wife in securing
repayment.
Husband shall not, without Wife's prior written consent, cancel, borrow against, or in any
manner pledge or encumber any of the policies of insurance required to be maintained by virtue
of this Paragraph 8.
Wife shall maintain Husband as the sole beneficiary of her $25,000.00 travel and accident
policy No./1}(3rYfr/OD/ '//5'B3 in the amount of One-Million Dollars ($1,000,000.00).
9. AUTOMOBILES
(a) The parties are the owners of three automobiles, a 1991 Chevrolet Corsica, a
1993 Oldsmobile Van, and a 2000 Ford Aerostar Van. The Ford Aerostar Van is encumbered by
a purchase money loan. Wife shall have sole and exclusive possession of the Ford Aerostar Van.
Husband shall have sole and exclusive possession of the Chevrolet Corsica and Oldsmobile Van.
(b) Wife shall assume and hold Husband harmless for the purchase money loan on
the Ford Aerostar Van.
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Should any action be required to transfer title or other document of ownership, the
parties will take steps to transfer and reflect ownership as soon as possible after the distribution
date.
( C) Both parties agree to assume all responsibility and hold each other harmless
for any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be borne equally by the parties.
10. DMSION OF REAL PROPERTY
(a) Premises. Wife and Husband hold title as tenants in the entireties to the
premises identified as 20 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania,
17007. (The Marital Residence). The parties agree as follows with respect to the Marital
Residence:
From the date of the execution of this Agreement, Husband shall be solely
responsible for all past, present and future costs, expenses or liabilities attributable and/or
resulting from Husband's and/or Wife's interests in the Marital Premises, and/or by reason of
Wife's former ownership thereof. There is no mortgage on the property. The property is
believed to be worth approximately $160,000.00.
Husband agrees to pay Wife Eighty-Thousand Dollars ($80,000.00) as equity in
the marital residence. Upon payment of the sums discussed in paragraph 5, Wife shall deliver to
Husband, at an expense to be shared equally, a quitclaim deed conveying all of her right and title
of the Marital Premises to Husband.
11. PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension, IRA and/or retirement
accounts. Wife shall receive the entire account balance in Husband's Consolidated Freightways
Corp. Stock and Savings Plan by Qualified Domestic Relations Order, as discussed in Paragraph
5. Wife relinquishes any other rights, title, and interest she may have in all other existing and
future retirement assets or benefits of Husband's pension or retirement plans. Husband
relinquishes any and all rights, title. and interest he may have in all existing or future retirement
assets or benefits of Wife's pension or retirement, 401K or other account.
The Stock and Savings Plan with Consolidated Freightways Corp., bears the
account No. 165-32-2499. A copy of his most recent statement is attached and made part of this
agreement as Exhibit B. The current balance of Husband's Stock and Savings Plan and ESOP is
$103,000.00.
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12. MEDICAL INSURANCE
Husband shall provide, at his expense, a policy of medical, dental and eyecare
insurance comparable to that which Wife currently receives through Husband's employer,
Interactive Logistics. Coverage shall continue as long as Wife receives alimony under Paragraph
7.
Wife shall not be required to provide any policy of medical insurance for
Husband.
13. MARITAL DEBTS
(a) Both parties will continue to be responsible for all individual obligations
incurred during the marriage. Each party shall be responsible and hold the other harmless for
debts incurred solely in their name. Neither party is aware of any obligation currently in their
name.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
(c) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement.
14. FILING OF IRS RETURNITAXES
Husband and Wife agree to file separate tax returns for the tax year in which the
Decree in Divorce is entered.
15. DIVORCE
The parties agree to cooperate with each other in obtaining a fmal divorce of the
marriage. It is agreed that the parties will execute and allow to be filed the necessary documents
to obtain a divorce under Section 3301(c) of the Divorce Code.
16. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into.
17. INCORPORATION
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This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
18. CONTINUED COOPERATION
The parties agree that they will, after the execution of this Agreement, execute any
and all written instruments, assignments, releases, deeds or notes or other such writings as may
be necessary or desirable for the proper effectuation of this Agreement.
19. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
20. BREACH
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment ofIegal fees and costs incurred by the other in
enforcing their rights under this Agreement or for seeking such other remedies or relief as may be
available to him or her.
21. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that the Agreement is fair and equitable; that it is being entered into
voluntarily; and that it is not the result of any duress or undue influence.
22. WAIVE~ OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right
to take against the will of the other and the right to act as administrator or executor of the other's
estate.
23. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns.
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24. MODlFICA TION AND WAIVER
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Any modification or waiver of any of the provisians of this Agreement shall be
effectivepnly if made in writiilg and executed with the same formailties as this Agreement. The
failure of either party to insist upon strict performance of any of the pro~sions of this Agreement
shait~t oe coirstrueda5 a waiver of any subsequent default of the same or similar nature.
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25. PRIOR AGREEMENTS
It is understood and agreed that any and aU prior agreements which may have been
made or executed or verbally discussed prior to the date and time of this Agreement are null and
void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
27. DESCIUPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
IN \V1TNESS WHEREOF, the parties set their hands and seals the day and the
year first written above.
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Bertha N. Rice, Wife \-
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Commonwealth of Pennsylvania:
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County of CuMhu I~
PEiSo~AbL YAPPEARED BEFORE ME, this Lb. day ofSt7 pJ ,2000, a
notary public, in and for the Commonwealth of Pennsylvania, Ronald C. Rice, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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NOTARIAL SEAL
DAWN M. SHUGHART, Nolary Public
Car!isle, Cumberland County
My Commission Expirgs Nov. 28, 2002
Notary Public
Commonwealth of Pennsylvania:
County of CuM.~rfllUi ;
ss:
PERSONALLY APPEARED BEFORE ME, this lf2day of CjJ ?( , 2000, a
notary public, in and for the Commonwealth of Pennsylvania, Bertha C. Rice, knov.n to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein contained.
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NOTARIAL SEAL
DAWN M. SHUGHART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov. 28, 2002
Notary Public
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CONSOLIDATED FREIGHTW A YS CORP.
STOCK & SAVINGS PLAN
Retirement Plan Account Statement
January 13, 2000 . April 6, 2000
cia T. Rowe Price. P.O. Box 17275, Baltimore, MD 21297-1215
RONALD RICE
20 ENCK DR
BOiliNG SPRINGS PA 17007
Social Security Number 165.32.2499
Ouestions abOU1 your account?
Call T. Rowe Price at 1-800'922-9945.
Please review your Slatemen! and repon any errors
to T. Rowe Price within 60 days.
To change your name or address, please: Contact your
Plan Administrator.
r.~~7~:~~:~~~~;r~~:rs:~~~;~:!:ifi~~U;~i~~~i~IQili~t~i~1i~t~~i~~f~~i[iBili1~i0tj~~ilif~i~tl~jtfi~tt~~~j\!i,:t~~;;;::~ii~~1~i~~~i~;
Bumping Into a bear ma"'et- a period of falling share prlces.- can.tie.iiin,o.t.s
8C~ry 8S stumbling _cross a reaf, fh:~ bear. To ream more about how to handle
this 'hairy' .nuatlon, read the article Inserted In your .tatement.
.~IYff$t\it~I~$~;.:~;~~~~_ff_'
Beginning Balance: $102,707.48
Chanae This Period: $7.464.04
Ending Balance: $f10,171.52
l.ililll.'J}II~~ft.f.f~{i0IJ[f~~ti;
Stability Funds
UST Money Market Trust
Income FundS
Bond Index Trust
Growth Fund.
