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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
,
,
DEBRA J. SMITH,
Plaintiff
,
,
VERSUS
KYLE W. SMITH,
,
Defendant
,
,
,
,
,
PENNA,
No.
2001 - 685 Civil
IN DIVORCE
DECREE IN
DIVORCE
AND NOW,
pr._Ct' ""1 \t?c J '2-0
, 2602, IT IS ORDERED AND
,
DECREED THAT
AND
DEBRA J. SMITH
, PLAINTIFF,
KYLE W. SMITH
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
,
,
NONE. The terms of the Separation and Property Settlement Agreement dated
November 5, 2002 are incorporated but not merged into this Decree in
,
,
,
,
AT
ROTHONOTARY
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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
West Shore
697-0371 Ex\. 6535
Traci .10 Colyer
Office Manager/Reporter
Carol J. Lindsay
Attorney at Law
SAIDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013
July 30, 2002 '
Marylou Matas
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: Debra J. Smith vs, Kyle W. Smith
No. 01 - 685 Civil
In Divorce
Dear Ms. Lindsay and Matas:
Both counsel have certified that discovery is complete. Therefore,
we will not be dealing with any discovery issues at the time of a pre-
hearing conference, if we get to the stage of issuing a directive for pretrial
statements.
A divorce complaint was filed on February 2,2001, raising grounds
for divorce of irretrievable breakdown of the marriage. No economic
claims were raised in the complaint.
Inasmuch as no economic claims have been raised in the action
and I am not aware of any issue with respect to grounds for divorce, I will
allow counsel two weeks to determine how this case shall proceed. If no
economic claims are filed or if I am not notified that there is a grounds
for divorce issue that requires a hearing, I will vacate my appointment.
Very truly yours,
E. Robert Elicker, II
Divorce Master
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JAMES D, FLOWER
JOHN E, SLIKE
ROBERT C SAIDlS
GEOFFREY S, SHUFF
JAMES D, FLOWER,JR.
CAROLJ, LINDSAY
JOHNNA J, KOPECKY
KARL M, LEDEBOHM
JOSEPH L HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@ssfl-Iaw.com
www.55ft-Iaw.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
JLlly 26, 2002
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Smith v. Smith
No. 01 - 6856 Civil
Dear Mr. Elicker:
Enclosed please find the Certification of Discovery in the captioned case,
Very truly yours,
SAlOIS, SHUFF, FLOWER & LINDSAY, P,C,
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CarolJ, Lindsay ;~
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Enclosure
Cc: Marylou Matas, Esquire (w/encl)
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JAMES D, FLOWER
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S, SHUFF
JAMES D, FLOWER, JR
CAROLJ, LINDSAY
JOHNNA J, KOPECKY
KARL M, LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attomey@ssfI-law.com
www.ssfl-law.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
August 12, 2002
E, Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: Kyle and Debra Smith
Dear Mr. Elicker and Ms, Matos:
My office apologizes for a confusion on the docket number for the filed Amended
Complaint in Divorce, 1 have called the Prothonotary's office and have arranged for a transfer
of the Amended Complaint to the caption for the divorce action rather than for tile custody
action, I am sorry for this confusion originated here,
Very truly yours,
CJUtjb
SAlOIS, SHUFF, FLOWER & LINDSAY
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Carol J, Lindsay jJ, (J
JAMES D, FLOWER
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S, SHUFF
JAMES D, FLOWER, JR
CAROL]. LINDSAY
JOHNNA]. KOPECKY
KARL M, LEDEBOHM
JOSEPH 1. HITCHINGS
THOMAS E. FLOWER
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LAW OFFICES
SAlOIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attomey@ssfl-Iaw.com
www.ssfI-law.com
August 30, 2002
E, Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Dear Mr. Elicker:
RE: Smith v. Smith
No. 01 - 6856 Civil
Enclosed please find the Plaintiff's Pre-trial Statement.
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WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
Very truly yours,
HUFI1: FLOWER & LINDSAY, P,C,
/
/
Carol J, Lindsay
CJUtjb
Enclosure
Cc: Marylou Matas, Esquire (w/encl)
Deb Smith (w/encl)
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
,("\ DEBRA J, SMITH ) Order Number 129 S 2001
,. Plaintiff )
YS, ) PACSES Case Number 6931030ss/3Ctf3J,
KYLE W, SMITH ) Docket Number 00129 S 2001
Defendant ) Other State ID Number
ORDER OF COURT
o Final '0 Interim 0 Modified
AND NOW, 13TH DAY OF NOVEMBER, 2001
,based upon the Court's
determination that the Payee's monthly net income is $ 1692 ,07
and the Payor's
monthly net income is $1,57S,34
, it is hereby ordered that the Payor pay to the
Pennsylvania State Collection and Disbursement Unit
THREE HUNDRED THIRTY THREE AND 50/100
Dollars ($ 333 ,50
) a month payable
BIWEEKLY
,as follows: first payment due
NEXT MODIFIED WAGE ATTACHED PAYMENT.
The effective date of the order is 09/20/01 .
~,
Arrears set at $ 192,62
as of NOVEMBER 13, 2001 are due in full
IMMEDIATELY, All terms of this Order are subject to collection andlor enforcement by
contempt proceedings, credit bureau reporting, tax refund offset certification, and the freeze
and seize of financial assets. These enforcement/collection mechanisms will not be initiated as
long as obligor does not owe overdue support. Failure to make each payment on time and in
full will cause all arrears to become subject to immediate collection by all the means listed
above.
For the Support of:
Name
ALEXIS N, SMITH
Birth Date
02/07/97
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Service Type M
Form OE-SI8
Worker ID 21005
,
SAlOIS
SHUFF, FLOWER
& UNDSAY
ATIORNEYS-AT-LAW
t6, \\', High Street
Carlisle, PA
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DEBRA J, SMITH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - DIVORCE
:NO, 2001 - 685 CIVIL TERM
Plaintiff
vs,
KYLE W, SMITH,
Defendant
:IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 2'2.., J day of D ~ c. c ....., L.,<!J
2003 the
parties hereto having entered a Property Settlement and Separation Agreement
incorporated but not merged with the Decree in Divorce entered on December 20,
2002, it is hereby ordered and directed as follows:
1, This Order is entered pursuant to the Pennsylvania Divorce Code, 23
Pa, C,S,S330 et seq,
2, This Order constitutes a "Qualified Domestic Relations Order" as
defined in S414(p) of the Internal Revenue Code of 1986, as amended, This Order
applies to the following qualified retirement plan: The Hershey Medical Center
Retirement Plans, hereinafter referred to as "Plan", Further, any predecessor or
successor to the plan or any other plans, to which liability for a provision of the
Participant's benefits described below is incurred, shall also be subject to the terms of
this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the plan
shall not affect Alternate Payee's right as provided under this Order,
3, Debra Jill Smith, Social Security Number 185-50-8454, hereinafter
referred to as "Participant" is a participantin the Plan,
;
4, Kyle W, Smith, Social Security Number 195-52-2227, hereinafter
referred to as "Alternate Payee" is the Participant's former spouse,
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SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W, High Street
Carlisle, P A
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5, Participant's current and last known mailing address is 1678 Douglas
Drive, Carlisle, Cumberland County, Pennsylvania 17013,
6, Alternate Payee's current and last known mailing address is 352 A
Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania 17013,
7, Alternate Payee's date of birth is January 6, 1959,
8, As soon as is administratively possible, the Plan Administrator shall
distribute to tl1e Alternate Payee from Participant's interest in the Hershey Medical
Center Retirement Plan $25,142,39, A payment ordered herein may be made by way
of a rollover at the election of the Alternate Payee,
9, In the event the Participant's dies prior to the date that this Order is
given effect, then the Altemate Payee's share shall be paid by the Plan Administrator
to the Alternate Payee before any other disbursement is made, In the event that the
Alternate Payee dies before this Order is given effect, his share pursuant to this Order
shall become the property of his estate.
10, This Order does not require the Plan to provide any type or form of
benefit, or option not otherwise provided under the Plan, or require the payment of any
benefits to the Alternate Payee which are required to be paid to another Alternate
Payee under another Order previously determined to be a Qualified Domestic
Relations Order, or require the Plan to provide increased benefits, (determined on the
base of actuarial value), Any provision of this Order which appears to be otherwise
shall be null and void and have no effect.
11, In no event shall the Alternate Payee have any greater rights than those
which are available to the Participant.
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS'AT'LAW
26 W. High Street
Carlisle, P A
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12. The parties shall promptly notify the Plan Administrator of any changes
in their addresses from those set out in this Order.
13, The parties shall promptly submit this Order to the Plan Administrator for
determination of its status as a Qualified Domestic Relations Order,
14, The Court retains jurisdiction to amend this Order as might be
necessary to establish or maintain its status as a Qualified Domestic Relations Order,
Concurrence:
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Debra J, mith
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 685 CIVIL
KYLE W. SMITH,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Carol J. Lindsay
Attorney for Plaintiff
Marylou Matas
, Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, pennsylvania, on the 5th day of November 2002, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 9/13/02
E. Robert Elicker, II
Divorce Master
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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
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
August 2, 2002
Carol J, Lindsay
Attorney at Law
SAlOIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013
Marylou Matas
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: Debra J. Smith vs. Kyle W. Smith
No. 01 - 685 Civil
In Divorce
Dear Ms. Lindsay and Ms. Matas:
I now have the amended complaint in divorce which was fIled in
the custody action. I request that counsel immediately get the amended
complaint in divorce in the divorce file (a simple change of number would
be appropriate) so I can return the custody file to the courthouse which I
do not need for the divorce proceedings.
In any event, inasmuch as an amended complaint in divorce has
been fIled raising the economic claim of equitable distribution, I am
directing each counsel to file a pretrial statement in accordance with
P,R.C,P, 1920.33(b) on or before Friday, August 30,2002. Upon receipt
of the pretrial statements, I will immediately schedule a pre-hearing
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Ms. Lindsay and Ms, Matas, Attomeys at Law
2 August 2002
Page 2
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 pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33,
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Wendy J. F. Grella, Esquire
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
1(800)347-5552
Robin]. Goshorn
Legal Assistant
Reply to: Carlisle
38 North Main Street
Chambersburg, P A 17201
(717) 267-1350
Fax (717) 243-5063
September 4, 2002
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Smith v, Smith
No. 01-685 Civil Term
Dear Mr, Elicker:
Enclosed is a copy of Defendant's Pre-Trial Memorandum and Inventory and
Appraisement.
Very truly yours,
~f{~~
Mary~U~atas
Cc: Kyle W. Smith
Carol J, Lindsay, Esquire
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001 - 1$ CIVIL TERM
IN DIVORCE
vs.
KYLE W. SMITH,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the Court, A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff, You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE Of DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for . tiff
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
By:
SAlOIS
SHUFF, FLOWER
& LINDSEY
Date: b;J/; f"r )..-{1't) J
II
SAIDIS
SHUFF, FLOWER
& LINDSEY
ATfORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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DEBRA J. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001 - (, f)'" CIVIL TERM
Plaintiff
vs.
KYLE W. SMITH,
Defendant
IN DIVORCE
COMPLAINT
DEBRA J. SMITH, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1, The Plaintiff is DEBRA J. SMITH, who currently resides at 1678 Douglas
Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1990,
2, The Defendant is KYLE W. SMITH, who currently resides at 43 West Willow
Street, Apt. 8, Carlisle, Cumberland County, Pennsylvania, where he has resided since
February 1, 2001,
3, The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4, The Plaintiff and Defendant were married on September 29, 1990, at
Hershey, Pennsylvania,
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction,
6, The Plaintiff avers that she/he is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code,
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SAlOIS
SHUFF, FLOWER
& LINDSEY
ATIORNEYS'AT'LAW
26 W, High Street
Carlisle. PA
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7, Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling,
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce,
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Date: n-h),) 7--- fJlJ {
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SAlOIS
SHUFF, FLOWER
& LINDSEY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa, C,S, 94904, relating to unsworn falsification to authorities,
C;)MM~~ Sn,J,AJ
Debra J, ith
Date: t'jV1A) 623; ~I
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SAIDlS
SHUffi..~WER
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CarllsIe,PA
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DEBRA J. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiff
VS.
CIVIL ACTION - DIVORCE
NO. 2001 - t, 8 S CIVIL TERM
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KYLE W. SMITH,
Defendant
IN DIVORCE
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PROOF OF SERVICE
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DEBRA J. SMITH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - r" gS CIVIL TERM
Defendant : IN DIVORCE
i
(,
Plaintiff
vs.
F~
KYLE W. SMITH,
'~'
AND now, this
CERTIFICATE OF SERVICE
22--- day of, 4<f'7'A-'~ ,
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2001, I, CAROL J, LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER &
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LINDSAY, Attorneys, hereby certify that I served the Defendant, KYLE W. SMITH, on
February 12, 2001, with the Complaint in Divorce by Certified Mail, Restricted
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Deliver, Addressee Only, Return Receipt Requested, addressed to:
Kyle W, Smith
43 West Willow Street, Apt. 8
Carlisle, PA 17013
r
and proof thereof, the signed Return Receipt Card, is attached hereto,
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By
J, , dsay, Esquir
I 93
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNl:.YS-AT-LAW
26 W, IIigh Street
Carlisle, PA
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DEBRA J. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 2001. i/&?J. CIVIL TERM
IN DIVORCE ~ ~S
Plaintiff
V5.
KYLE W. SMITH,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set
forth in the following pages, you must take prompt action, You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court, A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff, You may lose money or property or
other rights important to you, including custody or visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling, A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania, 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P,C.
Attorneys for Plaintiff
By:
oate~ ;:;;5-, .::26(3:2-
C rol ,Lindsay, Esquire
10 4693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
I
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SAIDIS
SHUFF, FLOWER
& LlNDSAY
ATTORNEYS-AT-LAW
26 W, High Street
Carlisle. PA
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DEBRA J. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 2001 . CIVIL TERM
IN DIVORCE
Plaintiff
vs.
KYLE W. SMITH,
Defendant
AMENDED COMPLAINT
IN DIVORCE
DEBRA J. SMITH, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1, The Plaintiff is DEBRA J. SMITH, who currently resides at 1678 Douglas
Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1990,
2, The Defendant is KYLE W. SMITH, who currently resides at 43 West Willow
Street, Apt. 8, Carlisle, Cumberland County, Pennsylvania, where he has resided since
February 1, 2001,
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4, The Plaintiff and Defendant were married on September 29, 1990, at
Hershey, Pennsylvania,
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction,
COUNT I . DIVORCE PURSUANT TO
23 Pa. C.S.A. &3301lc) and &3301ld)
6, The marriage is irretrievably broken,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
7, Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling,
WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce
divorcing Plaintiff from Defendant.
COUNT II EQUITABLE DISTRIBUTION
8, The averments of Paragraphs 1 through 7 are incorporated herein by
reference.
9, During the parties' marriage the parties have acquired certain property,
both personal and real.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide their
property,
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C,
Attorneys for Plaintiff
By:
D,Ie, ~<M vf; 7<W L
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W, High Street
Carlisle. P A
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VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa, C,S, 34904, relating to unsworn falsification to authorities,
~JkvJ~~jA )
Debra J, S Ith
Date:
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SHUFF, FLOWER
& LINDSAY
ATfORNEYS'AT'LAW
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001 - ~ CIVIL TERM
~ if.5
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DEBRA J. SMITH,
Plaintiff
V5,
KYLE W. SMITH,
Defendant
IN DIVORCE
J----
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MOTION FOR APPOINTMENT OF MASTER
DEBRA J, SMITH, Plaintiff above, moves the court to appoint a master with respect to the
following ciaims:
(x)
( )
( )
( )
Divorce
Annulment
Alimony
Alimony Pendente Lite
and in support of the motion states:
(x)
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
Discovery is complete as to the claim(s) for which the appointment of a master is
(1)
requested,
(2)
(3)
(4)
The Defendant has appeared in the action by Marylou Matas, Esquire
The statutory ground(s) for divorce is/are 3301 (c)/(d),
Delete the inapplicable paragraph(s),
(a) The action is not contested,
(b) An agreement has been reached with respect to the following
claims: none,
(c) The action is contested with respect to the following
claims:divorce/equitable distribution,
The action does not have complex issues of law or fact
The hearing is expected to take 1 day,
Additional information, if any, relevant to th
(5)
(6)
(7)
Date:
~- )/1 /412--
ORDER APPOINTING MASTER
AND NOW, this ;l.8P-' day of , 2002, E, Robert Elicker, II,
Esquire, is appointed master with respect to the follow.' g claims: divorce, equitable distribution,
II
By the Court,
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DEBRA J, SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: CIVIL ACTION - LAW
KYLE W, SMITH,
Defendant
: NO,OI-685 CIVIL TERM
: IN DIVORCE
PRAECIPE
WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of the Defendant in the above-captioned
matter,
Date: ~-l(- 0 I
"-.:'
roujos, Esquire
4 N h Hanover Street
Carlisle, P A 17013
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant in the above-captioned matter,
Respectfully submitted,
Date: -5/ 17-/6 \
,
UL
atas, Esquire
GRIFF & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 685 CIVIL
KYLE W. SMITH,
Defendant
IN DIVORCE
TO: Carol J. Lindsay
, Attorney for Plaintiff
Marylou Matas , Attorney for Defendant
DATE: Wednesday, July 3, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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to complete discovery.
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DATE
PLAINTIFF ( )
DEFENDANT (~
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 685 CIVIL
KYLE W. SMITH,
Defendant
IN DIVORCE
TO: Carol J. Lindsay
, Attorney for plaintiff
Marylou Matas , Attorney for Defendant
DATE: Wednesday, July 3, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
,,'_ '-'1'.'
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DEBRA J. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 6856 CIVIL TERM
vs.
KYLE W. SMITH,
Defendant
: IN DIVORCE
CERTlFICA nON OF DISCOVERY
A There are no outstanding Interrogatories or discovery motions and discovery is
complete except for updated values for certain financial accounts,
B, Expect updated information can be provided as of June 30, 2002 by the time of
the filing of the Pre-trial Statements,
,
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS'ATlLAW
26 W, High Street
Carlisle, PA
DEBRA J. SMITH,
~/~/D
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 6856 CIVIL TERM
Plaintiff
V5.
KYLE W. SMITH,
Defendant
: IN DIVORCE
PRE- TRIAL STA TEMENT OF
PLAINTIFF
INTRODUCTION:
The parties hereto are husband and wife having been joined in marriage on
September 29, 1990 and having separated on January 19, 2001, This is a first
marriage for wife and a second marriage for husband, The parties had one child,
Alexis Nicole Smith, born February 7, 1997, Husband is employed by Dickinson
College Maintenance Department, and Wife is employed as a clerk at Hershey
Medical Center,
Wife enjoys primary custody of the parties' children. On November 13, 2001,
the Office of Domestic Relations entered an Order for support noting wife's net
monthly income was $1,692,07, and husband's net monthly income was $1,575.24,
The major issue in this case has to do with the home in which the parties
resided throughout their marriage, The home was owned by husband prior to this
marriage, He brought it and a mortgage to the marriage, Subsequent to marriage, in
1993, the parties refinanced the house satisfying husband's mortgage for $42,526,00
and incurring debt of $45,500,00, Both parties believed that the deed to the house
had been transferred at the same time as wife became obligated on a mortgage,
Subsequent to separation, wife stayed in the marital home and all negotiations
II
,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT.LAW
26 W, High Slreet
Carlisle, PA
.,'J__-:><_
proceeded on the assumption of both parties that wife had an ownership interest in the
house, Wife made the last mortgage payment in March 2002,
I. ASSETS:
Attached hereto is a list of marital assets and their values at the appropriate
times, Non-marital assets are comprised of pre-marital or post-separation retirement
benefits,
II. EXPERT WITNESSES:
None are anticipated, However, wife has had the marital home appraised, and
the appraiser is available if need be,
III. LA Y WITNESSES:
Wife will testify for herself and reserves the right to call any other witnesses
whose testimony will become relevant as trial approaches,
IV, EXHIBITS:
1. Appraisal of marital real estate,
2, May 5, 1986 mortgage taken by husband and his first wife in the amount
of $45,900.00 on the marital home ultimately provided to husband,
3,
Mortgage of June 10, 1993 taken in the refinance of the home in the
amount of $45,500,00,
4, Settlement sheet for the refinance in 1993,
5, Statement of wife's TIAAlCREF account on December 31, 2000,
'i
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS'AT'LAW
26 W, High Street
Carlisle, PA
""',.,~,, . '-),,';;,-
6, Wife's TIAAlCREF statement on the date of marriage,
7, Husband's TIAAlCREF statement on the date of marriage,
8, Husband's TIAAlCREF statement as of January 1, 2001,
9, Wife's Hershey Medical Center Retirement (Fidelity) account as of
December 31, 2000,
10, Wife's Geisinger Health Retirement (Fidelity) account as of June 30,
2002,
The parties have exchanged their documentation for other accounts, the
values of which the parties have agreed upon during negotiations, If those values
come into dispute, statements for those accounts will be provided,
V, INCOME AND EXPENSES:
Wife's income and expenses are attached hereto on a statement with
documentation provided at the Office of Domestic Relations, A recent pay stub and
the 2001 Federal Income Tax Return will be provided at the pre-trial conference,
VI. PENSION AND RETIREMENT BENEFITS:
These are summarized on the asset list and the exhibits attached hereto,
VII. COUNSEL FEES AND COSTS:
Wife seeks reimbursement of one-half of the cost of appraising the marital
home, $250,00,
II
\
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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VIII. PERSONAL IT:
Satisfactorily divided,
IX, MARITAL DEBTS:
None,
X, PROPOSED RESOLUTION:
Wife seeks 60% of the marital estate if the marital estate is determined to
include the marital home, If it does not include the marital home, wife seeks an
equitable share of the marital estate in consideration of her contribution to husband's
pre-marital debt in the form of a mortgage on the marital home in the amount of
$45,000,00,
Respectfully submitted,
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Esquire
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS-AT.LAW
26 W. High Street
Carlisle, P A
_. i
DEBRA J. SMITH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 6856 CIVIL TERM
Plaintiff
V5.
KYLE W. SMITH,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this
day of
2002, I, Carol J, Lindsay, Esquire, of the law firm of SAlOIS SHUFF FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within PRE-TRIAL STATEMENT
OF PLAINTIFF this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J, Lindsay, Esquire
10# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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S, W, BARRETT REAL ESTATE & APPRAISAL SERVICES
Fie No, 01-0939
( ,
APPRAISAL OF
LOCATED AT:
1676 Douglas Drive
Carlisle, PA 17013
, .
FOR:
Debra Sm ith
1676 Douglas Drive
Carlisle, PA 17013
BORROWER:
Debra SMITH
AS OF:
10/30/2001
BY:
Stan A, Skowronek
124-126 NORTH HANOVER STREET, CARLISLE. PA 17013 717-243~646 AND FAX 717.243~627
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SUMMARY APPRAISAL REPORT
ProperlY Descrlpllon . UNIFORM RESIDENTIAL APPRAISAL REPORT ,File No, 01.0939
I PropertvAddress 1678 Douglas Drive Cltv Carlisle Stale PA ZipCode 17013
"egal De~crlplion Deed Book A.33. Page 599 County Cumberland
,- Assessor's Parcel No, 29-17-1583.120 Tax Year 01-02 R.E. Taxes $ 872,00 Special Assessments $ None
Borrower Debra SMITH Current Owner KylelDebra Smith Occupant: IXI Owner I I Tenanl I I Vacanl
u Pronerlvriohtsappralsed IXI FeeSlmole I I Leasehold I ProieclTvoe I PUD I I Condominium/HUDNAonlv) HOA$ N/A /Mo,
Nei!.lhborhood or Proiect Name North Middleton Twp Map Reference 17~1583 Census Tract 0119.00
Sale Price $ NJA Date of Sale NJA Description and $ amount of loan charQes/concessions to be paid bvselJerNJA
Lender/Client Debra Smith Address 1678 Douglas Drive, Carlisle, PA 17013
Aooraiser Stan A, Skowronek Address 126 North Hanover Street, Carlisle,PA 17013
location W Urban ~ Suburban W Rural Predominant Single family housing Present land use % Land use change
Buill up 0 Over 75% 00 25-75% 0 Under 25% occupancy r(~~E 1~f One family 70% 0 Not likely 0 likely
Growlh rale 0 Rapid 00 Stabie 0 Slow 00 Owner 95 65 Low New 2,4 familv 0% 00 In process
Property vaiues 00 Increasing 0 Slable 0 Declining 0 Tendnt 140 Hioh 50 Mulli,lamiiy 0% To: Residential
Demand/supply 0 Shortage 00 Inb~ance 0 Oversupply 00 Varnnt((){j%),' Predominant Commercial 0%
Markelinatime n Under 3 mos. 00 3-6 mos. n Over 6 mos. n Vacant(over5%) 75 I 30 Vacant l 30%
Note: Race and the racial composition of the neighborhood are not appraisal factors.
