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Home My WebLink About97-03478 KYM L. SHREINER, Plaintif f IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SCOTT C. SIIREINER Defendant 97 - 3478 CIVIL TERM IN DIVORCE 1!~1\.E:'<::]:.I'.E:_'r.o_'r.RMi.l,l1!l.T-'tECO RD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: l. Grounds for Di vorce: Irretrievable breakdown under Section 330l (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: .4CCi."C-el"Ci ",. S",,,,,i..~ "'1 (i,.,,,,s...1 0'1 J-/~ 3, 'j"i~1'7. 3. complete either paragraph (a) or (b). ~ (a) Date of execution of affidavit of consent required by Section 330l (C) of the pennsylvania Divorce Code: by Plaintiff on November 10, 1999 and by Defendant on November lO, 1999. (b) (1) Date of execution of the affidavit required by Section 330l (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit up~n the respondent: Not ap~licabl~. 4. Related claims pending: None. All resolved by Agreement on November lO, 1999 before the Divorce Master. 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: _._. NoJ~_..<!pplicable was filed b ~i~~t~h:l:;~~~;~~~a:;:~0)./ qqt~c~ in se~~~of9~~~l (C) Date Defendant's Waiver of Notice in s.ec.:7Z.'on. 330l. (C) Divorce was filed with the prothonotarY...IIJI.OI.,-,,~,q ,., 1999 IlvL' (l ~l,,-~~ Andrew C. Sheely, ~ire Attorney for Defendant ~ .JJ ~ t 0 1t v ,- VI R. !..; I.', i 1 , G5 III ~ .1 :.; 0 0 ~ f..- e In (""( tl".' . II .'.- ... 0 - C-- '~ C'.:-- l.D \fl I' (<) L" ". ()o (j (1S -.. ~-. .- - ti) i" .. . rn ~ .. .J 1+ , - : ;jr ~ I r- .-', <) ...J (...~ 0 "'<I: ~ ~~~S OH Z Z < lii-":'; Ul<l: ..l ti~~~ <1::> Vl ~-'~::. w..:; ~ ":;>012 ::t:=r--r-- X-- "'Ul .... zw ~ 0.-- ~ " " ZZE-< olI N ;E = 0'" U .. ~ '" ::'l E-< '" '"' Z Ul o ':> H U '"' U>OH <I: [f ;;I E-<U . '" ..:; == "'Z '" '" '" 0 0:> ",.... Z :>: ~ Vl 0 z.... H+J 0 0 E-<u '" <: u '" H .... '" '" ..l ::J C1 '" "'+J :>:'0 ~ '" c: OZ U :>: '... Ul c: .... ~~~~ U<I: '" ", '" III ;;I ..:; 0 .... ..... ~ Vi~~~ "'''' :> .", :> U III .c-.....f"'I :>:'" H ..:; E-<" tIi .~~ ~ ~ E-< '" C X ~- :>: I :>: E-< .... _ u r- r-- Z:>r- Z 0 ~ n--- >0 ;t:~Ct:.. HUm H :<: U .... ~ .. " Ul < ~u;E~ Vl . . KYM L. SHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97- ~'-I18 CIVIL TERM SCOTT C. SHREINER, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, 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. 26 W. High Slreel C:ulisle.JlA Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ) :'1t:/ Robert C. Saidis, Esq. Attorney for Plaintiff SAIDIS, GUIDO, snUFF & MASLAND COUNT II EQUITABLE DISTRIBUTION 8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. submitted, // , Robert" C. Saidis, Esq. Attorney for Plaintiff KYM L. SHREINER, Plaintif f v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION . LAW SCOTT C. SHREINER. Defendant 97,3478 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF THE DIVORCE CODE 1.' A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on lv~E";;7 /qa,~. , 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5 I 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. . DATED: M./ /t7/ /~q. q -CifJ.nl.d rjJhu,uu?. '- ("> ir: If; i--': ,: , , , I.' s:~ "- , C): , , , [_\, u,' u..:.' _. J '-- . L ,.... ~.:-j u en U '{,\, 1'',-[11''''/'1'.., ,"~ (", . ,Ii .,1\; ." , I )' 1"1" ( r I ., I , ' CIVIL ACTION - LAW , fl' \.'. IN TIlE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA f"I"l'(}' ./. , vs. I' /i, \, , ,\ f ' 4 ).' , 't,,' 'I ,.. - , '. i i': 1), .. '- 1 ' NO. .l'I , 11. ;~ 'I I.- ' '. IJ. _14"" t I .... i /I CIVIL 19 IN DIVORCE ~ "', ",,' f'.. . ,-1./'1' ,\'\. L ~ ~~. . \-, , . STATUS SHEET DATE: (.. 1< ,,', t ..\1 ,'"I'! ACTIVITIES: 'I. "\ \ {' (~': ; T ',\.. q . ~j \'1 :.~ .. . ,'~ . "- '-, I , ., I... / c t, ('/(/ . ..;. ~ I ;. .... t ' , .. i . 6-fl.0' C~\"U.C~-'Lt._"- f, . '~., I" ".."".." "',,1 f l"w.',I; I IZ .. '),u.,..!.lU ,lu,IJ(., .{(trl"!..k-v' ,,>-It. i ," i /, _,,1M- "../.1 Itll , f/Jld,.lh..u,'-L ',~"''''i!..//~./ "I!~" 11~'lt..t'''llil'''l ~"-~ I' \('"t.(~l / . , 1./ 10' I .,' -!. , .. L, I u( ,1 /. ..-~. '-1, . ('- f ~ I, I., 1,.1 f~t,'.-" II} 'I /O......J t, ,- : J 41' 'j I r; ! ! !, "\ rt / ,. I,. ~~ {L/'i(/I\V' oJ'"' ,/'\\ --l.cltt{J II '1"4~" 'C..' rl..~(/)~,. I f..I ,r("",1IJ,. l'<IIlL,:r-' I '/. I I ' , ( I . 1. . . 4 ~. ' '.. l' '-i,l (' r (I ',1'4. ";."':"',: I .f".".11'...'....~..~J...- ,- .: '{," .- ,I ' .,'(" ,_~'. (,...., (( rl." 'I .'l. I' . '....."...-l.. "...(4.J<" I !..( ,c. Al(J b , I { (, ) ,"'1,', ,..t_! .,,-1""_"'1 '[;:.t.; I , < -II I,,'! 1 '.'~:.'4...- . ).t,JJ." ." .,(,-~) .....';" i'" ." }" ,(' " '. - ~ t, I' ( 0/'/ 'f (11( --, OFFIce OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240'6535 E. Robert Elicker, II Divorce Master Tracl Jo Colyer Office Manager/Reporter West Shore 697.0371 Exl. 6535 May 15, 1999 Robert C. Saidis, Esquire SAIDS, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 Andrew C. Sheely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 RE: Kym L. Shreiner vs. Scott c. Shreiner No. 97 - 3478 civil In Divorce Dear Mr. Saidis and Mr. Sheely: By order of Court of President Judge George E. Hoffer dated May 10, 1999, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on June 27, 1997, ra1s1ng grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised the claim of equitable distribution. On March 30, 1999, the Defendant filed an answer and counterclaim raising the claim of equitable distribution on behalf of the Defendant as well as the additional claims of alimony, alimony pendente lite, and counsel fees and expenses. I am going to proceed on the assumption that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. Based on that assumption, I am directing each counsel to file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Monday, June 14, 1999. Upon receipt of the pre-trial statements, I will immediately schedule Mr. Saidis and Mr. Sheely, Attorneys at Law 15 May 1999 Paqe 2 a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. ANDREW C, SIIEELY "'ITORNEY AT LA\\' Tl.lq,lh'lll': (i (',') otfl :dl:ill I.!"l ::,'ulh ~l.uL'd :-=lrn't P.\'.ll.,x If, .~h.~.I',llli,.:tI'\II~. 1\'IIIl.!ll).k,lIli'l l'/II:"i:; Fu: (i ri i III Ii" :illo5 November 17, 1999 VIA HAND DELIVERY E. Robert Elicker, II, Esquire c/o Tracy J, Colyer, Official Court Reporter Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Shreiner v, Shreiner 97- 3478 Stipulation and Agreement Dear Tracy: I would agree with the suggestions for modification as submitted by Attorney Saidis, In addition, I would note that "accomplish" in paragraph 3 should be "accomplished", In addition, we believe that "Granite ware" in paragraph 6 is one word and should be changed to "Graniteware", I am enclosing the signed agreement with this letter and would request that the modifications as outlined above be added to the revised agreement. I would appreciate if a copy could be available to me once it is changed and signed by both parties, You can add the enclosed signature page to the modified agreement. If you have any questions or need clarification on any issue. please call. Very truly yours, t~ ANDRE'-'l, SHEELY ACS/awm Enclosures Robert C Saidis, Esquire Scott Shreiner '* OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle, PA 17013 (717) 240'6535 E. Robert Elicker, II Divorce Master Tracl .10 Colver Ollice Manager/Reporter West Shore 697.0371 Ex!. 6535 November la, 1999 Robert C. Saidis, Esquire SAIDIS, SHUFF & MASLAND 26 West High Street Carlisle, PA l7013 Andrew C. Sheely, Esquire P.O, Box 95 Mechanicsburg, PA l7055 RE: Kym L. Shreiner vs. Scott C. Shreiner No. 97 - 3478 Civil In Divorce Dear Mr. Saidis and Mr. Sheely: Enclosed is a draft of the agreement which you put on the record on November la, 1999. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, 1-:. I\obprt Elicker, II Divnrcp Nil:iter expenses. The parties were married on September l8, 1982, and separated May 19, 1997. this marriage. They are no children of The Master has been advised that after negotiations this morning the parties and counsel have reached an agreement with respect to the outstanding economic claims. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel will be provided a draft of the agreement after it has been transcribed to make any correction of typographical errors and after corrections are made, the parties will be requested to sign the agreement by way of affirmation of the terms of settlement as stated on the record. However, if no signatures are affixed, the agreement will still be considered the substantive agreement of the parties with respect to the resolution of the economic claims and the Master will present the agreement to the Court with an order vacating his appointment so the di vorce can be concl uded. The :iiqnuturc of the parties, Clfter review of 4. There was a Galaxy fund at the time of the separation which the parties distributed equally between them after paying joint debts. The Galaxy fund had approximately $21,000.00 in it and they are ratifying and confirming that distribution. 5. In addition there are several shares of IBM stock. There are ll6 shares of IBM stock titled in wife's name alone and 166.88 shares of IBM stock titled in the names of husband and wife jointly and that was as of the date of separation. The parties agree that within thirty (30) days of this date they will produce the necessary stock certificates and cooperate to transfer 50Z of the stock to husband and 50~ of the stock to wife. If there have been any subsequent splits or other changes in the number of ownership of the stock since separation, those will be taken into consideration in determining the equal distribution of the IBM stock. 6. Each party will retain the personal property which they have in their possession including furniture, fixtures, jewelry, and the like, except that wife shall return to husband the Granite ware and the Mickey Mouse train within thirty (30) days. 7. Neither party shall pay to the other alimony, alimony pendente lite, spousal amount, or any other amount for the other party's support and maintenance. The last payment would be the pay@ent made by wife for October of 1999 which was made at the end of October, Counsel for husband and wife both agree that they will advise the support office as soon as possible that the spousal support which wife has currently paid has been terminated, 8. Each party waives any right, title, or interest to counsel fees in this matter. 9. Except as herein otherwise provided, each party may dispose of his or her property in any I~ay 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or execulor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to curry into effect this mutual waiver and . relinquishment of all such interest, rights, and claims. 10. The parties further agree that in the event either has to file a petition for specific performance or special relief, or otherwise to implement the terms of this agreement, and that party prevails, the prevailing party shall be entitled to reasonable counsel fees with regard to that matter. MR. SHEELY: Mr. Shreiner, have you been present throughout the terms of this agreement? MR. SHREINER: Yes, I have. MR. SHEELY: Do you have any questions about the terms of the agreement? MR. SHREINER: No. MR. SHEELY: Do you fully understand all of the terms and conditions of the agreement as stipulated between the parties? MR. SHREINER: Yes MR. SHEELY: And is it your desire to enter into this agreement? MR. SHREINER: Yes. MR. SAlOIS: Mrs. Shreiner, did we have an opportunity to discuss this matter before we came in here this morning? MRS. SHREINER: Yes. MR. SAlOIS: Have you been present while I dictated the terms of tile agreement? MRS. SHREIN~R: Yes. situation. You cannot immediately offset apples and oranges, The time value of money and tax consequences must be taken into consideration. The award of the marital residence to Mr. Shreiner has no tax consequences. If he chooses to sell the costs associated with the sale are readily identifiable including a transfer tax of 1% and a realtor's commission, The same is true if Mrs. Shreiner receives the TDSP and chooses to reduce that to present value. The tax ramifications reduce the asset to $63,410,00, This is accomplished as follows: (A) Federal tax State tax Local tax Penalty Total deductions $63,174.00 $ 4,111,00 $ 1,468,00 $14,685,00 $83,438.00 Subtracting this from the value of $146,848.00 leaves $63,410.00. Substantially less than the marital real estate. All fairness requires that the immediate offset not be used, The appropriate solution is that the house be sold and the proceeds distributed equally between the parties and that the TDSP be split between the parties 50% to husband and 50% to wife. This places the potential ramifications equally on both parties. Not solely on wife. In Diamond v. Diamond. the Court stated "it is necessary in distributing assets of marriage to take into account the impact of the tax laws," 519 A,2d 1012, 1018 (Pa. Super, 1987). Moreover, the COllrt stated "the husband correctly asserts that potential tax burdens should be considered in order to make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience". The court found the trial court had properly taken into account tax consequences in the division of marital property. In 1990 the Divorce Code was amended to reflect the Diamond decision, In Smith v. Smith, the court stated one factor which the trial court must consider when devising an equitable distribution award is "{t}he economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective," 653 A.2d 1259, 1269 (Pa.Super.Ct.1994). Additionally, the court stated the 1988 amendment to the Divorce Code adding tax ramifications was intended to codify the decision in Diamond v. Diamond. In Endv v, Endv, the court stated Section 3502 of the Divorce Code explicitly identifies tax consequences as a factor in equitable distribution. 63 A.2d 641, 644 (Pa. Super, Ct. 1992). Therefore, it is necessary to take into account the effect of the tax laws. The court found the master had considered the tax law in his recommendation for equitable distribution of the husband's pension. Specifically, the master considered the fact that the pension will be taxable to the husband and the fact the husband made additional post- marital contributions. Therefore, the court upheld the divorce master's distribution of the husband's pension plan. In Hovis v. Hovis 941 A.2d 1378, 581 Pa, 137, 1988, case not involving a tax deferred savings plan, the Pennsylvania Supreme Court addressed under what circumstances potential tax liability should be considered in evaluation of marital property for equitable distribution. This case involves stock and a pension. At the outset it must be noted that the ultimate resolution of Hovis was a remand to the lower court "for valuation and distribution of marital assets not in consistent with this opinion." Mr, Hovis had retired in the meantime and therefore the tax ramifications were relevant and would be considered. Hovis although not controlling certainly relevant as it states: This case represents the classic quandary that confronts our trial course regarding the issue of potential tax liability as it effects the equitable distribution of property, If a taxable event such as a sale or other transfer of property is required by the award of equitable distribution, or is certain to occur shortly thereafter, the tax liability of the parties can be reasonably ascertainable, However, where there is merely a likelihood or possibility that a taxable event will occur, the court is left to speculate as to the tax consequences. As noted in Hovis over the last ten years, capital gains Range from 7% to 49% and there were 15 tax brackets from 14% to 15%, In addition, there has been talk of single rate taxes and a variety of other tax ramifications. Nothing is out of the realm of possibility. It is totally unfair and inequitable for wife to bear the burden of future tax laws, Thio caoe hao significant assets which would allow husband to buy wife's interest in the house if he so desires or to sell it, TDSP may be deferred. Either party therefore being able to reduce it to present value, If they choose not to, it is their choice and the tax ramification and that decision have been made by them, With regard to the pension, it is oubmitt'Jd the court has no choice and the deferred diotribution should be ordered. This case has been continually delayed by husband including his refusal to make the marital real estate available for appraisal. The payment of spousal support by wife for a period in excess of two years when the husband has been a plumber working for his father which is immediately suspect. The parents have promised son during the entire course of the marriage that he would be made an owner. He has had no salary increases during his entire time this matter has proceeded. It is respectfully submitted that the evidence '~ill show a plumber working for a non-owned family business would make substantially more than what husband is reporting, It is also to be noted that husband has had exclusive possession of the marital residence while receiving spousal support and there is a demand for a fair market rental value, It is Mrs. Shreiner'S position that there be a deferred distribution of the pension. Each party receiving 50% of the Exclusion Preferences Kym L. Shreiner Minimum Tax Credit No Distnbut With Distrib 7,050 5,455 7.050 5,455 0 0 0 0 -- 0 0 0 0 0 0 Page: 3 Dale: 11-08-99 Time: 2:37 p,m . 