International Stock Fund
Science & Technology Fund
Unrestric. CFC Comlllon Stk
TOlal Balance
$21,662.06
$21,949.92
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Beainnina Balance S102,707.4a
21,949.920 Dividend $287.86
Market Fluctuation. $7,176.18
401.172 Ending Balance S110,171.52
$6,049.67
$6,274.32
$18,861.74
$52,215.11
$870.43
$110.171.52
1.012.983
925.958
151.379
$18,608.50
$55,251.91
$1,135.34
S102,707.48
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Income Funds. 5.70%
Growth Funds. 74.38%
Stability Funds. 19.92%
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= Bond Index Trust $6,049.67 $0.00 $0.00 $0.00 S224.65 $6.274.32
_ International SIeck Fund $18,608.50 SO.OO $0.00 $0.00 5253.24 $18.861.74
::::::: Science 8 Technology Fund $55,251.91 $0.00 50.00 50.00 56,953.20 $62.215.11
Unrestric. CFC Common Stk $1,135.34 $0.00 50.00 $0.00 $264.91' 5870.43
~ UST Money Market Trust $21,662.06 $0.00. $0.00 5287.86 50.00 $21.949.92
~ Totol $102,707.48 $0.00 SO.OD S287.86 $7,176.18 $110,171.52
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RONALD RICE 165.32-2499
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CFC Contributions
CSF ESOP
EmDlovee Contributions
ESOPIT,asop
Total
PAGE 2
JANUARY 13. 2000 ~ APRIL 6. 2000
$15,819.37
$6,244.33
$79.275.61
$1,358.17
$102,707.48
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SO.OO
$203.54
$59.36
$0.76
$14.21
S287.85
$191.08.
$2.39
$7 ,376.71
$11.84-
$7,175.18
$15,831.83
$6,315.07
$86,66M8
$1.370.54
$110,171.52
....,...............
Bond Index Trust
EQuitY Income Fund
EQuitY Index Trust
Growth Stocl< Fund
International Stock Fund
Restricted CFC Common Slk
RST -Balanced
$15.540
$23.650
$39.500
$35.540
$18.620 $15.790
$5.750
$22.990
.RST -COnservative Growth
. RST-Income Plus
Science & Technology Fund
Small-cBD Value Fund
Unrestric. CFC Common Slk
Unrestric. CNF Common Slk
UST MDnev MarI<et Trust
Total Allocation
$46.820
$6.990
$1.000 70.0%
100.0%
jJ~lil.bt%tj;;::~M:;:;j~~~lf~!~f: tidE..:
CFC Contribulions
CSF ESOP
Employee Contributions
ESOPIT'asoD
Total Vestecl Balance
100.00%
100.00%
100.00%
100.00%
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$16,831.83
$5,316.07
$86,653.08
$1.370.54
$110,171.52
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Year..to--Oate
CFC Contributions
CSF ESOP
EmDlovee Contributions
ESOPIT,asoD
Total Year.to-Oate
$0.00 $203.54
$0.00 $69.35
$0.00 $0.76
$0.00 $14.21
$0.00 $287.86
$0.00 $2,898.40
$0.00 $518.75
$0.00 $12,583.88
$0.00 $208.21
$0.00 $16,209.24
$0.00
$0.00
$0.00
$0.00
$0.00
Inception..to-Date
CFC Contributions
CSF ESOP
EmDlovee Contributions
ESOPIT,asop
TotBllnception.to-Oale
$278.93
$0.00
$707.00
$0.00
$985.93
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~ . Market Fluctuation represents the change in valuation of each fund resulting from the combined impact of activity in your account and cha.nges
_ in the net asset value throughout the statement period.
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Stocks Mixed, Bonds Aise In First
Ouaner
Technology stocks and small-cap growth
stocks surged, while most blue chips
struggled earfy belore ra/lying in March.
The Federal Reserve raised interest rates
twice. International stocks rose modestly.
High-quality domestic bonds provided
modest lOtaI returns.
Growth
Despite high volatility and a steep sell-off
near Quarte~s end, technology stoCks
added ID last year's record-setting gains.
Small-cap and mid-cap indices also added
10 \heir 1999 records, but the Aussell
2000 closed well below its Quarts'" high.
A shill Ioward high- qualily '0'_.
stocks helped the Standard & Poor's 500
Stoci< Index gain 2% during the quarter.
The Dow Jones Industrial Average ended
the quarter down 5%. Value stocks
remained generally weak, dsspne e
recovetl)' in mid. to late March. financial
services stocks revived as investors
contemplated an eventual end to the
Fed's tightening program. Foreign markets
were rnostIy higher in dollar lenno, led
again by technology and other New
Economy stocks.