Neighborhood boundaries and characleristics: Subject is bounded on the north by Chester Dr, on the east by Sterretts Gap Rd, on the
: south by Hillcrest Dr and on the west by Longs Gap Rd,
. Factors that affecllhe marketability of the properti~s in the neighborhoo1proximily to employment and amenities, employment stability, appeal 10 market, etc.):
. There are no adverse factors to affect marketability of subject. Diverse stable employment and all supporting amenities are
u witHin easy driving distance, SMSA 3240
Market conditions in the subject neighborhood (including support for the above conclusions related 10 thteend of properly vatues, demand/supply, and marketing time
- - such as dala on compeliUve properties for salein the neighborhood, description of the prevalence of sales and financing concessions, etc.):
Property sales records and MLS statistics show a steady, moderate Increase in property values over the past year, Average
marketing lime of 80-100 days shows a good balance of supply and demand, Few sales and financing concessions are needed
in the neighborhood,
. Project Informallon for PUD6(1f applicable) - -Is Ihe developer/builder In control of Ihrliome Owners' Association (HOA)? U YES U NO
. Approxlmaletolal number of units in the subjecl projecl N/A Approximatelotal number of units for sale In the subject projecl N/A
Describe common elements and recreational facilities:N/A
Dimensions See legal description Topography Basically Level
Site area ,06 Acre mil Corner Lol U Yes lKJ No Size Typical for area
Specific zoning classification and description Suburban Residential Shape Rectangular
Zoning compliance 00 Legal =0 Legal nonco~ng (Grandlalhered use) U Illegal U No zoning Drainage Appears adequate
Hiahest & besl use as imoroved: IX I Present use I I Other use {exDlain} View Residential
Utilities Public Other Off.site Improvements Type Public Private landscaping Average
Elec~icitv 00 200 amp Slreel Macadam 00 0 Drlvewav Surtaco N/A
Gas 0 Curb/guller Concrete 00 0 Apparent easements None Apparent
Waler 00 Sidewalk None 0 0 FEMA Special Flood Hazard Area 0 Yes 00 No
Sanilary sewer ~ S~eellights Adequate ~ Q FEMA Zone C Map Dale 04/01182
Storm sewer I X I Allev None I I I I FEMA Map No, 420367 0010 B
Comments (apparent adverse easements, encroachments, spedal assessment;>slide areas, iIIeual or legal nonconforming zoning, use, etc.): There are no
apparent adverse easements, encroachments or other adverse conditions.
. Finished area above arade contains: 6 Rooms' 3 Bedroom's);
'INTERIOR Malerials/Condillon HEATING KITCHEN EQUIP, ATTiC
Ftoors CarpeWlnvl Type FHA Retrlgerator 0 None
. Walls Drywall Fuel Oil Range/Oven 00 Stairs
Trim/Finish Wood ConditionAv9 Disposal 0 Drop Stair
Balh Fioor Vinyl COOLING Dishwasher 0 Scullle
Balh Wainscol Drywall Cenlral Yes Fan/Hood 00 Floor
Doors Hollow Core Other N/A Microwave 0 Healed
Averalle Condition ConditiorAv9 Washer/Drver M Finished
I Additional lealures (special energy elliclenl ilems, elc,): Covered wood deck.
'Condition of the Improvements, depreciatior(physical, functional, and external), repairs needed, qUal,lty of construction remodeling/addllions, etc.:
ments are In average condition with no physical or functional inadeauacies apparent.
GENERAL DESCRIPTiON
Ao, of Units 1
No. of Stories 2
Type (DeIJAII.) Attached
Design (Slyle) Twnhouse
ExistinglProposed Existing
Age (Yrs,) 22
EllectiveAoe'Yrs,) 5-10
ROOMS Fover
EXTERIOR DESCRiPTION
Foundalion Conc. Block
Exterior Walls BrickNinvl
Roof Surtace Asphalt
Gullers & Dwnspls, Aluminum
Window Type Double hung
Storm/Screens Thermal
Manufactured House No
Dinino Kitchen Den
FOUNDATION
Slab None
Oav.t Spare None
Basemenl Full
Sump Pump None
Dampness None Obs,
SeWement None Obs,
Inleslation None Obs,
Familv Rm, Rec, Rm,
1
BASEMENT
Area SqH 594
% Finished 85%
Ceiling Drp/Unfin
Walls Pine/CB
Floor Crpt/Conc
Outside Entry Yes
Laundry
.
,
. Basement
Level 1
. Level2
Li~no
Bedrooms # Baths
1
1 1
,5
3 2
.
2,5 Bathls):
AMENITIES
Flreplace(s) # _
Patio
INSULATION
Roof 0
Ceiling . 00
Walls . 00
Floor * 00
None 0
Unknown 0
"R Factor Unk
Other Area SoH
505
594
612
o
1,206 Sauare Feet of Gross Livino Area
CAR STORAGE:
None 00
Garage
o
o
o
00
o
R
,Deck Covered
Porch
Fence
Pool
o
o
00
o
o
R
# of cars
AUached
Delached
Bulll,ln
Carport
Drivewav
Improve
Adverse environmental condllions (such as, bulnot limlled to, hazardous wastes, toxic substances, elc.) presentln the lmprovement,son the site, or in the
immedlale vicinity ollhe subjecl proper IV: No adverse environmental conditions are apparent/disclosed,
FreddieMal;Fllrml0 6.93
PAGE 1 OF2
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S, W, BARRETT REAL ESTATE & APPRAISAL SERVICES
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File No, 01-0939
11/01/2001
Debra
Debra Smith
1678 Douglas Drive
Carlisle, PA 17013
File Number: 01-0939
In accordance with your request, I have personally inspected and appraised the real property at:
1678 Douglas Drive
Carlisle, PA 17013
The purpose of this appraisal is to estimate the market value of the subject properly, as improved,
The property rights appraised are the fee simple interest in the site and improvements,
In my opinion, the estimated market value of the property as of October 3D, 2001 is:
$81,000
Eighty-One Thousand Dollars
The allached report contains the description, analysis and supportive data for the conclusions,
final estimate of value, descriptive photographs, limiting conditions and appropriate certifications.
Respectfully submitted,
~G-~~l
Stan A, Skowronek
Certified Resldonllal Appraiser
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124-126 NORTH HANOVER STREET, CARLISLE, PA 17013 717-243-6646 AND FAX 717-243-8627
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SKETCH/AREA TABLE ADDENDUM
Case No
-------------_._~._--
-"'~~P_ery Address_~IIA""!llas D!:,v.
City CarlisI. ' -,-, CounIY_,<::lJ",!>.rl~~d
Borrower Debra SMITH
..
L~;;d~;iClie~i- D~br;;-S';;iih---- ",----,-.--.,----
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Apprai~er Na.me Stan A, Skowronek
File No 01-0939
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Slale PA
Zi" 17013
._-~---_._--------~-_._---~
, UC Addr."~s_~7.!l!>~uglaS D~~;:-ca,ilsle;pA 17013--------'----;
Appr Address 12.6_N'?.rt~"..0\I~~ca;iis!;;PA17013
"nnn 'WI 'T T 'II
Living Room
Dining S~
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Bedroom
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Comments:
AREA CALCULATIONS SUMMARY
Description Size Totals
- -~- -.F"!rst--Floor--.-----..------s9'4. 0000 594.0000-
Second Floor 612. ooao 612.0000
Covered Deck 192.0000 192.0000
Code
GLA1
GLA2
PIP
.
TOTAL LIVABLE (rounded)
1206
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Apr.B100-wApltKII
Scale: 1 = 11
- -TiViNG-AREA-BREAKl::jowi,j---
Breakdown Subtotals
--First FlOor--'
19.00 x 33.00
Second Floor
19.00 x 34.00
594,0000
612.0000
2 Areas Total (rounded)
1200 I .1
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LOCATION MAP
Borrower: Debra SMITH
Properly Address: 1678 Douglas Drive
City: Carlisle
lender: Debra Smith
File No,: 01-0939
Case No,:
Slate: PA
Zip: 17013
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File No, 01-0939
......... QUALlFICA TJONS .........
The following checked items are SPECIFIC SPECIAL CONDITIONS that were identified by this appraiser during the
Inspection of the subject property, the com parables sales, and their neighborhoods and locations, Unless otherwise
noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED, This Is not a home
inspection service, This is an appraisal to estimate market value.
_1, The subject Is located in a rural area and Is less than 25% buill-up,
_2: CommerciaJ/lndustrial uses are located within the subject's neighborhood. These uses are typical of similar
neighborhoods,
_x_3, Vacant and undeveloped land uses are located within the subject's neighborhood, These uses are typical for
the area,
_x_ 4, The predominant value in the neighborhood Is les5 than that of the market value of the subject property. This
Is due to the very wide range of value of properties in the area and superior quality of the subject property,
_5, The subject property Is located in a F,E,M,A, Identified Flood Zone, Flood insurance coverage Is required and
suggested,
-'-..6. Dampness Is noted In the basement of the subject. Standing or running water was not present on basement
floor, This condition Is considered typical In dwellings of this style,
_1, The subject property Is serviced by private well and/or septic systems which is common for the area,
_x_a, The subject Is older than five(5) years, All mechanical systems including the heating, electrical and plumbing
systems appear upon a visual exterior Inspection to be In working order, No warranties are Implied In this statement.
_9, Repair items were noted in the comments section of the report, These comments on repair items are for
descriptive purposes only and are not required repairs, The Items listed are cosmetic In nature,
_10. The basement floor is a dirt floor, This condition Is common and typical for the area, and does not pose a
health or safety hazard,
_11, The subject property does contain functional obsolescence as noted In the report, This condillon is
considered typical and common for the area and this style dwelling,
_12, The land value exceeds 30% of total value due to the high demand for vacant land In this neighborhood, This
condlllon Is considered common and typical for the neighborhood,
"
_13. The land value exceeds 30% of total value. This Is due to the large size of the site. This condillon Is
considered to be typical and common,
_14, Individual adjustments were required that exceed 15%, These adjustments were required due to lack of more
similar comparables on that Individual rallng, All comparables used are the best available.
_15, Total adjustments exceed 25%, This Is due to the lack of comparable sales that were more similar In the
subject's market area, All comparables used are the best available,
x16, One or more comparable sales are older than slx(6) months, Although there are comparable properties In the
subject's area, none have sold recently; therefore, sales In excess of slx(6) months have to be used, All comparables
used are the best available,
17. One or more com parables used were In excess of one (1) mile from the subject property, Although there are I
comparable properties In the immediate area, none have sold recently, Therefore, it was necessary to use comparable
sales outside of the Immediate area, All comparables used are located in similar neighborhoods and within the same
marketing area, All comparables used are the best available,
_18, The electrical system was not connected during Inspecllon,
_19. The water service was not connected during Inspection,
_20, The healing system was shut down during Inspection,
_21, Rooflng_Plumblng_Electrlcal_Heallng_certification(s) Is/are suggested,
22, Inground swimming pool_, out buildings_are Included_,notlncluded_accordlng to lender's
guidelines.
_23, According to lender's guidelines a maximum of_acres were considered for this valuation, Remaining
acreage was given no value.
--~~--------------
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File No, 01-0939
......... QUALIFICATIONS .........
n-1
_24, The subject property Is located on a private road.
_25, Wood Infestation Inspection is suggested,
_x_26, Last recorded deed transfer: Date_11/05/87_. Consideration: $_1,00
_27, Proposed construction/renovation In accordance to plans and specifications to be completed In a workman-like
manner.
_28. Seller Is paying part or all of closing costs.
_x_29, All comparable sales are verified closed sales.
_x_30, There are no special condlllons or other requirements that would affect market value or future marketability In
the Appraisal Report,
. ,
CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APPRAISER DURING
INSPECTION.
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File No, 01-0939
DEFINITION OF MARKET VALUE: The mosl probable price which a property should bring in a compelilive and open market Ii,
under all conditions requisite to a fair sale, the buyer and seller, each acling prudentiy, knowiedgeably and assuming the price is not
affecled by undue slimulus, Implicit in this definition is the consummalion of a sale as of a specified date and the passing of lille from
seller 10 buyer under conditions whereby: (1) buyer and seller are Iypically motivated; (2) both parlies are well informed or well advised,
and each acling in what he considers his own best interest; (3) a reasonable lime is allowed for exposure In Ihe open market; (4) payment
is made In lerms of cash in U,S, dollars or in terms of financial arrangements comparable Ihereto; and (5) the price represenls Ihe normal
conslderalion for the property sold unaffected by special or creative financing or sales concesSions' granted by anyone associated with Ihe
sale,
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. Adjustmenls 10 the comparables must be made for special or creative financing or sales concessions, No adjustments are necessary for Ii
those costs which are normally paid by sellers as a result of tradition or law in a markel area; these costs are readily identifiable since Ihe
sener pays these costs in virtuaily all safes transactions. Special or creative financing adjustments can be made to the comparable property
by comparisons to financing terms offered by a third party institulionallender that is not already involved in the property or transaclion, Any
adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any
adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's cerlificalion that appears in the appraisal report is subject to the
following condllions:
1, The appraiser will not be responsible for mailers of a legat nature that affecl either the property being appraised or the litle to it. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions aboul the title, The property Is appraised
on the basis of it being under responsible ownership,
2, The appraiser has provided a sketch in the appraisal report to show approximate dimensions qf the improvements and the sketch is
included only to assist the reader of the report in visualizing the properly and understanding the appraiser's determination of its size,
3, The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data
sources) and has noted in the appraisal report whether the subject site is located In an identified Special Flood Hazard Area, Because Ihe
appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.
4, The appraiser will not give teslimony or appear in court because he or she made an appraisal of the property in queslion, unless specific
arrangements to do so have been made beforehand,
5, The appraiser has estimated the value of the land in Ihe cost approach al its highest and best use and Ihe improvements at Iheir
conlributory value, These separate valualions of the land and improvemenls must not be used in conjunction with any other appraisal and
are invalid if they are so used,
6, The appraiser tias noted in Ihe appraisal report any adverse condilions (such as, needed repairs, deprecialion, the presence of hazardous
wastes, toxic substances, etc, ) observed during the inspeclion of the subject properly or thai he or she became aware of during Ihe normal
research Involved in performing lhe appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden
or unapparent conditions of the properly or adverse environmental conditions (including the presence of hazardous wastes, toxic
substances, etc, ) that would make the property more or less valuable, and has assumed that there are no such condilions and makes no
guarantees or warranties, express or implied, regarding the condition of the property, The appraiser will not be responsible for any such
condilions that do exist or for any engineering or tesling that might be required to discover whether such conditions exist. Because the
appraiser Is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment
of the property,
], The appraiser obtained the informalion, eslimales, and opinions that were expressed in the appraisal reporl from sources that he or she
considerS to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such
items that were furnished by other parlies,
I
8, The appraiser will not disclose the conlents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Praclice,
9, The appraiser has based his or her appraisal report and valualion conclusion for an appraisal thaI is subject to satisfactory completion,
repairs, of alleralions on the assumplion that complelion of the Improvements will be performed in a workmanlike manner.
10, The appraiser must provide his or her prior written consent belore the lender/client specified in the appraisal report can distribute the
appraisal report (including conclusions about the property value, the appraiser's idenlity and professional designations, and references to
any professional appraisal organlzalions or the firm with which the appraiser is associated) to anyone other than the borrower; the
mortgagee or its successors and assigns; the morlgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial inslitulion; or any department, agency, or instrumentality of the United Slales or any slate or Ihe District of Coiumbia;
except lhat Ihe lender/client may distribute the property descriplion section of the report only 10 dala collection or reporting service(s)
without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before
the appraisal can be conveyed by anyone to the public through adverlislng, public relalions, news, sales, or olher media,
Freddie Mac Form 439 6.93
Page 1 of2
Fannie Mae Form 1004B 6.93
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File No, 01-0939
APPRAISERS CERTIFICATION: The Appraiser certifies and agrees thaI:
1, I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate
to the subjecl properly for consideration in lhe sales comparison analysis and have made a dollar adjustmenl when appropriate to reflecl the
market reaction to those items of significant variation, If a significant item in a comparable property is superior to , or more favorable than,
the subject property, I have made a negative adjustment to reduce the adjusted saies price of the comparable and, if a significant item in a
comparable property is Inferior to, or less favorable than the subject property, I have made a positive adjustment 10 Increase the adjusted
sales price of the comparable,
)
2, I have laken into consideration Ihe factors that have an Impact on value in my development of the estlmale of markel value In the
appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my
knowledge, that all statements and information 1n the appraisal report are Irue and correct.
3, I stated in lhe appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject
only to the contingent and limiting conditions specilied In this form,
4, I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal
interest or bias with respect to the participants In the transaction, I did not base, either partially or completely, my analysis andlor the
estimate of market value in the appraisal report on the race, color, retigion, sex, handicap, familial status, or national origin of either the
prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the
subject property,
5, I have no present or contemplated future interest in the subject properly, and neither my current or future employment nor my
compensation for performing this appraisal is contingent on the appraised value of the property,
6, I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,
the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event In order to receive my
compensation andlor employment for performing the appraisal. I did not base the appraisal report on a reqrrested minimum valuation, a
specific valualion, or the need 10 approve a specific mortgage loan,
7, I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgaled by Ihe Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,
with the exception of the departure provision of Ihose Standards, which does not apply, I acknowiedge that an estimate of a reasonable
time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the
marketing time noled in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section,
8, I have personally inspecled lhe interior and exterior areas of the subject property and the exterior of ali properties listed as comparabies
in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvemenls, on lhe
subject site, or on any site within the immediate vicinity of the subject properly of which I am aware and have made adjustments for these
adverse conditions in my analysis of the property value to the extent that I had market evidence to support them, I have also commented
about the effecl of Ihe adverse conditions on the markelability of the subject properly,
9, t personally prepared all conctusions and opinions aboullhe reat estate that were set forth in the appraisat report. If i retied on
significanl professional assistance from any Individual or individuals in the performance of the appraisal or the preparation of the appraisal
report, I have na/ned such individual(s) and disclosed the specific lasks performed by them in the reconciliation section of this appraisal
report. I certify that any individual so named is qualified to Perform the tasks, J have not authorized anyone to make a change to any item in
Ihe report; therefore, if an unauthorized change is made to the appraisal report, I wili take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisat report, he or she cerlifies
and agrees thaI: I direclly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the
statements and conclusions of lhe appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking
full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 1678 Douglas Drive, Carlisle, PA 17013
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SUPERVISORY APPRAISER (only if required)
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Signature: ~-=:> "'==-- ~ ( J .
Name: Sleven W, Barrett, SRPA, SRA
Date Signed: 11/01/2001
Stale Certification #: GA-000298-L
or Stale License #: RB-026921-A
State: P A
Expiration Date of Certification or License: June 30, 2003
APPRAISER:
Signature:
Name: Stall A, Skowronek
Dale Signed: 11/0112001
State Certification #: RL-001572-L
or State License #:
State: P A
Expiration Date of Certification or License:
June 30, 2003
00 Did 0 Did Nollnspect Property
Certified Residential Appraiser
Freddie Mac Form 439 6.93
Certified General Appraiser
Page 2 of 2
Fannie Mae Form 1004B 6-93
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IIp_e Abo...e Thll lint For R.elM'dlnl Oeta) .
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MORTGAGE
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',,; , , , , , , , ' , , , , , , , ' , , , , , , , , , , , , , , , , , , ("Borrower"), This Security Instrument Is glven to, , , , , , , , , , , , ,
(,MAC Mort~nRe Corporntlon of PA h h
' , , , , , ' , , , , , ' , , , , , , , , , , , , ' , , , , , , , , , , . , , , , , . , , , , , , , , , , , , , , , , , , , ,w Ie Is organllCd and existing
ulH.lcr the laws (If , , .P,e,",n,fl.Y.1-y,lI.",1,8, , , , , , , , , , , , , . . , , . , . , , . '\ and whose address is . , . , . , . , . . , . , . . . . . .
, , ,1.3.1..0, ,.old, ,Yo.r,k R,o,n,d,., ,M,el,r,o,s,e, 'p,n.r,k,., ,p'e,o.ns,Y,l,'(,,:o.l,,\ , ,9,I,2,6::l.B~4, , , , , , , , , , , , , , , , ,("under"),
Borruwer owes Lender the principal sum of , , .F,~R.~Y, ,F:T,I(E; , ,T.l!~~SN1~ ,l-1I.l~E; ,1j~l-1~I\F,~ ,n.nA ,~/.I,~~ , , , , , , , , ,
, , , , , , , , , , , , , , , , , , , , . , , , , , Dollars (V,S, $ , , , , ,4,5,.,9,~~.,~~ , , ,), This debliscvldenccd hy Borrower's note
daled the ..nle dale as this Security Inslrumenl ("Note"), which Srovldos for monthly payments, with the foil debt,lf not
paid earlier, duo and payahle on ,th,e, ,f,i,r,s,t, Any, .o,f, ,J,u,n,e, ? ),6, , , " , , , , , , , , , , , , " This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all rel'\ewals, extensions and
modifications: (b) the payment of aU other sums, with interest, advanced under paragraph 7 to protect the security of this
Stcurity tl\strument~ and (c) the pe,ronnance or Bort{)wcr', covena.nts and agreements. under this Security Instrument and
the Note, For this purpose, Borrower docs hereby mortga&..e, grant and convey to Lender the following described property
I t d I Cumberland C PI'
oea en, . , . . . . . . . . . . . . . . , . . . . , . . , . . . . , . . . . . . . . . . . . , . , . . . . . . . . . . . . , . , , ounty, ennay vania.
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ACCORDING TO SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF
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which has Ihe address of, , ,1,6.7,8, ,D,o,u,al,a,s, ,D,r,i,v,e, , , , , , , , , , , , , , , , , . , " ' , , , , , , , ' , , , , . ,C.,\r,\l,a,\,\ , , , ,
, (Su'ell [CI1YI
I' I I 17013 ' ("P t Add ,,),
cllnsy V:11l a, , . , , , . . , , . ' . , . , . , , . . , , . , , , . , , roper y ress t
flip Cod. I
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurlenances, renls, royalties, mineral. oil and gas rights and profits. water rights and stock and all fixtures now or
hereaner a part of the property, All replacements and additions shall also be covered by this Security Instrument. AU of the
foregoing i" rcl"ened to in lh\s Security Inslrument as the "Properly'"
1l0RROWICR COVICNANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant 8nd convey the Property and that the Property is UilenCl.lmbefed~ e!-cept for encumbrances ,-of record,
BorrClwcr warrants Bna win defend gencraliy the title to the Property against all claims and demands, subject to any
encumbrancc;s- o( record.
Tms SECURITY INSTRUMENT combines uniform covenants for national use and non~unifonn covenants with
limited variations by jurisdiclioJ1lo constitute a uniform securhy instrument covering real property.
PENNSYLVANIA-Singl. Famlly...fNMA/fHlMC UNIFORM INSTRUMENT
bOOK M? r~tE an
fonn 30n U 183
Stt31
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IX~i /2~ Yo ( tlV'~t2'<<C.c))t& (;/-'</' /X&2.LJ? j~ Lf 'l,l /7 7f 5- 6-/rst\
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(1 , ~f<J:, l11t'1/T C '" tY' '7' / ---
WHEN RECORDED. RETURN TO:
WASHINGTON SQUARE MORTGAGE COMPANY
7015V1STADRIVE
WEST DES MOINES, IOWA 50266
.., ,. ..I.. ~U~;\
r.::C:;;i;}i:H OF (jElOS
Cl-';.:i',UiL.\:~;i G;,,1UIH'J - FA
'93 JUII15 Ilf'lll 56
"""Ab,o, ,,,;, U" r" n""dI" olWS M~~f SATISfICS
a., ~TISfACTlON PIECE
DATED 3-.;).:5 -0 '1---
flECORDftO IN M/SCl B v PAGE LfC'J7:~
JUNE 0 ~ oy---' n.'