1999 Total Exclusion Prefs Net Minimum Tax Net Minimum Tax With Only Exclusion Preferences Credit Generated Allowed in Current Year Carried to Future Years Self.Employment & Other Taxes No Distribut With Distrib Taxpaye~s Self-Empl Tax Spouse's Self-Empl Tax Tax on IRA & Other Taxes Total Self-Emp & Othr Taxs o o o o o o 14,685 14,685 ---------- ---------- ---------- ---------- KYM L. SHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3478 vs. CIVIL ACTION LAW SCOTT C. SHREINER, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Kym L. Shreiner Robert C. Saidis , Plaintiff , Counsel for Plaintiff Scott C. Shreiner Andrew C. Sheely , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 18th day of April 2000, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. . c,:.JE\. 'c" 'de"' "d" Date of Order and Notice: 10/8/99 By: Divorce Master 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 ASSOCIAT ION 2 LIBERTY AVENUE CARLISLE. PA 17013 TELEPHONE (717) 249-3166 " ,., , Attachment IBM TDSP INCREASE IN VALUE I. End of lot quarter 1997: Large Company Index $62,529.24 . 10.B3063/unit ~ 5,773,372 units Small Company Stock $17,720.09 . 2.39099B/unit = 741L1b' Moderate Life Strategy 1 320.5 : 1.531B7/unit ~ B62.044 II. June 30, 1999 - Value of marital property (Units x Unit Value = marital property) Large Company Index 5773,372 x 20.23311 ~ 116,B13.27 Small Company Stock 7411,169 x 3.795249 = 2B,127.23 Moderate Life Strategy B62,044 x 2.213B25 = 190B,4 $146,B4B.91 .On Aprl1 1. 1991 _ Unit value secured by calling 1-800.726-1000 as was the June 30, 1999 unit values, A:'\1l1~J=\\' l'. SIIEEI.Y ,\TIll\~~I:Y ,\'1' L\\\' Tcll.'rl1<lllc.(iJ"illlq'j ',11,';,', I ~', ;-:"'ldl ,\l.ut\"! :-:h<'d F.u: (iTi) hl)j'."itJh5 t' \ ~ Ii., \ 'I,::; \\..L,III".Ln.,:.I"'IIII.\I..1I1I.II"JlI:i:i June 14, 1999 E. Robert Elicker, II, Esquire Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Shreiner v. Shreiner 97- 3478 Pretrial Statement Dear Mr. Elicker: Enclosed for filing please find a copy of Defendant's Pretrial Statement. We look forward to moving this case forward, If you have any questions, please call. Very truly yours, ~dJ(>.S4 ANDREW C, SHEELY ACS/as Enclosure Robert C, Saidis, Esquire Scott Shreiner WHEREFORE, Defendant respectfully requests that this Honorable Court refrain from entering a decree in divorce pending Plaintiff's proof of the necessary elements to obtain a divorc,~ and pending resolution of all economic issues raised in the instant proceeding. 8. Defendant's responses in paragraphs I - 7 set forth above are incorporated herein as if set forth at length. 9. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court refrain from entering a decree in divorce pending Plaintiff's proof of the necessary elements to obtain a divorcl~ and pending resolution of all economic issues raised in the instant proceeding. COUNTERCLAIMS COUNT 1: EOUITABLE DISTRIBUTION: CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. The allegations in Paragraphs 1 throuyh and 9 including are incorporated herein and made a part hereof. ll. Plaintiff and Defendant are the owners of various personal property, real property, bank accounts, stock, retirelnent assets, pensions, insurance policies, motor vehicles, jewelry and other items of personalty all acquired during their marriage. 12. Plaintiff and Defendant have acquired various marital debt during the period of their marriage. 2 WHEREFORE, Defendant requests that your Honorable Court equitably distribute the parties marital property, including marital debt and any such further relief as the Court may determine equitable and just. COUNT II. CLh~M_~OR_ALJN9NY-YNDER SECTION 3701 OF TlLE_DIVQRG,E-'=OILE l3. The allegations in paragraphs 1 through and 12 including are incorporated herein and made a part hereof. l4. Plaintiff is employed by IBM as a consultant earning approximately $2,900.00 net income per month and Defendant is employed as a Plumber/HVAC technician earning an amount of approximately $l,569.00 per month. lS. Plaintiff earns substantially more income t.han Defendant. l6. Plaintiff earns substantially more retirement benefits than Defendant. 17. Defendant lacks sufficient property and income to provide for his reasonable needs. 18. Plaintiff is in a far more superior economic position than Defendant. WHEREFORE, Defendant requests your Honorable Court award Defendant a reasonable amount of alimony from Plaintiff, including any such further relief as the Court may determine equitable and just. COUNT I I I. CLAIM FOR_~r.U!ONL,PENDENTE.L.ITELCQ.UJiSEt._r.E.E~ AND EXPENSES UNQ.E..B.....SEJ;.TJON.u37.0,2..QFu.'l'}IJLDIY.QR.~f,; CODE 3 V~R.I.F :t..GJ~,1_IOti I, Scott C. Shreiner, Defendant in the above-captioned matter, hereby verify that the statements made in this Answer ,lnd Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that unsworn statements herein are made subject to the penalties of l8 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: March;;,), 1999 \'.-1<.- I) ri ' ( ~ '-.. ('\"V\,,,~.A.._, Scott C. Shreiner a' t' - \3, r~ , I"~ (, \~' , ~l, ,"",,:' c" L" ; ~~. ( \'. -' p, , C~ G , . ) J ANDREWC. SHEELY ATTOR!!EY AT LAW ..: -;. . 127 S. MA~KETSTREET MECHANICSBURG, PA 17055 ,',-,", . "......, "~;! .; MAR2'6J~9bf:, :':,:"~];~:'r Telephone" (7 1 'n6!f7~7,oS,O ::,',' , Fi,x ,," (717)6~N.OQ~!:'":~ PA"ID'N ". 62469,' ;:,' ':':"',' '<"~ .. , 0.-,_.. __.. .'-~'~:::;::.;'\~T;{";;;'P~:~ ,...;...,....-"'~ '!<Malllna 'Address,' lp;Q.Box 95, , r.":MECHANICSBURG, PA 17055 tii~i'-.j~':.:i:;.i-~'.Pi~~'--~~'-~' /..,--:'......~;,,1-~;;;.;.."~=.V-..~~l.. .~ .,.. 1\"fi'drow c. sheoly, f::\quin! 127 S. Hdrkot Street P.O. Box 95 Moch~nic~tlurq, Ph 170~~ I'A ID No. 1~24IJ'.1 717-697-7050 (I'honf~) 717-~97-7065 (F~XI KYM L. SHREINER, Plaintiff/RESPONDENT vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT C. SHREINER : 97 - 3478 CIVIL TERM DEFENDANT/PETITIONER IN DIVORCE CE RT I FICA T.E_Q.F CQ.l!.<::_U..BRENJ:.E..QR_NON -CONCURRE.NCE I, Andrew C. Sheely, Esquire, hereby certify that I served a ~~ copy of the attached petition upon Robert C. Saidis, Esquire, by fax transmission on March 26, 1999. I further state that I was advised by Robert C. Saidis, Esquire, tha~ did not concur with the attached petition prior to its filing on the date set forth below. Date: March 26, 1999 I ",. ,-C)/1 ,,1/: ::j( ~~_ l ----- Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 At\lhtJW c. Hhmdy. t:s'llllrll ~21 H. H~rkct 9trtJI.l '1'.0. lIox ')!J H"ch~niclt)urq, P^ 1705~ PA ID lIo. 624f.9 717-b91-70S0 (Phon,,) 711-697-7065 (r~X) KYM L. SHREINER, PLAINTIFF/RESPONDENT vs. IN THE COURT OF CDMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT C. SHREINER 97 - 3478 CIVIL TERM DEFENDANT/PETITIONER IN DIVORCE PRDER OF COUR'l; AND NOW, this 4" day of r>'!h<<CA/ 1999, upon consideration of the allegations set forth in the attached petition for Emergency Relief, it is hereby ORDERED and DIRECTED as follows: l. plaintiff, Kym L. Shreiner, shall refrain from taking any additional personal property from the former marital residence at 293 Sherwood Drive, Carlisle, pennsylvania, until Defendant, Scott C. Shreiner, return from vacation. 2. Within thirty days of this Order, Plaintiff shall provide a complete inventory of the personal property taken from the former marital residence between March 19, 1999 and March 26, 1999. Both parties shall provide complete lists of marital property in their possession within thirty (30) days of this Order. 3. Either party, after receipt of the other party's list of marital property, may request a hearing at a subsequent date" upon petition of counsel for the parties. BY THE COURT, ~1t- /l J. J. / Andrew C. sheely, Esquire Attorney for Petitioner/Defendant Robert C. Saidis, Esquire Attorney for Respondent/Plaintiff _ ~~4-' '")'\-\.<..........ltL 3} ;.ll.lq'l. .,'l ,.0 ,. 2 7. On or about March 25, 1999, Respondent obtained a U- haulvan and removed numerous items of personal property from the former marital residence, including an entertainment center, living room furniture, dishes, pictures and other items of personal property. 8. No formal appraisals have been completed of the marital property prior to Respondent's removal of the property from the residence. 9. Respondent provided no notice to petitioner or Petitioner's counsel prior to removing the personal property from former marital residence. lO. Claims for equitable distribution of marital property are pending as part of the underlying divorce action. 1l. Andrew C. Sheely, Esquire, Attorney for Petitioner, has been advised of the facts set forth in this petition through Petitioner's parents who have been unable to contact petitioner while he is on vacation in Hawaii. 12. Andrew C. Sheely, Esquire, Attorney for petitioner, has attempted to contact Respondent's Counsel, Robert C. Saidis, Esquire, prior to the filing of this Petition. WHEREFORE, Petitioner, Scott C. Shreiner, by counsel of Andrew C. Sheely, Esquire, respectfully requests this Honorable Court enter an Order of Court to maintain the status quo until petitioner returns from vacation and that Respondent be directed to provide a list of all personal property which she removed from the marital residence between March 19, 1999 and March 26, 1999. 2 Date: March 26, 1999 I/dwrsis;S Andrew c. Sheely, Esquire Attorney for petitioner l27 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 3 . , , CER~JYICATE OF_~_E_RVICE; I, Andrew c. Sheely, hereby certify that I am this day serving the foregoing Petition upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, and by hand delivery, addressed as follows: Robert C. Saidis, Esquire 26 West High Street P.O. Box 560 Carlisle, PA 17013 Date: March 26, 1999 , ire r:r r/ ';'( Q C! ~~, 'I I [1 I II I,: I [1 ..':1 1:11 r _ _ CL:.. ,:..; ;'j\/ fl::i\l\\j I i..\;.~;". \ '- lO Lr: C': ,.':' t1.l' " :=: - " J : . -- . J "i " r-. C" I ~, ~. .,j i . : :.1- I C, , U 0' --.J vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KYM L, SHREINER, Plaintiff SCOTT C. SHREINER, Defendant 97 - 3478 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Scott C. Shreiner, Defen- dant in the above-captioned matter. DATE: A&~heg;, Q1[;fJ Attorney for Defendan~~re~ Scott C. Shreiner BOGAR & SHEELY 1 West Main Street Shiremanstown, PA 17011 , .. :"1 (-~. ll. I ~. 1:1'- , " U.: , .' C , I:', t.:.l' ..' ,J c..: ,", j- - l' r- , ' cj C.'" --' KYM L. SHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3478 vs. CIVIL ACTION - LAW SCOTT C. SHREINER, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING 1'0: Kym L. Shreiner Plaintiff , Robert C. Saidis Counsel for Plaintiff , Scott C. Shreiner Defendant , Andrew C. Sheely Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the day of at a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. 'OTr rge E. IJr, President Judge Date of Order and Notice: By: Divorce Master IF YOU DO NOT HAVE ^ LAWYEI< 01< CANNOT AFFORD ONE, GO TO Oil TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. t'IIMI\I"I~1 ANIl C'ltlNTY BAI< ASS'H'I.\IIIIN ! I.IIIFHTY AVFNIII': ,',\1'1 I~d I,:, pA 1'10\' 11 t I I'll' l~n: (11'1) .',1" ,: I." LAW OFFICES SAID IS, GUIDO, SHUFF & MASLAND 26 W,1lIG11 STREET 210\l.MAR"ET'STREET CARLISLE. PA 17013 CAMP HILL. PA 17011 PHONE (717) 243-6222 PHONE (717) 737-)405 CERTIFIED COPY: &,\~Aqt.. :. :':'l:'~,-''''1~,''''",,'.l.''~'~__~__''_'___ KYM L. SHREINER, PI aintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SCOTT C. SHREINER, Defendant 97-3478 CIVIL TERM IN DIVORCE PRE-TRIAL STATEMENT AND NOW, comes the Plaintiff, Kym L. Shreiner, through her attorneys, Saidis, Shuff & Masland and files the following Pre-Trial Statement: I. LIST OF ASSETS: Assets of the parties are attached hereto and marked Exhibit "AU. ~ EXPERT WITNESSES: (Al. Plaintiff will call Steven W, Barrett as an expert witness as to the value of the parties' marital real estate known and numbered as 293 Sherwood Drive, Middlesex Township, Carlisle, Cumberland County, Pennsylvania. At this time there is no report as the Defendant has refused to allow Plaintiff's expert witness access to the real property. (B). plaintiff will provide a witness from IBM SAlOIS. SHUFF & MAS LAND ....lTOfl"n:Y'S.AT.l.AW 26 W. IlIsh Slrttl Cnllslt, PA Corporation as to a deferred distribution of the pension and evidence through this person or another witness as to the present valuation problems with the IBM pension. (C), An expert appraiser to evaluate the 1966 GT Ford Mustang, ~,- VII. PERSONAL PROPERTY: Plaintiff is unaware of whether there is or is not a dispute as to the value of any item of tangible personal property and the method of evaluating it. VIII. MARITAL DEBTS: None that Plaintiff is aware of with the exception of the mortgage. IX. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES: Plaintiff proposes an equal division of all marital assets with Plaintiff's pension being deferred until it enters pay status. The real estate, Mustang and other tangible assets of value would be sold and their value divided equally. There would be no alimony beyond that which has already been paid and no counsel fees are neC~9jary. 'e"p~~y eubmiee.d, Robert C. Saidis, Esq. ! Attorney for Plaintiff 26 W. High Street Carlisle, PA 17013 Marital Property 1. Marital Residence: 293 Sherwood Drive, Carlisle, PA (al. Estimated fair market value-D.G.S. Mortgage balance-D.O.S. Equity $175,000.00 S 16.000.00 $159,000.00 (bl. Wife put $30,000.00 from an inheritance into household improvements 2. Wife 116 shares of IBM stock value as of 6/11/99 approximately $]14 per share (Statement attached) $13,224.00 Husband and Wife 166.88 shares of IBM stock value as of 6/11/99 approximately $114 per share (Statement attached) $19,024.32 3. 1966 8T Ford Mustang value unknown - no encumbrance estimate $25,000.00 4. Vehicles (a). 