Income
Long-te"" Treasury bonds rose a~er
slumping for more than a year. and yields
dropped. Despite a strong economy,
investors grew confident the Fed would
succeed in slowing the economy and that
inflation would remain in check. The
30'year Treasury yield peaked at 6.75%
tcr the quarter, then declined swi1lIy and
ended below 5.9%.
Stability
Interest rate increases helped investors in
money market londs, as yields generally
rose.
Outlook
Stocks lace challenges from rising
short-lenn rates and high valuations
among market leaders. We expect the
Fed to keep raising rates until economic
growth moderates. Overseas, market
prospects appear generally more
favorable than in the U.S., especially in
Europe and the emerging markets. The
worst Of the long decline in bond prices
may have passed, and inflation.adjusted
yieldS are generous.
l-.o()4&85
"
.
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r;t~.i..ll~i~~r'l\l;.~I!~tl!ijiMtiiWllllil"hIBB.l!ii~:
Bond Index Trust 2.27% 1.68% 6.97% 6.02% 09130/1992
EQUity Income Fund - 2.92 1.43 16.06 14.05% 10131/1985
Equity Index Trust" 2.26 ,7.90 26.68 20.71 '21211,992
Growth Stocl< Fund 8.60 29.54 25.97 18.62 04/11/1950
Intemationa'Stock Fund 0.47 33.54 16.07 1t.78 05109/1980
Restricted CFC Common StI< - 25.60 - 49.74 -7.85 12102/1996
RST-Balanced 2.09 t3.42 16.71 14.10 11130/1993
RST~onServatNe GroWth 1.89 17.78,. 19..39':. '!'-t.._ .. 16.83 03"5/'994
RST-Income Plus 2.19 8.69'~- 14.05 12.63 03/23/1994
Science & Technoloav Fund 11.57 99.13 39.45 31.01 09130/1987
Sma/I-Cap Value Fund 3.46 17.03 12.26 13.06 06130/1988
Unrestric. CFC Common StI< . 25.60 .49.74 - 7.85 1210211996
UST Money Market Trustt 1.33 4.90 5.13 4.66 01104/1993
Performance figures for periods over one year are annualized.
The EQUity Index Trust is not a mutuallund. It is a common trust fund established by the T.
Rowe Price Trust Company under Maryland banking law, and its units are exempt from
registraijon under the Securities Act of 1933. Investments in the trust are not deposits or
obligaijons of, or guaranteed by, the U.S. government or its agencies or the T. Rowe Price
Trust Company and are subject to investment risks, including possible loss of principal. The
trust's net retums are based upon the highest annual trustee fee assessed against participating
plans.
t An investment in the fund is not insured or guaranteed by the FDIC or any other govemment
agency. Although the fund seeks to preserve the value of your investment at $1.00 per share,
It is possible to lose money by investing in the fund.
The performance information presented here includes changes in principal value, reinvested
dividends, and capital gain distributions. Past perlonnance cannot guarantee luture results.
Certain I~nds with inception dates alter 1985 may have been or are currently operating under
expense limitations. Without these limitations, the total return of these lunds would have been
lower. Investment return and principal value will vary, and shares may be worth more or less at
redemption than at original purchase.
Request a prospectus by calling T. Rowe Price. Read It carefully before investing.
T. Rowe Price Investment Services, Inc., distributor, T. Rowe Price mutual funds.
'.: ""c
..' ";, 'J "'~<<i, c"" ,." '".'-", ,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BERTHA N. RICE,
)
)
)
)
)
)
No. 00-3204
CIVIL TERM
IN DIVORCE
Plaintiff,
vs.
RONALD C. RICE,
Defendant.
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
Bertha N. Rice
5303 E. Twain #15
Las Vegas, NV 89122
Ronald C. Rice
20 EnckDrive
Boiling Springs, P A 17007
Dated: /- IS-:- CJ I
r
c ael S. Travis
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Plaintiff/Wife