.1_,
SMITH, HUSBAND lIND WIFE
LOllN NO. 49328 ~
THIS MORTGAGE ("Securily InslrulI1cnt") is given on
The mortgagor is KYLE W SMITlI 1\.ND DEBRA J
Thi. Secllrily 1".lmlllenl i. give" 10 UNITlIS MORTGlIGE CORPORllTION,
(~Dorrower").
which is organized Rnd e~isljllg under lhe I:.ws or PENNSYLV1\.NI1\ , Rnd whose
odd,,,,.. i. 17 E IIIGH STREET, STE 102,
ClIRLIBLE, PlI 17013 ("Lender"),
Borrowcr owes Lend::r the principnJ sum of
FORTY-FIVE TIIOUSlIND FIVE HUNDRED AND 00/100 Doll."
(U.S. $ 45,500..00 ). This debt is evidenccd by Borrower's note dated (he same date RS this
Security Instnuuenl ("Nolc"), which provides for monthly Imymenls, with the full debt, ir nol paid e.-1rlier, dne and payable
on JULY 1, 2008 . Thin Security In.slromcnl secure.s 10 Lender: (a) rhe repnymenl of
Ihe debt evidenced by tho Nole, wilh interest, Rnd nil renewals, extensions and modificntions of the Note; (b) the paymonl or nil olher
sums, with iutere..<;t, ndvnnced under pl1rngmph 7 to proted the security of this Security Jnslrumenl; nnd (c) the perforitJRl1ce of
Borrower's covenants Rnd ngrccl11cnls under Ibis Security Instrument and the Note. for this purpose, Borrower does hereby
morlgnge, grant nnd convey to Lender lhe following described properly locRled in
CUMBERLAND Coullly, Pennsylvania:
SEE lITTlICHED SCHEDULE "11" FOR LEGlIL DESCRIPTION
which hns the lIddress of
1670 DOUGLlIS DRIVE
ClIRLISLE
Penllsylvania
17013
IShu11
("Properly Address~);
tCilyl
IZi" Cod~1
TOGETHER WITt I alllhe improvelt1enls noW or here...Ocr erecled on the property, And nil ensel1lents, nppurtenances, nnd Ji~turcs
now or hercaHer n pari or the properly. All replacemenls and Rdditions shall Rlso be covered by this Securily Inslrument. All of
Ihe roregoing is referred 10 in this Security Inslrllment as the ~rroperty~.
BORn OWER COVENANTS thlll Borrower is lawfully seised or lhe estate herchy conveyed nnd has lhe righl to Itlorlgnge, gmnl
and convey Ihe Properly and lhal the Properly is unencumhered, e~cepl for encumbrances of record. Borrower wnrranls and will
defcnd generally the tille to the Pcoperly againsl aU claims and demands, subject (0 nllY encumbmnces or record.
PENNSYL VANIA. Sinatn r:nmilv . Fllnnlo Ml1ofFroddio Mile UNIFonM INSTRUMENT
n~nlo:;lnll ro",... SUI'I>'V C..., Inll. 10001 ""0-0055 Pogo 1 of G
~otm 303J 9190
UI'T'3039lf91
iioOK 1.1.42 !'^GE 701
AUG 30-02 11:02 AM
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Car1.!..1. PA 17013
TIN 2S-1G33nO
~ OF BORROWER'S TRANSACTION
K, SUMMARY OF SELLER'S TRANSAQIlQIi
100 :. i~~~~:_~'~r.ii.' :.,t:.'.. ~t.j:~t1~f.:~:~:f.;rH~~iW1:~~:~;
101 CQnlraet ...,1.. price
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10:! &81II.m.f't1 eharglllram (11M '''00)
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rill3 Elrllllng laanl.' taken lubJtd to
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606 Paroff of IMImrd mortUaU. loan
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512 "..umanl.
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103 Aflpralas.l Ft..
81)4 Cttdk Report
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80S Mortgage l".urar'lC$ Appllca\lQn File
801 ASl"urnp(loN F..
806 ~p11a,..t1.on f.. to
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""\
,-'Web Center
www,tiaa-<:ref,org
October 1,2000 - December 31,2000
730 Third Avenue. New York. NY lOO17-32(
Automated 24-Hour
Information .." '
800'S4Z=ns:F
556'&13/B'l..35SS
Personal Assistance
800 842c2776 "..
M-F. 8am-llpm, ET
5.5. 9am-6pm ET
1...111".111,","11..11""1111,"1".11"1...1,11
DEBRA JIll SMITH
1678 DOUGLAS DRIVE
CARLISLE PA 17013-1078
portfolio summary
pesrlnninll value as of:
Changes during the period:
Contributions
Distributions & rollovers
Net investment gain/loss
TIM Traditional interest
Ending value:
(09/30/00)
this Quarter
$24.232.22
(12/31/99)
this year
$27.296.26
0,00
0,00
0,00
434,35
$24,666.57
0,00
-4.583,81
93,08
1,861.04
$24,666.57
total value as of 12/31/00: $24,666.57
Your ponfolio summary includes the activity of contracts that were closed this year and currently have no
value,
Ail of us at TIAA -CREF send best wishes for a healthy and happy new year!
,~
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"
~~'o_~..,j.!ll""
"""-,.1
----.
your investment results & returns
gainsnosses gainsnossas value as ot
this quarter this vear 12131/0C
$0,00 $40,31 $O,OC
0,00 20,15 O,OC
0,00 32,62 O,OC
$0.00 $93.08 $0,0(:
interest credited interest credited value as of
this quarter this year 12131/00
$434,35 $1.861.04 $24,666,5~
$434.35 $1,861.04 $24,666.5i
$24,666.57
Equities
CREF Stock
CREF Global Equities
CREF Growth
Guaranteed
TIM Traditional'
total value as of 12/31/00
For rates of total return or current interest rates for all TlAA-CREF accounts as of 12/31/00, refer to the
enclosed performance card,
, TIAA Traditional guarantees your principal and a specified interest rate, plus it offers the opportunity
for grt:ater growth through dividends, Dividends when declared remain in effect through the end of the
dividend year, which begins March 1st. Your interest earnings include the change in the discounted or
present value of your Transfer Payout Annuities,
Slsset allocation
total value
by asset class
. guaranteed 100%
To transfer funds among the TlAA-CREF accounts, visit 01
Web Center or call our Automated Telephone Service at
800 842-2252, To create a personalized ponfolio a1locatiOl
go to www,tiaa-cref.org/alloc-calc or call 800 842-2776,
5568
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value by contract
as of 09130/00
as of 12/31/00
Transfer Payout Annuities
TIAA 1F73642'6
TlAA Traditional
$24.232,22
$24,232.22
$24.666,57
$24,666.57
The value of your Transfer Payout Annuity is the discounted or present value of your remaining total
annual transfers based on current dividends as of a speciflc date, As dividend interest rates change, your
discounted value will change,
total value:
$24.232.22
$24.666.57
other contract activity
Transfer Payout Annuities
T1AA 1F73642-6
Next transfer date: 08/01/01
Destination: CREF Accounts
Transfers remaining: 7
You have no scheduled transfer payments this quarter,
for your information
We reserve the right to correct any clerical errors_
There were no transactions on any of your contracts during the quarter.
Helpful definitions
Portfolio swnmary: a high-level overview that totals all your retirement contracts together and shows
you how this value changed from the beginning of the quarter to 12/31/00, and from the beginning of the
year to 12/31/00, -
Net investment gain/loss: the dollars earned as a result of the performance of your funds invested across
all the TIAA-CREF variable annuity accounts,
)
'~
TIAA Traditional interest: the dollar amount of interest earned on your TIAA Traditional annuity
values, A specified amount of interest is guaranteed,
Asset allocation: a breakdown of how your total retirement ponfoIio is allocated across the four major
TIAA-CREF asset classes - equities, fixed income, real estate, and guaranteed,
Effective date: the date funds begin panicipating intlie investment results of the TlAA-CREF accounts,
Ensuring the flAture for those who shope it,SM
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NOV. 2,2001- 4: 13PM-
P.H.RECORDS
NO. 311
P,6
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Teachers Insurance and Annuity AssociatIon
Colle,ge Retirement Equities Fund
730 Third Avenue/New York, NY 10017
T1M-CREF RETlRalENT ANNUITIES
OUarterly Conflnnatlon Of Tran_cttonl for the PerIod I 0/0 1/90 - 1 2/3 I /90
TIM Contract Number
CREF certlflcat. Numl)er
SoCial Security Number
B128321.3
0128321-0
185-S0.a~54
DEBRA JILL KELLER
671 S 82NO STREET
Ai'T35
HARR1SBURGH PA
Premium R'llIltter:
(A) . THe PENNSY~VANIA S1ATE UNIVERSITY
17111
.
A remlllance was reClllved from your In.lllullon, bU1 not processed In lime to be Included In thla reporl. Any PByment
received lor your eonlract{s) will appear In your next reparL All premium payment. parllelpate al 01 the date received,
Where applicable, your pay Itub should be consulted to delermln. the period between when the lalary
reduction occurred and when Ihe amounl wa. credited to lh. challn CREF account or TIAA annuity,
These RetlrllTienl Annulllll$ do not provide lor 10Bnl and cannot be assIgned.
The rlghl to correct any clerical error In Ihls repa" Is reserved.
I. SUMMARY OF TRANSACTIONS THIS QUARTER
TOTA~ PIlEhlJUWll S 17',13 AL1.ClCATm AI1 $ 211. 72 $ Z11.74 S U7.H
!" 'lI"lcl' PercentaGe CREF CREF
o;.llon Tra"..ctlQn Descrljrti"n Pntmllllllt .. AlI~:'I~u TIM STOCK WOrlEY
-...;.... WARltET
Q9/2'J~Q ~r.ml.m nl __ - - _u $ 24S.!! n %5 :g $ ~~.41 $ 12.~~ $ 124.55
'0/311!0 Pllml.", " 241.U 25 12." 12.60 124.55
11/30"0 Pr...lum " 374.57 2' 25 sa 13.7. n.74 1".4'
II. CHANGES IN ANNUITY ACCUWLATIONS THIS OUAATER
TOTAl. ACCUwuv.TJON AS OF 91:30/90: $ 34 .121. 74
OPEHINO tC~r.:n~n UNITS: 411.1" UNIT" 2%1.125
TOTALS ~~~*ue ! ,. $1~Ht" UNIT YALUE: . 4 $.l~'U7'
panlQI- TIM CftEF STOCl< ~'WONEY MARlCtt
g:,~on Unit UnIts unll UnIts j
"mount A-mounl Value Purr;tIaseCl - Val_
O!/ZI"O $ 12.41 $ 12.50 $ '0.1211 1.131 $ 12.." $ lz.272a 10.115
101:11 "a 12.'" 12.50 41,12D1 1.120 lZ4.11 lZ.3114 lD.113
11/U1S0 13.7. 13.1. u.zln 2.117 117.41 lZ.4341 15.071
INTEREST 343.77
UNITS: 417.115 LIMIT" 215.301
CLOSINO UNIT VALUE: $ 44.4017 UNIT VALUI: $12.51n
TOTALS $ 15.552. ., ACCUWULAnON: $ 1I.U3.11 ACCUMUlA T'IOI'i: $ 3.321.12
TOTAl. ACCUMULA'tlOH AS OF 12/31/90: , , $ 37.317 . iii
,~
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: / '~PR. 2.2002 4:48PM P.H.RECORDS
, I;' Te.che". In.urenee and Annuity Aalocl.tlon
" ' ~j; ColloglI Redrement Equltle. Fund
~ 730 Third Avenue/Ne", YOlk. NY 10017
/
/
,
41 J
. ~I
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NO. 561
P.5
T1M-CREF RETIREMENT ANNUITIES
Quarterly Conflrmltlon of Transactlonl for tile Period
KYLE WINTER SMITH
1678 DOUGLAS DRIVE
Cl\RLISLE PA 17013
7/01/80- 8/30/80
TIM eomrlOt NIImlillt
CREP' Certificate HIIIlIW
1Oc11' i8ellr'l)' Humber
"'emlllllllltmltter:
( "') . PI Cl< I NeON COL'LJ;Qf
: B317185.5
: 03i71l15.~
: .185-5.2,2227
Tran~&ctlon~ Po,ted Atter tile CIOh of lhll Quarter Will ...~., on Na~ OIIarterly c:ontlrniltlon.
-
Wher" 8P1>lleabl". your pay Itub .houte De eonlullecl to delermlMtlw llerloe tlelwMIl wnen Ih. 1.lery
reCuellon occurred and when the .mounl WItS Credited 10 IIw chOMn CREF .ccounl or TIM .!\nully,
The~e Retirement Annultl.. do not provld. lor 10'1'1' anCl cannot be ,,'Igned,
The rlghllo corr'CI any Clerical error In Ihl. tell<'r! II re..tved,
T SUMM^RY OF TRANSACTIONS THIS aUiiRTER
TOTAL PAEhlIUM. S ~u,8D ALLOCATED AI, C IIl-U , aU,41 $
P.nle~ - "-&11" em ' CAEF
paUOIl Tran,.Orlon DeSGrlptlan ........Ium. Alloo"'~u.. rIM ITOCK _EY
Pal. ,~ ". WAAKET
lifTfi1i 0 Pr,Mlum lif '- '~~'!e U ~: ]0 n,7. f$ ,~!.~~
01/2./.0 Premlvltl A ,tiC.'O 37.70 113. 'D
D9/25/!D Pt.",lunI A ISO.'O Z5 71 H,7D 113.'0
.
i
II. CHANGES IN ANNUITY ACCUMULATIONS THIS QUARTER
TOTAL At;lCUMUV. TIOH 4S OF 6/30/90: $ U.S2'."
O"EI'I'HO ,ACCU~~~,;Jo:'. UNITS' 21.211 UNIT',
TOT A~B I i;'!:!!r. VALUE: . . '.!!'1!41 lJ\lIIT\<~!:f.!E.L... . ,
Par1lel- TIM CIlEFSTOCK CRP MONEY AWlKET
pal'on Unit UII't4 unit UftIU
D.,_ Amount Amour" .....,.... PImoh_ _n' VIIILte
07/2H90 G 35," S 107,28 S ".0572 2.2S2 , $
01/21/90 37,70 , n, 10 43.4112 2.101
01/2i/90 31.70 113.10 41.21" 2.73'
INTEftEST Z7!,&S
UNITe. 2. , 145 UNITI: ,
CLOSING UNIT YALUE, , 411.UO' UNIT \tALUI'
TOTALS S 12.1!3,O' ACCUMULATIOOl, $ 1.171.47 ACCUIllUl.ATION: C
TOTAL ACCUMUV.'TlON All OF 9/30/80 : $ n.l7o.n
--,/
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........__oJ. L'~
'Web Center
www.tiaa-crcf.urg
A~tomated 24-Hour
Information
800 842-2252
Personal Assi"itance
800 842-2776
M-F. 8am-llpm ET
S-S, 9am-6pm ET
-
; ,-,
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.
January 1, 2001 - March 31,2001
730 Third Avenue, New York. NY 10017-3206
:!:!34lfj'41'~
1,,,111,,,111,,,,.,11,,11.,,11.1,,1,1,,1,,,,111,,1,1
KYLE WINTER SMITH
43 W WILLOW ST # 8
CARLISLE PA 17013-3881
portfolio summary
)
J
Beltinninl!: value as of:
Changes during the period:
Employer contributions
Your contributions
Net investment gain/loss
TIM Traditional interest
Ending value:
this quarter
$67.068.92
(12/31/00)
this year
$67 ,068,92
(J 2/31/00)
258,00
258,00
-8.261.26
312.69
$59,636.35
258,00
258,00
-8.261.26
312,69
$59,636.35
total value as of 03/31/01: $59,636.35
TIAA-CREF makes it easy to keep retirement savings in one place. When you or your spouse roll
over retirement funds to a T1AA-CREF Rollover IRA. all taxes continue [0 be deferred. and earnings
accrue: on a tax-deferred b",,;o until the funus are withdrawn, Take a moment to review the enclosed
M Brief to learn about the advantages of a TlAA-CREF Rollover IRA, call us at 800 842-2776 or go to
www,tiaa-cref.org/iras,
IIIIIIIIII~ 1111111111111111111111111111 ~ 1111111111111111.11.111,111111111111,1111 ~II
:234IS0S
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your investment results & returns
Guaranteed
TIAA Traditional'
gainsllosses gainsllosses value as of
this quarter thiuear 03131/01
-$1,593,36 -$1.593,36 $10.909,08
-3,322,22 -3,322,22 19,132,15
-3,345,68 -3,345,68 11.472.81
-$8,261.26 -58,261.26 $41,514,04
interest credited interest credited value as of
this quarter _ this "'year ()~@I/9_1,
$312,69 $312,69 $18,122,31
5312.69 $312.69 $18,122.31
$59.636.35
Equities
CREF Stock
CREF Global Equities
CREF Growth
total value as of 03/31/01
For rates of total return or current interest rates for all TlAA-CREF accoums as of 03/31/0 I, refer to the
enclosed performance card,
· TIAA Traditional guarantees your principal and a specified interest rate, plus it offers the opportunity
for greater growth through dividends, Dividends when declared remain in effeCt through the end of the
dividend year, which begins March 1st. Your interest earnings include the change in the discounted or
present value of your Transfer Payout Annuities.
asset allocation
total value
by asset class
[] equities 70%
. guaranteed 30%
To transfer funds among the TIAA-CREF accounts or
change your allocation of future contributions, visit our
Web Center or call our Automated Telephone Service at
800 842-2252, To create a personalized portfolio allocation,
go to www.tiaa-cref.org/alloc-calc or call 800 842-2776,
,./'
:!234'
0,,,,"'''''''''' ,L~",,~~,_ ~=
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value by contract
as of 03/31/01
as of 1,213 ~/()O
$12.321.84 .
(65,290 units@$188,7248 j
$22.273,77
(274,681 units@$81,0896 I
$14,663,69
1/84,198 units@$79,6083 I
$49,259,30
Retirement Annuities
TIAA 8317165,5, CREF Q317165,Z
CREF Stock
CREF Global Equities
CREF Growth
Transfer Payout Annuities
TIAA IF71744,Z
TIAA Traditional
$17,809,62
$17,809,62
$10,909,08
(66,286 units@$)64,5760 j
$19,132,15
(277,039 units@$69,0594 )
$11,472,81
(186,276 units@$6/,5904)
$41,514,04
$18.122,31
$18,122.31
The value of your Transfer Payout Annuity is the discounted or present value of your remaining total
annual transfers based on current dividends as of a specific date, As dividend interest rates change, your
discounted value will change,
total value:
$67,068.92
contributions
$59,636.35
The following lists all contributions made to your TIAA-CREF contracts this quaner, The effective date
reflects when funds began participating in the investment results of the TlAA-CREF accounts, You may
also want to review your pay smb to determine when funds were actually reduced from your salary,
Retirement
Annuities
Dickinsol1 COllege - Bi-Weekly
TIAA 8317165,5, CREF Q317165.Z
effective
date contribution
01108/01 $86,00
percent
allocated
35 % CREF Stock
35 % (REF Global Equities
30 % CRf.F Growth
35 % CREF Stock
35 % CREF Global Equities
30% CREF Growth
35 % CREF Stock
35 % CREF Global Equities
30% CREF Growth
35 % CREF Stock
35 % CREF Global Equities
01/22/01
$86,00
02/05/0 I
$86,00
!
/
02/20/0 I
$86,00
r,
",III~~IIIIIIIIIIIIIIIIIIIljllll"IIII"~IIIU~W]JIIIJ~II.
. Remitted this quarter
. Total employer:
: Total employee:
Grand total:
$258,00
$258,00
$516,00
unit
price
$184,5146
$79,6206
$77 .4072
$190,6433
$81.2490
$84,5323
$191.7958
$80,9780
$8~,1139
$181.4517
$75,8527
no. of
x units
0,163
0,378
0,333
0,158
0,370
0,305
0,157
0,372
0,314
0,166
0,397
amount
allocated
$30,10
$30,10
$25,80
$30,10
$30,10
$25,80
$30,10
$30,10
$25,80
$30,10
$30.10
=1
~ jlti9. '~~-"[;IlI5I~:IOO;,'~~jl~i~tl~lll&li_oMi!~~~l-~i;ik"!f:.r.H&J;li1'iii.<.~.-- >. ~~~~'-'"~. """"""'.......-~-
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contributions (continued)
effective percent unit no. of amount
date contribution allocated price x units allocated
30% CREF Growth $73,8371 0,349 $25,80
03/05/0 I $86,00 35 % CREF Stock $176,6133 0,170 $30,10
35% CREF Global Equities $74,2425 OA05 $30,10
30% CREF Growth $69,5202 0,371 $25,80
031l9/0 1 $86,00 35% CREF Stock $165,6829 0,182 $30,10
35 % CREF Global Equities $69,0322 OA36 $30,10
30% CREF Growth $63,5360 o A06 $25,80
other contract activity
Transfer Payout Annuities
TIAA IF71744'2
Next transfer date: 07/0 I /0 1
Destination: CREF Accounts
Transfers remaining: 7
You have no scheduled transfer payments this quaneL
Transfer paymenrs are based on the current TIAA Traditional interest rates in effect. New rates lOok
effect March 1st so your next transfer payment amOUlll is $3,238,97,
for your information
The TIAA-CREF Annual Report is now available exclusively online at
www.tiaa-cref.org/libra/AR/OO/index.htmI.
We reserve the right to correCt any clerical errors,
Any transactions posted after the close of this quaner will appear on your next Quanerly Review,
--
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.
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for your information (continued)
Helpful definitions
Portfolio summary: a high-level overview that tows all your retirement contracts together and shows
you how this value changed from the beginning of the quarter to 03131/01, and from the beginning of tile
year to 03/31/01.
Net investment gain/loss: the dollars earned as a result of the performance of your funds invested across
all the T1AA-CREF variable annuity accounts,
TIAA Traditional interest: the dollar amount of interest earned on your TIAA Traditional annuity
values, A specified amount of interest is guaranteed,
Asset allocation: a breakdown of how your total retirement portfolio is allocated across the four major
TlAA-CREF asset classes - equities, fixed income, real estate, and guaranteed, ,
Effective date: the date funds begin participating in the investment resulrs of the TIAA-CREF accounts,
~
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Ensuring lhe julUrf! for lhose who shape il.SM
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Fidelilyf-'lnvestmentscBl
Hershey Medical Center
Retirement Plans
DEBRA JILL SMITH
1678 DOUGLAS DR
CARLISLE, PA 17013
ENV#MP002383
MP 72133 72124 A
~-.-
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Retirement Savings Statement
October 1, 2000 - December 31, 2000
Account Number: 185508454
~ For information: Calli (800) 343-0860
Intemet Address: http://www.fidelity.com
For online account access:
Fidelity NetBenefits: http://netbenefits,non-profits,com
Your Account Summary
Activitv
Beginning Balance
Employee Contributions
Employer Contributions
Transfer In
Change in Account Value
Ending Balance
The 401fk) Plan
$504,66
380,09
380,09
0,00
2.41
$1,267.25
The 403(b) Plan
$0,00
0,00
0,00
4,167,67
198,95
, $4,366.62
Totals For
All Plans
$504,66
380,09
380.09
4,167,67
, 201.36
$5,633,87
Addltionallnformation
. Dividends & Interest $20,31
$121,65
$141.96
Employee Contributions to Date
Since 01/01/2000 $612,64
$0,00
$612,64
Your Asset Allocation
. Stocks 55"10
. Bonds 39"10
o Short-Term 6"10
,
,
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,
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Your investments are currently allocated among the
displayed asset classes, Percentages and totals may not
be exact due to rounding,
The Additional Fund Information section lists the allocation
of your blended funds,
0001 20010110 MP38
Please read this statement carefully. Any error must be reported to Fidelity Investments_ within 90 days. .
2383 M P002383
" 18550845<
Page 1 of '
~~~~,l\;~~~!J!il'lIIfull['!Ilt&~fj',"""l)~;m;ilr~""'~" '~""~"~'_filill"'-""- ;..;.w.o. tFilll P$!~~ ~o~Mil"'~ -__I F'-o,- . " ~.~;
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Hershey Medical Center Statement Period: 10/01/2000 to 12/31/2000
Retirement Pians Account Number: 185508454
Market Value of Your Account
This section displays the value of your account for the period, in both shares and dollars.