1994 Ford Explorer no en.::umbranr.e estimated value D.O.S. $16,000.00 (bl. 1988 Ford Truck-no encumbrance value unknown (el. 1986 Ford Mustang-no encumbrance value unknown (dl. 1986 Chrysler raser-no encumbrance value unknown SAlOIS, SHUFF & MASLAND AmlllNEn'AT'L\W 26 W. IIIKh SUf'rl (nllslr. PA 5. Galaxy Fund (Statement attached) Closed by the parties anrl divided 50/50 aftet payment of df"'bt t () t 11~"i I respective parents $21,321.12 6. Wife's IBM Pension and TDSP Statpments attached I II I' il I, Exhibit "A" tta 5110211 1,"111",111."",11"11,1,1,.11""1,1,11,,,1,1,,,,11",I,ll KVM L SHREINER & SCOTT C SHREINER JT TEN 293 SHERWOOD DRIVE CARLISLE PA 17013.9050 IBM Cuslp: 459200-10-1 Account Number: Record Date: Distribution Date: IBM Company Coda: 9926 17619-99070 May 9, 1997 May 27, 1997 Form 01 Ownership . Stock Certificates Book-Entry ESPP Bocl<-Entry Total Shares Shares Held On - Stock Split - Total Shares Held Record Date Book Entry Credit On Distribution Date 30.440 83.440 53.000 30.440 83.440 53.000 53.000 60.880 166.880 53.000 'Slock split dl.tribution illlued on Ih.:uea held by you In certific:l.te torm ":lye been credited to your book-entry In:ue pOlilion. This distribution statement reflects your May 9, 1997 record dote shore position and shares credited to your account for the split. It does not include ony purchose or sole Iron.oction. you moy have hod after the record dole. PLEASE RETAIN THIS STATEMENT FOR YOUR RECORDS Dear IBM Stockholder: This statement reflects the additional shares being distributed to you in connection with the two-far-one slack split. These shares are being held for you in "book-entry" form on the records of IBM's transfer agent, First Chicago Trust Company of New York ("First Chicago"). First Chic:lgo is acting :IS cuslodian for your stock splil shares in addition to other IBM shares that they may already hold for you in book-entry form. If you are holding IBM stock certificates and wish to h:lve those shnres :ldded to your book-entry position on the records of First Chicago, please c:l1I the number shown below for further instructions. You m:lY request :I stock certificate for any or all at the shnres being held for you in book-entry form by c:llling the number shown :,elow. A stock certificate will be m:liled to you within 48 hours. You m:lY also sell your sh:lres through First Chicago, have your ,hares electronic:llly transferred to your Bank/Broker, or p:lrticipate in other services provided under the IBM Investor Services "rag ram by calling the appropriate numbers shown below: To VERIFY your share balance ... To REQUEST a stock certificate for your shares ... To SELL your shares through Firsl Chicago ... To TRANSFER your shares to a Bank, Broker, or other Financial Institution ... To OBTAIN general information about your account or information on services provided under the IBM Inveslor Services Program ... (888) IBM"6700 or TIELlNE 8f771 "7000 Tv CEr'03IT other stocK ~elliri..:ales you 111ay hoid with first Cllicago ... '8M Stockholders residing outside the United States, Canada and Puerto Rico should call (201) 324-0405 for any at the abov. services and for general inquiries about their account. ::.Mall: ibmlcl@em.fcnbd.com ................1.1......,11....."..1"+,, ,...0"'\...... Customer Service Hours: Automated Voice Response availabie 24 hours Mondoy - Fnd:lY Solurday 8.00 om - 9:00 pm EST Exhibit "A"-l Customer Service Representative 9:00 am .5:00 pm EST Monday - Friday ":rst Chicogo Trust Company of New York ~, IBM Stockholder Services .\1 :1,1 SUlle 4688 "0 Box 2530 ~ersey City, New Jersey 07303-2530 First Chicaoo Trust ComDanv 01 New Yo 1",111."11I"""11"11.1,1,,11,,,,1.1,11.,,1,1,,,,11,,,1,11 KVM L SHREINER 293 SHERWOOD ORIVE CARLISLE PA 17013.9050 IBM Cuslp: 459200.10.1 Account Number: Record Date; Dlstribullon Date: IBM Company Coda: 9926 17619-97505 May 9, 1997 May 27,1997 Form 01 Ownership ESPP Book-Entry Total Shares Shares Held On - Slack Split - Total Shares Held Record Date Book Entry Credit On Dlstribullon Date 58.000 58.000 116.000 58.000 58.000 116.000 This di.tribution .llltement reflect. your May 9, 1997 record dote .hare po.ition and .hare. credited to your account for the .plit. It doe. not include any purcha.e or sole !ran.action. you may hove had alter the record date. PLEASE RETAIN THIS STATEMENT FOR YOUR RECORDS Cear IBM Stockholder: Tnis statement reflects the additional shares being distributed to you in connection with the two-far-one stock split. These shares are being held for you in "book-entry" form on the records of IBM's transfer agent, First Chicago Trust Company of New York ("First Chicago"). First Chicago is acting as custodian for your stock split shares in addition to other IBM shares that they may already hold for you in book-entry form. If you are holding IBM stock certificates and wish to have those shares added to your book-entry position on the records of First Chicago, please call the number shown below for further instructions. You may request a stock certificate for any or all of the shares being held for you in book-entry form by oalling the number shown below. A stock certificate will be mailed to you within 48 hours. You may also sell your shares through First Chicago, have your shares electronically transferred to your Bank/Broker, or participate in other services provided under the IBM Investor Services Program by calling the appropriate numbers shown below: To VERIFY your sharg balance ... 70 DEPOSIT other slack certilicates you may hold with FirSt Chicago ... To REQUEST a stock certificate for your shares ... To SELL your shares through First Chicago ... To TRANSFER your shares to a Bank, Broker, or other Financial Institution ... To OBTAIN general information about your account or information on services provided under the IBM Investor Services Program ... (888) IBM.6700 or TlELlNE 81771-7000 IBM Stockholders residing outside the United States, Canada and Puerto Rico should call (201) 324-0405 for any of the above services and for general inquiries about their account. "irst Chicago Trust Company of New York ~~ IBM Stockholder Services Mail Suite 4688 PO Box 2530 Jersey City, New Jersey 07303.2530 ...Mail: ibmfct@em.fcnbd.com internel: hltoJ/www.fctc com Customer Service Hours: Automated Voice Response available 24 hours Monday - Friday Customer Service Representatives 9:00 am - 5:00 pm EST Monday - Friday Saturday 800 am - 900 pm EST First Chicago Trust Company 01 Now Yor' ~OME OFFICE: 440 FItIANCIA. DISTRIBUTORS. INC. P.O. BOX 5111 4,100 CrMPUTER DRIVE WESTBOROUGII. MA 015BI-511l GALA.XY ACCOUNT STATEMENT STATEMENT PEHIOD April 1. 1997. April 30, 1997 PAGE I OF 2 - - '.- - -~?--.:~ ---"'-'~~~ 8 "-- "f-jA!?m'- '"~ CUSTOMER SEHVICE PHODUcr INFOHMATION 1>tl66 628 9i13 1-800.628-0414 440 FINANCIAL D1S1lUBurORS, INC. 4400 COMPlTI'ER DIUVE WESTIlOROUGH. 1M 01581 0Wd (;07r'J. ~ /-c2 ~~ (-C ,12'106.'.:< 3d~ynad 1",111",111"""11"11,1,1"11,,,,1,1,11,,,1,1,,,,11.,,1,II KIM L SHREINER SCOTT C SHREINER )1' WROS 293 SHERWOOD DR CARIJSLE, PA 17013.9050 cJu cJe Value of your portfoUo on April 30, 1997 $19.998.35 RJND/ACCOUNT . &55.:2'7/(.6~3jiZ!-~ ;I; Large Company Index Fund 2!~:!000217696- a c('~ 4- fti5.:2 -;1 d (,I'5/</ ~#; Small Company Index Fund j',d:: ! 220-1000530259 - aec,C:.-vu... PORTFOUO SUMMARY As of April 30, 1997 SIIAIlE SHARES PRICE OWNED $24.47 445.B08 $23.08 393.823 Total DISTRlBunON SUMMARY RJND/ACCOUNT MONTII TO DATE DIVIDENDS CAPITAL GAINS Large Company Index Fund 212-1000217696 $.00 $.00 Small Company Index Flmd 220-1000530259 $.00 $.00 Total $.00 $.00 Exhibit: ",\"-3 .fj.;2 ~ ,3;2 /./..;). MARKET POHTFOUO VALUE PERCENT #11,S'/i'L,.,,/3 - a~ o/f $.IO.Q08.92 ~~- $ 9 7'ly'. &9 Uo o/J' $9.869.43 45~( . -== = == = ----" = = $19.998.35 100~ -== = --- YEAR TO DATE DI\1DENDS CAPtTAL GAINS $.00 $.00 $.00 $.00 $.00 $.00 MtnUAI. FUNDS: ARE NOT IIANK DEPOSITS, ARE NOT FDIC INSUREO, AIUi NOT OBLIGATIONS OF FLEET \lANK. ARE NOTGU,~RANll:E1l \lY FI.EEl' IIANK. ARE SUB)ECT"O INVE~llItENT IUSK INQUUlNG 111E I'Os.~lIII.E LO~S OF PIUNCll'AL AMOlTNT l:o.'\t~IH) ,.TS ! 0(1) ~~..!c; 1:(lflllllllf'11 'Willi lH':'!l Law Offices SAIDIS, GUIDO, SHUFF & MAS LAND . ^ rMOFESSIONAL rORf'OHATlON John E. Slike Raben C. Saidis Edward E. Guido Geoffrey S. Shuff AIl>cn H. Masland John"" J. Deily Richard P. Mislitsky SCali D. Moore David J.~tllrew C. Sheely, Esq. 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 2b West High Street. Post Office Box 560 Carlisle, Pennsylvania 17013 Telephone: (7 I 7) 243-6222 . Facsimile: (717) 243-6486 August 28, 1997 w..t Sho", Ornce: 2109 M",kcl SUcel C:unp Hill. PA 17011 Telephone: (717) 737.3405 F,csimile: (717) 737.3407 Reply 10 Carlisle RE: Shreiner v. Shreiner Dear Andy: This will confirm our conversation after the Domestic RelationB Hearing on August 27, 1997. I have contacted Steve Barrett who will conduct an appraiBal of the real estate and will contact your client directly to perform the same. Your client agreed to have my client's pension evaluated for a reduction to present value as well as securing an appraisal for the 1966 Mustang. Cur respective clients agreed that they would try and work out a division of the personal property between them and my client will be in contact with Mr. Shreiner to work out the details. I would ask that you confirm that both parties agree that the marriage is irretrievably broken and that we may proceed with a Master's Hearing in the event we are unable to negotiate an amicable settlement. I understand your client's position is that he desires immediate offset and I would suggest that an amicable resolution may not be possible without some cash payment to Kym. If Mr. Shreiner is prepared to refinance the house, perhaps we can agree to a cash payment to my client and a deferred distribution of the pension and TDSP to be adjusted based on the payment received by Kym. In any event, will you kindly review this matter and confirm your understanding with regard to the irretrievably broken nature of the marriage. Very truly yours, SAIDIS, GUIDO, SHUFF & MASLAND RCS/kll cc: Ms. Kym Shreiner Robert C. Saidis Exhibit: "c" ~ npslscOl0is5cvm.vnel on 05126/99 09:15:~3 PM To: Kym ShreinorlMochani<:sburotIBMOIBMUR cc: Subject (Al Porsonal Data TO BE OPENW BY ADDRrSR~~ ONLY Fror.".: IRK N.l.t ion.11 l'uyroll !o>{'fvienr. SubJect IA) P('r!Oonal O1lt.d-TO BE OP!2oJJ;:U RY ADDRF.l,!,f-:t: ONLY .............................................................................. 00 NOT Rr:SPONP TO THE SF.AVl("~~ KACHlm; Tlt~T GrnERAT1:;U TillS NaTE .............................................................................. StUlc:ncnt uf F.ll.minl):J .,me! n.'(ha':I.inr.s; Il!M CORflORA':"lO:-J For payroll ~nquid{.lo call 1.eOO-4~f>.~20C or wobdte http'/lwlehQ.dubl,;l"'lt'T.!(>!lt!"..1hm.:-:Qltl PAY'RO:'L FUNDS W1LL HE POSTEn TO EI"ll't.oVEt:.'l" ACCOl.r.ITti ~y TtI!.:JR FINkNC!A.L INfiTITUTfO>> O~ nr.~IGNATJ;:U PA~AY~. SHRE:'I\"ER. KL 486022 181 52-62"1~ PI'riec1 ~"\~lnq O"J/1l/99 NET PAY transmitted via EFTS. ~1.344P'l CtJRRENT GROSS PAYXr..''1'!; SMARY O~131/99 $2.JOJ.OG TOTAL CURRE},,~ GRO!JS PA ytre~S _". 4_1&__ --.. .~ $2,tR t. on CtJRRENT A:;lDt'I'IONAL 7AXABLX 11\:C"OME GLl r~r 05/31199 S6..~ TOTAL CURR~~ ACOI.IOSAL TAXAnL~ INCO~ -~__ ---- > 56.<6 YTD TOTALZ: Glosa ralnino& TAXES t.xc~p~_ Alloe: ~29.519. 8" W 2 C;rC9~ C'25.l86 2'1 Md'l P:-ior Curr(>nt r.O $.00 S14.11 $422.61 ~.oe ~14~.Cl;) $1,801 29 Sh-'.CO S co SJ2b.QO $4,740.71 $.00 :;6~.69 $014 .46 :.:10 :'2 LB9 S:~'J''L 22 S 00 S 00 S ()~ FICA-l"IO rrCA-OASD! rro :'KC ':'X M GO PA ~":'A"E 5 oc HAY.PDEN S :0 PA UNr.Mt'L 5 00 TOTAl. ';'MES .."!'- '-.'- Ou , c.co ~'}9~.5' :,t1. OBO. J~ OEmler IONS I'r101 Curnml. TOSt' t:~ on,) PERS8t:N $3~7 ';', yon; rutOlI ~ ,.J. on \"Tll 1'01.'1 SJ,9fd.6: sno.O: Exhibit "D" Jun 4, 1997 Dear fts. Shreiner: Thank YOII for. using the !BI.' Retirement Plan Benefit Estimation System. The estimate format incIlldes: the Pension Credit formula, the "transition" Retirement Plan formulas, and a featllre that projects YOllr TOSp balance. If YOII have questions regarding these lormulas and featllres, please refer to the hooklet entilled "^,lOlIt YOllr Renellls: Capll.,l ACCIIIII1I1,lli~n, Retirement and Separation". \/hlle revie,ling YOllr benelit projection, YUII shollld keep ill lIIi1ll1 that YOII wi 11 con li nile to accrue bene! its under the trans i ti 011 core I ormu 1 as (as specilied ill the transition) IIntil year end 2000. At that time, YOllr benefit under the core fOl'rnula will he fixed. lhis means your actual accruals ul\(ler the transition core formulas as of year end 2000 become your minimllm retirement benefit. You received a linal allocation under the Personal Retirement Provision at year end 1994. After 1994, YOllr pRP halance will be credited at 4% interest annually. The Pension Credit formula uses earnings starting in I995 to calculate your benefit. For example, your five year average at year end 1997 will he calculated hy adding up your earnings in 1995, I996 and 1997, hut still dividing by 5. for many employees, this formula will not represent their highest henefit for several years. Your r!tirement henefit will he the greatest of the amounts generated by the transition and Pension Credit formulas. The transition formula will prodllce your retirement benefit IInti 1 the anlount provirled hy the Pension Credit formula at your projected relirenlent date.. ,.Is the amounts generated by the comhined vallie of the Core formllla and your pRP annoity. Ihis comparison will continue lor as long as the \,...";tion lorlllulas produce YOllr hi9hest benefit, even after the yea. . .11 il necessary. for yonI' convenience, the Rcndit fstimation 5ysl"" that projects YOllr IDSI' halance to the date of 1".1 an estimate of YOllr Social Secllrity benefit. I 1. Assumptions Used in This Est im"le '" llHies il frature '. along with Date of Separation Joint Annllitant(Spollse) Date 01 Birth 06/01/1997 06/08/1 956 Joint Annllitant Percenlage (ontinuat ion 50', Will PRP Be Paid as an Immediate lomp-Sum No future Av~rage Annual Salary lnnease 0.00', IDSI' Employee (ontrihlll ion !'f'rcenl,'qe 0.00', IDSI' Assumed Rale "I Rel."n !'o"pnlage 0.00':. 2. Impl"yeo flala lIspd ;n Ihi, I sl im"le Exhibit "E" Oasic [mployce Oata !lame..................... . Serial !lumber............. Dilte of Birth............. Service Rcfcrcuce Date.... Pension Reference Date.... Vesting Reference Date.... pRp Balance on 12/31/J994. Current Monthly Salary... TDSp Account Balance ..... TOSp Y1D Contribution .... Age as of 06/01/I997 ..... Service as of 06/0I/1997 . Shreiner 486022 10/15/1958 11/09/l981 11/09/l901 11/09/l901 4,378.79 3,952.00 . 86,131.29 . 2,374.83 . 38 Yrs 7 Mths 15 Yrs 7 Mths . As of 05/01/1997 Ilellrement [arnln9s Illstory 1905: 198(,: 1907: 1980: 1989: 1990: I991: 1992: J993: J994: 1995: 1996: 1997: $23,450.68 25,178.66 27,354.47 29,561. 95 34,896.46 39,011.08 38,262.71 38,542.60 40,545.37 40,850.04 44,510.19 48,194.14 19,790.24 . !lote: the cil1cu1ations of your estimated IBM retiremeot heneflts are based on the information you provided and on the data that lOti has in Its personnel ilnd payroll records. Those records may contain errors that could "ffect the ca1cu1i1t1on of your estimated benefl t amounts, therefore, any of the amounts shown are subject to change as a result of correct ions made to the data. This estimate assumes that you will continue employment with IBft until the separation date selected. 10M provides this ioformatlon as a convenience. Tbe preparation and furnishiog of this retirement estimate is oot deemed a guarantee of benefit or of continued employment for any period. It is simply an estimate of possible retirement benefits and does not create aoy legal rights. The terms of the Plan govern your rights. Your actual salary experience and service history wi 11 determine your actual retirement benefits. We Urge you to review all of the data in this estimate aod to pay particular attention to the annual retirement earnings history. Any discrepancies should be brought to the attention of Relirement/Trilnsi tion Services ilt 1-800-796-9876. Page 2 1 3. ftonth1y Retlremeot Benefit Payable Single Life Only Option At heoefit commencement you will receive the qrcil'or lIf: If Payment Begin Oilte is -> Age I. Pension Credit formula 2. Transition formula iI. Core Benefi t b. pRP as iln Annuity c. Iot,,1 Corrent formllli1 Monthly Benefit . 06/01/1997 38y 7m 137.50 61. 32 24.39 t 85.7J 137.50 11/01/2013 ~,r,y Om 361.39 526.65 76.60 , 60.1. 25 603.25 . (E97.05) 11/01/2023 65y Om 521. 80 752.35 150.74 903.09 903.09 . VOllr estimated PilI' balilnce of 4,813.57 ilS of 06/01/1997 has heen converted to iI monthly hencfit and is includpd in these iI",OlllltS. lrlx Orferr('d S.winQs I'lclll Estimated Account Balance on 06/01/1997 86,131.29 50% Juint and Survivor Regular Opllnn If Payment Oe9 In lI,lte I s -~ 06/01/1997 11/01/2013 11/01/2023 IIlH Retl rement Ilene f it to Emp 1 nyre 134.06 568.99 825.70 IIlH Benefit to ,Joint Annull,lnt 67.03 284.50 412.85 50\ Joint and Survivor Restore Option If Payment Oe91n lIate Is -> 06/01/1997 11/01/2013 I 1/01/2023 IIlH Retl rement Benefit to Employee 133.91 565.12 811.88 IIlH Benefit to Joint Annuitant 66.95 282.56 405.94 Page 3 I 4. Details of Pension Credit Formula ([97.05) Years(s) EIi9ible Eal'nin9s Excess . Points Base . Points Age(S) -------------------------------------------------------------------- 1981 - 1987 Under 30 tl/A 43.17 0.00 1988 - 1992 30 - 34 tl/A 43.50 4.25 1993 - 1994 35 - 36 tl/A 21. 76 3.25 1995 37 44,510.19 12.00 2.00 1996 38 48,194.14 12.00 2.00 1997 '39 23,742.24 4.97 0.83 -------- ------- Total 137.40 12.33 Final 5 Year Average Pa)' 23.289.31 EsI imated Sncial Secllri Iy Cnvered Comp"nsal ;.'" - 61.200.00 Excess Final 5 Year Average Pay 0.00 Base Excess 10taI -------------- -------------- -------------- Final 5 Year Average Pay 23.289.31 138/100 0.00 t3/l00 23.289.31 N/A Points x x -------------- ---------.---- -------------- Total 32.139.25 0.00 32,139.7.5 Conversion Factor / 5.132 Age (,5 Annlla 1 Or'lId i \ 6.7.(,7.52 Agr (,S 'Ionlh1v [Ir"el i I ~121. Rn " Oas~ and excess points pri(\r to Iq9~1 f1TP qrolll',.d (nr p,l,h aqf> rcltf'901Y. . In the (InaI calculation, points are rounded up to the nearest 1011~ge... Page 4 ([97.05) 1 5. Details o( IIlghest Current Retirement Formulas(Translllon Provision) Service and Earnings Calculation -------------------------------- Year 1992 1993 1994 1995 1996 R~lirement Earnings 38,542.u8 40.545.37 40.850.04 44,510.19 48,194.14 Total Retirement Earnln9S in Base Period [ndin9 12/31/1996 Average Retirement [arnin9s for This Period Endin9 12/31/1996 Service throu9h End of Base Period Ending 12/31/1996 Balance Forward through 12/31/1996 1997 Reti rement Earni ngs Total Retirement Earnings 212.642.42 42.528.48 x 15.166667 645.015.28 23.742.24 . u68.757.52 0.0135 x Age 65 Annual Vested Ri9ht.S Income Age u5 '.10nlhly Vested Righls Income PRP as a Monthly Benefit at Age 65 . 9.028.23 752.35 150.74 Total 110nt.hly Income at Age (,5 903.09 ---- ---- - - --- --- - - --- - - - --- . ==-=':'= " Tax Deferred Savings Plan IBM Corporation and Affiliales Account Statement First Quarter, 1997 Pagt Jof 6 . 0010001 on ,MJ SHREINER, KYH L 293 SHERWOOD DRIVE CARLISLE PA 17013-9050 SSN: Serl.' Number. Division Code: 181-52.6275 486022 23 1I_4"Y~ 4bouJyourskJ........'4M u.formm' c:..JJ tJw 1DSP _ emln'4' UI()().726-10004M_4fiwSu.tmwnIGukk Brochur< 1bIGtUthaplalru tJH InforT'NJNon thaI Is c::onlAttMJd In tJH tll2rlow .<<IIons of YOUI' 7DSPSlatnnmlQnd can lHlp)'OU 10 monUOf")'Our tn.lilU'I'mt'nl J>rDgr<4 00U10001 em '7lIOO 1DSP Snvta RlJIramlalttla' ary oJso QvaUllbllloautst you If you bat'" '/J<<iJk qualtoru rrgard1nsJ'OIlr stallTMnL SnWot Rrprarnl4ltvu Qry ~from B 4.. to B".. _ T_Mcmdaytbrouiih PrldaJ'. c:rdudl"II holld4ys. Summary of Your Account Accoutlt Market l'allle Fund Investment Opening Addltlonsl Investment Closing Election Balance Subtractions Galnlloss Balance (%) (5) (5) (5) (S) 50 59.785. " 1.200.17 1.543.93 62.529.2' 0 18.525.46 0.00 -805.37 17,720.09 50 141.34 1,200.05 -20.85 1.320.54 - 100% $78,451.9' $2,400.22 $717.71 $81,569.87 larllO Company Index Small Company Stock Moderate Lile Strategy TOUlI Marlte, Value Asset Allocatiotl of Futlds II 0.4% o 0.2'", IlliI 77.3'", o 21.9'", o 0.2% Fixed Income Total Bond Market Large Company Index Small Company Stock International Stock PI4au "ok, If )'OU QF'r 'rnreskd In Q")' oftIH Uft S"'QI4"g)' Funds., IlH' Aut'1 AlJoc.Qhun fur rhcst funds ts shou'n In Innu oftbr undnfytns rompont'tlU (otbn- 7DSP'nl'Ul'mt'nloptWru)thaI makr up rhnr funds. Forc:rarnpk, 1f,J'OU art '1JI't'.SW /otni. In tM CmurnlQnl't Ufr Strdkg)' Fund,yourAU" Q/JoaaJ:JQn u'OWdbrshou'f14SfolJou>s:23"14rgrC.ompan)/nJa;, 7\..\mal/Cmnpan)".\'lck"k, /O'-/nltT'nlJtlonaJSItd:. 'OtJPtudJncornt'arul/~ ToW Bond Marlm. Exhibit "E-1" . ~'. ~";" ....\,-...\, ;. .....~".":,.:;,.i~..I.' ---- ---- - - --- --- - - --- - - - --- ----- ---.- , TlIX J)cfcrred Savings PllIn IBM Corporlltiolllllld Affilialcs Account Statement First Quarter, 1997 Pag. 201 6 SSN: 181.52.6275 ACCOlltll Actirlity Tbis Period Activity Oponlng Oalnnco as of 12131/96 Amount $78,451.94 960.07 960.08 480.07 717.71 $81,669.87 ConlrlbutlOns' M.lIchod Delerrals Unmalchod Dolorrals Employer Match Invoslmcnt Gains 8. Losses Clo.lng Balanco al of 03/31/97 Summary of Account by Type of Contribution Vear-to.Date Inceptlon-to-Date Contrlbullons Contrlbullons Total Market Category of Contribution (Gross) (Gross) Value MatChed Doferrals 960.07 22.397.17 46.699.37 Unmatched Deferrals 960.08 8.808.98 19.305.89 Employar Match 480.07 8.021.82 15.564.61 Total $2,400.22 $39,227.97 $81,569.87 Transaction Details by Fund lArge Company 1ndex ACUvlty Opening Balance al of 12/31/96 Opening Period Unit Value S59,785.14 10.5119 Amount 0/1j<<tJ",,: Long Ieml growth 01 cap/l4J "~tb a marin, rauo/~turnfrom Q dtl'"""fied grouP ollarge and mMtum company common stodu, Contributions Matched Dclerrals 48006 480.07 240,04 Unmalched Delerrals EmfllOVl'l Match Investmenl Gains 6. lusses 1.543.93 $62.529.2' 10.7915 Closing Balance as 01 03131/97 Clollng Period Unit Value ""'" .' ~ "".:......,,...: '.' \oJ '.' ~ : :i'f'i . Tax I)ererrcd Savings Plan IBM Corporation and Affiliates Account Statement First Quart", 1997 PaR' Jof 6 SSN: '8'-52.6275 Transaction Details by Fund -continued- Small Company Stock Amount ACUvlty Opening ealance a. of 12/J1196 Opening Period Unit Value """ Obi-v.: Long""" growth of aopltaJ wUh a mom" rdU ofmurnfrom a dl"",,fUd R"OUfl ofmodlum and tmlIlJ company common $loch Invostment Gains & Losses $18.52S.46 2.5034 -805.37 $17.720.09 2.394S Clollng S.I.nce a. of 03131/97 Clollng Period Unit Value lItoderate Life Strategy ACUvlty Opening Balance as 01 12/31/96 Opening Period Unit Value Amount $141.34 1.5257 Objective: Seeks to provilU rdart.oeJ)' high retums 01 a motkrate risk kwL 1b<frmds ta'1l" aJloauIon Is 60" nodu and 4tw. ftredIbonds. Contribuhons Matched Delonals 4800t Unmatched Deleuals Employer Ma1ch Investment Gams & Losses 480.01 24003 -20.85 $1.320.54 1.5339 Clollng Balance as of 03131/97 Closing Period Unit Value . Fund Performance Fund 3 Months YTD 1 Year 3 Year 5 Year ("to) ("to) (%) (%) (0..) Money Markol 1.33 1.33 5.48 5.41 4.53 Fixed Income '.53 1.53 6.48 6.60 7.00 Total Bond Markol -0.42 -0.42 NA NA NA ~ Company Indo, 2.66 2.66 19.74 21.99 '6.66 Small Company Slock -4.35 -4.35 7.17 13.92 12.70 International Stock -1.65 -165 2.35 7.79 NA IBM Stock -8.96 -8.96 24.32 38.59 '307 Income Plus lllo Slralogy 1.'9 1.19 NA NA NA Conservative Ltlo Strategy 090 090 NA NA NA ._---- MQdcrate lllo Strategy 054 0.54 1041 12.99 NA --.-----..---------..--------- Aggressive Llle Strategy 0.16 016 NA NA NA _______~_,~_n'__._ ____n_~__ ~____._...__ ooP'a:lt"bOte !t1DUDtht-lZ131,f%. 3/31;Qi.'nn"12.i!t1196- 3!;\llQi.1Yr:ar- 3:2Q'W,- !t'~ltQ:.3"1'C'2I''' .'0'191- 3/31/97, ~ Yat.. tJo2t92. 3/31/97 f", . -,.'}:"'~-:;.~~~&;:'~..~;~~~ .~_.:.'~.';.~ ;;;'tl..::j';'~ ..;.~.-'l;.,.:,...;.'.:::.:.';;:-.~,...>.1 i "'~',r'.. \ ',' ....,'..\~~,......'t 'A.:.:~~ ;.-"'.:~~:..,,",,..4:M:\""''' . )t~Y.~'1':l'~":' .... ---- ---- - - --- --- - - --- - - - --- ----- ---.- Tux .Deferred S:l\'illgS 1'1:11I IBM CorJlor:llion :lIId Aflili:lll'S Acco"nt Statement Hrst Quarter, 1997 Pag" 5 uf 6 SSN: '81-52.6275 St/lte/lll'/It or J'ol/r 111M HJS/' .......11/11I1 Till' IllLllltle wnd m~(J!.IlTIcnlln$ull:., Irlwllled i1!o p"ln~ ..nd lo!.!.I'!., II'I!I.(I Jll'II(l!rlliHll ,. O~t'1 111f'1,lll~l'l~ !oholl f"""KJ nl hllll' r,mLl'lIl1' 111.11\ I:' dl'~"OI1I'd In encourolU" Cllfltlllllolccumulllhan avel Ihn tong lrlm. fl.lllCIP;1I11:. t.hnuld 1""I(ld't,III~' "'~'f'Vlllw tlhW(lt~c!. ullhl' IIltl",11\l1.'111Iund:. 5110 "I..lt'd In Iht! pl,m dc"ulpl.on and Prolof~clulo willi lIlClI lflve~lmcnt gOOlI!. It) en!oUhJ IIlr~ Ilfl' (on!,I!,h'nl Invc!olmenl ell.'cllonr. lor curIDnl coollllluhom, m~V tlf' ch;III(1f'd on((' dUlln\] .1I1~ fl,I~' 1""100 Ihlou\lhoUllhl' ye,1f Accounl twldnco!. m..y 011:'0 h.'IIOIns.hlHed onc.e during Dny dilllV v~luollon &)(Illad Pat1lclpolnl!. clc~mg (lIghl 1r.1I1!.lm!. fll!1 '1'0,11 v,,1I IlIcur.. r"OCI'!o:'lflg Irl'lo. nOlch OIddlllonall/ans.lrr To alll.'clUleu' Change,. &Imply COIl1lhe TOSP Sorvlce Cenlel aI1..s00.72&.1000 Pilnlnpim!:; tfllvolrng or Ij~rng Dbwddcafl u,lIcolll"CI byd'Dlmg 0.615-333-9748 EmplDyl't' addrus.s changes. can be made onlv thlOuOh your managCl R(Jhlf~' mldlr.s!. change!. IIII' mi1d~ when you ropor111 new addles:. on Ihe revorse "Ide of lhe &Ialenlenl 01 Ulllrflmonl beneflls. 01 by calhnlllhc 1Bf'.1'rhrrmcnl paVlolI tidmlfll!.lfator. Ihe Aclnd Life Ins.urance Comp.;any al 10.800.344.)761 A1llhofoO par:tctp..lnlt> who have s.opiJralcd 110m 161.,., (olhOllhan retlll"f!s'/ can makl' ch,mOl'~ by conlacllllg Ihc IBM Nilhonal Human R(lt>OIlr~ S~rvIC" Cenl~r al 1-600.796. S876 17IOt Federallllc01lle TiLl; Implicalitllufor l>iJlrihl/tio1/S ThiS nollce {,ummilflze:. only lhe Fedoral (nol stale Dnd local) 1.11 rulcs Ihal nllghl j,lppl~ 10 your pavmenl Thm.e ,ules are complcl and coolaln many condttlons. and Cllcephons Ihal ale nollllclud~ In IhtS nollCe Thcleforl'. '1'00 should con!.ull v.nth a plofc!.slonall,h ad~lsor berOfl' you lake a paymenl from Ihe Plan Other &OOICM of mlormallon (5uch os IRS Pullhcatton 57s..PenSlOn and Annwlylncom('. "nd fRS PullhcOlllon 590.1ndlvldual Rell'emenl Arrangemenls) ale available "om your local IRS oH.ce or by callmg 1.800.TAX.FORM PAYMENTS THAT CAN AND CANNOT BE ROLLED OVER In general. I.:uahle paymenlS horn Ihe Plan OIlr .eftp!ble 101l0~t'1 dlslllhulmn!o - cH'd L.lII b.' IOIIt'd O~l!' p.cefl! P~yments Spread OYer Long Periods. You Colnnolloll o~rl a pilvmenl" I! l~. rMr1 of;j S'~IIf'!S 01 f"Quallol almasl equal) p;;rymenls Ihal air mOlde at ICOIsl once a veal and I.sllor (1) youl lilellme (Ol hie clpoclOlncy). (~l yoUI lllellme ,mc your l>t..'rll'f'CI,11'o' s IIIellme (or hie clpcClanCI(~S), 0/ {31 a pcllocl of len vear!o 01 mOle Required Minimum Payments. Bc~lnnmg In Ihe collendal y...a. you alia III .191' 70 1:: 01 Ihc C.llcndOlr year In whtch you lelllc. " lalcl. a por1lon of your paymenl cannol be ,olled over because II IS a .'eQulled minimum paVOlenr Ihal musl bf! p.lld h> ~ou DIRECT ROllOVER You can choose a dllecl rolloV'C/ of all 01 any porllon 01 you, "eligIble roUovel dlsll1bullOll" In a drrecl rollover. you choose Ihe portion ollhe ehglbl~ follover dlSl/ibuhon 10 be p.ud dtrCCllV from Ihe Plan 10 an IRA 01 anolhel employel qualified plan Ihal accepts roUo~els If you choose a dtleellollover, no lflcome lal WIll be Wl1hheld and you will nol be la.ed on a paymenl unlrlyou lakl' It oul ollhe IRA ollhe employer plan A dllecllOIlO\lftI may atJecllhe Special Tal Trealmenl described below The lal rules also provide Ihal you ha~e Oil leasl 30 da~ 110m Ihe day you leceIVe Ihls. nohce 10 conSIder youl deciSIOn whether or nollO choos.e II dllecllollovel 01 your dlslnbuhon If you elm to m,ke a dlfect rollover 01 have the paymenl made to you. you ~re waiving the 30 d~y deClston peUod. and your payment will be m,de wt1hoU1 the 30 day pelled. Once the payment IS elec1t'd. you may not choose to reverse your decision. DirKt Rollover 10 an IRA. In thtS nohce the lerm iRA" mcludes mdlV,dual lellle/Ttf'n! accounls and mdlVlOual reWemenl annul!te$ II yoLl choose 10 have yoUI paymenl made dl.ectly 10 an IRA. rlf'Sl conlacl an IRA SJ'IOns.or (usuallv .a rmanclalmslllUlton) 10 fmd out hOw 10 1100vc your paymenl moJde lfl a dtrecl rollover 10 an IRA, Sf!e IRS PubJlcahon 590 101 more Informallon on IRAs (mcludlng IimllS on how ollen you can IOU Ovel llf'twecn fRAsl Dired Rollover to a Plan. If you alc employed by a nevi employel Ihal has il qualllled plan, you may choose a d.recl ,0Uovello lhal plan only IIIl ~I accepl your rollover. If your nevi employe(s plan does 1'101 accepl 0 ,anovel. you can choo!o,' a dlll'Cl roHover 10 an IRA DHect Rollo~er of a Series of Payments. If you lecelV~ chg,l.le 'ollovcr dlslrlbuhon!o Ihal ar~ paid In a sellC$lor les!.lhOln len 'f'Ca'S, you. chOice 10 make or nol make a dlleel rollover for a paymenl will applv 10 a!llalcl paymenls III Ihe sellC!o unlll you changf' your cicCI Ion You arr free 10 chimge your eleclion lor any lorler poIymenl m Ihe GClles PAYMENT MADE TO YOU Mandatory WIthholding II anv J'IOr1lOn Ollhe p;lyOll.'nr In you I:". an ,.1I9Itlll' 101lO~l't dlSllllluhon. 1I1l' Plein It. It'qullt!d bv I~w 10 Wllhhold ~Os., ollhOlI amounl ThiS amounl 110 Sl'nllo Iht> IRS a~ IOCOOll' la_ wllhhnldml; Fat e',Hnplt' II 'ow dlllll,I.' W!lOV"1 dl!.ll1hulton I!. S 10000 only $8,000 WIll br p"ld 10 you becaufo.t' Ihe PI.IO musl v.nthhold $~ .000 for lflconm 1.011 HOWi"Wl'l. v..hl'l1 yOU flll'PellI' VOU' meuml' 1,1' 1!'luln lot Itw veil!. you WIlt rl'pOlllhl.' rull $10 000 as a paymenl from lhe Plan You Will repor1 tllf' $~,OOO as lal v.nlhheld and II vl1l1l.Jt' Cll'dr1l'd a!hlm~l ;H1~ Itltllll'I'I,H VOL! OWl' 101 Ih(' YI~,lf Withholding on Olstribultons. or Employer Slock InUlIIII' 1.1' \IOIIhhol(ll!..ll~ hm'Il'd 1" Ih,' L.I..h porl'nll of 1l11' l11!.lIlbuholl vmt'n c~!oh and rmployel fotock all! d'slnbured Income 1.10 Wlthhold'I1!II!> nOIIl.QU1II'd 1('11 dl!>IlIhu',on.. {'on!.,~,rHHI :.' ",,1'1' Oll'fllplov..' !.lol k Volunlary WIthholding, II any J'IOr1lon or YOUI pil~Olcnll:. flO! ,HI "11!l1hh' lollow! 111..IIIhllt,on !,ull!.ldlahl,. !tit' Ol.mddtolv wlthholdlny ,ules. descllbed .bove do nol apply and you Oldy t'1(KI nollo have W1lhholdmn al'llt~' tn Ihdt 1"II1'nn Slxty-DolY Rollover Opllon. "'1'011I ,'hO'bll' lollovt" fl,!.IIII,ulinl1l'. p,lId tn Vou I! ,'.1111"' ~ut,"'d Illlll,.,nd.llnIV 1';llhllul(11<19 iltld WtIlI1(' lOlled In Iht' y.,al you leeetv8 II unleu, yolllOlI ovel all 01 pclr1 011110 un IRA 01 ;lnOlh(', ..mpl'lv," pl.HI Ih.l~ .l~ I "f'l'. hlllt'H'I!, 'rou musr makr fhr rollovrf Wlthm 60 l1'ys .Nrr you ~~M Chr p.ymcn!. Th,. pOll1on olyoul p.l)'mt'nl Ihilt I~ Itlllt.d (In.t WIll IIot 1,,'ld...<l unlll \rou I.)~," IlllUl 011111' IRA IIlftlt' t>mplnYI.t plitn A loIlovt'1 ma~ allecllhe SpeclOll Tal Tle.almrnl d"~cllbcd bdOoc\ You Ciln 1011 OWl up 10 l00~, (ll tilt" ,'I.p,I,ll' lollo.t" dIMnhU"OIl mrtudmq illl anmunl ('Qual 10 Ihf> ~O'\" Ih"t was. Wllhheld II you choo!.c \0 lOll (l~t'l 100',,~. vou must fmd oHIt" mont.~ 10 Icpl.lu' Ihl' ~O', 111;11 \",',1" \'''1111111'111 On lh.. 0110"1 h.l'ld II you roll OWl ant.,. Ihe 60' lhal you receIved. you v,,1I be tolll'd un ltoe ~o':-, Ihal W"!. w'lhheld Addlllon.1 10.,. T.. It You AI. Undel AQf! 59 11': II you It'l "'HO a p.l"nwnl b.'luII' "nu r"ellh '.~ll' 59 1 ':: oInd Y"U do nollOlI It oYl'l. Ihen, 10 addtllon 10 legular IIIcom(' 101. vou ",OI~ l1..vf' 10 p.I" tin ,'I11iJ 1.11 eqUolllo lac.., ollh,.. l.II.IIlII' 1'011'0" III trll' flolvmt'nt Th,. 10~ 101' dnt'!o nol <lfllll" It, YU\JI pdvmenl" IllS. paid 10 you (1) brc.olU!oI' you ",ep,llate horn "'''''''''1(:1' Wllh '(Ow ('mplovt'I du'm!) Ot .Ill". lilt' '1'1'.1' V"U 11..teh il9" 55 (:1 duf' III YIlU! tnt..1 iJnd pot'lftld""nl d'~IHhtv, (3) alo equal (or almo~1 t"qlJoIll JMvml'nl!o OWI't '1'011I loll' t1I foil' t"fw'rl,ltlCy (Ill VOUl .IIHI ~(\,Jt 1"'''I'f" 1.11'1''' 1"'1'" tII 1111' t'lflt"cl,It1UI'!ol III 14\ 101 (t'lt.llUl nwolL.1 "11"'l\iIot'!. SfHI IRS FOlm5J:'9hl! mOll'tIll11lm,lllol1 15"- EIC". Talon Elcell P.ym.nt, A 15", ""CO!>t' lei' I~ Itl1llO'>"" {1I1 YIlW ,1l/ll'''!I,IIt' .1nnu.rII1,lvml'nl!.I'olTl alt QII.lliI,t:'c1 1,1.ln..al1d IR.e.!.lIl fI_CI'Sh oj S150,(X)O II you "II'cl ~f"'l ',II T i10 llr.l!nlt'nl \!ol." h..II'...' fl1' lump ~urll Il,..I"I"I''''n' .. ~ ~5:' 000 1"'"1 .11'plo,.!. (" 1'1'1..111'. !l1.1\ .IPI,I~ It VUII f'1t"'-h.,j .1 h;;rn~,ll()n 'ulf' (In yout 1.11 If'hJln "h'" 11,1 ,11.!l..lIlt' V...1f t'll,lmlj I,,'h.lt' 19~9 Employ.' Slock 0/ S.culllles. 11"'11' I~,.I !.PO" ,.11 "lit' I,,, .11',I,,,,,'''! 1""".11'1,1" Ih,I' ",,1,1010", 1'll\1'h''('<'r .,1," ~ An, Ill'! Ull"..ll,..."\l .11'I'lt' ,.1"011 (1Ill' "t" mrlflOlM' mlll" \dlul' {,III". ""ll'jOVI~t ."IlIl.~ v,1lOlI' 11 ~.,.r!. 1",1(11" Ih.' PI,.'" un., h""I. .,11111 ,}",!"t",I,o" III .111'1' 11,'1 un't'.lll:,'!l dlll""l lol!'''tl I'll ,""If,I,,,,,,., !olr'r~ .11ltluul.rt\lt' 10 yout 01/11".1,1' .. (Inll,IJIII,,1I1.. IHd" ht. I'll twlt...l h'I'" 1,1I..11I1' 11\, ,'!ll" (llll,! _"l; ....:. 11", ',1,,< k 1 to.. !o"...~ I,m hHI,,,'l .1"1 twt WH.'.IIo:,.,l .II'I'I.....'.ll,Ufl' (..r" tw. lotlt!oJ o.el Inlo i1IlIRA Il' I" clf'l)lht'l t-rHph'y'" Illj.l!lf".,llllell1 ..,I h.', m .1 (1",.( 1 t"II(11<,'r (" ,I "dl'I~"1 11,.11 V"l! m,.,~,. '\1(10'....11 ""~"''M!''''''~' N....... ".,' ,", ....,. ........."... ",. ''''ECH'''N ItS. J 0Il~..n"7,--p~""'~"w",",.'''---r''-''-'",,,,~, iI"~I"""" ,-" ""- ....',.- '---~".'.''''.,..._~~' -~,.,..,.~.'.;, .4'~;'-'-''''''-'''..~1-..._"_\_ " A-t. 055 -- >. ..'''-'......-'....'l'. .