Shares on Shares on Price on Price on Market Value
Investment 09/3012000 12/3112000 09/3012000 12/3112000 on 09/3012000
The 401 (k) Plan
Stock Investments $122.20 $293.12
Fidelity Magellan 0,913 2.457 $133,84 $119,30 122,20 293,12
Blended Investments' $127,49 $326.25
Fidelity Puritan 6,756 17,326 $18,87 $18,83 127.49 326,25
Bond Inveslments $127,76 $326,87
Fidelity Inter Bond 12,957 32,557 $9,86 $10,04 127,76 326,87
Short-Term Investments $127.21 $321.01
Fidelity Ret Govt MM 127,210 321.010 $1,00 $1.00 127,21 321,01
267.25
The 403(b) Plan
Blended Investments' $0.00 $4,366.62
Fidelity P,uritan 0,000 231,897 $18,87 $18,83 0,00 4,366,62
Total For All Plans I
Slock Investments $122.20 $293,12 -I
Fidelity Magellan 0,913 2.457 $133,84 $119,30 122,20 293,12
Blended Investments' $127.49 $4.692.87 I
Fidelity Puritan 6,756 249,223 $18,87 $18,83 127.49 4,692,87
,
Bond Investments $127.76 $326.87 ,
Fidelity Inter Bond 12,957 32,557 $9,86 $10,04 127,76 326,87
Short-Term Investments $127.21 $321.01
Fidelity Ret Govt MM 127,210 321,010 $1,00 $1,00 127,21 321.01
Remember that a dividend payment to fund shareholders reduces the share price of the fund, so a decrease in the share price for the statement period
does not necessarily reflect lower fund perlormancEl.
. Some of your investments are classified as a Blended Fund Investment. Blended Investments may include a mixture of stocks, bonds.
and/or short-term assets. Please refer to the -Additional Fund Information- section to determine the allocation of your blended investments' undertying
assets. The asset breakdown of your portfolio is reflected in the pie chart in the -Asset Allocation- Section.
2383 MP002383
0001 20010110 MP3B
185508454
Page 2 of 5
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Hershey Medical Center
Retirement Pians
Statement Period: 10/01/2000 to 12/31/2000
Account Number: 185508454
Your Contribution Elections as of 01/09/2001
This section displ_ys the funds in which your future contributions will be invested,
The 401 (k) Plan
MANDATORY ELECTIVE BAS/C TRANSFEr ~
Investment DEFERRALS DEFERRALS CONTRIBUTIONS ROLLOVER
Fideii1y Inter Bond 25% 25% 25% 25% ~ 2501< ~
Fideii1y Magellan 25% 25% 25% 25% 25O/.'
Fideii1y Puritan 25% 25% 25% 25% 250/,"
Fidelity Ret GOItt MM 25% 25% 25% 25% 25%;'
Total 100% 100% 100% 1000/. 100%!
The 403(b) Plan
SALARY
Investment REDUCTION CONTRIB ROLLOVER TRANSFER
Fideii1y Inter Bond 25% 25% 25%
Fidelity Magellan 25% 25% 25%
Fidelity Puritan 25% 25% 25%
Fidelity Ret Govt MM 25% 25% 25%
Total 100% 100% 100%
Your Account Activity ,
Use this section as a summary of transactions that occulTed in your account during the statement period.
The 401 (k) Plan
i
}i
I
I
i
I
Activitv
Beginning BalanCe
Employee Cont[ibutiors
Employer Contributions
Change in Account Value
Ending Balance
Dividends & Interest
Fidelity Fidelity Fidelity Fidelity Total Fall
Inter Bond Maael/an Puritan " Ret Govt MM ' Plalfj
$127.76 $122.20 $127,49 $127.21 $504.661
95,02 95,01 95,02 95.04 ' 380,0,1
95,02 95,01 95,02 95,04 380,0,1
9,07 -19,10 8,72 3.72 2.41;
$326.87 $293.12 $326.25 $321.01 u $1,267.251
$3,87 $4,28 $8.44 $3.72 $20.311
The 403(b) Plan
Activity
Beginning Balance
Transfer In
Change in Account Vaiue
Ending Balanc;e
Dividends & Interest
Fidelity
Puritan
$0,00
4,167,67
198,95
$4,366,62
$121,65
A Message From Fidelity
For shares redeemed after 03/15/01, Fidelity Mid-Cap Stock Fund (#0337) will adopt a short-term trading fee of 0,75% of the vaiue of
shares held less than 30 days. The fee is paid to the fund, not Fidelity, to help protect performance & discourage market timing,
,2383 MP002383
0001 20010110 MP3B
185508454
Page 3 of =
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Hershey Medical Center
Retirement Plans
Statement Period: 10/01/2000 to 12/31/2000
Account Number: 185508454
Fund Performance
Average Annual Total Return as of 12/31/2000
Investment 1 Year 5 Years 10 Years Life To Date Inceotion Date
Fidelity Inter Bond 9,75% 5,80% 7,14% 9,10% OS/23/1975
Fidelity Magellan -9,29% 16,28% 18,31% 21,54% 05/02/1963
Fidelity Puritan 7,77% 12,74% 14,66% 12,34% 04/16/1947
Fidelity Ret Govt MM 6,13% 5,39% 4,90% 5,50% 12/16/1988
7-Day Yield: 6,19%
Indices 1 Year 5 Years 10 Years
Dow Jones Index -4,71% 18,11% 17,81%
EAFE Index -14,01% 7,31% 8,34%
LB Gov't Corp Bond Index 11,85% 6,24% 8,00%
S&P 500 -9.10% 18,33% 17.46%
+ Past performance is no guarantee of future results. Total returns are historical and include the change in share value and reinvestment of dividends
and capital gain distributions, if any. Cumulativ.e returns are reported as of the periods shown. Ufe of fund figures are from commencement date to the
period shown. Due to regulatory requirements the average annual total returns are reported as of the most recent calendar quarter for the periods
shown and are caiculateci using a standard formula. The figures do not include the effect of sales charges, if any, as these charges are waived for
contributions made through your cornpany's employee benefit plan. If sales charges were included, returns would have been lower. Each fund's
share price (except money market fUnds), yield, and return will vary, and you may have a gain or loss when you sell your shares.
An investment in a money market fund is not insured or guaranteed by the FDIC or any government agency. Although money market funds seek to
preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in this fund. For Fidelity Retirement Government
Money Market Portfolio, the 7 day yield for the period ending December 31,2000 is 6.19%.
.. The Dow Jones Industrial Average (Dow Jones) is an unmanaged index of common stocks of the 30 major industrial companies and assumes
reinvestment of dividends.
- The Morg'!" Stanley Capital Intemational Europe, Australasia., Fer East Index (EAFE), is an unmanaged index of over 1,000 foreign common stock
pr'IC8S and in~cludes the reinvestment of dividends. The EAFE (R) lndex is a registered service mark of Morgan Stanley and has been licensed for use
by FMR Corp, Unless specified, the investment options offered through the Plan are neither sponsored by nor affiliated with Morgan Stanley, ,~,
.. The Lehman Brothers Gov't Corp. Bond Index (LB Gov't Corp) is an unmanaged total return index comprised of certain public obligations of the U.S.
Treasury, U.S. government agencie$, quasi-federal agencies, corporate debt guaranteed by the U.S. government and public fixed rate,
non--convertible investment-grade domestic corporate debt Issues included in this index have at least one year to maturity.
- The sap SOO(R) is a registered service marl< of The McGraw-Hili Companies, Inc" and has been licensed for use by Fidelity Distributors Corporation
and its affiliates, It is an unmanaged index of the common stock prices of 500 widely held U,S, stocks,
,For more complete information about any of the mutual funds available through the Plan, including fees and expenses, call or write Fklelity for tree
prospectuses. Read them carefully before you make your investment choices. Fidelity Investments Institutional Services Company, Inc. 82
Devonshire Street, Boston, MA 02109 2i 53420,001
Additional Fund Information
Use this section to determine the asset allocation of your blended investments.
Blended Investment
Fidelity Puritan
Stocks
60%
Bonds
40%
Short-Term
0%
Blended Investments allocate portions of their portfoliO in more than one asset class. The asset allocation of your blended investments is reflected
above. The Stable Value portion of Ihe pie chart includes any short-tenn investments held by the Plan's blended fund options.
2383 MP002383
0001 20010110 MP3B
185508454
Page 4 of 5
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Hershey Medical Center
Retirement Plans
Statement Period: 10/01/2000 to 12/31/2000
Account Number: 185508454
Your Statement Glossary
Average Annual Total Return
The aver8g~ annual return of your investmant is calculated by using a change in share price plus dividends and interest and dividing by
the ~propnate nu~b~r .of years. Please note that these numbers reflect past perfonnance only and assume the reinvestment of all dividends
and Interest Your Individual perfonnance may not match these numbers exactly depending on the timing of your Investment
Change in Account Value
The appreciation or depreciation of your holding due to price changes in the funds in which you are invested plus any dividends and interest
earned during the statement period. '
Contribution
Contributions are investments made to your retirement plan either through salary reduction or by your employer during the current
statement period. Contributions not received before the end of the reporting period will be reflected on your next statement.
Dividends atld Interest
A distribution of income from your fund(s) that is a result of a distribution of earnings from its underlying investments. This amount is
automatically reinvested into your account.
Exchange
Moving shares from one investment to another by selling shares and using the proceeds to buy shares of another investment.
Market Value
The dollar value of the investments in your account on a specific day. You can calculate your market value by using the following
fonnula: Market vatue = Number of shares in your account x Price per share of the fund.
Price
The value of one share of each investment in your account is the share price. It is determined by taking the total value of the whole mutual
fund on a givan day, subtracting expenses and dividing the result by tha number of shares outstanding,
Shares
Your units of ownership of each investment in your account.
Some special information about other sections in your account statement,
Market Indices
A market index can measure the general trends in the performance of
certain types of securities. You can use these indices to compare the
performance (average annual return) of the funds in which you are
invested with the performance of the appropriate market index,
. Dow Jones Industrial Average
You can use this index to compare to the perfonnance of some
of your stock funds, This is a price-weighted average of 30
activeiy traded blue chip stocks, primariiy industrial stocks,
+ Lehman Bros. Gov/Corp Bond
You can use this index to compare to the performance of some
of your bond funds. It is an unmanaged total. retum index i
comprised of certain publiC obligations of tha U,S, Treasury, U,S, ;
Government agencies, quasi.federal agencies, corporate debt (
guaranteed by the U,S, govemment and public fixed rate, and
non~nvertible investment-grade domestic corporate debt
Issues included in this index have at least one year to maturity.
+ Morgan Stanley EAFE
You can use this index to compare to the perfonnance of some
of your international stock funds. It is an index of approximately
1,040 companies representing the stock markets of Europe,
Australia, New Zealand and the Far East. -
+ Standard and Poor's 500
You can use this index to compare to the performance of some
of your stock funds, It is an index of 500 slocks of large,
established publiciy traded firms, Because the index is
capitalization weighted (the price of each stock is multipiied by""
the number of shares outstanding), companies with the greatest
market value have the greatest influence on the index.
Asset Allocation
Your investments may be divided into three major asset classes:
Stocks, Bonds, and Short.Tenn Investments. These asset classes
represent the different types of underlying securities that may be held in
the mutual fund(s) you own,
. Stocks
Stocks can add a growth component to your portfolio, They
represent ownership or equity in a company. Stocks have the
potential to outperform other types of investments over the
long-term. However, stocks tend to have wider price fluctuations
over short periods of time than other securities.
. Bonds
Bonds can add an income portion to your portfolio, They
represent a loan to a corporation or government agency, and
provid$ the opportunity for higher current income than short.tenn
investments. Unlike short.term investments, however, bond
prices fluctuate with changes in interest rates.
. Short-Term
Short-Term investments can add stabiiity to your portfolio, They
provida current income and seek to preserve the value of your
investment. They also tend to provide the lowest returns over
the long-term, Examples of these investments include
certificates of deposits (CDs), Treasury BlIIs and Money Mari<et
instruments.
2383 M P002383
0001 20010110 MP3B
18550845~
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Geisinger
Health System
Fide'ityf',nlleslmenls<ll
Retirement Savings Statement
April 1, 2002 - June 30, 2002
ENV#MP010582
MP 72134 015H H1221
DEBRA JILL SMITH
1678 DOUGLAS DR
CARLISLE, PA 17013
IE For online access, log on at:
htt13J1www.fidelity.com/atwork
For information, call: (800) 343,0860
Your Account Summary
Ac/iv/tv
Beginning Balance
Change in Account Value
Ending Balance
Additional Information
, + Dividends & Interest
The 401lk) Plan
$7,650,40
-564,68
$7 ,085,72
The 403(bJ Plan
$140,784,73
-13, 986. 98
$126,797.75
Totals For
All Plans
$148,435,13
-14,551.66
$133,883,47
$33,75
$432,24
$465,99
Your Personal Rate of Return
, This Period -9,8%
Year to Date -g.4%
Your Personal Rate of RebJm is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It
reflects the results of your investment selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return
formulas used that may yield different results. Remember that past perlormance is no guarantee of future
results.
Your Asset Allocation
II Stocks 85%
. Bonds 12%
o Short-Term 3%
Your investments are currently allocated among the
displayed asset classes, Percentages and totals may not
be exact due to rounding,
The Additional Fund Information section lists the allocation
of your blended funds,
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Please read this statement carefully. Any error must be reported to Fidelity Investments within 90 days.
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: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEBRA J, SMITH,
v,
CIVIL ACTION - LAW
KYLE W. SMITH,
Defendant
: NO. 2001-685 CIVIL TERM
: IN DIVORCE
PRE-TRIAL STATEMENT
OF DEFENDANT. KYLE W. SMITH
The above named Defendant, Kyle W. Smith (hereinafter referred to as "Husband"), by
and through his counsel, Marylou Matas, Esquire, files the following Pre-trial Statement pursuant
to Pennsylvania Rules of Civil Procedure 1920.33(b):
I. LIST OF ASSETS
Husband's Inventory & Appraisement, in compliance with Pennsylvania Rules of Civil
Procedure, is filed contemporaneously with this Pre-Trial Statement. All assets and debts known
to Husband at this time are identified thereon, Husband reserves the right to name or identify
additional assets as there is further disclosure from Wife in this matter.
II. EXPERT WITNESSES
It is anticipated that there may need to be testimony from Wife's real estate appraiser who
appraised the former marital residence. It is anticipated also that there may need to be testimony
from Husband's real estate appraiser who will appraise the former marital residence for a date of
marriage value and comparative date of separation value in the event the parties are not able to
agree on their respective values.
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Husband reserves the right to name additional expert witnesses depending upon the
position taken by Wife in the filing of her Inventory and Appraisment and her Pre-Trial
Statement.
III. WITNESSES
Husband will testify on his own behalf in these proceedings, Husband reserves the right
to name additional lay witnesses depending upon the position taken by Wife relative to her
Inventory and Appraisement and her Pre-Trial Statement.
IV. EXHIBITS
Husband's Inventory & Appraisement will be an exhibit, as will his Income and Expense
Statement to be prepared in the form provided by the Pennsylvania Rules of Civil Procedure, In
addition, attached hereto and incorporated herein by reference are the following exhibits, which
are of three (3) pages in length or less:
Exhibit "A" - A statement from Waypoint Bank reflecting the Certificate of Deposit account
value, maturity notice and redemption date for January 2001,
Exhibit "B" - A statement from M&T Bank for the period from January 6, 2001 through
February 6,2001, of a savings account #05004200126660
Exhibit "c" - A statement from Evergreen Funds, account #618-1007122739 for the period
of January 1,2001, through July 12, 2001.
Exhibit "D" - A statement from MFS Investment Summary for the period of January I, 200 I,
through December 31, 2001.
Exhibit "E" - A statement from M&T Bank savings/money market account #
15004201761001 of January 1,2003 (2001).
Exhibit "F" - A statement from Putnam Investments account #: 0349200728 for the period of
January I, 2001, through December 31,2001.
Exhibit "G" - A statement from Valic Annuity account #: 4779030 for the period from
October I, 2001, through December 31, 2001.
Exhibit "H" - A statement from AIM Funds account #: 4039961976 for the period from
January 1,2001, through December 31, 2001.
Exhibit "r' - A statement from AIM Funds account #: 4039961968 for the period from
January 1,2001, through December 31,2001.
Exhibit "J" - A statement from TIAA CREF for Debra Jill Smith for the period of October 1,
2001, through December 31, 2001,
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Exhibit "K" - A statement from TIAA CREF for Kyle Winter Smith for the period of January
I, 200 I, through March 31, 200 I.
Exhibit "L" - A statement from TIAA CREF for Kyle Winter Smith for the period of July I,
1990, through September 9,1990.
Exhibit "M" - A statement from Fidelity Investments for Hershey Medical Center Retirement
Plans for Debra Jill Smith for the period of October I, 2000, through December 31,
2000,
Exhibit "N" - A statement from Fidelity Investments for Geisinger Health Systems for Debra
Jill Smith for the period of October I, 2001, through December 31, 2001.
Exhibit "0" - A statement from GMAC Mortgage for Account #: 306170976 dated February
12, 2001.
In addition, Husband will provide the following exhibits at trial, which exhibits exceed
three pages in length.
Exhibit "P" - A copy of a real estate appraisal by Stan A. Skowronek of S.W, Barrett;Real
Estate & Appraisal Services dated October 30, 2001 for the property located at 1678
Douglas Drive, Carlisle, Cumberland County, Pennsylvania,
Exhibit "0" - A copy of the parties' 2000 Income Tax Return filed jointly by the parties,
A statement reflecting the balance of the mortgage as of the date of marriage will need to
be secured. Husband has contacted the mortgage company to secure this statement and has been
informed that it will take approximately three weeks more to gather this information.
A copy of the parties' 2001 Income Tax Retum filed by each of the parties will need to be
secured,
A statement reflecting the balance of the parties' M&T Checking account as of the
approximate date of separation will need to be secured. Husband has requested this information
from Wife previously.
A statement reflecting a more accurate date of separate balance from Fidelity
Investments, Hershey Medical Center Retirement Plan for Debra Jill Smith will need to be
secured. Husband has requested this information from Wife previously.
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Husband reserves the right to identify additional exhibits upon receipt and review of the
Wife's Inventory and Appraisement and Pre-Trial Statement as well as following the Pre-Trail
Conference in the marter.
V. GROSS INCOME
Husband's income is limited to the income received from his current employment as a
maintenance worker for Dickinson College, Husband also receives APL from Wife in the amount
of $29.40 per month, in the form of a reduction of the child support obligation Husband pays to
Wife,
VI. EXPENSES
An updated Income and Expense Statement will be prepared and provided at the time of
trial reflecting the expenses to which Husband has been able to limit himself in order to meet his
most basic needs.
VII. RETIREMENT ACCOUNTS
As reflected in the attached exhibits,' Husband had at the time of separation a TIAA
CREF account with pre-marital contribution and an IRA account. Wife had, at the time of
separation, a TIAA CREF account, an IRA account and two separate Fidelity Investment
retirement accounts, As it would appear the cash sum due from Wife to Husband for his interest
in equitable distribution would be of such an amount that it may not be possible for Wife to
provide an immediate offset, a Qualified Domestic Relations Order may need to be implemented
relative to Husband receiving his share of her Fidelity Investments Geisinger Health System
retirement account.
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VII. COUNSEL FEES
Both parties have retained counsel throughout these proceedings, Husband requested
information from Wife and made an offer for settlement several times since the parties'
separation. Husband' future economic situation is such that essentially what he receives through
the equitable distribution of the case will be the sole source of assets from which he could
acquire capital assets in the future. Any requirement that he use the funds that he receives from
the equitable distribution order in this matter for payment of counsel fees only demands that he
receive a greater distribution from the marital assets. Wife, on the other hand, is quite gainfhlly
employed, likely receiving raises in her income and will be able to secure capital asse1sdn the
future and otherwise maintain herself with her income. Under the circumstances, Wife should be
responsible for Husband's counsel fees in this case,
IX. PERSONAL PROPERTY
Husband's position is that each party will retain the personal property that they have in
their possession at this time. Husband and Wife separated their property at the time of separation
and there have been no requests that any items of personal property be returned,
X. MARITAL DEBT
At the time of separation, the only marital debt in existence is the first mortgage for the
former marital residence. Since the time of separation, that mortgage has been satisfied, There
are no other items of marital debt.
XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES
Husband's income is limited to his income from his current employment. Husband does
not have any special skills, training, or education which ~ould enable him to seek any specialized
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positions, Husband's employment has not and likely will not provide any substantial increases in
his income other than minor cost of living increases
On the other hand, Wife is gainfully employed in the medical field, At the time of the
most recent support conference, in November 2001, Wife worked part time only two to three
days per week and still had a greater income than Husband, As the parties' minor child
approaches a full time school schedule, Wife will be able to work a full time schedule, Thus, it
is quite likely that her income will increase substantially,
While Husband was forced to move to a small apartment after the parties' separation,
Wife maintained the fonner marital residence, in fact satisfying the mortgage since sepaI1ltiDn on
her own, Wife has proceeded with her life without any interruption whatsoever, Every
indication is that Wife will be able to continue in her present lifestyle and will be able to, in fact,
gain financially in the future, Husband's future, on the other hand, is limited to the benefits he
receives from the equitable distribution and his limited income,
Under the circumstances, Husband should receive a 55% distribution of the marital assets
and be compensated for his attorney's fees, This is reasonable considering the economic
situations of the parties, In addition, Wife will have to move from the fonner marital residence,
as it is Husband's per-marital asset. Husband's receipt of his distribution share of assets may
necessitate the implementation of a possible Qualified Domestic Relations Order relative to one
or more of Wife's retirement accounts, Wife should be obligated to make payment to Husband
immediately or after a reasonable time frame to allow her to refinance the fonner marital
residence.
Husband maintains that the parties' separated on February I, 2001. Wife has not
indicated a contradictory position or put forth evidence to establish an earlier date of separation,
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Thus, a divorce entered under ~3301(d) would not be appropriate at this time, Furthennore,
Husband is not prepared to sign an Affidavit of Consent pursuant to ~3301(c) at this time,
However, it is likely that the necessary real estate infonnation, including the mortgage balance
and date of marriage value, and other necessary fmancial infonnation, may take several weeks
more to obtain. Therefore, Husband does not object to these proceedings continuing since it is
possible that the parties will have been separated for the necessary statutory time period before
this matter is concluded,
Respectfully submitted,
tas, Esq 'e
Attorney r Defendant
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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V1WaYRoint
BANK
LOOK FOR US, WE'LL GET YOU THERE,
P.O, Box 1711, Harrisburg, Pennsylvania 17105-1711
I-B66-WAYPOINT (I-B66-929-7646)
www.waypolntbankcom
CERTIFICATE MATURITY NOTICE
Account Number:
80 I 0002759
01/20101
1/30101
1/5101
Maturity Date:
Grace Period Ends:
Current Interest Rate:
Current Tenn:
Method of Interest
7:ibution: Credited to Accountj ')
~t{.-L(~y~",~JJ 1/ (J. ~
5,32 %
KYLE W SMITH OR
DEBRA B SMITH
1678 DOUGLAS DR
CARLISLE PA 17013-1078
12
Months
As of 0112010] , your CD will mature, The value of the account will be $
12 Month Add-on CD with a new maturity date of 1/20102
5,628,71. Your CD will renew to a
The interest rate, APY and balance of your new tenn have not yet been detennined but will be available on
by calling 1-866-929-7646 or your branch, Rate infonnation is also available at www.WaypointBank.com.
reverse side of this letter for additional infonnation,
01/2010]
Please see the
We are dedicated to improving our products and services for the benefit of valued customers, like yourself. One of these
improvements is a change in the rate structure of our Certificates of Deposit. By adding additional funds to your certificate,
you may earn a higher rate or contact a licensed member of your branch who will gladly discuss alternate investment
opportunities with you,
V1WayPe~ipJ
Look for us, WE'll get you thEre,
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Check and other items received for deposit are subject to the provisions of the Uniform Commercial Code. Certain deposits are
subject to delays in availability according to Bank policy.
TEL.Qas (,QIOO) THIS IS YOUR RECEIPT Member FDIC
II "
EXHIBIT A
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ACCOUNT TYPE '
l:Sl;I042DD126660
PERSONAL STATEMENT SAvINGS
JAN.D6-FEB.~6,2nQl
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00 0 0433511 -HM 017
10713
KYLE iii SMITH
DEBRA J SMITH
1678 DOUGLAS DR
CARLISLE PA 17013-1078
IMTE~EST EARNED fQR STATEMEMT ~ERICn
€:.2?
~CRTH !'!!!!!!'LETON
INTEREST PAID YEAR TO DATE
9,09
IJ813..69
DEPOSITS &
OTHER ADDITIONS
NO. AMOUNT
1 5,031.21
ACCOUNT SUMMARY
WlnWRAWALS &, DTHER
.SUBTRACTIDNS
NO, A"OUNT
6 4,387,45
CURRENT
INTEREST PAID
ENDING
BALANCE
BEGINNING
BALANCE
4,28
2,461. 73
POSTING ' , DEPDSITS,INTEREST W/DRAWALS & OTHER DAILY
DATE TRANSACTION DESCRIPTIOH: '.' " " ,,' & OTHER ADDITIONS StJBT-RACTIONS '- BAtANCE
01-06-01 BEGINNING BALANCE $1,.813.69
01-08-01 CUSTO"ER WITHDRAWAL 300.00 1,513.69
Jl-16-01 CUSTOMER wrTHDRAWAL 500.00 1,013.69
01-17-01 "&T AT" CASH WITHDRAWAL ON 01/17 50.00
SPRING GARD,lOO S SPRING GARDEN ST,CARLISLE,PA -, -..%3.69
01-25-01 DEPOSIT 5...031.21 5,994-;,90
01-29-01 CUSTOMER WITHDRAWAL .,-.;,.....;-- 2,997,45
01-29-01 "&T AT" CASH WITHDRAWAL ON 01/29 '40.00
NOBLE BLVD 2,105 NOBLE BLVD,CARLISLE,PA 2,957.45
01-30-01 CUSTO"ER WITHDRAWAL 500.00 2,457.45
02-06-01 INTEREST PAY"ENT 4,28 2,461. 73
,
ENDING BALANCE $2.1461.73
ACCOUNT ACTIVITY
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ANNUAL PERCENTAGE YIELD EARNED = 2,38 Z
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Sl~CE 19:'1.2
YEAR-TO-DATE STATEMENT
January I, 2001 to July 12, 2001
Page 1 of 1
Account Number
618 -1007122739
P.O. Box 2121, BaSIon, MA 02106 -2121
1 ~800-343-2898
For the account of
KYLE W SMITH
DEBRA J SMITH TEN ENT
1678 DOUGLAS DR
CARLISLE, PA 17013-1078
Your financial adviser is: COMMONWEALTH FINANCIAL NETWORK, 129 MARKET ST, LEWISBURG. PA 17837
Your representative is: N71 CROSSLAND SR
MARKET VALUE Here is the current value of your account as of the end of the period:
Fund - Account Number
Price
Market Value on 7/12/01
Shares
Money Market Fuud - A
618-1007122739
$1. 00
$.00
0,000
SUMMARY OF TRANSACTIONS Here is a ]leaHo--date summary of additions 10 or deductions from your accoulll:
Fund - Account Number
Investments Redemptions
Dividends
Capital Gains
Money Market Fuud - A
618-1007122739
$3,379,65
$23,86
TRANSACTION ACTIVITY Here are the details of each lransaction for your account this ]lear:
Date Description Amount Price Shares Share Balance
1/1/01 Beginning Balance 3,357,400
1/29/01 Check Redemption - $900,00 $1.00 - 900,000 2,457,400
1/31/01 Dividend Reinvestment 15,27 1.00 15,270 2,472,670
2/7/01 Check Redemption - 265,00 1.00 - 265,000 2,207,670
2/14/01 Check Redemption - 300,00 1.00 - 300,000 1,907,670
2/15/01 Check Redemption - 836.50 1.00 - 836,500 1,071.170
2/28/01 Dividend Reinvestment 6,98 1.00 6,980 1,078,150
3/8/01 'Check Redemption - 450,00 1,00 - 450,000 628.150
3/13/01 Redemption - 628,15 1.00 - 628,150 ,000
Accrual Disbursement 1.61
Net Transaction Amount - 629,76
7112/01 Ending Balance 1.00 ,000
ACCOUNT FEATURES Here aTe the account options you haye selected:
Systematic Systematic Electroni c
Capital Investment Withdrawal Funds
Fund - Account Number Dividends Gains Plan Plan Transfer
Money Market Fund - A Reinvest Reinvest None None None
618-1007122739
EXHIBIT "e"
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=
=
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.....
=
=
=
=
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=
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=
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ri1 II 1111.
Year-to-Date
Investment Summary
January 1, 2001 through December 31, 2001
Page lof 3
INVESTMENT MANAGEMENT
KYLE W SMITH
DEBRA J SMITH JT WROS
43 W WILLOW ST APT 8
CARLISLE PA 17013-3881
001632
For help with your investments, contact
Your Representative: N7!
RICHARD I CROSSLAND SR
Dealer:
COMMONWEALTH FINANCIAL NETWORK
129 MARKET ST
LEWISBURGPA 17837-1541
1",111",111"""11"11",11,1,,1,1,,1,,,,1111,,,1,,1,11",1
Account at a Glance
Beginning value
Change in value
Ending value 12/31/2001
Quarter beginning 10/712007
$8,173,65
+ 1,225 65
=$9,399.30
Year-ta-date
$12,568 84
-3,169,54
=$9,399,30
I nvestment News
Change in value reflects the reinvestment of dividend and capital gain distributions, as well as the appreciation or
depreciationaftheinvestment.
Your new quarterly statement
Based on the comments we received from investors
and investment professionals after making changes
to your sratement last year, we have redesigned
the quarterly statement. The enclosure provides
details about the new features, Tell us what you
think by calling 7-800-225-2606 or by completing
our online feedback form at www.mfs.com.
Higher IRA Contribution limits
Beginning in 2002, you'll be able to set aside
more for retirement each year, Read the article
in Commentary about the new tax law, and talk
to your investment professional about how you
can take advantage of these tax law changes,
Don't forget, you have until April 2002 to make
your 2007 IRA contribution,
For balances, service information, and transactions, contact MFS directly
I!I www.mfs.com
Online account access, fund information, and
investor education
!l::l 24-hour-a,day automated information
Automated -TALK
(1-800-63, U"~~HIBIT "n"
i1 Service 8am - 8pm Eastern time
Personal Account Services 1-800-225-2606
IRA Account Services 1-800-637-1255
CPS-OD1064J42
520653
",",.'
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I ,
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. ,'~ '!~'
January 1, 2001 through December 31;2001
Page 2 of 3
Account Activity
KYLE W SMllH Domestic Growth Stock
DEBRA J SMITH JT WROS Fund-account number: 0213-08186887123
Quotron: MIGBX
Newspaper abbreviation: MIGB
Transactions Price Numberof
Price date Transadion descriptiOn Dol/aramount per shore shares Totalshoresowned
Beginning share balance 1/1/2001 780,673
No activity this period
Ending balance 12/31/2001 $9,399,30 $1204 780,673
Earnings
Historical Summary Toto/additions Toto/reductions Dividends Capita/gains
Since opening 1998 $8)0000 $0,00 $933 73 $2,052,38
Please note:
Early next year you will receive further information os to the federal tax status of all distributions paid during the current year
As agent for the dealer designated by you, MFS Service Center, Inc (MFSC) as transfer agent confirms this transaction in your o(count. In this connection,
MFS Fund DisTributors, Ine, as disfrlbutor fur fhe MFS Funds, said them fa yaur dealer as principal.
CPS.OOIIlMJ12
~Il. h ~
,
",.,\
Ll
PSBLDD~ Customer Service Workstation
',RN5VL Savings Account Balance
_J863 ACCOUNT/TRANS NOT FOUND
Account #: 15004201761001
Title
1: KYLE W SMITH
Z: DEBRA J SMITH
Start of Day Total $
Available Balance $
Last Deposit Amount: $
Last Withdrawl Amt.: $
Pledged Amount $
Date Transaction
Product: DDA
.00
.00
7.18
1 630.90
1';,.1. 10' 00
<:,105<. .
DIC
$
$
$
$
$
$
$
SubCode: 9I
M&T BANK
SSN/TIN: 195522227
Package:
Status :
Restraint:
Region :
Balance to Earn Int:$
Last Deposit Date
Last Withdrawl Date:
tlDSid O-ak.-"
Amount
Day
Day
Day
Day
Day
Day
Day
Funds
1: $
2: $
3: $
4: $
5: $
6: $
7: $
F2 Options F3 Main Menu F6 Referral Fll Title F12 Previous
EXHIBIT "E"
"'
.-..,
11:55:21
01/07/07
CLOSED
N
CEPA
.00
01/01/03
01/01/03
Y'I """ b()
Clearing
.00
.00
.00
.00
.00
.00
,00
~'"'"
= .
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~,
Duplicate Copy
nnual Statement
January I, 200 I - December 31 , 200 I
PUT N AM INVESTMENTS
KYLE W SMITH &
DEBRA J SMITH TEN BY ENT
"43 W WI LLOW ST APT 8
CARLISLE PA 17013-3881
,
Total value of
your portfolio
as of 1213112001
\Client number. 0349200728
Investment firm:
COMMONWEALTH FINANCIAL NETWORK
Re?resencative:
MR, RICHARD L CROSSLAND,SR,
Representative phone number. 1-570-524-0550
For Putnam assistance: 1.800-225-1581
www.putnaminvesrmems.com
..~.~................~.~ ~... .~.. ~.........
. ,~
$13,819.91'<
200! was a tragic year for our nation and a challenging one for the financial markets. As we begin the new year, we want to remind you to
sr:a'j focused on 'jour \ong-tenn goals and talk to your financial advisor to make sure your investment strategy is still on track.
SUMMAR1f Of ACCOUNT INIi'OIU'IATIOII!! U"U"'lI 1.2001 - Decemb., 31, 2@M)
Investment Accounts Beginning balance Additions Withdrawals Change in value Total value,
Fund name (as of 111/2001) Y ear~to-date Year-to-date Y ear~to--date (as of 1213 1 120,0 IL
Putnam Diversified Income Cl-M $15,812.49 $0,00 $2.500,00 $507.42 $13,819,91
Total year to date $15,812.49 $0,00 $2,500.00 $507.42 $13,819,91
. otal for the quarter $13.463,77 $0,00 $0,00 $356,14 $13,819,91
(October 1 - December 31)
ACCOUNT ACTIYiTY
Putnam Diversified Income CI-M Year to date
distributions
Account number. B4+ 1-1 95-52-2227-BBB7 Dividends (reinvest) $ 1.311.95
Account open date: 04/06/1995 Capital gains (reinvest) $ 0,00
KYLE W SMITH &
DEBRA] SMITH TEN BY ENT A\lerage cost basis: $16.729.50
Share Number Share Total ",'
Date Account ac.tivity detail Amount price of shares balanc.e value
0110112001 Beginning Balance 9,77 1.618.474 $15,812.49
"
01/22/200 I Dividends Reinvested $123,00 9,84 12.500 1,630,974
Price Date: 0 I II 01200 I
($ ,076000 Per Share) ..,.'.-'.'.
02120/200 I Dividends Reinvested 123,95 10,01 12,383 1.643,357
Price Dare: 0211212001
($ ,076000 Per Share)
~
11111111111111111111111 111111111111
EXHIBIT "F"
PAGE 10F3
..
-~, ~ '" -~ "'-~--"-'~~,--.~~;;
,VALle
A Member of Ameritan Intemationa\ Group. lnc.
STATEMENT OF ACCOUNT
AND CONFIRMATION OF CONTRIBUTIONS
EAST CENTRA~ REGIONA~ OFFICE
1767 SENTRY PKWY W. BLDG. 19
SUITE 300
BLUE SELL PA 1$422-2336
REGIONAL OFFICE PHONE (800) 448-2542
SOCIA~ SECURITY ~BER:
ACCOUNT ~BER:
STATEMENT PERIOD~
185-50-8454
4779030
10J01/01 - 12131/01
GROUP:
PLAN:
SUBGROUP:
PRODUCT:
03091
TSA 001
002 / 1
UIT-PD2 UTGeO
1."111..,111...,..11.,11",,1111,..1.,,11..1.1,,,11.,/,/,..11
SMITH, DEBRA u 00838
1678 DOUG~AS DR
CARLISLE PA 17013-1078
19111 000 00 00189912 1 028
VALIC'S MOST RECENT VARIABLE ANNUITV CONTRACT OFFERS A WIDE ARRAY OF INVESTMEMT OPTIONS
AOVISEO OR SUBADVISED BY RECOGNIZED EXPERTS. CA~L YOUR VALIC ADVISDR ,
TOLL-FREE AT 1-800-448-2542.
OVERVIEW
DESCRIPTION
ENDING
BALANCE
PLAN BALANCES
ACCOUNT
$7,950
$6,360
$4.770
4779030 TAX SHELTERED ANNUITY
$3,180
$1,590
$0
10101/01
12/31/01
INVESTMENT SUMMARY
ASSET CUSS NET CHANGE ENDING " OF
IN VALUE* BALANCE BALANCE Alloca1ion by Asset Class
Ii FIXED INCOME As of 12/31/01
~ 071 DRYFUS BAS GN"" $2,07 $1,558,92 24.2%
DOMESTIC LRG CAP EQUITY
031 AMER CENT ULTRA $151.23 $0.00 0.0%
030 LARGE CAP GR $135.06 $0.00 0.0%
0"10 STOCK INDEX $154.07 $1,640.65 25.5%
11 024 VNGRD WINDSR II $43.87 $0.00 0.0%
DOMESTIC MID CAP EQUITY
. 004 WID CAP INDEX $94,73 $1,605.75 24.9%
DOMESTIC SML CAP EQUITY
0"14 SMAl~ CAP INoex $:120.51 $1.631.53 ..Jli-3%
TOTAL $701.54 $6.436.85 100%
-Net Change in Value'" reflects any interest earned I
any changes in unit values for variable investment l EXHIB IT 'IG II
; and
24 Hour Automated Access To
V ALlC ~ The Variable Annuity
V ALlC Online
V ALlC by Phone
"..-.--..----- ...~
BEGINNING
BALANCE
$5,739.06
$6,436.85
IIIIIIIIIIIIII~IIIIIII~II ~111~111111 ~~
1008384
,:M,....~, .
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..M"",lh..-'~'
,VAUe
A Member pf American InterTIirtional Gl'QlJp. rnc.
STATEMENT OF ACCOUNT
AND CONFIRMATION OF CONTRIBUTIONS
SMITH, DEBRA"
185-50-8454
4779030
ACCOUNT ACTIVITY
PAYROLL
DATE OR
ACTIVITY
IMV.
EFFECTIVE TRANSACTION VEH.
DATE AMOUNT ~
11/21/01
INV, VEN.
TRANSACTION
AMOUNT
SALES/
AOMIN.
..fiL
TRANS OF VALUE
004 1,511.96
014 1,511.96
024 1.628.99-
030 1,273.75-
031 1,678.96-
071 1,557.78
004 .94-
010 .94-
014 .94-
071 .93-
701,54 004 94.73
010 154.07
014 120.51
024 43.87
030 135.06
031 151.23
071 2.07
ADM FEE
12/31/01
INV VALUE CHANGE
10/01/01 - 12/31/01
PAGE
2
EFFECT ON
BALANCE
NO. OF
UNITS
DOI.LAR
UNIT VALUE
1.511.96
1,511.96
1,628.99-
1,273.75-
1,678.96-
1.557.78
248.046581
669.902844
966.288769-
1,073.345585-
1,089.410379-
1.415.306732
6.086468
2.256884
1.685816
1.186710
1.541162
1.100666
.94-
.94-
.94-
.93-
.145121-
.211521-
.385741-
.843821-
64477355
4.443993 .
24436869
1.102129
94.73
154.07
12Q.51
43.87
135.06
151.23
2.07
ACCOUNT SUMMARY
ALLOCATION OF NO, OF DOLLAJt
~ DESCRIPTIDN ITEM A!!QY!!! CONTRIBUTIONS UNITS UNIT VAL.UE
004 MID CAP INDEX ANNUITY VALUE 09/30/01 .00 25% 5.510258
ANNUITY VALUE 12/31/01 1,605.75 247.901460 6.477355
010 S7DC~ INDEX ANNUITY VALUE 09/30/01 1.487.52 25% 369.395903 4,026903
ANNUITY VALUE 12/31/01 1.640.65 369.184382 4.443993
014 SMALL CAP INDEX ANNUITY VALUE 09/30/01 .00 25% 2.021133
ANNUITY VALUE 1%/31/01 1,631.53 669..517103 2.436869
024 VNGRD WINDSR II ANNUITY VALUE 09/30/01 1,585.12 0% 966.288769 1.640416
ANNUITY VALUE 12/31/01 .00 1 . 724297
030 LAJtGE CAP GR ANNUITY VALUE 09/30/01 1,138.69 0% 1,073.345585 1,060877
ANNUITY VALUE 12/31/01 ,00 1-201102
031 AMER CENT ULTRA ANNUITY VALUE 09/30/01 1,527.73 0% 1,089.410379 1 .402342
ANNUITY VALUE 12/31/01 ,00 1.581822
071 DRVl'US BAS GNMA ANNUITY VALUE 09/30/01 ,00 25% 1 . 106770
ANNUITY VALUE 12/31/01 1,558.92 1,414.462911 1.102129
CONTRIBUTIONS TO DATE .00 EXCHANGES TO DATE 5,874.65
WITHDRAWALS TO DATE .00
ACCOUNT TOTAL. ANNUITY VALUE 09/30/01 5.739.06 CASH SURRENDER VALUE
ANNUITY V ALOE 12/31/01 6,436.85 AS OF 12/31/01 6,421445
FIXED ACCOUNT PL.US INTEREST RATE GUARANTEED THROUGH 12/31/02 (WITH INTENT TO PAY THROUGH
12/31/03): JAN .02= 5.00%.
SHORT-TERM FIXED ACCOUNT INTEREST RATE GUARANTEED THROUGH 12/31/02 IS 3,00%.
PRIOR CONTRIBUTIONS MAY BE COMBINED IN ONE OR MORE POOL.S WITH DIFFERENT CREDITED
INTEREST RATES. ADDITIONAL. INTEREST RATE INFORMATION AVAILABLE UPON REQUEST.
PLEASE COH1ACT US IMMEDIATELY AT 1-800-448-2542 IF YOU FIND ANY ERRORS OR
OMISSIONS ON THIS STATEMENT CONCERNING YOUR ACCOUHT(S) OR ACCOUNT INFORMATION.
VOU MUST NOTIFY US WITHIN 30 DAYS OF RECEIPT OF THIS STATEMENT IF SUCH INFORMATION
IS NOT ACCURATE. AFTER 30 DAYS, THIS STATEMENT WILL. BE DEEMED CORRECT.
This confirm is issued on behaif of the Variable Annuity Marketing Company (V AMCO), bmker deaier, as agent for V ALiC,
VAMCO is not a member of the Securities investor Protection Comaratian,
"J.,=~
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II
FUNDS.
Year End Statement
January I, 2001 - December 31, 2001
ANTC CUST FBO
DEBRA JILL SMITH
ROTH IRA
1678 DOUGLAS DR
CARLISLE PA 17013-1078
COMMONWEALTH FINANCIAL NETWORK
THE CROSSLAND GROUP
129 MARKET ST
LEWISBURG PA 17837
For more account information. please visit us
online at www.aimfunds.com. or call
Client Services at 800-457-0630,
RICHARD CROSSLAND
024820 N42 N71
ACCOUNT INVESTMENT " MARKET
NUMBER FUND CATEGORY SHARES PRICE VALUE
Retirement Account.
4039961976 AIM Weingarten Fund Domestic Equity 127.280 $ 1263 $ 1,607.55
Class B (640)
TOTAL $ 1,607.55
Remember to send in your IRA contribution for
2001 before the April 15 deadline. Or open an
AIM IRA if you don't have one. This year's tax
relief act instituted new, higher contribution limits
that now make the IRA better than ever as a
way to save for retirement. The enclosed insert
shows why an AIM Traditional or Roth IRA can
be one of your best retirement investments, It
includes a Quick Deposit form to make it easy to
add to your AIM IRA or to order more
information....,..... Reminder: If you have an IRA
account, the fair market value of your IRA as of
December 31, 2001, is being furnished to the
Internal Revenue Service,
The account(s} described on this statement is
invested 1009'0 in the investment category of
Domestic Equity.
111I1111
'-
EXHIBIT "N"
.
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-
pg.2of2
January I, 2001 - December 31, 2001
FUNDS.
Individual Account Transactions
11.ll\I.llallllt~ltlt~1ml~ltI:ii:~~~i: .
ANTC CUST FBO
DEBRA JILL SMITH
ROTH IRA
POST TRADE
DATE DATE
TRANSACTION
DESCRIPTION
DOLLAR
AMOUNT
SHARE
PRICE
SHARES
TOTAL
SHARES
01/01/01 01/01/01 Balmlce Forward
12/14/01 12/14/01 Maintenance Fee Redempllon
$
-10.00
12.49
-.801
128,081
127,280
4039961976 640
Telephone
Redemption
Yes
Telephone
Exchange
Yes
'~~I~lllilllltlll~li.~\If.lllilll.I..flill~l{'
Account
Number Fund
Dividends
Capital Systematic
Gains Withdrawal
Automatic
Investments
Reinvest
Reinvest No
No
Automatic
Exchange
No
:'~~;III[l..."II_.~~':'k
Account
Number
Fund
Dividends &
ST Capital Gains
4039961976 640 QTR $
YTD $
,00
,00
L T Capital Gains
,00
.00
Taxes
Withheld
,00
,00
Retirement Current Year Prior Year Employer Rollover Transfer of
Account Fund Contribution Contribution Contribution Contribution Assets In
4039961976 640 QTR $ .00 ,00 ,00 ,00 ,00
YTD $ ,00 .00 .00 ,00 .00
\,
,- .~
-
II
FUN D S@
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. ".'-' '-",,;.,-
, :
Y ear End Statement
January 1, 2001 - December 31, 2001
ANTC CUST ROTH IRA FBO
KYLE W SMITH
43 W WILLOW ST #8
CARLISLE PA 17013-3881
For more account information, please visit us
online at www.aimfunds.com. or call
Client Services at 800-457.0630.
COMMONWEALTH FINANCIAL NETWORK
THE CROSSLAND GROUP
129 MARKET ST
LEWISBURG PA 17837
RICHARD CROSSLAND
024820 N42 N71
ACCOUNT
NUMBER
FUND
INVESTMENT
CATEGORY
SHARES PRICE
MARKET
VALUE
Retirement Accounts
4039961968 AIM Constellation Fund
Class B (602)
Domestic Eqnity
Remember to send in your IRA contribution for
2001 before the April 15 deadline. Or open an
AIM IRA if you don't have one. This year's tax
relief act iostituted new, higher contribution limits
that now make the IRA better than ever as a
way to save for retirement The enclosed insert
shows why an AIM Traditional or Roth IRA can
be one of your best retirement investments. It
includes a Quick Deposit form to make it easy to
add to your AIM IRA or to order more
information.......... Reminder: If you have an IRA
account, the fair market value of your IRA as of
December 31, 2001, is being furnished to the
Internal Revenue Service.
It\I~~\lltll fit I III t 111l11~X~IBIT.
* 0 ~ 1 1 9 6 8 0 8 *
98.154 $ 21.14 $
2.074.98
TOTAL $
2,074.98
The account(s) described on this statement is
invested 100% in the iovestment category of
Domestic Equity.
"1"
,,' ~~~~ ,",,=-- ~.
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--
pg.2of'2
January 1, 2001 - December 31, 2001
..
FUN D S@
Individual Account Transactions
ANTC CDST ROTH IRA FBO
KYLE W SMITH
POST TRADE TRANSACTION
DATE DATE DESCRIPTION
DOLLAR SHARE
AMOUNT PRICE
SHARES
TOTAL
SHARES
01/01/01 01/01/01 Balance Forward
12/14/01 12/14/01 Maintenance Fee Redemption
$
-10.00
20.80
-.481
98.635
98.154
4039961968 602
Yes
Telephone
Exchange
Yes
Dividends
Capital Systematic
Gains Withdrawal
Automatic
Investments
Account
Number Fund
Telephone
Redemption
Reinvest
Reinvest No
No
Automatic
Exchange
No
Account
Number
Fund
Dividends &
ST Capital Gains
.00
.00
L T Capital Gains
.00
.00
Taxes
Withheld
4039961968 602 QTR $
YTD $
.00
.00
Retirement
Account Fund
Current Year
Contribution
Prior Year
Contribution
Employer
Contribution
Rollover
Contribution
Transfer of
Assets In
4039961968 602 QTR $
YTD $
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.. ..II..II~II~tllllt Illirlf......