{, '''-',-.' ......f'.,.,-_., """"-',' - --, _." .. .. -".-,,,'-. _."""., ...", ,. ,. ....... /. ._".".c~,-_." ,",",', t..' ''''J; '" ....... .. f.ff'T(. -',. --, -t',-' .... " -," .",- '... ~'!:;\i .. .. . 1:- ,- ,.~.,.:.". "~"'--" .' ... .~ ,..,.~. -'-"" ,.~..' ~-,MC ,-" m, d_._:.? '<:"-i'.?;,;~!-:.""'~{ft~'[?:~~6},-1;'~'t~J~:kr;:;'~j'.":.__:-~-.'~' '-_~ t_~ ':_~'~~":"\ ..;..-./S\'.!,-~b{.t,,i:',~';':'~, ,.'~i~b;:;'.~:~;;;t:;;;;( ',I,i, '; -~ 9.' 'srf"v ," "f;.JIANlC.S.URG.I!A.".'l,7055i.....,.,.., O'''~'''.'''''i".. . .'. ,'" . '....., ". ,.. ';('<rL"."...",..".. ",""J...<~,~rlJ ~-.",.'f. -. -.,' ~~'--''i., -:,'-'E' - -":< ---'-~V~~.0J~:;<.L-::~~~:_~: ;.': c.:,. \ -' -=_~<~: >~.'.-~:';r~.\;~,>:._:,:~;;;~:~~~.~-~.:r?;t~f:.:.~ ~'j-Jl),l,lp.~~~;~':~.~!l6'9,. ffr.tJ{~ft~!}!;t:H~.~:~, ~ - " &"ffl~r', "'" .."....c..,!}l Andrew C. Shf'ul1'. f;~\(lllip: 127 S. HIlr}o:e1_ :~'.l..t~t P.O. (lox 9~', Hoctvmicsbup). I'A 1"O~~, PA 101m. b24t>'1 717-697-7050 (Phone) 717-697-7065 (r~X) KYM L. SHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CGUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. SCOTT C. SHREINER : 97 - 3478 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S PRETRIAL STATEMENT Scott C. Shreiner, Defendant, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Pretrial Statement pursuant to Pa. R.C.P. 1920.33 and respectfully states as follows: Plaintiff and Defendant were married on September 18. 1982. Plaintiff is Kym L. Shreiner. Plaintiff's date of birth is October 15, 1958. plaintiff graduated from Mechanicsburg School in 1976. She has no college education. Plaintiff obtained employment in November of 1981 \oJith IBM and has continued to work as an IBM analyst through the present date. Plaintiff has acquired substantial assets related to her employment with IBM, including a pension, tax deferred savings plan, stock and health insurance benefits. Plaintiff's gross income is estimated at $60,000.00 annually. Plaintiff has health insurance through her present employer. IBM. Plaintiff has no remarkable health conditions. Defendant is Scott C. Shriener. Defendant's date of birth is June B, 1956. Defendant graduated from Mechanicsburg High School in 1974. He has a two year certificate degree from Williamsport Area community College where he obtained a degree in Plumbing and Heating. Defendant worked as a plumber/HVAC laborer and installer for his father's family business, Shreiner's Plumbing and Heating, since Defendant's graduation from high school. Defendant's annual income approaches $27,000.00. Defendant is dependent upon Plaintiff for health insurance. Defendant has no remarkable health conditions. The parties have no dependent children and there are no children of this marriage. plaintiff moved from the marital residence in late May of 1997 and has been residing with a male friend since separation, thereby sharing all of her living expenses. Defendant has been residing in the marital residence since separation. Defendant has been maintaining the physical condition of the marital residence since separation, including paying the mortgage on the marital residence. The present mortgage payment is $504.26 bi-weekly. The mortgage on the marital residence will be satisfied in May of 2000. A list of marital assets and liabilities is set forth below. In March of 1999, Plaintiff entered the marital residence and removed a substantial amount of marital property without the consent of Defendant while he was on vacation. Defendant reserves 2 , , 10. 1994 Ford Explorer $12,000.00 1986 Chrysler Laser $1,000.00 1986 Ford Hustang $1,000.00 1991 Ford F - 250 $5,000.00 1966 Ford Hustang $20,000.00 1976 Ford Cobra Non-Marital 6. 7. 8. 9. 11. 12. Ladies 14K yellow gold twenty (20) diamond semimounting. six (6) baguette shamped diamonds and fourteen (14) full cut diamond melee weighing a total of .50 ct. (Bash Jeweler's Appraisal) $ 1,495.00 13. Loose Diamond Marquis shaped diamond weighing approximately 2.26 cts (Bijoux appraisal) $ 9,000.00 14. Ladies 14 ct. Yellow gold engagement ring, consisting of a six prong mounting, with diamond of approximate weight of 1.79 ct. The diamond has a spread table with medium girdle. (Per New York Diamond Exchange) $10,200.00 15. 14 ct. Ladies Diamond Tennis Bracelet set with round brilliant cut diamonds weighing approximate 3.5 cts. and one pair 14ct gold earring set with round brilliant cut diamonds weighing approximately .15 cts. $3,800.00 18. Pendant (14K) gold 19. Pendant (10K) gold $3,000.00 $ 780.00 $ 600.00 $ 150.00 16. Finish Raccoon Fur Coat 17. London Blue Topaz both names at the present time with an estimated current value of approximately $20,016.00. If such stock was liquidated, such liquidation occurred without Defendant's consent and Defendant will claim that such liquidation constitutes misappropriation/dissipation of marital assets. ii ( 20. Fourteen (14) karat gold ring/earrings 21. Misc. other jewelry 22. Bedroom suite (Master Bedroom) 23. Table Lamp (Haster Bedroom) 24. 2 pictures (Master Bath) 25. Wicker Basket (Haster Bath) 26. Wicker Hat (Master Bath) 27. Towels (Linen Closet) 28. Linens (Linen Closet) 29. Bedspread (Linen Closet) 30. Freezer (Basement) 31. Refrigerator (BaSement) 32. Chair and Table set (Basement) 33. Christmas Decorations 34. Assorted Decorations 35. Upholstered Chair (Basement) 36. Two (2) black rockers (Basement) 37. Miscellaneous kitchen gadgets (Basement) 38. Pink dresser and nightstand (Basement) 39. Three (3) assorted stands (Basement) 40. Washer (Basement) 41. Dryer (Basement) 42. Metal Dog Crate 43. Hoozier Cabinet (Kitchen) $ 3,800.00 $ 5,395.00 $ 1,000.00 $ 30.00 $ 20.00 $ 15.00 $ 10.00 $ 60.00 $ 40.00 $ 50.00 $ 120.00 $ $ 75.00 $ 150.00 $ 100.00 $ Junk $ 100.00 $ 100.00 $ 50.00 $ 60.00 $ 200.00 $ 75.00 $ 45.00 $ 650.00 iii 44. Stove (Kitchen) 45. Microwave (Kitchen) 46. Refrigerator (Kitchen) 47. Dishes (Kitchen) 48. Silverware (Kitchen) 49. Utensils (Kitchen) 50. Pots and Pans (Kitchen) 51. cups and glasses (Kitchen) 52. Telephone Answering Machine 53. Four (4) Antique Oak Chairs 54. Blue and White Granite Ware Collection a. Nest of six (6) bowls b. Large Coffee Pot c. Small Coffee Pot d. Colander e. Set of four (4) cups f. Large Ladle g. Small Ladle h. Two (2) Ladle strainers i. Milk Bucket w/strap handle j. Gravy Boat k. Pot w/wire and wood handle l. Large flat bottom colander m. Rectangular cake pan iv $ $ $ $ $ $ $ $ $ $ 50.00 100.00 60.00 40.00 40.00 100.00 80.00 70.00 400.00 $ $ $ $ $ $ $ $ $ $ $ $ $ 450.00 225.00 190.00 275.00 300.00 50.00 75.00 220.00 325.00 425.00 65.00 175.00 75.00 n. Dipper $ 80.00 o. Kerosene Heater $ 120.00 p. Large basin $ 70.00 q. Chamber Bucker $ 195.00 r. pottie $ 120.00 s. Two (2) dinner plates $ 90.00 t. Two (2 ) coffee cups $ 170.00 u. Gne (1 ) coffee mug $ 80.00 v. Water pitcher $ 160.00 w. Berry Bucket $ 250.00 x. Pot w/lid and wire handle $ 120.00 y. Doubler Boiler $ 175.00 z. Washboard $ 110.00 aa. Tray $ 120.00 bb. Funnel $ 90.00 cc. Hug $ 140.00 dd. Two (2 ) Pans $ 100.00 ee. Two (2 ) Plates $ 80.00 ff. Strainer $ 25.00 55. Two (2 ) sets antique place settings $ 60.00 56. Nest of Yellow Ware Bowls $ 200.00 57. Yellow Ware Bowl w/lid $ 60.00 58. Four (4 ) Yellow ware bowls $ 100.00 59. Stove Burner Covers $ 15.00 v 60. Antique Chopper 61. Antique corkscrew 62. silk Tree (Plant) 63. Table (kitchen) 64. Miscellaneous Decorations (Kitchen) 65. Two (2) silk arrangements (Main Bath) 66. Shower Curtain (Main Bath) 67. Rug (Main Bath) 68. Desk (Office) 69. Chair (Office) 70. pictures (Office) 71. Box spring (Spare Bedroom) 72. Round Table (Spare Bedroom) 73. Stereo/CD Player (Family Room) 74. Receiver (Family Room) 75. Speakers (Family Room) 76. Compact Discs (Family Room) 77. VCR (Family Room) 78. pheasant picture (Family Room) 79. Two (2) Oak Chairs (Family Room) 80. Four (4) Bar Stools (Family Room) 81. Golden Retriever picture (Family Room) 82. silk Flower Arrangements (Family Room) 83. Liquor Decanters (Family Room) vi .', $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 40.00 35.00 25.00 200.00 100.00 25.00 40.00 20.00 lOO.OO 40.00 60.00 Junk 60.00 125.00 150.00 175.00 100.00 175.00 150.00 150.00 200.00 150.00 80.00 60.00 107. 108. 109. 110. l1l. 112. 113. 114. 115. 116. 117. 118. 119. 120. 12l. 122. 123. 124. 125. 126. 127. 128. 129. 130. Antique China Closet w/beveled glass Victorian Love Seat Coffee Table, carved base w/marble top Swan picture in Antique Frame Havalor China Set and misc. pieces of cut glass Antique Ebony Clock Mahogany Table w/ drawer Silver Candle stick holders Floor Lamp Two (2) Victorian Chairs w/upholstered seats Mahogany Butler Table silk Plants Bed spread Table (night stand) Brass Table Lamp Alarm Clock Gold Chain Two (2) green and two (2) maroon towel sets Tissue box cover picture of Dog Couch Two (2) beige recliners Gne (1) blue recliner Two (2) bar stools viii $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 8,000.00 400.00 600.00 100.00 1,000.00 400.00 250.00 150.00 70.00 400.00 250.00 40.00 40.00 40.00 40.00 25.00 400.00 30.00 10.00 10.00 700.00 350.00 100.00 100.00 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. l41. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. cherry Entertainment Center Antique Chest wig lass top Set of Fostoria Glassware Assorted Glassware Three (3) brass wallplates Angel picture picture in brass frame Crystal Bird Candy Dish Bar refrigerator Two (2) base speakers wicker Couch Two (2) silk trees Round wicker stand Desk Chair Large picture of dogs with sled Print of four (4) stages of a golden retriever Trash can Towel Tiffany Light Mickey Mouse Antique Train Color TV (19") Antique Desk Mattress $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ix .' 800.00 250.00 450.00 125.00 80.00 60.00 20.00 100.00 l50.00 250.00 100.00 60.00 25.00 150.00 75.00 60.00 60.00 15.00 5.00 400.00 300.00 150.00 200.00 50.00 ~ (3) Witnesses for Defendant (i) In addition to the witnesses listed above, Plaintiff reserves the right to call all necessary witnesses as deemed appropriate, provided sufficient notice is afforded to plaintiff. Defendant reserves the right to obtain a recent appraisal of the items of personal property if such can be made available by plaintiff for an appraisal in the event that a stipulation cannot be reached on the value of personal property. In addition, Defendant reserves the right to call any and all relevant witnesses including the following persons: Charles Shreiner - 408 E. Green Street, Mechanicsburg, PA Jean Shreiner- 408 E. Green Street, Mechanicsburg, PA Don McHale - Mechanicsburg, PA Marilyn Shireman - Mechanicsburg, PA 4 Conrad M. Siegel, Inc. Actuaries/Benefits Conrad M. Sir:gcl. F.S.A. Harry M. LcI~ler. Jr.. f.S.A. llrian S. Sann. r~.s.^, Clyde E. Gin~rkh. F.S.A. Earl L. MunllllCr1. E.A. Rol>cn J.llol.n. A.SA Ua'fid F. Slirling. A.S.A. Rol>cn J. Mrazik. F.SA UOlvid II. Killick. F.S.A, Jdfrcy S. Myers. F.S.A. ThollW L. Zimmcmt:l.n. F.S.A. GleM A. Hafer. F.S.A. Kevin A. Em. F,S.A. Frank S. Rhode.. F.S.A.. A.C.A.S. Charles B. Friedlander. F.S.A. Holly A. Ross. F.S.A. John W. JcUn:y. A.S.A. Oenise M. Polin. A.S.A. Richanl C. Smilh, A.S.A. Thom;u W, Reese. A.S.A. Janel M. Leymeisler. CEllS 500 N.ltionwiclr Dri\'r l~ 0. Bnx :J!){I{1 Harri,hurg. PA 1711l1-:J!)1II1 (717) li52-5li:l:l E" (717) 510-91111; March 11, 1998 Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Re: Kym L. Shreiner Dear Mr. Sheely: You provided me with the following information concerning Kym L. Shreiner: 1. Date of birth - October 15, 1958. 2. Date hired - November 9, 1981. 3. Date married - September 18, 1982. 4. Date separated - June I, 1997. 5. Accrued monthly pension under the IBM Retirement Plan as of June I, 1997 - $603.25 per month to start at age 55 or $903.09 per month to start at age 65. 6. Account balance under the IBM Tax Deferred Savings Plan as of May I, 1997 - $86,131. Currently, Kym L. Shreiner is 39 years of age (age nearest birthday). IBM Retirement Plan The IBM Retirement Plan is a defined benefit pension plan. As previously indicated, Kym L. Shreiner had earned a pension as of June I, 1997, of$603.25 per month to start at age 55 or $903.09 per month to start at age 65. These are the benefits that would be payable in the event that her employment had terminated as of June 1, 1997. . The pension benefits mentioned in the immediately preceding paragraph take into account .86 ofa year before the date of marriage Therefore. it is necessary to multiply by a "coverture fraction" in order to determine the portion of the pension earned during the iO"\~ Conrad M. Siegel, Jne. ~. Andrew C. Sheely, Esquire March 11, 1998 Page 2 marriage. The numerator of the "coverture fraction" is 14.70 (the years from the date of marriage until the date of separation) and the denominator is 15.56 (the years from the date of hire until the date of separation). Thus, the "coverture fraction" is .94 (14.70 divided by 15.56). The portion of the pension earned during the marriage is $567.06 ($603.25 multiplied by .94) to start at age 55 or $848.90 ($903.09 multiplied by .94) to start at age 65. The following table shows the present value of the pension earned during the marriage: Pension Commencement Present Value Pension Earned DurinE! MarriaE!e Age 65 $28,736 Age 55 $40,620 Please note that the above present values are based on the assumption that Kym L. Shreiner's employment is terminated. It should be noted that if she continues to work, she will be eligible for full retirement benefits after 30 years of service or at age 53. For your information, I determined that the portion of the full pension attributable to the marriage which would be payable at age 53 assuming that she continues to work until that age is $765. The present value of this pension for commencement at age 53 is $62,886. The present values have been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 5.5% per year for 25 years followed by 5.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table, rated six years. IBM Tax Deferred SavinE!s Plan The IBM Tax Deferred Savings Plan is a defined contribution plan. As previously indicated, Kym L. Shreiner's account balance under this plan as of May 1, 1997, amounted to $86,131. The figure that is marital property for divorce purposes with respect to a defined contribution plan is the account balance on the date of separation accumulated with investment results only from that date until the date of settlement. The information you provided concerning Kym L. Shreiner's account balance under the IBM Tax Deferrcd Savings Plan indicatcs that 77.:!% of the account was invested in a large ~ Conrad M. Siegel, Inc. ~ Andrew C. Sheely, Esquire March 11, 1998 Page 3 company index and that 21.9% of the account was invested in a small company stock. The equities market has been strong since May I, 1997, having increased by about 25% since that date. Accumulating the account balance as of May 1, 1997, of$86,131 with investment results of 25% provides an amount as of the current date of $107,664. * * * If you have any questions, please call. With best regards, HML:kad Yours sincerely, /. 0)/ (J~/) ! . U- i W'--l I) Harry . Leister, Jt,. F.'S.A. Cons lting Actuary ,- , Jun 4. 