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-. _ www..tiaa-:eref.org
October 1, 2001 - December 31, 2001
730 Third Avenue. New York. NY 10017-3206
'c::.,:"-:Autoniated 24-lIour .
. .C::.'_ :'InformatiOlf _.--..
.. 800 842-2252.-
24105/31829578
.. "-:.:.. 'Personal AssiStance
._':'8()().842:277:t; .~
.:._.M-F.8am-llpm ET
.'S.5, 9ani~pm ET
1...III...III",,"II..II....IIII...lu.II..I...I,11
DEBRA JILL SMITH
1678 DOUGLAS DRIVE
CARLISLE PA 17013-1078
portfolio summary
BeltinniDl! value as of:
Changes during the period:
Contributions
Distributions & rollovers
Net investment gain/loss
TIM Traditional interest
Ending value:
(09/3010])
this quarter
$21,455.36
(12/3]100)
this year
$24,666.57
0.00
0.00
0.00
393.49
$21,848.85
0.00
-4.504.91
-8.08
1,695.27
$2l,848.8S
total value as of 12/31/01: $21,848.85
Your ponfolio summary includes the activity of contracts that currently have no v3Iue but were closed
during the year.-
All of us at TIAA-CREF send best wishes for a healthy and happy new year.
Take advantage of the new tax law... new limits allow you to increase contributions to your IRA and
SRA and save even more for retirement in 2002. To learn more about the advantages of the new law and
how to maximize your contributions, take a moment to review the enclosed In Brief, visit us at
www.tiaa-cref.org or call us at 800 842.2776.
11111111111111111111111111111111111111111111111111111111111111111..
t;XHIBIT "J"
24106SDS
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'~""'~Wltill!l
Web Center
www.1iaa-crcf.org
January I, 2001 - March 31, 2001
730 Third Avenue, New York, NY 10017-3206
Automated 24-Hour
Information
800842-2252'
22341/5/4JOllIl6
)lcrsonal Assistance
800842-2776
M-P, 8am-llpm ET
S-S, 9am-6pm ET
1",111",111"".,11.,11,..11,1"1,1,,1.,,,111,,1.1
KYLE WINTER SMITH
43 W WILLOW ST # 8
CARLISLE PA 17013-3881
portfolio summary
Beginning value as of:
Changes during the period:
Employer contributions
Your coniribntions
Net investmeni gain/loss
TIAA Traditional interest
Ending value:
(12/31/00)
this quarter
$67,068.92
(J2/31/00)
this year
$67 ,068.92
258.00
258.00
-8.261.26
312.69
$59,636.35
258.00
258.00
-8,261.26
312.69
$59,636.35
total value as of 03/31/01: $59,636.35
TIAA-CREF makes it easy to keep retirement savings in one place. When you or your spouse roll
over retirement funds to a TIAA-CREF Rollover IRA, all taxes continue to be deferred, and earnings
accrue on a tax-deferred ba:;~~ until the funds are widldrawll. Take a moment to review the enclosed
In Brie1 to learn about the advantages of a TIAA-CREF Rollover IRA, call us at 800 842-2776 or go io
www.tiaa-cref.org/iras.
11111111111111111111111111111111111111I1I11111111111111IIIIIIIIllll"I~~~'~I:1 ~~ "K"
22341;';05
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APR. 2.2002 4:48PM
P.H.RECORDS
'"
NO.S61
P.5
a. Telcherl Inlurlne. Ind Annuity Aaloel.tlon
. Collall. Fletlr.me~ultl.. Fund . .
730 ThIrd AvenuelNew York. NY 10017
TIMoCREF RETIREMENT ANNUITIES
Quarterly Conflrm'tlon of Tranl&ctlol1, for the Period
KYLE WINTER SMITH
1678 DOUGLAS DRIVE
CARLISLE PA 17013
7/01/80- 8/30/80
TIM Contr'ct NUmDet
eRE!" Certlftc.te NUlIIbtr
lOcI'. *-curllY Number
Prlmlllllllllllllner:
(~) . DICKINSON COLLEGE
: 113171115-5
: 03171$5-2
: ,185-52'2221
Tr,nncllon. Po,ted After tnl Clo'e of thl, OUatt.r Will APPtar on Nellt Ouarter'y CoIIflrnllllon.
Where 8ppllCablo. your pay .tub .houlCllll con.ulled to delermlnelhe ~rlod t:lI1WMrI whln Ihe ..llry
reduction occurreClln" when lhe Imount wlS credlle" 10 th. chOMn CHEF Icoount or TIM Innu,ty.
Theae Retlremenl Annullle, do nol provide lor lOIn, Ina clnnot be ,ulgned.
The rlgNtlo corrlcl any clerlCl1 error In Ihl. rlllOll I. "..rved.
'lSUMMARY OF TRANSACTIONS THIS QUARTER
.
TOTAL PRE~IU"'. S 'u.au ALLOCATED AI; $ Ill. " S 331,41 S
p.nlel. '._a"" CAlF ' CAEF
Dation Tr.n..cllon DeSGrlptlon P,*",lum. . AII~:'I~.... TIM ITOCK NOllEY
CI.. MARKET
'!i7723I.i prelDlijftlnt~r - I- II..!! n ~t $ I~'U nu: 1$
DII2II3O Prttmlvltl A "g,1D 7.70
D9125130 PrwmlufII it Ii.n n 71 37.70 In. '0
...-.
II CHANGES IN ANNUITY ACCUMULA liONS THIS QUARTER
TOTAL Al;CUNUIJIT10M AI OF 8/30/90 : $ U.31....
OPENING fCCU':4~~.;r~. UNITIH i',:1I UN'T'.
TOTALS UNIT YALUE, . .1.:!.1!" UNIT YA~~..!._... . S
Panlcl.. TIM CREF STOCK ClIEf loIONEY MARKET
gauon Unit U~I" UnIt "'n!~
... Amount Amou". ".1"'. Pvrc_ A-'nl "..ue ......re..
071Z.IIU 5 U.71 S 107.21 5 ".1172 2.232 $ $
01121190 )7,70 In.n '3.41l2 2.101
01125190 37.71 113,10 41.2U' 2.73'
INTEREST 2H.n
UNITS. n.I" UNITl: $
CLOSING UNIT YALU~, S 48.120S UNIT \tALUI'
rOTAlS S 12.au.oI ACCU~ULAT'Otol: S 1.177.17 ACCUMULATION: $
TOTAL ACCUMULATION A8 OF 9/30/90 , $ 13 .170. 5'
EXHIBIT "L"
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I I Fidelity" Investmenls@
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I Hershey Medical Center
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i Retirement Plans
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ENV#MP002383
MP 72133 72124 A
DEBRA JILL SMITH
1678 DOUGLAS DR
CARLISLE, PA 17013
Retirement Savings Statement
Ociober 1, 2000 - December 31 , 2000
Account Number: 185508454
G:' For information: Call 1 (800) 343.0860
Internei Address: http://www.fidelity.com
For online account access;
Fidelity NetBenefits: http://netbenelits.non-prolits.com
Your Account Summary
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Activitv
Beginning Balance
Employee Contributions
. Employer Contributions
Transfer In
Change in Accouni Value
Ending Balance
The 403fb) Plan
$0.00
0.00
0.00
4,167.67
198.95
$4,366.62
The 40trk) Plan
$504.66
380.09
380.09
0.00
2.41
$1,267.25
Totals For
All Plans
$504.66
380.09
380.09
4,167.67
. 201.36
$5,633.87
Additional Information
+ Dividends 8. Interest
$20.31
$121.65
$141.96
Employee Contributions to Date
Since 01/01/2000 $612.64
$0.00
$612.64
Your Asset Allocation
. Stocks 55%
. Bonds 39%
o Short.Term 6%
Your investments are currently allocated among the
displayed asset classes. Percentages and totals may not
be exact due to rounding.
The Additional Fund Information section lists the allocatior
of your blended funds.
2383 MP002383
Please read this statement carefullv. Any error must be reported to Fidelity Investments within 90 days.
EXHIBIT "M"
0001 2001011 0 MP,~
18550841
Page 1 0
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Geisinger
Health System
Fide'ity"'nvestments~
Retirement Savings Statement
October 1, 2001 - December 31,2001
Social Security Number: 185508454
ENV#1lP010814
MP 72134 015H H1221
DE8RA JILL SMITH
1678 DOUGLAS DR
CARLISLE, PA 17013
G:' For information: CaU1 (800) 343-0860
Internet Address: htlp:J/www.fidelity.com
For online account access:
Fidelity NeiBenefits: htlp:Jlnelbeneflts.non-profits.com
Your Account Summary
Activity
Beginning Balance
Fees
Change in Account Value
Ending Balance
Additional Information
+ Dividends & Interest
The 4011k) Plan
$7,172.16
-4.00
451.54
$7,619.70
The 403(b) Plan
$129,944.18
0.00
10.217.49
$140,161.67
Totals For
All Plans
$137,116.34
-4.00
10,669.03
$147,781.37
$50.93
$760.37
$811.30
Your Personal Rate of Return
This Period 7.B%
Year to Date -7.5%
Your Personal Rate of Return is calculated with the time-weighted formula, a formula widely used by financial analysts to calculate the invesbnent
earnings of a portfolio. It reflects the results of your investment selections as well as any activity in the account There are other Personal Rate of
Return formulas used that may yield different results. Remember that past periormance is no guarantee of future results.
Your Asset Allocation
III Stocks 86%
. Bonds 12%
o Short-Term 2~
Your investments are currently allccated among the
displayed ass~t C!:lSS~S. Percentages and totals may not
l:-e exact due to rounding.
The Additional Fund Information section lists the allocation
of your blended funds.
Please read this statement care
ted to Fidelity Investments within 90 days.
EXHIBIT "N"
1 0814 MP010814 0001 20020114 M~oc
Fidelity Investments, P.O. Box 770002, Cincinnati, OH 45277-0090
lB5508454
Page 1 of 7
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" Mortgage Account Statement
. BORROWER INFORMATION
CO-BORROWER INFORMATION
GMAC Mortgage
Name:
Account Number:
Home Phone #:
Work Phone #:
KYLE W. SMITH
306170976
(717) 249-8350
(717) 245.1212
Name:
Home Phone #:
Work Phone #:
DEBRA J. SMITH
(717) 249-8350
(717) 531-6948
B.00107/07)OD1s,On
0014!lC1B02)14)OlG111202040Z1Z0Z
OOeglO4OB1~ VISUA". MASOl
ONE OUNCE
1".11I",11I11I."11.,1111I,1111,,,1,,,11,,1,1.,.11,,1,1,,,11
KYLE',W, SMITH
DEBRAJ. SMITH
1678DDUGLAS DR
CARLISLI; PA 17013-107.8
Please verify your ni,ailh,!9 aa:~i~~",:,pphtlWer and c~borrower information. Make necessary corrections
on this portioll of the, st~teme,nt,_'detach and mail to address listed for Inquiri~s on the reverse side.
Current Escrow Balance
InterestPaill ~ear':fu~Date
$5,257.78
$978.03.
Principal and Interest
Subsidy/Buydown
Escrow
Additional Products/Services
Amount Past Due
Outstanding Late Charges
Other
Total Amount Oue
Account Oue Oate
$425.03
$0.00
$122.26
$0.00
$0.00
$0.00
$0.00
$547.29
March 01, 2001
Account Number
306170976
Interest Rate
February 12, 2001
July 01, 2008
7.625
Current Statement Oate
Original Maturity Date
Current Principal Balance*
Taxes Paid Year-to-Date
$0.00
/1
/
For questions on the servicing of your account,
call 1-800-766-4622.
See back for automatic paymerit sign';'up iliforr:nation and express mail address.
Description
Due Date
Tran. Date Transaction Total
Principal
Interest
Escrow
Other
Principal Curtailment
Mortgage Payment
02101/01
02112101
02112101
$42,71
$547,29
$42,71
$388,88
$36,15
$122,26
'This is your Principal alance on y, not the amount required to pay your loan in full.
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Inter..stra~~arE! P!{OPPINGl It's a 'greadin,,;! to buy a new home~r refinance your current
mortgagE!' Call U's'toih.y at 1-888-302~82f,"r more information oit~ apply.
EXHIBIT "0"
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DEBRA J. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
KYLE W. SMITH,
Defendant
: NO. 2001-685 CNIL TERM
: IN DIVORCE
INVENTORY & APPRAISEMENT OF
DEFENDANT. KYLE W. SMITH
Kyle W. Smith, Defendant, files this inventory of all property owned or possessed by
either party at the time this action was commenced and all property transferred within the
proceeding three years.
Kyle W. Smith, Defendant, verifies that the statements made in this inventory are true
and correct. Defendant further understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. 4904 relating to unsworn falSif~O to uthorities.
KY
ASSETS OF PARTIES
Kyle W. Smith, Defendant, marks on the list below those items applicable to the case at
bar and itemizes the assets on the following pages.
(X) I.
(X) 2.
() 3.
(X) 4.
(X) 5.
(X) 6.
() 7.
() 8.
() 9.
(X) 10.
() II.
() 12.
() 13.
() 14.
() 15.
() 16.
() 17.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of Deposit
Checking Accounts, cash
Savings accounts, money markets and savings certificates
Contents of safe deposit boxes
Trusts
Life Insurance polices (indicate face value, cash surrender value and
current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, invention, royalties
Personal property outside of home
Business (list of all owners, including percentage of ownership, and
officer/director positions held by a party with company)
Employment termination benefits-severance pay, worker's compensation
claim/award
Profit sharing plans
,,;tL~'~~~
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() 18.
(X) 19.
() 20.
() 2I.
() 22.
() 23.
() 24.
() 25.
() 26.
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Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN A Benefits
Education benefits
Debts due, including loans and mortgages held
Household furnishings and personality (including as a total category and attach
itemized list of distribution of such assets
in dispute)
Other
LIABILITIES OF PARTIES
Kyle W. Smith, Defendant, marks on the list below those items applicable to the case at
bar and itemizes the liabilities on the foregoing pages.
SECURED
(X) I.
() 2.
() 3.
() 4.
UNSECURED
() 5.
() 6.
() 7.
() 8.
() 9.
Mortgages
Judgments
Liens
Other Secured Liabilities
Credit Card Balances
Purchases
Loan Payments
Notes Payable
Other Unsecured Liabilities
CONTINGENT OR DEFERRED
() 10.
() II.
() 12.
() 13.
() 14.
() 15.
Contract or Agreements
Promissory Notes
Lawsuits
Options
Taxes
Other Contingent of Deferred Liabilities
MARITAL PROPERTY
Item Description of Property Name of Date Cost/Acquisition Value Valuation Nature Non-Marital
No. All Owners Acquired Value Date of Lien Portion
1 1678 Douglas Drive Husband Pre-marilal portion,
Carlisle, PA 1986 $50,000.00 $ 81,000.00 10/30/2001 I nosl senaralion
2 1986 Ford Mustana Husband
2 1999 Ford Taurus Wife
4 Waypoint Bank joint
Certificate of Deoosit $ 5,631.21 1/24/2001
5 M&T Checking Account joint ?
6a. M&T Savinas Account ioint $ 963.69
6b. Everareen Monev Market ioint $ 3,381.26 7/12/2002
6c. MFS Investment ioint $ 9,399.30 12/31/2001
6d. M&T Monev Market ioint $ 1,630.90 1/7/2001
6e. Putnam Investment ioint $ 13,819.91 12/31/2001
10 VALlC Annuity Wife $ 6,436.85 12/31/2001
19a. AIM Wife $ 1,607.55 12/31/2001
19b. AIM Husband $ 2,074.98 12/31/2001
19c. TIAA-CREF Wife $ 21,848.85 12/31/2001 Pre-marital portion,
I Dosl seoaralion
19d. TIAA-CREF Husband $ 59,636.35 3/31/2001 Pre-marilal portion,
loosl seDarelion
1ge. Fidelity Investment- Wife $ 5,633.87 12/31/2001
Hershev
19f. Fidelity Investment- Wife $ 147,781.37 12/31/2001
GeisinQer
Other- rental value of
26 1678 Douglas Drive, Wife Mar-02 $ 550.00
Carlisle PA
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LIABILITIES OF THE PARTIES
Description Name of Creditor Date of Present Balance Paid by Whom
Item No. Separation
secured GMAC $5,257.78 $0.00
1 mortaaae Wife
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DR#:
DEBRA 1. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Respondent : CUMBERLAND COUNTY, PENNSYL VANIA
v. : CIVIL ACTION - LAW
KYLE W. SMITH, : NO. 2001-685 CIVIL TERM
DefendantlPetitioner : IN DIVORCE
fETITION FOR ALIMONY PENDENTE LITE,
INTERIM COUNSEL FEES AND EXPENSES
AND NOW comes Petitioner, Kyle W. Smith, by and through her counsel of records,
Marylou Matas, Esquire, and petitions the Court as follows:
1. Your petitioner is the above named Defendant, Kyle W. Smith, an adult individual
currently residing at 43 West Willow Street, Apartment 8, Carlisle, Cumberland
County, Pennsylvania.
2. Your Respondent is the above named Plaintiff, Debra 1. Smith, an adult individual
currently residing at 1678 Douglas Drive, Carlisle, Cumberland County,
Pennsylvania.
3. Petitioner's date of birth is January 6, 1959, and his Social Security number is 195-
52-2227.
4. Respondent's date of birth is January 26, 1956, and her Social Security number is
185-50-8454.
5. The divorce action filed to the above docketed number in the Court of Common Pleas
of Cumberland County requests a divorce based upon Section 330l(c) of the Divorce
Code of 1980 as amended.
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6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit
of the aforementioned divorce action, but is without sufficient assets or income to
support himself, pay for attorney's fees, or pay for the costs and expenses associated
with this action.
7. Respondent has sufficient income and earning capacity, as well as assets, to support
the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to
Petitioner, as well as assist in paying his counsel fees, costs and expenses.
8. Petitioner no longer resides in the property owned by Respondent and Respondent is
providing no financial assistance to Petitioner.
WHEREFORE, Petitioner request you Honorable Court to enter an Order of Alimony
Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter.
Respectfully submitted,
D-L~
Mary tas, Esquire
Attome. Defendant/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verifY that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: (78-3/-0/
,
W. SMITH, DefendantlPetitioner
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DEBRA 1. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Respondent : CUMBERLAND COUNTY, PENNSYL VANIA
v. : CIVIL ACTION - LAW
KYLE W. SMITH, : NO. 2001-685 CNIL TERM
Defendant/Petitioner : IN DNORCE
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER
NAME Kyle W. Smith
ADDRESS 43 West Willow Street, Apt. 8, Carlisle, P A 17013
BIRTH DATE January 6, 1959
SOCIAL SECURITY NUMBER 195-52-2227
HOME PHONE (717) 218-5737
WORK PHONE (717) 245-1212
EMPLOYER NAME Dickinson College
EMPLOYER ADDRESS Carlisle, P A
JOB TITLEIPOSITION Maiotenance
DATE EMPLOYMENT COMMENCED
GROSS PAY $1,863.33 per month
NET PAY $1,567.36 per month
OTHER INCOME none
ATTORNEY'S NAME Marylou Matas, Esquire
ATTORNEY'S ADDRESS 200 North Hanover Street, Carlisle, PA 17013
ATTORNEY'S PHONE NUMBER (717) 243-5551
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RESPONDENT
NAME Debra J. Smith
ADDRESS 1678 Douglas Drive, Carlisle, P A 17013
BIRTH DATE January 26, 1956
SOCIAL SECURITY NUMBER 185-50-8454
HOME PHONE
WORK PHONE
EMPLOYER NAME Hershey Medical Center
EMPLOYER ADDRESS Hershey, PA
JOB TITLEIPOSITION medical secretary
DATE EMPLOYMENT COMMENCED
GROSS PAY $2,365.20 per month
NET PAY $1,936.47 per month
OTHER INCOME $315.44 for child support per month
~
ATTORNEY'S NAME . Carol J. Liodsay, Esquire
ATTORNEY'S ADDRESS 26 West High Street, Carlisle, PA 17013
ATTORNEY'S PHONE NUMBER (717) 243-6222
'.",
. MARRlAGEINFORMATION
DATE OF MARRIAGE Septernber29,1990
PLACE OF MARRIAGE Hershey, PA
DATE OF SEPARATION February 1,2001
ADDRESSOFLASTNUUUTAL 1678 Douglas Drive
HOME Carlisle, P A 17013
DESCRIPTION OF DOCUMENT Petition for APL
RAISING APL CLAIM
DATE APL DOCUMENT FILED September 4, 200 I
HLECl.-,CYFfCE
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CUMBEFiLAND COUNTY
PENNSYLVJlNIA
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UPDATED
11/05/2002
9:10 AM
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Client: Smith,IMatter no. 2001-4693 IDOM:9/29/90 DOS:1/19/01
Notes 1 Description of Items Husband Wife Comments
Real Estate
W-- 1678 Douglas Dr, Carlisle-appraised $81k 10/30101 $ 65,500.00 mortgage paid 3/2002. Assume DOM Value $60,000 plus DOM lien of $45,00
Bank Accounts
JT M& T Bank Checking acct #1080377 $ 1,456.12 as of 1/19/01
JT M& T Bank Sav acct #150074201761001 1$1813.69 on 1/6/01
JT Waypoint CD #8010002759 $5631.21 closed out on1/25/01-H kept $600cash remainder pulin M& T savings acct $5031.21
H AmI. received from CD/savings acet funds $ 3,597.45 $600 in cash & check wid of $2997.45 on 1/29/01
W AmI. received from CD & savings accts $ 2,961.73
IRA'S I Pensions/Social Security
W AIM acet 4039961976 Roth IRA $ 1,607.55 simt 12/31/01
H AI M acct 4039961968 Roth IRA $ 2,074.98 stmt 12/31/01
W TIA-CREF acct $ (9,960.17) $24666.57 as of stmt 12/31/00 less $34626.74 premarital
H TIA-CREF acct $ 53,198.36 as of stmt 1/1/01 less $13870.56 premarltal(stmt 7/1/90)
W Hershey Med. Ctr Retirement (Fidelity) 1 $ 5,633.87 stmt 12/31/00
W Geisinger Health Retirement (Fidelity) $ 133,883.47 stmt 6/30/02
W IVALlC acet (Amer Gen Fin) Annuity $ 6,118.84 as of 6/30/02
1
Investments
JT Evergreen Funds Acct#6181007122739 $ 2,751.50 $ 629.76 bal as of 1/1/01 $3357.40 stmi 7I12/01--c1osed 3113/01
JT MFS acct #021308186887123 $ 7,666.21 bal $7666.21 stmt 6/30/02
JT Putnam Investments $ 14,031.61 $ 2,500.00 bal$14,031.61 asofstmt6/30/02
Total $ 83,320.11 $ 210,331.17
TOTAL MARITAL 291,131.66
Other
W cost of Real Estate appraisal $ (500.00) $ (250.00) appraisal on 10/30/01
$ 82,820.11 $ 210,081.17 TOTAL MARITAL 292,901.00
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DEBRA J. SMITH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 685' CIVIL TERM
: IN DIVORCE
Plaintiff
VS.
KYLE W. SMITH,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under !l3301(c) of the Divorce Code was filed on
February 2, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
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Debra J. Smith, Plaintiff
Date:
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DEBRA J. SMITH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 6SS{ CIVIL TERM
: IN DIVORCE
Plaintiff
V5.
KYLE W. SMITH,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on
February 2, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
Date: ~ - t:J~ 0 ...,
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or: "{/- '"
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DEBRA J. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 68511 CIVIL TERM
: IN DIVORCE
VS.
KYLE W. SMITH,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
s3301{c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
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Debra J. Smlt, Plaintiff
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DEBRA J. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 2001 - 68sJ CIVIL TERM
: IN DIVORCE
VS.
KYLE W. SMITH,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
!l3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
tiled with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
Date: #-c/~O~ .-/
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Plaintifti'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
KYLE W. SMITH,
DefendanilPetitioner
NO. 2001-685 CIVIL TERM
IN DIVORCE
DR# 31058
Pacses# 419103864
ORDER OF COURT
AND NOW, this 18th day of October, 2001, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel
appear before R.J. Shaddav on November 13. 2001 at 10:30 A.M. for a conference, at 13 N. Hanover St.,
Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Reiurn, including W.2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.11@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
10-18-01 to:
Petitioner
< Respondent
Marylou Matas, Esquire
Carol Lindsay, Esquire
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Date of Order: October 18, 200 I
R . Shadday, Conference Officer
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249.3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DEBRA J. Sl'1ITH, ) Docket Number 01-685 CIVIL
Plaiotiff /Responrlent )
vs. ) PACSES Case Number 419103864/D31058
KYLE W. Sl'1ITH, )
Defendant /Petitioner ) Other State ID Number
Order
AND NOW to wit, this
NOVEMBER 13, 2001
it is hereby Ordered
that:
THE ALIMONY PENDENTE LITE COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS THE
AMOUNT THAT WIFE WOULD OWED HUSBAND IS TO OFFSET HUSBAND'S OBLIGATION
OF CHILD SUPPORT OWED TO WIFE UNDER C#693103055 UNDER DOCKET NO. 129 S 2001.
BY THE COURT:
DRO: RJ Shadday
xc: petitioner
respondent
Mary Lou Matas, Esquire
Carol Lindsay, Esquire
JUDGE
110\'"' I\.ILED
/NtI, -/)/
Service Type M
Form OE-520
Worker ID 21005
FILED-OH'iCE
C-'F '"' ". r"vv" '''.''OTmv
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01 ~WIJ 27 P~l I: 59
CUM6EHL/\I\U COUNTY
PENNSYLV/WIA
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01- 685 CIVIL
KYLE W. SMITH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
I&/Iv
day of
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2002, the economic claims raised in the proceedings having
been resolved in accordance with a separation and property
settlement agreement dated November 5, 2002, the appointment
of the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
Ge
J.
cc:
~Carol J. Lindsay
Attorney for Plaintiff
//'Marylou Matas
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION LAW
vs.
NO. 01- 685
CIVIL
19
IN DIVORCE
KYLE W. SMITH
Defendant
STATUS SHEET
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 68~ . CIVIL
KYLE W. SMITH,
Defendant
IN DIVORCE
TO: Carol J. Lindsay
, Attorney for Plaintiff
Marylou Matas Attorney for Defendant
DATE: Wednesday, July 3, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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IN THE COURT OF COMMON PLEAS OF .
CUMBERLAND COUNTY, PENNSYL VA IA
CIVIL ACTION - LAW
DEBRA J. SMITH,
v.
KYLE W, SMITH,
Defendant
: NO. 2001-685 CIVIL TERM
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this Z...,d day of 'S 2)1 U 2J,
, 2003, it appears to the Court
as follows:
1. The parties hereto were husband and wife, seek this Order in conjUTlction with a fmal
decree of dissolution of marriage dated December 2'0 , 2002, in that action pending in
this Court at the above number.
2. Debra 1. Smith, social security number 185-50-8454, hereinafter referred to as
"Participant", is employed by Hershey Medical Center, is a participant in the Teachers
Insurance and Annuity Association - College Retirement Equities Fund, hereinafter
"TIAA-CREF" and has the following annuities:
TIAA Retirement Annuity (RA) Contract No. IF73642-6, B 128321-3
CREF RA Certificate No. Q12832l-0
Debra J. Smith's current and last known mailing address is 1678 Douglas Drive, Carlisle,
PA 17013.
3. The Alternate Payee is Kyle W. Smith, whose current and last known mailing address is
43 West Willow Street, Apartment 8, Carlisle, PA 17013. The Alternate Payee's social
security number is 195-52-2227, and date of birth is January 6,1959.
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4. To accommodate the marital/community property distribution between the parties IT IS
ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
A. That the TIAA-CREF annuities previously referenced are marital property;
B. Upon finalization of this Order and pursuant to the terms of said annuities, the
current values as of the valuation date of the Participant's TIAA-CREF annuity
accumulations for the Marital Portion defined below shall be awarded as the
Alternate Payee's sole and exclusive property to be applied to TIAA-CREF
annuities subject to the terms and limitations of said annuities:
1. Marital portion is a uercental!:e and is to be transferred, and TIAA-
CREF is to calculate the accumulation to be transferred,
a. For annuities issued before the marriage was established: the
accumulations attributable to premiums remitted from the date
the account was established through the date of distribution.
TIAA RA No. lF73642-6, 100%
TIAA RA No. B12832l-3, 100%
CREF RA No. Q12832l-0, 100%
i. Transfer Values
The values actually transferred will reflect interim investment experience
until the transfer is recorded by TIAA-CREF. The TIAA Traditional
accumulation will increase over time, whereas the TIAA Real Estate and
CREF accumulations may increase or decrease, reflecting the performance
ofthe underlying investments.
C. Conditions of division of annuity contracts:
'.
1. All ownership and interest in the balance of the accumulations not
transferred in all annuities issued to the Participant by TIAA-CREF
will belong to the Participant.
11. All ownership rights in the newly issued annuities will belong to the
Alternate Payee
Ill. The beneficiary designation of the Alternate Payee's annuities will
be his or her estate, unless a beneficiary designation is submitted
pursuant to the provisions of the contracts, and accepted by TIAA-
CREF. The Alternate Payee must review the contracts at issuance
for accuracy and inform TIAA-CREF of any change of address.
IV. The Alternate Payee's annuities will be issued with the same
investment allocation as the Participant's applied pro rata. The
Alternate Payee may change the investment allocation once his or
her annuities are issued in accordance with the contributing
employer's plan.
D. Reaffirmation/Termination of Alternate Payee's status as beneficiary of
record for all annuity contracts or individual life insurance funded through
TIAA-CREF on the life of the Participant.
Termination -as of the date of TIAA-CREF's receipt of the QDRO, all TIAA-
CREF benefits otherwise payable to the Alternate Payee as beneficiary are
payable to the estate of the Participant. The Participant retains the right to change
the designation.
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E. TIAA Traditional Retirement Annuities (RAs) do not allow single sum
withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities,
the Alternate Payee's right to receive single sum withdrawals and/or transfer all or
a part of the accumulation to an alternate carrier may be limited in accordance
with the contributing employer's plan.
F. The parties are directed to submit to TIAA-CREF all documents and releases (if
required by TIAA-CREF) to finalize this Order within thirty (30) days of the
request for same.
4. This Order:
A. does not require any plan to provide any type of form of benefit, or
any options not otherwise provided under the plan, and
B. does not require TIAA-CREF to provide increased benefits, and
C. does not require the payment of benefits to an Alternate Payee
which are required to be paid to another Alternate Payee under
another Order previously determined to be a Qualified Domestic
Relations Order.
D. If any portion of this Order is rendered invalid, the balance of the
Order will remain fully enforceable.
5. This Court reserves jurisdiction to issue further orders as needed to execute this
01-0/,-03 On',,_ f} &
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Date J en. Z f 2..oa~
Date /,:;;l-./ 11 / O::L.
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DEBRA J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001 - 685 CIVIL TERM
vs.
KYLE W. SMITH,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record., together with the following information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Certified Mail; Return Receipt signed by
Defendant, Kyle W. Smith, February 12, 2001, filed March 23, 2001.
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: by the Plaintiff November 5, 2002; by the Defendant
November 5, 2002.
(b) (1) Date of Q)(eoution of the Plaintiff's a#iElavit reEjCliFeEl13y geelieR 3301(d) of
the Divorse CeEle:
(2) Date of servioe of tho Plaintiff's a#iElavit upon the DefendaRt: _
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date ane! R'laRner ef seFYiEle af tRe Retiee ef inteRtien t8 filo pFaooil3e to
tFaAsffiit FeGGrEf, a G0flY ef VJAiGA is attaeh0Ef:
(b)
Date Plaintiff's Waiver of Notice
Prothonotary: December
in 3301 (c)
,2002
Divorce was filed with the
Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary:
December , 2002
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this 5 t<'1 day of ?/t7V0r1 hu.. , 2002, by and
between KYLE W. SMITH, of 43 West Willow Street, Apartment 8, Carlisle, Cumberland
County, Pennsylvania, party of the first part, hereinafter referred to as "Husband,"
AND
DEBRA J. SMITH, of 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania,
party ofthe second part, hereinafter referred to as "Wife,"
WITNESSETH:
WHEREAS, Husband and Wife were married on September 29, 1990, in Hershey,
Dauphin Connty, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
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resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes
leading to them living separate and apart.
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
-Page 2 of 14--
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shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
-Page 3 of 14--
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ARTICLE III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard ofliving of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
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Personal Prooertv. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party agrees to sign any
documents necessary to waive, relinquish, or transfer any rights on such policies to the respective
party who presently owns such policies.
3.5
SubseQuentlv Acquired Prooertv. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
relationship.
3.6
Pension, Retirement, Proflt-Sharinfl. Husband owns or has an interest in a TIAA/CREF
annuity account. Wife agrees to waive, relinquish or transfer any and all of her right, title and
interest she has or may have in Husband's TIAA/CREF account. Husband maintains that he did
not own or have an interest in any other pension, retirement, or profit-sharing account during the
time of the parties' marriage through the time of their separation. Wife hereby waives,
relinquishes and transfers any and all right, title and interest she has in any present retirement
account, as well as other accounts that Husband may have in his individual name or may have
secured through his present or prior employment.
--Page 5 of 14--
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Wife owns or has l~ interest in the Geisinger Fidelity Investment retirement plan. Wife 7'
Fo{l.!i n,lV. S, 4 f{;w 5,
shall transfer ~-FOUR THOUSAND ONE HUNDRED THIRTY AND 53/100 ($14,130.53)
DOLLARS from that accoUTlt to an account in Husband's name individually. COUTlsel for Wife
shall prepare a Qualified Domestic Relations Order to effectuate the terms of this paragraph
within fifteen (15) days of execution of this Agreement.
Wife owns or has an interest in the Hershey Medical Center Fidelity Investment
retirement account. Husband agrees to waive, relinquish or transfer any and all of his right, title
and interest he has or may have in this accoUTlt.
Wife owns or has an interest in a TIAA/CREF annuity accoUTlt. Husband agrees to
waive, relinquish, or transfer any and all of his right, title and interest he has or may have inthis
accoUTlt.
Wife maintains that she did not own or have an interest in any other pension, retirement,
or profit-sharing accoUTlt during the time of the parties' marriage through the time of their
separation. Husband hereby waives, relinquishes and transfers any and all right, title and interest
he has in any present retirement accoUTlt, as well as other accounts that Wife may have in her
individual name or may have secured through her present or prior employment.
3.7
Vehicles.
The parties have retained vehicles in their sole and exclusive
possession which they intend to retain from this time forward. Neither party will make any
claim against the other party relative to any vehicle or vehicles that the other party has retained
and further, shall executed any necessary documents to waive, relinquish, and transfer any right,
title and interest to the vehicle in the other party's possession within fifteen (15) days of being
requested to do so by the other party or their legal counsel.
--Page 6 of14--
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3.8
Intamdble Personal Prooertv. The parties acknowledge that they are the joint owners of
a checking account at M&T Bank, account number 1080377. The parties agree that Wife
retained ONE THOUSAND FOUR HUNDRED FIFTY-SIX AND 12/100 ($1,456.12) DOLLARS
from this account, reflecting the balance at the time of separation.
The parties acknowledge that they are the joint owners of a savings account at M&T
Bank, account number 15004200126660. The parties acknowledge that Husband retained TWO
THOUSAND NINE HUNDRED NINETY-SEVEN AND 45/100 ($2,997.45) DOLLARS from this
account. The parties acknowledge that Wife retained TWO THOUSAND NINE HUNDRED
SIXTY-ONE AND 73/100 ($2,961.73) DOLLARS from this account.
The parties acknowledge that they are the joint owners of a certificate of deposit held at
Waypoint Bank, which was redeemed at the time of separation. The parties acknowledge that
Husband retained SIX HUNDRED AND 00/100 ($600.00) DOLLARS from this certificate of
deposit.
The parties are the joint owners of a money market fund held at Evergreen Funds,
account number 618-1007122739. The parties acknowledge that Husband retained TWO
THOUSAND SEVEN HUNDRED FIFTY-ONE AND 50/100 ($2,751.50) DOLLARS from this
account. The parties acknowledge that Wife retained SIX HUNDRED TWENTY-NINE AND
76/100 ($629.76) DOLLARS from this account.
The parties acknowledge that they are the joint owners of an MFS investment account,
account number 0213-08186887123. The parties acknowledge that Husband shall retain the total
funds held in this account. Wife shall sign any documents necessary to remove her name from
this account within fifteen (15) days of signing this Agreement. Wife shall make no claim
whatsoever against Husband relative to this financial account or investment.
-Page 7 of 14--
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The parties acknowledge that they are the joint owners of a Putnam investment account,
account number 0349200728. The parties acknowledge that Wife retained TWO THOUSAND
FIVE HUNDRED AND 00/100 ($2,500.00) DOLLARS from this account. Husband shall retain
the balance of the total funds held in this account. Wife shall sign any documents necessary to
remove her name from this account within fifteen (15) days of signing this Agreement. Wife
shall make no claim whatsoever against Husband relative to this financial account or investment.
The parties acknowledge that Wife is the owner of a Valic investment account, account
number 4779030. Husband shall make no claims whatsoever relative to this financial account or
investment.
The parties acknowledge that Husband is the owner of an AIM investment account,
account number 4039961968. Wife shall make no claims whatsoever relative to this financial
account or investment.
The parties acknowledge that Wife is the owner of an AIM investment account, account
number 4039961976. Husband shall make no claims whatsoever relative to this financial
account or investment.
Each party agrees to sign any documents necessary to close any joint accounts within
fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature
whatsoever against the other party relative to the financial accounts or other investments or
intangible personal property that have already been retained by that party as described herein.
3.9
Real Estate. The parties are the joint owners of real estate located at 1678 Douglas
Drive, Carlisle, Cumberland County, Pennsylvania. Upon presentation to Husband through
counsel of a special warranty, fee simple deed conveying all of his right, title and interest in the
aforesaid property to Wife individually, Husband will execute that deed to be recorded
--Page 8 of 14-
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immediately. Wife shall be solely and exclusively responsible for making any and all payments
and meeting any and all financial commitments due and owing for the aforesaid property,
including, but not limited to, taxes, maintenance and utilities. Wife shall indemnify Husband and
hold him harmless from and against any and all demands for payment or collection activities of
any nature whatsoever relative to the aforesaid payments. From the time of execution of this
Agreement and upon the parties' compliance with all terms of this Agreement, Husband waives
and relinquishes any and all right, title and interest in the aforesaid real estate. w>
In consideration of Husband's interest in this property, Wife agrees to pay Husband the7'/v fA/, S;
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sum of THIRTY THOUSAND AND 00/100 ($30,000.00) DOLLARS. The aforesaid SM8,e90 00
payment shall be made within thirty (30) days of execution of this Agreement by Wife, but under
any circumstances must be made prior to delivery of the Deed conveying Husband's interest in ~
the aforesaid real estate to Wife. The aforesaid sum of $30,000.00 due and payable to Husband/l
t?O /<. Wi S,
shall accrue interest at the rate of TEN (10%) PERCENT per annum from thtny (3\)) days from
the date of execution of this Agreement by Wife until the date of payment to Husband.
ARTICLE IV
DEBTS OF THE PARTIES
4.1
Each party represents to the other that except as is otherwise set forth in this Agreement
there are no major outstanding obligations of the parties; that since the separation neither party
has contracted for any debts for which the other will be responsible and each party indemnifies
and holds harmless the other for all obligations separately incurred or assumed under this
Agreement.
--Page 9 of 14--
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ARTICLE V
ALIMONY. ALIMONY PENDENTE LITE.
SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE
5.1
Husband and Wife acknowledge that each has secured and maintained adequate funds with
which to provide themselves sufficient resources to provide for their own comfort, maintenance
and station of life to which he or she is accustom. Husband and Wife hereby waive, relinquish
and give up any and all right of any nature whatsoever that he or she has to alimony, alimony
pendente lite, support, maintenance, or other such benefit from the other and agree not to
institute any action at any time to secure such maintenance, support, alimony, alimony pendente
lite, or other types of support from the other in this or any other jurisdiction.
5.3
Except as specifically noted here, Husband and Wife specifically waive, release and give
up any and all rights for alimony, alimony pendente lite and spousal support pursuant to Chapter
37 of the Domestic Relations Office.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The parties acknowledge that they have either received independent
legal advice from counsel of their own selection, that they fully understand the facts and have
been fully informed as to their legal rights an obligation or otherwise understand those legal
rights and obligations. They acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having
received such advice and with such knowledge that execution of this Agreement is not the result
-Page 10 of14-
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of any duress or undue influence, and further that it is not the result of any collusion or improper
or illegal agreement or agreements.
6.2
BankruDtcv. The parties agree that any and all financial obligations assumed herein shall
not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to,
all financial obligations assumed under Paragraph 3.6 and 3.9 of this Agreement. In the event
either party attempts to avoid financial obligations described herein through bankruptcy
proceedings the other party shall have an independent claim against the party claiming
bankruptcy for any and all sums that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights available to the other party provided
for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy.
6.3
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate ofthe other may be liable.
--Page 11 of14-
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No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.5
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
6.6
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.7
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.8
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.9
Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
--Page 12 of 14-
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this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations ofthe parties.
6.10
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
6.11
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
6.12
Enforceabilitv and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both ofthe
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropriate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
--Page 13 of14--
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and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching party shall have the right, at his or her election, to sue for damages for
such breach or to seek svch otht:r and additional remedies as may be available to him or her
including equitable enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
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Date K~W. SMITH
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DEBRA J. SMIT
--Page 14 of 14-
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this day of , 2002, before me, the undersigned
officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this day of , 2002, before me, the undersigned
officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
--Page 15 of 14--
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ADDENDUM TO THE AGREEMENT MADE ON NOVEMBER 5, 2002
The following paragraphs shall be amended as follows:
1/(vJ. ~~ 3.4
I" l' Each party shall maintain a life insurance policy on their own life
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~o ~ $70,000.00 naming their child, Alexis Smith, born February 7,
1997, as the beneficiary until such time as she attains 22 years of age.
The benefits shall be paid to a trustee to be named by each party, who
shall invest the funds, principal and accumulated interest for the health,
maintenance, welfare and education of Alexis Smith. The parties shall
from time to time provide each to the other proof of the beneficiary
designation and trust provision upon request.
3.6
However, if within seven (7) days, Wife elects to make a portion of
the aforesaid payment by QDRO from her TIAA-CREF account, she may
do so and counsel for Husband shall prepare the QDRO for the TIAA-
CREF rollover. In that event the balance of the $44,130.53 shall then be
transferred from Wife's Geisinger Fidelity account.
3.8
Husband will arrange for the transfer of the Evergreen MFS and
Putnam account.
5.1
Wife's obligation of alimony pendente lite shall terminate the same
day of this agreement.
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The parties hereto acknowledge that they have made this
agreement based upon values of assets as of certain dates and that they
understand said values may have changed to date.
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Debra J. Smit
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K~W. Smith
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12-17-200~ 10:53AM
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TLEMENTAGRtEMENT
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. .... ;SIA8REE~Tmadbthis5."dayof 71~t;~ i'j.,2()02,b~im4i .
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. YfE'W. SMITH, of 43 West Willow Street, ApartmentS" Carlisle, Cumbeliiand
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~I\rania, party of the tlTSt part, hereinafter referred to as "Husband,"
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AND
.D ':sM,1. $M17'll, <If 1678 Douglas Drive. Carlisle, CumberlOllld County, Pennsylvania,
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'e ~eco.nd part, hereinafter referred to as "Wife,"
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:A.S, H1\Sband and Wife were married on September 29, 1990, in H1eIshey;
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bll1lphin ; ounty,Pennsylvama; and
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: '~AS, Husb!lIJ.d and Wife are residents of the Commonw~alth ofPenJ:l-'>ylvania artd
.. s~ for at leilst \he past six months;
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, : RJ:i;AS, certain differences have arisen between the parties hereto which have,made
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itbem deltro~sOfliVing separate and apart from one another; and . ., .., ' .
! . ImREAS, Husband and Wife desire to settle and detenniile certain of their marital
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;rignts d ~b!igations, and make an equitable distribution of their marital property, detennine
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:i:beir ritSlto '~liInony and support and any other matters which .l1ll\)'be considered under the
REAS, it is the intention and purpose of this AgreemelJi to. set forth the r~ctive
rights i. duti~s of the liarties while they continue to live apart from eaCh other and to .settieall
fmauei l~dpl-operty rights between them; and . .
.. ~AS, the parties hereto have mutually entered into au agreement for the ;~vision
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of thei1 jointl* Qwned assets, the provisions for the liabilities they owe, and provisions fur the
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~es61UtioJ6f:the~ mutual differences, after both have had full and ample opportUnity to consull
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ARTICLE I
SEPARATION
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. I ~b",1l ~e lawful for Husband and Wife at all tinies hereafteqo live. sepltX'ale ari9 a.Pait
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; .\ ~o~ eae'either and to residefrOro. time. to time at such place or places as they shall respe:cpvely
+ ri' . ,.,. h~ti itJe,~oni any control, restrain( or intetference,diret\t otinr.Urect, by eaehJpthdr.
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. .1< ?~eilher :~Aral1:molestthe othllrorCompelorendeavor,to~pel the ()thorto cohabitr
..1 . · :dw!;lll.j." ~ ~lor herbya:ny le~ or other proceedings. The f~goiil.gpro~isjl!>1ls shallinbt-j,e
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':.! .tak~ to be!ani~dn1issioll on the-part of either HusbandorWife of the Ill'ivMn~ ofth~ causFs
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,\. ..1~g ~~~livin&eeparate al1dapart. .
j. i; ;.1 ARTICLE II
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. .}: . . ., ..' f 1~e~enti$notP~ediqated onwvorce. .It is~peci~call~ ut..de,rstotid and aWeed ~y
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:,' 1. . .. Mn ~e paliies heretotbat each of the said patties does~erebywarrant >tnd reprtito
.,. ... th~oth "thEl1i;1the e~tibnilllddelivery of this Agree,nentiSnotipreweated'upon riollU~de
I.. .'jjeot ~ in~jagre=entfor institUtion, pro~tion; defense,odor thenon~prdsecutiQribr n~h.
II de~ens4 of an:!. actio!)' for divorce; provided, however. that nothing. contained in ll\is Agreelnent
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12-17-200? 10:54lt1
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243 6510
P,04
FROM Griffie~ Associates
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shall:piev :, jar ~rec1ud.e either of the parties hereto from colJ1lIlencing; instituting or prosecuting
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.: : It by ,the other pwty, or from making any jUst Or propet' defense thereto.! It is
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, ~: C~v~llll1tedjand repre~nted by Husband and Wife, each t,o the other, tha~this
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.. ^sr~m U~la'fMand enforceable and this warranty, coveriant, and representation is made for
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. ... the specilc p~~se of inducing flusband and Wife to exe.cute the Agreement, . Husband and
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Wjfeeac.'~1inglY andunderstlinding1y hereby waive any andaU1possibleclaims thalthis,
... Ag#ell1e "~s, !!jfor any reaSon, .jueial. or. !or any r~son what$everof PUblicpb~cy,
hnetl.forc i~te ~Whole .arilt part.. H:usban.darid Wife do each ~epy wmant, covena~~ and
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agr~.t ' :ll!~' pqssible event, h~ ,and she are and shall forever1:Je estopped from use~ any
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.'.i1I~gality ~im~forcea~litYlill to idl oj: any part ofthisAgr6emen~. ' .
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. . relating] ... .+0 :,quitl.ble distributl~of property of the parties afea~oept.ed :py each p~. as a .
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finals )~te~forallP~ose5'Whatsoever. Should either of the parties obtain a~~ee,
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;sh$ ~Q~el~~ctedin any Way b~ ,"*y such separatlonanddivorce. ',.