1997 Dear Ms. Shreiner: Thank you fo~ using the IBM Retirement Plan Benefit Estimation System. The estimate format Includes: the Pension Credit formula, the "transition" Retirement Plan formulas. and a feature that projects your TDSP balance. If you haye questions regarding these formulas and features. please refer to the booklet entitled "About Your Benefits: Capital Accumulation, Retirement and Separation.. While reviewing your benefit projection. you should keep in mind that ynu will continue to accrue benefits under the transl tion core formulas (as specified in the transition) until year end 2000. At that time, your benefit under the core formula will be fixed. This means your actual accruals under the transition core formulas as of year end 2800 become your minimum retirement benefit. You received a final allocation under the Personal Retirement Proylsion at year end I994. After 1994, your PRP balance will be credited at 4% interest annually. The Pension Credit formula uses earnings starting In 1995 to calculate your benefit. For example, your fiye year average at year end 1997 will be calculated by adding up your earnings in 1995, 1996 and 1997, but still dividing by 5. For many employees, this formula will not represent their highest benefit for several years. ~ Your reti rement benefit will be the greatest of the amounts generated by the transition and Pension Credit formulas. lhe transition formula will produce your retirement benefit until the amount provlrled by the Pension Credl t formula at your projected reti rement date ,.. . ...15 the amounts generated by the combined valne of the Core formula and your PRP annuity. lhis comparison will continue for as long as the t"..itlon formulas produce your highest benefit, even after the yeal , .I~ if necessary. For your convenience, the Oenefit Estimation Sysl"~ that' projects your TDSP balance to the date of n'l . an estimate of your Social Security benefit. I 1. Assumptions Used in This Estimate ". ]lIrles a feature '. along with Date of Separation Joint Annuitant(Spouse) Date of Bi rth Joint Annul tant Percentage Continuation Will PRP Be Paid as an Immediate Lump-Sum Future Average Annual Salary Increase TOSP Employee Contrlhution Percentage TOSP Assumed Rate of Return Percentage 06/01/1997 06/08/1 956 50% No 0.00% 0.00% 0.00% 2. Employee Data Used in lhls Estimate 8asic Employee Data Name. . .. . . . . . . . . .. . . . . . . . . Serial Numher............. Date of Birth............. Service Reference Date.... Pension Reference Date.... Vesting Reference Date.... PRP Balance on 12/31/1994. Current Monthly Salary... TDSP Account Balance ..... TDSP YID Contribution .... Age as of 06/01/1997 ..... Service as of 86/01/1997 . Ret I rement Earnings IIlstory Shreiner 486022 10/15/1958 11/09/1981 11/09/1981 11/09/1981 4,378.79 3,952.00 . 86,131.29 . 2,374.83 . 38 Yrs 7 Mths 15 Yrs 7 Mths 1985: 1986: 1987: 1988: 1989: 1990: 1991: 1992: 1993: 1994: 1995: 1996: 1997: $23,458.68 25,178.66 27,354.47 29,561.95 34,896.46 39,Oll.08 38,262.71 38,542.68 48,545.37 48,850.04 44,510.19 48,194.14 19,790.24 · · As of 05/01/1997 Note: the calculations of your estimated IBM retirement 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. IBM provides this Information as a conyenience. The preparation and furnishing of this retirement estimate is not deemed a guarantee of benefit or of continued employment for any period. It is simply an estimate of possible retirement 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 retirement 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 be brought to the attention of Retirement/Transition Services at 1-800-796-9876. Page 2 1 3. Monthly Retirement Benefit Payable (E97.05) Single Life DnIy Option At heneflt commencement yon will receive the qrr"'~r nf: If Payment Begin Date is -> Age 1. Pension Credit Formula 2. Transition Formula a. Core Benefit b. PRP as an Annuity c. Total Currcnt Formula 06/01/1997 11/01/2013 11 /01 /2023 38y 7m ~I~Y Om 65y Om 137.50 361.39 52 I. 88 61. 32 ~26.65 752.35 f 24.39 f 76.60 I 150.74 ------------- ------------ ------------ 85.71 603.25 903.09 13 7 . 50 603.25 983.09 Monthly Benefit · . Yonr estimated PRP balMce of 4,813.57 as of 06/01/1997 has becn converted to a monthly henefit and is included in these amounts. lax Deferred Savings Plan . Estimated Account Balance on 116/01/1997 86,131.29 SO.. Joint and Surylvor Re9ular Option If Payment 8e91n Date Is -> 06/01/1997 11/01/2013 11/01/2023 IBM Retirement Benefit to Employee 134.06 568.99 825.70 IBM Benefit to Joint Annuitant 67.03 284.50 4t2.85 50.. Joint and Survivor Restore Option If Payment Begin Date is -> 06/01/1997 11/01/2013 11/01/2023 IBM Retirement Benefit to Employee 133.91 565.12 811.88 IBM Benefit. to Joint Annuitant 66.95 282.56 405.94 Page 3 1 4. Details of Pension Credit Formula ([97.05) Years(s) Age(s) Eligible Eat"n I ngs Base . Points Excess . Points 1981 - 1987 Under 30 N/A 43.17 0.00 1988 - 1992 30 - 34 N/A 43.50 4.25 1993 - 1994 35 - 36 N/A 21. 76 3.25 1995 37 44,510.19 12.80 2.00 1996 38 48,194.14 12.00 2.00 1997 '39 23,742.24 4.97 0.83 -------- ------- Total 137.40 12.33 finalS Year Aye rage Pa)' 23,289.31 Estimated Snci.ll Secllri ty Covered Comp'~nsa' i.'" 64,70Q.00 Excess Final 5 Year Average Pay 0.00 Base Excess Total Final 5 Year Average Pay Points 23,289.31 138/100 0.00 t3/100 23.289.31 N/A x x Total 32,139.25 0.00 32,139.?5 Conversion Factor / 5.132 Age 65 Annual npnefit 6,26?52 Age 05 tlonthly Oruelit 52l.A8 .. 0,151:' and excec;s points prinr to IQ9S are grolll'pd rllr f.itrh (lqP cill('gory. - -' ::.== , = =-= =-= .E.....:::-=~L -- - . -; Tax Deferred Savings Plan IBM Corporation and Affiliates Account Statement First Quarter, 1997 Pas< /of.(; o.eloool 0lJJ '}oU SHREINER, KYM L 293 SHERWOOD ORIVE CARLISLE PA 170]3-9050 SSN: Soria I Numbor: DIvision Cod.. 1a1.S2.627S 486022 23 H_ tmJI qumioru _yo...- _ and IlsjbmuzJI Ca/1 tho 7DSP:;nw. Cnmr at /<IO().726-/1JOO and _ aftw SIaUmmt Gui<U Brochurw. noGui<U crpIahu 1M InfomuUlc1l th4t Is conJaIn<<J In 1M var/otu s<<fions of yo...- TDSP _and am b.Jpyou /0 _yo...-In_ progrus. 04,51CXl)! "'" l71IOJ 1DSP _ R.pra~ aroa/soa..._ ro asnssyou If you ba".sp<<i/kqoustJons "B'"dlngyour_ _ R.pr<uns4lI.... tHY ~from Bam /oBpm&stlm T'-.llondaytbrau&bPNday. crbJdlngbo/JdqyJ. Summary of Your Account Account Market Value Fund Investment Opening Addltlonsl Investment Closing Election Balance Subtractions GalnlLoss Balance (%) (5) (5) (5) (5) 50 59.785. '4 1,200.17 1.543.93 62.529.24 0 18.525.46 0.00 -805.37 17.720.09 50 141.34 1,200.05 -20.85 1.320.54 ~- 100~~ 578,451.94 52,400.22 $717.71 581,569.87 ~ Company Index sman Company Stock MOderate Lsfe Strategy Total Market Value Asset AUocatiotl of Funds 11!1 0.4'. o 0.2~. ~ n.3% o 21.9% [] 0.2% Fixed Income Total Bond Market Large Company Index Small Company Stock International Stock /'UQ.u nOI<<.I/)'O&I a,.. 'nvesud ~n any ofdu Lif,StTaUgy Funds, rb, ...uset AllIXaNonfor rhes'funds ts sbou'T1 hi In'nU OftM undn1y1ng romponmlS (OIMr 1DSPtnwstnwrl, opttcns) that mak, up tMuftmds. Forc:amp14, if you art tnvesttd 1l1O" 'n 1M Co1uft'l.lQtlw Lq,Strategy Pund,)'OIU'a.su1 _ ""'"'" bubownasfollaws: 23!io Unx' Comp<>ny/nda. 7!io Small Company Stod:. 10000/n",""",onaIS/oddO"-Pb:<d/""",",aoul /0"- Total lkmJ Marltrt .., _;":",~'~\,::';;);,;,,,.:..7'';':'''~.u'..i\..:. ;.,:.,_-r.... !:;';~ot,_ . = -:-..:.-::: TllX Deferred Sllvings Pllln :. ~ === ===-= r =; IDM Corporation and Affiliates Aa:ount Statement First Quarter, 1997 P4g< lo/, 6 0(510001 OOJ 'w SHREINER, KYH L 293 SHERWOOD ORIVE CARLISLE PA 17013-9050 SSN: Sortal Number. Dlvlllon Coda: 181.52.6275 486022 23 _....,.qumJoou _your__ ttsft>mWI o.a tlH lDSPSnvIa CmurtJt 1-8O().726-IOOO_roqwtt4frwSltJt#rn#nlGuid4BrocItIaY. 111< Guid4 apl4hu tlH InjormtUtcn lbat u con/iIIMd In tlH various uaknu of your 1DSP _ _ _1HIp J'O" 10 ,""""""your In_ JWr1IrWD. 7DSP_RIfWU__tIlsoa_Io-J'O"/fyoubiJ...~~rrgardJngyour- _R.preurwlIvcs_ -from B 4m IoBpm /'Jlskm T/mI, MoMizy tbrou&bPrld4y, arWdtng bolld4yt. OoelOl):)I OCQ 1710O Summary of Your Account Account Market Value Fund Investment Opening Addltionsl Investment Closing Election Balance Subtractions Galnlloss Balance (%) (S) (S) (S) (S) 50 59.785.14 1.200.17 1.543.93 62.529.24 0 18.525.46 0.00 -805.37 17.720.09 50 141.34 1.200.05 -20.85 1.320.54 .- 100% $78.451.94 $2,400.22 $717.71 $81,569.87 Large Company Index Small Company SIOCl< Modomte Life Strategy Total Mar1<el Value Asset AUocation of Funds iii 0.4% Fixed Income 0 0.2% Total Bond Market I!l n,3% Large Company Index 0 21.9% Small Company Stock [] 0.2% International Stock _ rlOU./fyoU 4" In,...ud I. 4")' oflb< Uf.Str4kgy Pomds, Ib< oWet AlJo<:4_for _.funds Is shown In /emU oftlH undmy/ng ~ (otber IDSPlnr.oestmm/optkms)tb4/maJt. up _.funds. For=mpk, If you 4" Inverted 1t}{W. In tlH Omurw_ Uf.Slr4kgyFrmd.your.uut _ would bo sbown ..follows: 23" lAr1Ie Comp''''J'IruJc, 7" Small Comp,,,,J' SIOCk, IO%/~ SIod:, 50% PU:ed Inromu'ld 10% Totol Bond M4rltet. ...... ......;;~~~~.~~.J~.Jiy,;.;j~."..:.. . . . 'f - - ~ Tax Deferred Savings Plan = '::-:.=== :===, -; IBM Corporation and Affiliates Account Statement First Quarter, 1997 Pall' 20/ 6 SSN: 181-52.6275 Account Activity This Period Activity Opening 8alaneo as 01 12131/96 Conlnllutions: Matched Delerrals Unmatched Delerrals Employer Match Invest'OOf1l Gains & Losses ClosIng Balance as 01 03/31/97 Amount 578,451.94 960.07 960.08 480.D7 717.71 581,569.87 '710' Summary of Account by Type of Contribution Year-to-Oate Inceptlon-to-Oate Contributions Contributions Total Market Category 01 Contribution (Gross) (Gross) Value Matched Deferrals 960.07 22.397.17 46.699.37 Unmatched Deferrals 960.08 8,808.98 19.305.69 EmpIoyef Malch 480.07 8,021.82 15.564.61 Total 52,400.22 539,227.97 581,569.87 Transaction Details by Fund - Large Company Index O&Joatve: Long.......growth OICDpUal uo/lba marlut rauolmumfrom a dl~groupollarg.and nudtum rompany common stocks. AcllvIty Opening Balance a. of 12/31196 Opening Period Unit Value Amount $59,785.14 10.5119 ContribullOns Matched Oeleffals 48006 48007 Unmatched Delerrals Employer Match 24004 Investment Gams & Losses 1,5.43.93 ~2.S29.2' 10.7915 Clollng Balance al 01 03(.]1/97 ClollrlO Period Unit Value .. O"'lf. ~ fir ',>n'CIf'\1 ~,HY' t..J CS07)A .:7_:....:- Tax Deferred Savings Plan .:...::.:--="f~ IBM Corporation and Affiliates . Aa:ount Statement First Quarter, 1997 P,,&' 301 6 SSN: 181-52.6275 Transaction Details by Fund -continued- SItfD1l Company Stoclt 0bj<<IJvC Long,..."growrb 01 cap/JtJJ wtJb a_ .-ofmumjrom a dWmIfI<<l group olmodbmt and _comptmyrommon_ Amount $18,525.46 2.SOJ4 -805.37 $17,720.09 2.3945 Actlvity Opening Balance .. of 12131196 Opening Period Unit V.lue Invostmenl Gains & L.csses OOllng BaLanc:e .. 01 03fJVJ7 Clollng Period Unit Value """ Moderare Life Straregy ACtivity Opening Balance al 01 12131/96 Opening Period Unit Value Amount S141~4 1.5257 480.01 Obj.atvc: s.cks to prowu __y blgb mums Q' Q rnotknzUrlsklewL 1b<ftmds targ<t_U 60% =cia""" 4MJU:<<f.Ibond" Matched Delerrals Unmatched Delena's "80.01 240,03 Contribuhons: Employet' MlItch lnYestmenl GAins & Losses Clollng Balance al of 03131/97 ctollng Period Unit Value "20.85 $1.320.54 1.5339 ~ Fund Performance Fund 3 Months YTD 1 Year 3 Year 5 Year (%) (%) (%) (%) (%) Money Matkel 1.33 1.33 5.48 5." '.53 Fixed Income 1.53 1.53 6.48 6.60 7.00 Totll Bond Matket -{)..2 -0.'2 NA NA NA I..atge Company Index 2.66 2.66 19.7' 21.99 16.66 SmaB Company SlaCk ......35 ......35 7.17 13.92 12.70 InlemalXJMl Stock -1.65 -1.65 2.35 7.79 NA IBM Stock -8.96 -8.96 2'.32 38.59 13.07 Income Plus U1e Stratew 1.19 1.19 NA NA NA Coo5elVawe L,Ie Strategy 0.90 0.90 NA NA NA Modetate Lde Stratogy 0.54 0.54 '0." 12.99 NA AggresslW Life Strategy 016 0.16 NA NA NA .oP\tUt DOle 3 moDtbt . 12.131196. 3/31197. YTD. 12/31/96 . 3/31197,1 YOl- 3nw96. ~/~1/9i,~Yeu. ",Oi/94. 3/31I9i.~Yeu. 4/02/92. ~/31197 .....,.O;.......j ."....J~ ~A!b.-..~lli;,.~~'~.~~Oihi:~:~~.:;"~\. ==::::6.== ~ ~ ;-.;; =---- --'- . Tax Deferred Savings Plan IBM Corporation and Affiliates Account Statement First Quarter, 1997 Pag. 5ctf 6 SSN: 181-52.6275 Statemel/t oj l'our llJM TDSP Accoullt T~ Inr.unllt and invealmonl ,nulll, reported as gllinlllnd IOfoses. reneel perfounance 0Vet' a relahvoly short period of lime. Since the plan IS deSIgned 10 .ncoo'. caprtallllCCumuLalion over lhe long lenn, partICipants should periochcally f~ tho objec1rves ollho investrnenllunds as slaled In the plan descrlphon .nd plMpedul with tholrlnvnlment gools 10 ensure ttMy are consistent. In't'dlto<<ll elections rOf cunenl comnbultons may be changed once dunng any pay pertod ttlloughout the year. Account balances may also be lr;lnshmed once dunng any dlllty valuaUon period. Part;cipanls exceeding eighllransfCf'S per year will incur a pfocessing lee 101 each addilionallf1lnsfer. To affecllhese changes, unpty Colli 1M TOSP SeMOl CenIOf aI1-800-n6-1000. Participants traveling Of/ivmgabroOdcancaU colJeCt bydJallng Q.61>333-9748. Empk7,oM ~r"" changeos elIn be made onty through your manager. Retiree address changes are made when you report a new address on lhe reverse side of 1M lIal.meffl of fethement benefits, Of by calling the IBM relirement payroll administralor, the Aalna Ufe InftOranco Comoany al: 1-aoo.344-31S1. Alltho'Se pef1.1C1J*lIS vhJ have ...petated from ISM (othef than felirees) can make changes by contacting the IBM Nalional Human Resource Service Center aI1-aoo.796- Ga7e 171lO4 Federal II/come Tax Implicationsfor Distributiolls This OOUCII ",mmartz.. ooly lhe Federal (not state alld local) lax rum thai mighl aPM 10 your poayrnenl. These 1lI1es are complex and contain many coodilions ."d nt:ept1OOS lhal .re not included in Ihis notice. TherefOfe, you should consu" with a professional lax advi$Ol before you take II payment from the Plan. Other iQUron of InformaUon (MICh as IRS Publication 57S-Perrsion IInd Annuity Income. and IRS Publicalion S90-1ndividu.a1 Reliremenl Amlngements) lire avadable from you' local IRS OfflCftOf by calling 1-800-TAX-FORM. PAYMENTS THAT CAN AND CANNOT BE ROLLED OVER In general, lalable paymenls from Ihe Plan a'.. ~oliglllle rollover distribulions. and can be rolled over. except. Plymentl Spfud ove, Long Periods. You cannot roll over a paymenl if it is part of a 5enes at equal (Of almosl equal) payments thai are made alleasl once a yur Ind hili lor: (1) your lifellme (Of hIe ctlpeClancy), (2) your Mellme and your benericl,uy's lifetime (Of life expectancies), or (3) a period of len years or more. "f<1ulrl'd Minimum Payments. Beginning in lhe calendar year you anain age 10 112 Of lho calendar year in which you retire. if Ialer, a portion of your paymenl c;annol be lolled over beCOu!t8 II is a "required minimum paymenl" thai must be paid 10 you. DIRECT ROUOVER Yoo can choo5e a direct roUo...er of all or any portion of your .eligible rolloYer dislribulion.- In a direct rollover. you ch()05oll the portion of the eligible rollover di'a1nbulion 10 be paid directly from lho Plan 10 an IRA or anothef employer qualified plan thai accepts roI1oveB. If you choosa a direct rollover, no income lax will be wnhheld and you will no! be taxed on iii paymenl unlil you lake ~ DOt of lhe IRA Of !he employer plan. A direct rolloYe1 may affect tho Special Tax Trealment dnCnbod below. The lax rules als.o provide Ihal you have alleast 30 days from lhe ~ you receive this notice 10 consider your decision Ywtlether or nollo choose . direct roIkMM 01 your dlslnbuhon. rr you elect to matle a direct rollover or have the P'o)'TMf\t rNde 10 you, you Jlre waMng the 30 d.y decision pefiod, and your payment will be made wtthout the 30 dAy period. Once the payment Is e6fded, you may not choose to reverse your decision. DUKt RoUover to an IRA. In Ihis notice the t~ ,RA" includes individual retiremenl ac:counls and individual retirement annuities. tf you choose 10 have your prtmenl made dlfectly 10 In IRA, fnt contact an IRA spon$Of (us.ually a rinancial inslitlllion, 10 rind 0lA how to have your paytnr!fIt made in a duect rollover 10 an IRA. S..IRS Publicalion 590 fOf more mfonnalion on IRAs (including limits on how oIlen you c=an rollover betWeen IRAs). OtrltCt Rollover to. Plan. If you are employed by a new employer Ihal has a qualified p(an, you may chooSe a direcl rollover to thai plan only if it \'o'I!,1 accepl your roIlovet. . your new empk)yef's plan docs l'\ot accept II rollovor, you can choose a direct rol1over to an IRA. .. ~rKt RoUover 0' a Sertu of Payments. If you receive eligible rollover distnblllions Ihal are paid in a series fOf ~s than len yeaB. your choice to make or 001 make. direct ro{kJver fOf a pIIymefll will a~ 10 alllalef paymenls in Ihe series until you change your eleclion. You are free 10 change your election lor any Ialer ~inlhes.eriM. PAYMENT MADE TO YOU M,ndalory Withholding. If any portion ollha pavmenllo you is an eligible rollover dlstnbulion, lhe Plan is required by law to wilhhold 20% of thai amount ThiS amounll$ sent 10 lhe IRS as income lax Wllhholdlng For elample. II your eligible IOllover dislnbullOn is S10.{X)O. only 58.