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:'J A~etllD.ent shall survive any decree in divorce and shill beforevelbind~g and
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C01iClusj~ ~n ,jhe parties. It is uUde:rstood by and between the parti~ tbat this Agreeml'nt shall
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be 'ineo i rat :1 into any decree, dfvorce or separation. but it shall not be deemoo: merged in such
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. ., ,.,'... . ARTICLE III . I
;.. '::. ,iE,'1UlTABLEDlSTRIBUTlONOFMARlTPPROPERTY
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. T ~part~ have attempted to divide their marital property:in ~ li1ann~which conforms
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.. to.~ en e~ s~f()rth in the PeIlllSylvania Divorce Code, and takiiiginto aocount! the following
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:'con$~d~r ~fn!s;;lthClength of the rharriage; the prior marriages of. tIle parties; the age, health,
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,. stllti~n. .' ,. fn~land sources of insome, vocational skills, c;riployabilijy: estate, liabilities,and
nee4s fi~a~h 1 the parties; thecontrihution of one party to the education, trainitjg.or incre~sed
. ea~g ,b~~r lr the otherparty;~e opportunity of each party far futUte acquisltion of capital
assef.slln ijtfo~e; thMOurceS ofiricome of both parties, including b~riot ltini(ed to medical,
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. reti.ti1 ii. jns~\mce Of other benefits; the contribution or dissipation of e~h part in the
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aeq~isitj Ii, !pr\lsen-ation.depredation, or appreciation ofmaritaiproperty, 'including the
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cQntribu ". ,of'!a party as a. homeinaker; the value of the property set apart to llach party; the
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. .... staridard of Iivii\g of the parties established during their marriage; the economic cff.cumstances of
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eacH.' ~, lnc~diog federal, statei and local taxramificatioils, at the tUne cifthe'divisiouofthe
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profertyW ~ '.\lOme~ffective;a.nd whether the parties will be serving as the C'\lst!>dian ~f any
dJud ' ritin~ children.. . .. ': .
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way a s "e ior: c~ge of assets 'and the division is being effected.,w.ifuout the~ intrOduction of
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outside nlis' other property not constituti.,g marital property. The division of property under
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~~eI:\is~lI be in full sati~factionof all rightll of equitable diStribution ofthe p~es.
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12-17-2002 10:56AM FROM Griffie & Associates
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, l#r$OllafprOD~rtl'. The parties acknowledge that they have. divided their personal
. .Pf~Pemi)taJm1'! ~illlidilit!lUi7ibl"toi\hllirmilt\la1satisfuctiOtl' , '
'_"\"I"'<'~ ~~'t"1"''''''''\'1.,,,~:e,, ~'I\'!-''':' ,,' "'" ' ',' ,,' I
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. . .: . . ~k~n1Ir/mce. . Each pa~ agrees that the. other party shall have sole ownership.. and
POS~essi~n~f :iJl1Y Iifeinsutance pblicies owned by the other: Each party agrepsto sign any
. . ... do~~ri4Saryto waive, relinquish,.or transfer any rights on such p~licies to the respective
. part~ Whr +settlyo~nSSUCb policies.
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243 6510
P.06
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.. .:'. . A. uired Pro e . Husband and Wife agree to waiveand:relinquish any .
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and! all ir lihi th:~t he Or shelnay n~h~ve or hereafter acquire in any real. or taQ,gible ~rsonal
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prot,ei1y's\lbse~\lel\t1y acquired by the other party. . Hushand and Wife specifically. ~ee to
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wai~e d Flwquishanyright ill. such property that may arise &Sa result 6C the marriage
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.; .. 'ellle1t Pro-Sh rin. HusbandoWllsQrhailan'ioterestiIiaTIAA/CREF
. . i\nrfUjl:ybec~J, Wife agrees to :aive. relinquish ortraIlSfer any and all of he1right, title and
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...dn~t. bejha~ ~rmaYhaYe in H~sband'sTIAAlCREF account. . Husband main~tis that.he did
. ...Ii~o ....,clr ~:!an +est ~ any' other pension: retir~lnent. orPTofit;$har\Iigac~o~t ~iilg the
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. .,. ti~eothPrl~es;=iaget1irough the time of their separation. Wife. ihetebY'IVaives,
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... .. rel~U' ~eram,:ransfersanYand .1\11 rlght,title and i~terest slrehas. in anyprl)s~ retiremeirt
...'. ; ll~nnt}a1 wf:aso~her accourits that Husband inay havem hisindivid~aJnameormay.have
. 'ge6ute~tJii,ou~:liis pre$~ntor priOr employment.
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12-17-200~ 10:56pM FROM Griffie & Associates
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',: '. . ....wl~.e~w. ~.: ~ orha.,SI~int.~re..st in the GeiSingerF. idelity Investment. retireme*t plan. Wife ""/I .
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i ..1 :...L.' ~.i...lj.triili..~re.. :~....'. ;.' I'.... j!1'.M.1:.',. ,,:.'ffH<........ OVNA.'... '. tv!} ONEfft/f{!)laID.....TH.......'l. R. T....Y.... 4N...11. ,.. ?3/1...00.,.'($.,..~.'...4.J:.~.J}i5. 3... ).." .
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:.DJ~~~n1Lt~cbduntto an'kccount in HUSband'sri~~tin~~i~!ly. ~l fOJ: ~ife
, . shall; pre~lare: a ~litied Domesti~ Relations Order to effectuate th~ terms of this paragraph
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within fi een (l~) days of execution of this Agreement,
" . 1;1 , I . 4(e' 0+ or <has an interest in the Hershey ~dical Center Fidelit:y Investment
; , . · 're'tii~ine : aqco~~t. Huisliantl. agrees to waive, relinquish or ~feral1yand all ofihis right, title
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.. andfw st~eT 0(112)' have in tllis account.
. .. . j .; ..Ifel owhs 6I'l;lasan interest in a TlAAlCREF annuity account. Husb/lnd agre>>s to .
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'.., wai~e, rt~ut or tr*nsferanyandall of his ri~h~,title and interesthe has or ~aYhave inthis
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aocquntJifejm~ntainslth!t shedid!notown or have an interest jnany'oth~rpenSi~n) retirement,
,()rw~ofi4~t~ aCc6llntduting tite time of the parties' maniage~ough thll'tilntl of their
\. .sep~atiJ, ~4andherebY waives, relinquishes and transfers any and all right, tiUeand interest
· he fs~any~f'esent tetrrement~count, as well as other accounts that Wife mfY have in her
: :'mdi1Jidu~n~~ ormayha:vesec~ through her present or prior emp16Yment. i '. .
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!,' . ..li, ...,:':. .... ~ ... ~ltW~. The parties haV:- :etained vehicles in their sole i and exclusive
~.' '~s~esji tl ~hibh the:.t intend to retain from this time forward. Neither party :wi\l make any
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cIa-b ainSt tIle other party rebiuve to any vehicle or vehicles that the other party has retained
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.=:~ '~~r;' sh11~exe'(edany ~4essarydocuments t~ w~ve; relinq?ish, andtraMer any right.
,. '. title andiinicdtto 'th~vebiole in !the other parly's possesslon within fifteen .( 15) days ofheing
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,req,~st~d' tQ dol ~o by ~ bther party or their legal counsel.'
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12-17-20~ 10:5\RM "ROM Griffie & Associates
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. ietiuk~dh~1*O{!$~~~F~URHrINbREDFIFTr-sixjflw li/l,OO($1,4;6.a) Dbrl~RS
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from thisiaco041> refi~ting the balance at the time of separation, .
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I Tjle p~~s ac.!inowledgethat they are the joint o. wners ofa sl\Vingsac~ountat M&T
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. Ban:.. ,a40. tUl.i t@n.r,.b.er!15004200l2666O.ThepartiesacknOWledge that HUSband.,.'retaioed TWO
. . THOU, ND mf{E HfJ!lYDREDNINETY-SEVEN AND 45/100 ($2,917,45) DOLBARS Jl'omthis
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I. au1tmt; Ii ~~e~h~s:a~knOWledge that Wiferewhed TWO ,THOQSAND Nl}(E HUNDRED
.. :$IW-~,e~4I: 73/ipo ($.2,96j-!S) DOLLARS fromtlllsli9cQunt. ...'. . ..,..
: I, l~piu1l~sJc~Qwledgetl$tthey are the joint owners ofac~ficate df~osit held at
, :' .. :" ,: ~ " , ::' : ::l: ! ~ '. " :,' ." ":, ' ' .;, :. ' . ':.', ' : " ! :.
.Waf1>Q' ~ :S~WbiC~ ,waSrecleemed at :the tinie of sepatatioo. . Th~ Partiesac~owledg~ that
. ':H~~d!~~SJXI mm:DRED AND 001100 ($600,OO)OOLLARSfrom tbls Certific~te of
:idepbSit.~:I:t: ..! .. ..: .. . . ... ' j .. ,i. ..
. .,.. < .1 ... 1~:p.#s# the joiIltoWners of ~. lDOneym~ktt fundh~l.d'.at.Ever~een..FUi1ds.
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I, t~tuatl~tb~.;..r:61&il~07122. 739. The parties acknowledge that. Husband !.re;ainedTWO
... :THbUsJ'NDSE,VEN fflJNDRED,FlFTY..01V:E AND SOllOO{$2, 751.50) DOLBARS froJ'rl this
'.1 .. ~., " ", ,. "i 'I .'," ~', ' " ' ':' .
: :!adcbun,','. tl:.i. :;FA~..~"';.es!, Wkno. wledg.e thai Wiferetaine'fslK. H... UNbkDTWEN(f. i-.NINE. AND
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i76)loo~6~9.irJD{)44RSfromtbjsaccount.. .. .. ... ... . .. ...... . .. :.. :. :; ... .
: .. .\~~e:p~ies ~~bWledgethatthey are thejo~toW)1ersof a~ MFSioveStment ~count,
ac~u~t~~lj1bel';~213ikh86gg7123. .The parties. acknowledge tluit Husband shall retain t~ total
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~~1~'1n~'saOopunt.: 'Nire~lIsiin any do.cllJll.enta n~cessarYtomnoveih~ name:ftom
th1$; ~cfmnt ~~in ~ft!len (is} days. of signing this.. Agt~ment :W'ife shall make. no clah'll
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wh~!$oiivet; ag~lPsfH~band relative to this fmllOcial accoulit or irrvestment.
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12-17-2002 10:5~M FROM Griffie & Assooiates
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j i ..! ~ePa1es aCk~lOl.\1ledge that they are the joint own~rsof aPlItnam inve.went account,
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I.'.. . remtve l~j"n:ll+ fr~ this aCCouIl.t within fIfteen (15) days of signing this Agrpe.'lIent Wife
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I !.. 'shall ~e nh. c1rim wtiatsoeveragllinst Husband relative to this fInandia.! acCOffi1t \)rmve~tment.
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; .. I' .'.. i,., Jf'.,......~.' a.rtl.:..~.s gp~, y : ledge. thi1.. t Wife.is theownel:ofa Valic inyestmentacp... o1l.nt, acC\l.unt
..1.1..' . .. nu+r177~03~, HusbBlld lihaUniake no claims whatsoe~~ relative to this finaufial acco\lllt or
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.Iinvejstine~t.',:... ..., .
t '.111 ..... i+ ~~~s a~~Wled$e that Husband is the owner of an 'AIM inve~ent account,
:11 '. ...IlC~Ull.t+,;"'be~.4039%1968. Wife shall make noclaims.whatsoeve.r relative t6 t1).is ~cial
:'1 iacH~t'i~inve~ent.' '.. . ... ..'. .. i, ..,
.' I. . ..... .: 1fie pa~~s>a~~wledge t~atWife is tbe oWner of an AIM ~esiInen:t accOunt, account
.rll' ..' n~bi;r ~Oj99~~976.! HUSband ~hal1 make nO clallns ~hatsoevet rel.ative ~. ~is finallcial
'.. '.'1' ... . " acc6unt I r invoSltlIlent. ' ' ,
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. '.:11.. . :. ~~ p~ ~~s to sign any documents necessary to close any joint ~counts within
. ,j I il1~e!l (t5):~~~,OfS\f~g this A,~reement. Neither party'shal! rna!reany cla, of any nature
Ii, wh4tsoeh;ag1i:nstthrbiherparty relative. fD the fi~cial accounts Or other ,investments or
I " I urtain~1ij~~brs~rill:l prdpeity that ~ve already been i'etaiJied 'by that p~ as described Iiereitj.
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: i; I II. .... . : :. f#~~~Rte. ~ parties ,are the joint owners of real estate located at 1~78 Do1!g!2.s
,iDri~e <t~rlis1d;:Cum.id-land Cou;uty, Pennsylvania. Upqn.presentation to Hils~andtl1I'9ugh
:' ;, i. r: ","( ,'; !'::' !' .':', . ',\ ,:", ::: ,:;, ': '" , :. , ':', ~
.. .' i:' ': cd~~elbf a~p~Clal ~~anty, feesiinpie deed conveying an of his rlght, title and intetest ixt the
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., afor!,said prop'Grly to Wife individually,Husband will
-Page SOU4,"
execute that deed to be recorded
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! ....I!h=Miaty. W* s~all~ solely and exclusively responsible for malcingany an1all payments
. I! ,~~ lIiee\j~g ai1f':an4i111nnancial; commitments due and'owiog f.or the aforesaidproperty,
.11' ihelJ&n~J~~ n~:limit~d~o, taxes, Qjaintenance and utilities. Wife s~Undel1lI1ifY; Husband and
. .IJOld:hinl~~ml~~fr.om 8ndagainstany and all demandsfo~ paymenior COllecli~n activities of
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anyha,tu~iwhat~~ev,et'rEiJative to tiJe af.oresaid payn;.ents. From the time ofel(;~cution of this
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i. '. Agriemit and.f~Oll, t~e parties' cOmPliance with. all terms .of this Agreement, H,bband\\'1l1ves
and ;alirufuishesJry !ariF.all right, ti!'le and interest in the aforesaid real. estate. . , ~5
. I~COnSi~.i' tic4 ~f:Husband's interest in this properly, Wife l!.grees to pat H.. ...usbandtheJl;/ M5r
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..~ slimiof 'JItlmTYjTHOUSAND ANDOOIJOO ($30,()QO.OO) DOLLARS. .The afores:jid.$*e;ilQ?1\i"l
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. fayrtrba'l~rna&:w~tl1in thirty (30) days of execution of this Agreement by 'rife, but under
,ai1y!cir~tanf rnustbemadep~jor to delivery of the Deed conveying Hushard's interest in #
.. the aiorefliid r~l! estat~ ,00: Wife. The afoI~sald sum of$30,POO.OO d~e and paya~leto Husband/l .
.. ' , .... . . . &(0. g.MS,
:s~\~cc*int~",9tat!tJib rate oftEN (lO%)PERCENTpt:x annum from.~ days flom
: ;., 1,' 'i!,: -:, ,'; !
..iUle pat~H$.ecl#ion of this Agreement by Wife until the d$ ofpay~ent to Husb'and..
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! . .:! .,. W1BTS OF THE P;4RTI1lS
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243 6510
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12-17-2002 11:0iRM
FROM
Griffie & Associates
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243 65113
P.11
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i.,. jALlMONY. ALIMONY PE.NDENTE UTE, .
.. iSPbUiSAL'i$UPPQR'rr,:CHlLD SUPPORT AND MAINTENANCE
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, ;FIj;S~,at1d ~dW,ife a9kuJwledge that each has secmed and maintained adequate funds with
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: }vhi~h to provide thenj.Selves sufficient resources to provide for their oWn comfort, maintenance
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~nd 'station ofli!~e tovituch he or she is accustom. Husband and Wife hereby waive, relioquish
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': 1\l1d 'gi:ve:up any: and aU'rlghtof say nature whatsoever that he or she has to. alimony. alimony
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. . pendente lite, sapport[ in1ainte:nallce, or other such benefit from the other and agree not to
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~s.~!tIte any aci,ibnat'~~,tiIUe to secure such maintenance,suppo!,\, alimony, alimony pendente
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~ite,: of o~~ ~~ Ofs~Pportfrolt1 ke other in .this or any other jurisdiction.
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.. I ... '~l(;~t '8 specjfieally note4 here, Husband ilnd Wife specificll.lly waive, release and give
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... iup. any ahdall ~ights f~re.liIDony, alimony pendente lite and spousal support Purs~lIIlt to Chapter
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:37 9fth;D(;)]:n~ticRelations Offi~.
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i. ARTICLE. Y1. .
MlSCELLANEOUSPROVISIONS
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'~4"jCei~:' CoJ".$e!. The pbes iwknowledge that theY have~itherreceived independent
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ikig~la~~i~ fl~coJnsel of theJ own selection, that th~y fully Understand th~ facts ar\dhave
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.. : lbe~fu4yinf~hned~stotheir 14lgal rights an obligation or o1herWise unders~d those legal
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i risfts ~d~ o*!gatiQ~;. They ,acknowledge and accept that this Agreement is, in the
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: cir9urns'l:an~s) faira.l\ll equitable, !that it is being entered into freely andvoluntaf,ily; after .haviog
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. ..ired~ve~ s~ch~dvicebd with sudh knowledge that execution of this Agreement is not the result
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:~fmj.y diJressor!1J.ndu~!in;'f'Iuence, and further that it is not the result orariy collusion or improper
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r,r illegalia~eJlt or ~greements.
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!:l: ,. ~an~""rll' ~~p~es agree that any and all financial obllglUionsasSun1edherein shall
potfeS~jec. t tf'~iS:~h!ir,.~ through bankruptcy proceedings. This includes, but isno.t lin:ri.t.ed to.
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~1 ,n~iaI6'b1\~atiotassumed under Paragraph 3.6 and 3.9 of this Agreement. In the event
'eithi:r pfYa,empts!19 avoid ~nancia1 obligations described herein..through; bankrUptcy
'PrWee~s: thbothehiu:t:Y shail have an independent claim againsttbe party claimiog
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lb~p~y;fbflany~d~l sums tbat the other party assumes or is required to pay due to the
:~ns Jf the ~. cl~r\Iing ba!lla-J!ptcy. FurtheI, all rights ,available to the other' perly provided
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: 10~ in:P+agl-ap~6.14 ~e\'eillllftel:' shall be availabltl to the party not filing bllokrup1.ty.'
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<! .. . WtIl1raJ~e$.~ach party represents that they have not heretofore incurred Or contracted
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forlanyftor!iliabili4r~t obligllti~nfor which the ,estate o~tbe other party may bll r~spDnsible or
.. .. liathe,ek~ept J~ maybeliro"ided for inthis Agreement. Ellchpartyagrees to in4ertmifyor bold
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itb~01:h~~ pa~haImless. from an~ against any and all.sucb debts, liabilities or obligations of
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'ev~iJmd., Jeludinkthose fi)l" neeessities,except for, the obligations arising!Qut of this
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:A*~en~ a,ljsban4 $d Wife each WlIlTant. covenant. rePresent aJld agree that each will, now
aP~.il,t~Utiin~:her~, Save hmxuess and keep the oth~ indemnified from .all d~bts, charges,
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a.nrlidtllities! i\leun'~d: oy the other after 111.e, execution !late .of this Agreement, except as is
. ~erwjse spe.~ficallr provided for by the terms of this Agreement and thatneitber of them
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. . .1j.e\:eirl\~ incul:any Ii~billty whatsoever for which ~ estate ofthe other may be liable.
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: I, .. i No ~ai~~or~~ficatiPl1 ?f any of the terms of this Agreempnt shall bevalid unless in
. i, '.'iWritllligaPd ~ig#~d bybd1$. parties and no waiver of any breach hereof or default hereunder shall
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.. lJe,deeIllild~' w~yeror:~y subsequent default of the same at suniJar nat\.i.re.
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12-17-200~ 11:01~M FROM Griffie & Associates
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.. Husban~;and Wife covenant alld agree that they willforthwith ,execute any and all written
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:iusttum$ts; as~iinme~t$" releases; satisfactions, deeds, notes or such other writings. as may be
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. '. ' . ': 1'his A~d~enjei/.t shall be c~nstruedin accordance with the laws of the Cornmonwealthof
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. :,Pe~yltania ~hich l1~e iI!- effect ,as of the date. of the execution of this Agreement.
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.'.. '. This Areern.epti spall be binding and shall inure to; the benefit of the parties hereto and
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· .."':. : tl\eirresj.ledtiv~ ~eit&; F~e:cutors. adniioistrators, su.ccessors ilIldassigns.
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I i' ~e: ,deterhJnedor dec]m-ed to be void or llwlilid in law or. otherwise, then only that. tenn;
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t1ollditiolil,~lauseorpr\lvision shall be strickenJroIn this Agreement, and in all other respects.
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12-17-200~ 11:0~
FROM
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243 6510
P,14
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, thi~ ~gre\:!1lentishal1 be :valid and ,continue in full force, effect, and; operation. Likewise, the
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. fail~re of flny ~arty t~ meet his or ber obligation \lnder any. ODe or more of the articles and
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'~edt1"'llS l!.~rdin ihial:l)ri ~~way voidoralterfue remaining obligatioris oflbe partieS.
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dis9i1:\Utibh ,pf *bpcrt*, bt;>th real and personal, which was legally and beneficially acquired by
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H1i~bandlan4v.1lfe; or leijherofthern, during the marriage ~ contemplaM by the Divorce Code
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.0ft\teCQmmon~ealt1i ~~Pennsylvania,
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. :.. ~iSdll$~~e.n;e ,P\arties each warrant and represent t(J the (Jthcr that heo~ $he has made a
'. fulll~d~~mpiJbdi5Clo~tire to the other of all assets of any nature wb9.tsoever in which p.wy has
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. ~ ~nt~t,bf~e sourpes; and amount of the income of sucll party of every type wh~tsoever,' and
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allptlierlfacts I:r~ng,'rthe subject matter of this AgreemeIjt.
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, ' I.! .'. and. d~ree' of'.divorceapd shall forever be bindiog and, conclusive on the parties; and any
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, i I: ill~epen~ent ~tion ,aybe brought, either at law orin equity,to enfor.ce the termsQf the
· , I" ,. .!: A.~~ee~t'by~ither $.u$bandor Wife until it shall have been Mly satisfied and performed; The
.11. ,.', ~~i~~ti~n tor this ic6nfract and agreement is the mutllal:benefits to be obtained by both of the
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., I j., ' patties heretolllndt1\e covenants and agreements of eaCh of the parties to the other.. The
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1'1.. .. .., : ~db\la~y of t~e eo~idetatjon for all agreements herein cO\ltained is stipulated, confessed, and
. ...1,1 . .... ,. JnitteU.bY ~e p~, :and the parties intend to be legally bO'\1lldhereby. In.theeventeither
.; .,1 ',' ~a~brdaJhe,j the aforesaid Agreement and ilis determined through appropriate legal action that
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tllei allege~ party bits so breached.the Agreement, the breaching party shall be respol'lsibJe for allY
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12-17-200a 11:1~M FROM Griffie & Associates
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2436510 P.ii'll
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.. an~ aU latt6m~' s reds as well as: C(lsts and expenses assdciated wiih litigation ;inCurred by the
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. .. no~-br*Cb:ing';lparty tP enforce this Agreemcnt against tQ.e breaching party. In the event of
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. . 'Hreach,lth~no.~reao1u'hg party shall have the right, at his or her eleetion,to Suc,fot dama~s for
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SliPh l?~cach ohoseeli such other and additional remedies as may be available to him or hcr .
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in?l'!'!! ~u+.ble e~orcement of this Agreement.
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. Im'wiliNEsS WHEREOF. the parties hereto have set theirllandS and seals the day and
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y$al; ~st ~bo1.~ wrltteI1c .
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Date . KY~W. SMITH,. .
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II, Ii )- ~. 70~qOO.oo naming ~heir child, Alexis S~th, born February 7,
.. I; ',~9n, as ~~ beneficiary until such tirneas she .attains 22 years of age.
. i... . : ~he:be~e~ts shailbepaidito a trustee to be n~ed by each party, who
./' . . i ~'hall: invest the 'funds; principal and accumulated interest far the health,
). .: bwften~e, welfare and; education of Alexis l?mith. The parties shall
i fr~tL'1l,~ to tune, provide !each to the other prqof of the beneficiary
: I . :desibati~n an<l trust pra1v1sian upon request..
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12-17-2002 11:02RM
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FROM
Griffie & Associates
TO...
243 6510
P.15
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APDEN~:)uM to THE AGREEMENT MADE qN NOVEMBER S, 2002
'The~ollowirlgparagraphs ~ha11 be amended as follows:
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Ho'iMevet; if'wit."-in l1even (7) days, Wife elects to make a portion of
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, . rn-e :af6refaidp~~e::rt b)~ QDRO from her TlAA-CREF account, she may
! db$b Mo.'counsd for HuSband shall prepare the QDRO for the TLM.-
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CREFrcl::lbver. li:'l. that event the balance ofthe $44,130.53 shall then be
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. . trarisfemd from Wife's Geisinger fidelity account.
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H~sband Will arraj1ge for the transfer a[,the Evergreen MFS and
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'wife's obligation a~alimany pendente lite shall terminate the same
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day of this agteement.
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, "The p:arti~Jiereto acknbwled"ge that they' have made this
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agreement based upon values of assets as of certain dates and thatt.1-:Ley
Understand said values inay have changed to d,ate.
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