{X)O WIll be paid 10 you because lhe Plan mllSl WIthhold 52.000 lorlfl,;ome tax. However. when you plep3re your Income laI return lot the year. you 'Mil leportIhe lull S10.000 as a pClyr,lenl 110m Ihe Plan You W1l1repor1lhe S2,000 as tal withheld and II WIll be CTedited agalnsl any income lal you ONe lor the year WIthholding on Distributions of Employer Slock. Income tal Withholding IS IImlled 10 Ihe cash portion oflhe dlslllbullon when cash and employer sloc'" ale dl!lolnbulOO Income lax WIthholding rs nollequlled lor dlslnbutlons conSlsllng 'Solely 01 employCf stock Voluntary Withholding. tf any portion 01 your paymenlls nol an eligIble rollove, dlslnbution bul is laxable. the mandatory 'MlhhOldlng rules descnbed above do not .pply and you may elecl not 10 have wilhholding apply to thai portion. . 5ikly..o.y Rollover Option. If your eligible rol1ove' dlstnbutlon IS paid 10 you. II will be sublect 10 mandatory 'Mlhholding and WIll be la:ted In the year you recel'o'e II unleU you roll ovef all or part of illo an IRA Of another employer plan Ihal accepts rollovers. You must malte the rollover within 60 days aNer you rKeive the p.ym<<lL The portion of your paymenllhat IS rolled ovef 'Mil nol be taxed unlll you take 11 out of the IRA Of lhe employer plan. A rollover may aftecllhe Special Tax Trealment dtlscribed tlekJw. You can loll over up 10 100% of the eligible rollover distribullOf1, includrng an amounl equal 10 lhe 20% lhat was withheld. If you chooW 10 roU over 100%. you m~t find olher mon~ 10 replace the 20% thai was Wllhheld. 00 Ihe other hand. if you rollover only the 80% lhal you received, you WIll be tilled on the 20% thai was withheld Addltlonll10"1. Tn t1 You Are Under Age 59 112. If you recel'o'e a payment belOfe you reach age 59 1/2 and you do no! roll it 0Yef. lhen, In addition to regular Inc.otM lax. you may have 10 pay an extra tax equal 10 10% of the taxable portion of lhe paymet11. The 10% tax does not apply to your payment if il is paid to you (1) beCause you separale from set'+"Cct \"lith your ernpklyef dUring or after Ihe year you reach age 55. (2) due 10 you, lotal and permanenl disability. (3) as equal (Of all'T1OS1 equal) paymenls 0Vef your hfe or life elpeclancy (or your and your beneflClary's lives Of tile expectancies), or (4) 101 certain medICal expenses. Sail IRS Form 5329 IOf more inlormatlOO 15% excise Tu. on E1.cess Payments. A 15% excIse lax is Imposed on your aggregale annual payments Irom all qualified plans and IRAs in excess of S15O.ooo II you elecl Special Tax Treatmenl (see below) fOf lump sum distnbutions. II $750.000 limit applIeS. Exceptions may apply if you ~ed IIlransihon rule on your 1311 return filed lac ..Iaxable ye...r ending before 1989 Emplover Slack or Securtttu. There IS a specIal rule lor a paymenl ham a Plan thaI Includes employef slock Any nel unrealIZed appleclahon (Ihe nel Increase In Ihe value ollhe employer slock while It was held by Ihe Plan) on a lump sum dlstnbutlOfl 01 any nelunreallled apPlllClallOn on employe! slock annbulable 10 youl ,jlleI4.u conl/lbuhons may be elcluded trom talable mCome unlll you sell the slock The slock (Including any nel umeah.zed apprecIatIOn) can be rolled over 1010 an IRA or 10 anothef em~oyer qualified ptan elltler in a direct rollover or a roUovellhal you make yourself '. -'- - - ---- - - --- ,= :-:. iEE ---..- ---'- s Tax Deferred Savings Plan IBM Corporation and Affiliates Account Statement First Quarter, 1997 PaS' 60/ 6 SSN: 181.52-6275 sp<<1.I1 Tax Trutment. A 1ump 5um distribution- may be eligible fOf special lax treatment A lump ILlm distllbulion il a payment. within one yea'. 01 your enlll. balance under the Plan (and certain other similar plans of lhe employe') which js payable 10 you because you have reached age 59 1/2 01 have separated Irorn MMce wflh your employer. In additton. you must have been II par1icipanlln lhe Plan fOf .. Seasl 5 yct<a~. Five-Year Averaging. If you receive a lump sum distnbution after you are age 59 112. you may be able to make a one-hme eiedion to UN 5-year averaging. ., You Were Bom Bef'ore 1936. If you we'e bam belore January " 1936 and voo receive. lump sum dislributlOtl, you ~n make a one-time .lechon to figure Ihe lax on the payment (1) by U$ing a 20% tong-Ierm capital gains rale on the pOOion oIlhe t.axable amour.l attributed 10 p,e-197" paniclpallon. (2) by using 1~al averaging ,1198610 rates or (3) by using !)...year averaging 511 currenllax rales. You c:an generally elect this special lax lreatment ant)' once in your Iifelime, and the eloction applies 10 all lump 5um dl5lribulions lhal YOU'~ m that ume yeGI'. You may cMed to 6nclude your net unrealized appreciation m lhe 5peciaJ lax lleatmenl. K'(OU have pr~ rolled ovef a payment 'rom lhe Plan (or certain othet similar plans 01 the ompbrer), you cannol use this apecial WI: lteal~ for Ia1M pgyrnenlS from lhe Plan. . you roll owtr your peymenl from the Plan, you will noI be atMe to use th;s special WI: lreatmerd for later payments from the Plan. Also. if you roll 0Yef only a pottion cI YOU' payment to an IRA. Ihis 5pedal tal lroatmenl is no( availllble for lhe rest cI the payment AddiUonal information ~ pl'ovided in IRS Form ~9n. 17." SURVMNG SPOUSES, At TERNA TE PAYEES, AND OTHER BENEFICLARIES In general, the rules 5ummarized above apply 10 payment5 to beneflCiai"le$. A few oIlhe diffelencn ale: (1) a wrvMng apouse 01 an empklyee can choos.e. dited roUO'tef or a 60 day rollOYet' to an IRA but noIlo an employer qualified plan; (2) a benefICiary ocher than the suMving s.pouse coannQt choose a direct rollover or a 60 day rollover; (3) payments on aocount 01 dealh or 10 an demale p3yM are not subject to lhe additional 10% tu; and (~) lhe 5 year panicipatlon requirement fOf lump sum drstributions doe$ noI appty 10 payments on account 01 dealh ~ pr.r:1t "'Yll..,;. ~ .... --- - --- - ----- ---- - - --- - - - --- --- -- ---.- Two-for-One Stock Split Distribution Statement t92ISI1027 1",111",11I",,,,11,,11.1,1,,11,,,,1,1.1111I1,1,,,,11,,,1,11 KYM L SHREINER 293 SHERWOOD ORIVE CARLISLE PA 17013.9050 IBM Cuslp: 459200-10-1 Account Number: Record Date: Distribution Date: IBM Company Code: 9926 17619-97505 May9,1997 May 27,1997 Shares Held On - Stock Spill - Total Shares Held Record Date Book Entry Credit On Distribution Date Form 01 Ownership ESPP Book-Entry Total Shares 58.000 58.000 58.000 58.000 116.000 116.000 Thi. distribution stntement renecto your May 9, 1997 record dale share position and shares credited to your account for the split. It does not include any purchase or sale transactions you may have had aner the record date. Dear IBM Stockholder: PLEASE RETAIN THIS STATEMENT FOR YOUR RECORDS This statement reflecls the additional shares being distributed 10 you in connection with the two.for-one stock split. These shares are being held for you in "book-entry. form on the records of IBM's transfer agent, Firsl Chicago Trust Company of New York ("First Chicago"). First Chicago is acting as custodian for your stock split shares in addilion 10 other IBM shares lhat they may already hold for you in book-entry form. If you are holding IBM stock certificates and wish 10 have those shares added 10 your book.entry position on the records of First Chicago, please call the number shown below for further instructions. You may request a slack certificate for any or all of the shares being held for you in book-entry form by calling the number shown below. A slack certificate will be mailed to you within 48 hours. You may also sell your shares through First Chicago, have your shares eleclronically transferred to your Bank/Broker, or participate in other services provided under the IBM Investor Services Program by calling the appropriate numbers shown below: To VERIFY your share balance ... To DEPOSIT other stock certificates you may hold with First Chicago ... To REQUEST a stock certificate for your shares ... To SELL your shares through First Chicago ... To TRANSFER your shares to a Bank, Broker, or other Financiallnstilution ... To OBTAIN general information about your account or information on services provided under the IBM Investor Services Program ... (888) IBM.6700 or T1EUNE 81771"7000 IBM Stockholders residing oulside the United Slates, Canada and Puerto Rico should call (201) 324-0405 for any 01 the above services and for general inquiries aboutlheir account. First Chicago Trust Company 01 New York ~~ IBM Stockholder Services Mail Suite 4688 PO Box 2530 Jersey City, New Jersey 07303.2530 E.Mall: ibmfcl@em.fcnbd.com Internet: hltoJ/www.fclc.com Customer Service Hours: Automated Voice Response available 24 hours Monday - Friday Saturday 8:00 am - 900 pm EST Customer Service Representatives: 9:00 am - 5:00 pm EST Monday - Friday First Chicago Trust Company 01 New York STOCK DISTRIBUTION STATEMENT This statement is your record of the shares distributed to you as a result of IBM's two.for.one stack split. Theso shar~s have been credited in book-entry form 10 your account with IBM's transfer agent. the First Chicago Trust Company of New York ("First Chicago"). Please retain thiS statement far your records. You will receive statements reflecting any actiYily in the sl1ares you hold in book.entry form with First Chicago. As a holder of book.entry shares, you are entitled to the benefits of the IBM Investor Services Program. Please refer to the brochure for the fultlerms and conditions of the Program, including the timing of transactions and fees. A copy of the brochure may be obtained from First Chicago. IBM INVESTOR SERVICES Custodial Service Your stock split distribution and any other shares you may have acquired directly through First Chicago are being held in book.entry form on the records 01 First Chicago. The book.entry custodial service eliminates the risk and cast of certificate loss, theft or destruction. Stock certificates for shares of IBM common stock that you are currently holding can be deposited with First Chicago for safekeeping. The shares will be added to your balance of shares being held in book.entry form. Call First Chicago to obtain more information before sending your certificates to First Chicago. (See fron! of statement for appropriate phone numbers). Stack Certlllcate Issuance You may request a stock certificate for any or all of the shares being held lor you by First Chicago. First Chicago will issue a stock certificate to you, generally within 48 hours. and the certificate will be sent to you by first class mait. (See front of statement far appropriate phone numbers). Sale 01 Shares You may instruct First Chicago to sell any or all of the shares that are being held for you by calling First Chicago and fallowing First Chicago's automated telephone instructions. Upon selllement of the sale. First Chicago will send a check to you far the net proceeds 01 the sale. (See front of statement far appropriate phone numbers). To sell your shares through your Bank. Broker or ather Financial Institution. you can request a stcck certificate in the manner described above or have your shares electronically transferred to the Financial Institution. Electronic Transler 01 Shares Bank/Broker Translers (Direct Registration System) You may electronically transfer your shares to your Bank, Broker or other Financial Institution by first calling First Chicago and requesting an Authorization Form and instructions. The Form. properly completed and signed by all registered holders with the signature(s) guaranteed should be returned to First Chicago at the address shown on the reverse side of this statement. (Your Financial Institution will be able to assist you in completing the Form.) Your shares will be electronically transferred to the Financial Institution generally within 48 hours of the receipt of your Authorization Form, properly completed. Gifting or Translerrln9 Shares You may transfer/gift shares tc others without requiring the issuance of stock certificates by providing First Chicago with an assignment form. properly completed and signed with the signature(s) guaranteed. Call First Chicago to obtain an assignment form. (See front of statement for appropriate phone numbers). Generallnlormatlon IBM is incorporated under the laws of the State of New York. T ne Corporation will furnish without charge to each stockholder who sa requests the powers. designations. preferences. and relative, participating. optional or ather special rights of each class of stack or series thereof of the Corporation.. and the qualifications. limitations or restrictions of such preferences and/or rights. Such requests should be addressed to the transfer agent, First Chicago Trust Company of New York. DEFINITIONS CUSIP Company Code Account Number The number used Ir1the secuntles industry to identify IBM common stock. Identification Code for IBM's records on the files of First Chicago Trust Company. A unique number assigned by First Chicago Trust Company to each IBM stockholder that identifies the records being maintained far the stockholder. The date (May 9, 1997) an which you must offiCially be a holder of IBM cammon stack an the records of First Chicago Trust Company in order to receive a stock spilt distribution from First Chicago The date (May 27.1997) your stock split shares will be entered ,n book-entry form Ir1 your stockholder account. Record Date Distribution Date rr"1mrT1nrr'~1 POln!.. TrI ,c:t rr"\rr'ln:'l,..,,, rq~"I""I""'l1 0.,,...,11 rroni! 11",("\n p,,....lIcr.,,..,n c:,..,., "t.... --- - --- - ----- ---- - - --- - - - --- --- - - ---'-, Two-for-One Stock Split Distribution Statement 19215110211 1",111",111,,,,,,11,,11,1,1,,11,,,,1.1.11,,,),1,,"11,"1,11 KYM L SHREINER & SCOTT C SHREINER JT TEN 293 SHERWOOO ORIVE CARUSLE PA 17013.9050 IBM Cuslp: 459200-10-1 Account Number; Record Date: Distribullon Date: IBM Company Code: 9926 17619-99070 May 9, 1997 May 27,1997 Shares Held On - Stock Split - Total Shares Held Record Date Book Entry Credit On Dlstrlbullon Date Form 01 Ownership . Stock Certificates Book-Entry ESPP Bock-Entry Total Shares 53.000 30.440 83.440 53.000 30.440 83.440 53.000 53.000 60.880 166.880 .Stock aplit dlatribution illued on Ih:uea held by you In certitic.:lt" form h.:lve been credited to your book.entry aha.re pOlltion. This distribution statement reflects your May 9, 1997 record date share position and shares credited to your account for the split. It does not include any purchase or sale transactions you may have had after the record date. Dear IBM Stockholder: PLEASE RETAIN THIS STATEMENT FOR YOUR RECORDS This statement reflects the additional shares being distributed to you in connection with the two.for-one stack split. These shares are being held for you in .book-entry" form on the records of IBM's transfer agent, First Chicago Trust Company of New York ("First Chicago"). First Chicago is acting as custodian for your stock split shares in addition to other IBM shares that they may already hold for you in book-entry form. If you are holding IBM stock certificates and wish to have those shares added to your book-entry position on the records of First Chicago, please call the number shown below for further instructions. You may request a stock certificate for any or all of the shares being held for you in book-entry form by calling the number shown below. A stock certificate will be mailed to you within 48 hours. You may also sell your shares through First Chicago, have your ,hares electronically transferred to your Bank/Broker, or participate in other services proYided under the IBM Investor Services ~rogram by calling the appropriate numbers shown below: To VERIFY your share balance ... Te; DE:"03IT other sloc~ ~e,liri~ales you may hoid with First Chicago ... To REQUEST a stock certificate for your shares ... To SELL your shares through First Chicago ... To TRANSFER your shares to a Bank, Broker, or other Financiallnslitution ... To OBTAIN general information about your account or information on services provided under the IBM Investor Services Program ... (888) IBM.6700 or T1ELINE 8m1-7000 IBM Stockholders residing outside the United States, Canada and Puerto Rico should call (201) 324-0405 for any of the above services and for general inquiries about their account. ;;rst Chicago Trust Company of New York % IBM Stockholder Services .\1 all SUite 4688 00 Box 2530 ~ersey City, New Jersey 07303.2530 Customer Service Hours: Automated Voice Response available 24 hours Monday - Friday Saturday 8.00 am - gOO pm EST ::.Mall: Ibmfcl@em.fcnbd.com ............"'..\........,,,.....,,., f,..+,..,..f"'l~ Customer Service Representatives: 9:00 am .5:00 pm EST Monday - Friday First Chtcaoo Trust Companv 01 New York STOCK DISTRIBUTION STATEMENT This statement is your record of the shares distributed to you as a result of IBM's two. for-one stock split. These shares have been credited in book.entry form to your account with IBM's transfer agent. the First Chicago Trust Company of New York ("First Chicago"). Please retain this statement for your records. You will receive statements reflecting any activity in the shares you hold in book-entry form with First Chicago. As a holder of book-entry shares, you are entitled to the benefits of the IBM Investor Services Program. Please refer to the brochure for the full terms and conditions of the Program, including tile timing of transactions and fees. A copy of the brochure may be obtained from First Chicago. IBM INVESTOR SERVICES Custodial Service Your stock split distribution and any other shares you may have acquired directly through First Chicago are being held in book-entry form on the records of First Chicago. The book-entry custodial service eliminates the risk and cost of certificate loss, the~ or destruction. Stock certificates for shares of IBM common stock that you are currentiy holding can be deposited with First Chicago lor safekeeping. The shares will be added to your balance of shares being held in book-entry form. Call First Chicago to obtain more information before sending your certificates to First Chicago. (See front of statement for appropriate phone numbers). Stock Certlllcate Issuance You may request a stock certificate for any or all of the shares being held for you by First Chicago. First Chicago will issue a stock certificate to you, generally within 48 hours, and the certificate will be senlto you by first class mail. (See front of statement for appropriate phone numbers). Sale 01 Shares You may instruct First Chicago to sell any or all of the shares that are being held for you by calling First Chicago and following First Chicago's automated teiephone instructions. Upon settlement of the sale, First Chicago will send a check to you for the net proceeds of the sale. (See front of statement for appropriate phone numbers). To sell your shares through your Bank, Broker or other Financial Institution, you can request a stock certificate in the manner described above or have your shares electronically transferred to the Financial Institution. Electronic Transler 01 Shares Bank/Broker Translers (Direct Reglstrallon System) You may electronically transfer your shares to your Bank. Broker or other Financial Institution by first calling First Chicago and requesting an Authorization Form and instructions. The Form, properly completed and signed by all registered holders with the signature(s) guaranteed should be returned to First Chicago at the address shown on the reverse side of this statement. (Your Financial Institution will be able to assist you in completing the Form.) Your shares will be electronically transferred to the Financial Institution generally within 48 hours of the receipt of your Authorization Form. properly completed. Gifting or Translerrlng Shares You may transfer/gi~ shares to others without requiring the issuance of stock certificates by providing First Chicago with an assignment form. properly completed and signed with the signature(s) guaranteed. Call First Chicago to obtain an assignment form. (See front of statement for appropriate phone numbers). Generallnlormatlon IBM is incorporated under the laws of the State of New York. The Corporation will furnish without charge to each stockholder who so requests the powers, designations. preferences. and relative. participating, optional or other special rights of each class of stock or series thereof of the Corporation.. and the qualifications, limitations or restrictions of such preferences and/or rights. Such requests should be addressed to the transfer agent. First Chicago Trust Company of New York. DEFINITIONS CUSIP Company Code Account Number The number used in the securities industry to identify IBM common stock. Identification Code for IBM's records on the files of First Chicago Trust Company. A unique number assigned by First Chicago Trust Company to each IBM stockholder that identifies the records being maintained for the stockholder. The date (May 9. 1997) on which you must oHicially be a holder of IBM common stock on the records of First Chicago Trust Company In order to receive a stock split distribution Irom First Chicago The date (May 27. 1997) your stock spilt shares Will be entered in book-entry form in your stockholder account. Record Dale Dlstrlbullon Date I I I I \ / 1\PPQ1\I81\L BASH JEWELERS. INC. 33 North Queen Street Lancaster. PA 17603 Phone 397.2731 This IS to Cettlly th~[ .....e Jrt? cn~r1.;e:J n the le'...elr~ CU=-,11t'~;, ,ir:.~rJI"ln~ ":I.,IT'LH':~:.. "'-dIChl" It"A.'!'" .lnd prec:ou~ srones of all descriptions We hereby Certlty tr.at Joe h.1\ r t.lrer ~jl:\ "',imIl1('(1 the ::,Ilcv"lrb ;,~tl":: Ji.J jt,''-(r!teJ ,HiIC:!!'" the ;Jr..:-pert',' cl NAME. Ki m-Sh-re-ine-r ADDRESS We estimate the valut." JS liSle'; 'cr IllSUrJncc or ether purpc~l~':: ,:1 ~:':l.' (:.Hre~.t ~erJIi 'ulluc l"(;Udln~ all taxes In making this Appraisal we DO NCi agrt:'t' 10 pur(ha~(' ~r re;JIr,JCl.! .in',' <in:(~(',: DESCRIPTlON APPRAISED VALU E Ladies l4K yellow gold twenty (20) diamond semimounting. Six (6) baguette shaped diamonds and fourteen (14) full cut diamond melee weighing a total of .50ct. $1.495.00 ThIS AppraIsal IS made with the unde~~tandtng that the .~,ppral~er ,J')sumes no l1a:bdlty with iE'Spe':t to any action which may be lake" 0" the bas.s of the Appra"a! May 12,1993 DATE REPLACEMENT COMPANY CONTINENTAL z ~~ 40 ~~ G~ 'W CZ '-" -~- .._,;"- . , . ~"':::::;:/"" .\\\'(/10 ., <s) I. TIIG....... (5) Per 1997 support matters, Plaintiff's net monthly income exceeded $2,856.00 and Defendant's net monthly income equaled $1,570.00 per month. Copies of the relevant Order of Court is attached hereto. Defendant anticipates receiving a slight increase in wages this year. Defendant believes that Plaintiff's income may have increased. 6 .... '. ,. DR 1126553 SCOTr C SHREINER. PLAINTIFF IN TilE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VS DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT KYM L. SHREINER. DEFENDANT NO. 492 S 97 ORDER OF COURT AND NOW. this 27th day of August. 1997. based uponthc Court's dctcnuinationthat Plaintifl's monthly nct income/carning capacity is $ 1569.00 and Defcndant's monthly net income/corning capacity is $ 2K5f!.lIO . it is hereby ordercd that the Defendant pay to thc Domcstic RelatIons Section. Court of Common Plcos. $ 5 15.00 a month payable $515.00 pcr month cfl'cctivc. 6/\/97. Arrcors set at $ \IlJ6.00 as of K/27/97 (with thclast payment datc of nla ). arc due in fulllMMEDlATEL Y. Contempt procc'Cdings. credit bureau reportmg and tax refund offsct ccrtification and entrance of a Judgemcnt may be held in abeyance as long as Defendant pays $ 20.00 monthly on arrcors c.lch payment date. Failure to make each payment on time and in full will cause all arrc.lrs to become subject to immedIate collection by all of the mcons listed above. For the support of her husband. Each Ilarty shall take care of their 0\\11 uncovered medical expenses This ordcr takes into consideration the defcndantPaid $504.00 as dIrect contribution since the date of filing in the fonn ofa mortgage paymcnt on 5/30/97. Arrearagcs \\ere calculatc~ from the complaint datc of 5/23/97. ho\\evcr. for simp licit\" the 6/1/97 cffective date was used for entering computer data.. 111C defendant shall pay the costs of$ 22.00. which sum includcs the pro-rated service fec of $ 7.00 . payable within --'1iL days. Said money to bc turned over by the Domestic Relations Scctionto: plaintiff. Paymcnts must be made by cash. check or moncy order. Cash. payments must be made in pcrson. All checks and money orders must bc made payable to DomestIc Relations Section and delivcred or mailed to Domestic Relations Section. 13 North Hanover Strcet. 1'. O. Box 320. Carlisle. Pennsylvania 17013. Each payment must bcor your Domestic Rclations number in order to be processed. Unreimbursed medical e\penses arc to be paid n/a % by Defendant and n/a 'Yo by Plaintiff. n/a_ to provide medIcal insurance coverage n/a. Within 30 days after the entry of this order. the _ shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has bc'Cn madc Proof of coverage shall consist. at a minimum of: (I) the name of the health care covcrage provlder(s): (2) any applicable idcntificationnumbers: (3) any cards evidencing coverage: (4) the address to which claims should be made: (5) a description of any restrictions on usage. such as a prior approval for hospital admissions. and the manner of obtaining approval: (n) a copy of the bencfit booklet or coverage contract: (7) a dcscription of all dednctiblcs and co-payments. and (K) five copIes of any claim fonns. IMPORTANT LEGAL NOTICE (9) Disputed Economic Issues and Items of Marital property (i) Di,yi_sj._9_n_()_f._Jll;1rj,J:~1 assets. This Pretrial Statement contains values which are nearly two (2) years old. since separation, plaintiff has not volunteered any information to Defendant as to stock shares and other employment benefits. Accordingly, t absent more specific information from the plaintiff, all assets remain in dispute. The major assets/issues are the value of the Plaintiff's retirement benefits, TDSP plan, stock values, marital residence, and the personal property which be appraised. However, as noted by the attached sheet, the parties have acquired a substantial amount of personal property in the nature of antiques, dishes, furniture, some of which were acquired by the parties and some of which were given by their respective families. (ii) Alj~orry Defendant requests a reasonable amount of alimony from plaintiff who remains in a far more superior economic position then Defendant. plaintiff has greater means to acquire retirement benefits then Defendant. There is no basis to deny alimony to Defendant who has been dependent upon plaintiff throughout the later years of their marriage for income, health insurance and a fair standard of living, all of which will terminate upon divorce absent an appropriate Order. (iii) &~t~~n~~~es To date, plaintiff has not cooperated with providing information to Defendant as to marital assets and liabilities. Further, as set forth above, Defendant has been forced to maintain attorney fees and costs associated with maintaining the status quo when plaintiff returned to the marital residence 18 months after separation to take a majority of personal contents, without Defendant's consent. 10 (10) Marital Debts as of Date of Separation (i) No significant marital debt exists, other than that debt identified above. 11 (11) Plol'o~"d H('~()llIt.ion of all economic issues; (i) Defendant proposes that he be entitled to maintain the marital residence and that Plaintiff's retirement benefits be off-set against the marital residence as of the date of separation. Defendant proposes a 65-35 percentage split in favor of Defendant, a percentage which would provide Defendant with an equitable distribution of marital assets. various items of personal property, stock and other assets can be utilized to allow for such distribution without requiring either party to borrow funds to arrive at an equitable distribution. This proposal recognizes that Plaintiff can continue to acquire additional assets, retirement accounts and maintain a similar standard of living to that which was acquired during marriage. This proposal provides Defendant with an opportunity to concentrate on acquiring a form of retirement accounts upon which he can rely as he grows older. Plaintiff will continue to be able to maintain her similar lifestyle, acquire a home, and continue adding to her retirement assets. In fact, plaintiff has acquired her own residence since separation and has been maintaining a similar, if not superior, standard of living since separation then Defendant. Plaintiff has been able to continue acquiring assets while Defendant has been forced to continue maintain the existing assets as of the date of separation. Defendant further requests alimony in the amount of $600.00 per month on an indefinite basis and assistance with his attorney fees as set forth above. "espectfully srmitted, !iyltV ~ \li\).L . Andrew C. Sheely, ire Attorney for Defendant 127 S. Market Street Hechanicsburg, PA 17055 12 , ,*""?Il KYM L. SHREINER, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVlINIA vs. NO. 97 - 3478 CIVIL SCOTT C. SHREINEH, Defendant IN DIVGRCE ORDER GF COURT lIND NOW, 'hi, -IJL ~"Y of ~. 1999, the parties and counsel having ent:ered into an agreement and stipulation resolving the economic issues on November 10, 1999, t:he date set for a four-party conference, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Robert C. Saidis Att:orney for Plaintiff P.J. Andrew C. Sheely Attorney for Defendant _ Cct-......, n.~'.c /J./,.,-j9Q. ...& "6'. , expenses. The pilr!. i,':: WI'I 11,111 iud Oil ~jt!ptember 10, 1902, and separat:ed t1ilY l'l, 1'1'1'. this marriage. TII<:Y ilre no children of The l1a:;!.(![ hit:; ll<:t:n advised that after negotiat:ions this morning the parties and counsel have reached an agreement with respect to the outstanding economic claims. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel will be provided a draft of the agreement after it has been transcribed to make any correction of typographical errors and after corrections are made, the parties will be requested to sign t:he agreement by way of affirmation of the terms of settlement: as stated on the record. However, if no signatures are affixed, the agreement will still be considered t:he substantive agreement of the parties with respect to the resolution of the economic claims and the Master will present the agreement to the Court with an order vacating his appointment so the divorce can be concluded. TIIP :;ignuture of the parties, ilfter review of 4. There was a Galaxy fund at the time of the separation which the parties distributed equally between them after paying joint debts. The Galaxy fund had approximately $21,000.00 in it and they are ratifying and confirming that distribution. 5. In addition there are several shares of IBM stock. There are 116 shares of IBM stock t:itled in wife's name alone and 166.88 shares of IBM stock titled in the names of husband and wife jointly and t:hat was as of the date of separation. The parties agree that within thirty (30) days of this date they will produce the necessary stock certificates and cooperate to transfer 50~ of the stock to husbilnd 3nd 50,. of the st:cwk to wi fe. I f there fJave been any subsequent splits or other changes in the number of shares of the st:ock since separation, those will be taken into consideration in det:ermining the equal distribution of the IBM stock. 6. Each party will retain the personal property which they have in their possession including furniture, fixtures, jewelry, and the like, except: that wife shall return to husband the Graniteware and t:he Mickey Mouse train within thirty (30) days. 7. Neither party shall pay t:o the other alimony, alimony pendente lite, spousal amount, or any other amount for the other party's support and maintenance. The last payment would be the payment made by wife for Gctober of 1999 which was made at the end of Gctober. Counsel for husband and wife both agree that they will advise the support office as soon as possible that the spousal support which wife has currently paid has been terminated. 8. Each part:y waives any right, title, or interest to ccun5el tee5 in thlS matter. 9. Except as herein ot:herwise 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 t:he other as a result of the marital relationship including wit:hout limitation, statutory allowance, widO\~' s allowance, right of int:est:acy, right to take against: t:he will of the other, and right t:o act as administrator or executor in the other's estat:e. Each will at the request of the other executp, acknowledge, and deliver any and all instrumpntH which may be necessary or advisable to carry into cfft;~t. thi~; mutual ',','diver and